Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday, May
28, 2021 is now posted.

You can find the online version of the bulletin
here: [link removed]

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All the best,

Danilo

**LEGISLATIVE BULLETIN - Friday, May 28, 2021**BILLS INTRODUCED AND
CONSIDERED

LEGISLATIVE FLOOR CALENDAR

UPCOMING HEARINGS AND MARKUPS

THEMES IN WASHINGTON THIS WEEK

GOVERNMENT REPORTS

SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES

**BILLS INTRODUCED AND CONSIDERED****S. 1810**

**The Conrad State 30 & Physician Access Act**

The bill would allow international doctors to remain in the U.S. upon
completing their residency under the condition they practice in
underserved areas, such as rural communities.

Sponsored by Senator Amy Klobuchar (D-Minnesota) (7

cosponsors - 4 Republicans, 2 Democrats, 1 Independent)

05/25/2021 Introduced in the Senate by Senator Klobuchar

05/25/2021 Referred to the Senate Committee on the Judiciary

**S. 1861**

**Partner with Korea Act**

This bill would create an allotment of 15,000 E-4 highly skilled work
visas for Korean nationals with specialized education and expertise,
provided that potential employers can ensure the visa holders are not
hired for positions that American workers could fill. The bill is a
companion to **H.R. 3382**
.

Sponsored by Senator Roy Blunt (R-Missouri) (1

cosponsor - 1 Democrat, 0 Republicans)

05/26/2021 Introduced in the Senate by Senator Blunt

05/26/2021 Referred to the Senate Committee on the Judiciary

**S. 1865**

**Migrant Resettlement Transparency Act**

The bill would require the Secretary of Health and Human Services (HHS)
and Secretary of Homeland Security (DHS) to consult with state and local
officials before resettling, transporting, and relocating migrants in
their jurisdictions.

Sponsored by Senator Bill Hagerty (R-Tennessee) (1

cosponsor - 1 Republican, 0 Democrats)

05/26/2021 Introduced in the Senate by Senator Hagerty

05/26/2021 Referred to the Senate Committee on the Judiciary

S.___

**The Border Response Resilience Act**

The bill would require the Department of Homeland Security (DHS) to
develop a response plan to address increases in migrant arrivals at the
U.S.-Mexico border. The bill would further require that the plan use
concrete metrics, including measuring the length of time migrants are
held in Customs and Border Protection (CBP) custody and the capacity of
various facilities along the border. The bill would also create a
$1,000,000,000 fund to be used by DHS to adequately respond to
processing and security demands associated with an increase in migrant
arrivals.

Sponsored by Senator Rob Portman (R-Ohio) (1 cosponsor - 1 Democrat, 0
Republicans)

05/28/2021 Introduced in the Senate by Senator Portman

**H.R. 1333**

**NO BAN Act**

The bill would prevent the President from barring immigrants from
entering the U.S. based on their religion unless there is a statutory
basis for such an action. The bill also imposes other restrictions on
the President's 212(f) authority to restrict groups of immigrants.

Sponsored by Representative Judy Chu (D-California) (159
 cosponsors
- 159 Democrats, 0 Republicans)

02/25/2021 Introduced in the House by Representative Chu

02/25/2021 Referred to the House Committees on Homeland Security,
Intelligence, Foreign Affairs, and the Judiciary

04/21/2021 Passed the House by a vote of 218 to 208.

05/27/2021 Introduced in the Senate by Senator Coons

**H.R. 1573**

**The Access to Counsel Act**

The bill would provide access to legal counsel and other protections to
certain individuals who are subject to secondary inspections while
seeking to enter the U.S. Only U.S. citizens, green card holders, visa
holders, returning asylees, and refugees would be eligible for the
protections.

Sponsored by Representative Pramila Jayapal (D-Washington) (49
cosponsors - 49 Democrats, 0 Republicans)

03/03/2021 Introduced in the House by Representative Jayapal

03/03/2021 Referred to the House Committee on the Judiciary

04/21/2021 Passed the House by a vote of 217 to 207

05/27/2021 Introduced in the Senate by Senator Padilla

**H.R. 3374**

**Kate's Law**

The bill would increase from two to five years the maximum prison term
for deported immigrants who return to the U.S. without authorization.

Sponsored by Representative Mo Brooks (R-Alabama) (2

cosponsors - 2 Republicans, 0 Democrats)

05/20/2021 Introduced in the House by Representative Brooks

05/20/2021 Referred to the House Committee on the Judiciary

**H.R. 3375**

**No Sanctuary for Criminals Act**

The bill would withhold certain federal grants from jurisdictions that
prohibit their officers from cooperating with ICE.

Sponsored by Representative Mo Brooks (R-Alabama) (2

cosponsors - 2 Republicans, 0 Democrats)

05/20/2021 Introduced in the House by Representative Brooks

05/20/2021 Referred to the House Committee on the Judiciary

**H.R. 3382**

**Partner with Korea Act**

This bipartisan and bicameral bill would create an allotment of 15,000
E-4 highly skilled work visas for Korean nationals with specialized
education and expertise, provided that potential employers can ensure
the visa holders are not hired for positions that American workers could
fill. The bill is a companion to **S. 1861**
.

Sponsored by Representative Gerald E. Connolly (D-Virginia) (9

cosponsors - 7 Democrats, 2 Republicans)

05/20/2021 Introduced in the House by Representative Connolly

05/20/2021 Referred to the House Committee on the Judiciary

**H.R. 3384**

**End Transfer of Detained Immigrants Act**

The bill would prevent Immigration and Customs Enforcement (ICE) from
transferring immigrant detainees between ICE facilities or to federal,
state, and local prisons during the COVID-19 pandemic. The legislation
also requires that if physical distancing inside ICE facilities is not
possible, detained individuals be released to ensure adherence to the
CDC prevention guidelines.

Sponsored by Representative Jason Crow (D-Colorado) (2

cosponsors - 2 Democrats, 0 Republicans)

05/20/2021 Introduced in the House by Representative Crow

05/20/2021 Referred to the House Committee on the Judiciary

**H.R. 3385**

**Honoring Our Promises through Expedition [HOPE] for Afghan SIVs Act of
2021**

This bipartisan legislation would waive the requirement for Afghan
Special Immigrant Visa (SIV) applicants to undergo a medical examination
while in Afghanistan.

Sponsored by Representative Jason Crow (D-Colorado) (1

cosponsor - 1 Republican, 0 Democrats)

05/20/2021 Introduced in the House by Representative Crow

05/20/2021 Referred to the House Committee on the Judiciary

**H.R.3403**

**See the Crisis Act**

The bill would prevent Vice President Harris from traveling
internationally before visiting the border.

Sponsored by Representative Ashley Hinson (R-Iowa) (15

cosponsors - 15 Republicans, 0 Democrats)

05/20/2021 Introduced in the House by Representative Hinson

05/20/2021 Referred to the House Committee on Oversight and Reform

**H.R. 3493**

**To provide for an extension of the application period for certain
aliens present in the United States for adjustment of status.**

Sponsored by Representative Adriano Espaillat (D-New York) (1

cosponsor - 1 Democrat, 0 Republicans)

05/25/2021 Introduced in the House by Representative Espaillat

05/25/2021 Referred to the House Committee on the Judiciary

**H.R. 3497**

**To direct the Director of the Office of Refugee Resettlements of the
Department of Health and Human Services to establish additional
procedures for making placement determinations for all unaccompanied
alien children who are in federal custody by reason of their immigration
status.**

Sponsored by Representative Andrew R. Garbarino (R-New York) (2

cosponsors - 2 Republicans, 0 Democrats.

05/25/2021 Introduced in the House by Representative Garbarino

05/25/2021 Referred to the House Committee on the Judiciary

**H.R. 3500**

**States Have a Say Act**

The bill would to prohibit the resettlement of refugees in states that
object to such resettlement.

Sponsored by Representative Mark E. Green (R-Tennessee) (0 cosponsors)

05/25/2021 Introduced in the House by Representative Green

05/25/2021 Referred to the House Committee on the Judiciary

**H.R. 3503**

**Repaying the Rural Borderlands Act**

The bill would reimburse ranchers, farmers, homeowners, small
businesses, and other property owners for the cost of damage or personal
harm caused by unauthorized immigrants on or to their property. The
legislation would also compensate state and local governments for the
cost of feeding, housing, and transporting immigrants upon release from
federal custody.

Sponsored by Representative Yvette Herrell (R-New Mexico) (3

cosponsors - 3 Republicans, 0 Democrats)

05/25/2021 Introduced in the House by Representative Herrell

05/25/2021 Referred to the House Committee on the Judiciary

**H.R. 3504**

**Protecting Americans from Foreign Criminals Act**

The bill would require comprehensive background checks for all
undocumented immigrants who are detained in the U.S. It would also
prevent the release of any immigrant prior to the completion of their
immigration case if they have any criminal convictions, terrorism,
cartel or gang ties, or cannot be properly vetted.

Sponsored by Representative Yvette Herrell (R-New Mexico) (4

cosponsors - 4 Republicans, 0 Democrats)

05/25/2021 Introduced in the House by Representative Herrell

05/25/2021 Referred to the House Committee on the Judiciary

**H.R. 3513**

**Afghan Allies Protection Act**

The bipartisan bill would expand and expedite protections for Afghan
nationals who assisted U.S. troops. The bill would make an additional
4,000 Special Immigrant Visa (SIV) slots available for SIV holders and
eligible applicants from Afghanistan.

Sponsored by Representative Adam Kinzinger (R-Illinois) (32

cosponsors - 25 Democrats, 7 Republicans)

05/25/2021 Introduced in the House by Representative Kinzinger

05/25/2021 Referred to the House Committee on the Judiciary

**H.R. 3530**

**To impose a penalty for illegal immigration, and for other purposes.**

Sponsored by Representative Troy E. Nehls (R-Texas) (1

cosponsor - 1 Republican, 0 Democrats)

05/25/2021 Introduced in the House by Representative Nehls

05/25/2021 Referred to the House Committee on the Judiciary

**H.R. 3548**

**To authorize the issuance of visas and admission of certain aliens,
and their derivatives, who were selected to apply for diversity
immigrant visas but were unable to be issued such visas or be admitted
to the United States as a result of certain Presidential
Proclamations.**

Sponsored by Representative Ritchie Torres (D-New York) (1

cosponsor - 1 Democrat, 0 Republicans)

05/25/2021 Introduced in the House by Representative Torres

05/25/2021 Referred to the House Committee on the Judiciary

**The Conrad State 30 & Physician Access Act**

The bill would allow international doctors to remain in the U.S. upon
completing their residency under the condition they practice in
underserved areas, such as rural communities.

Sponsored by Senator Amy Klobuchar (D-Minnesota) (7

cosponsors - 4 Republicans, 2 Democrats, 1 Independent)

05/25/2021 Introduced in the Senate by Senator Klobuchar

05/25/2021 Referred to the Senate Committee on the Judiciary

**LEGISLATIVE FLOOR CALENDAR**The U.S. Senate and the U.S. House of
Representatives will not be in session the week of Monday, May 31, 2021.

**UPCOMING HEARINGS AND MARKUPS**There are no upcoming
immigration-related hearings or markups currently scheduled in the U.S.
Senate or the U.S. House of Representatives.

**THEMES IN WASHINGTON THIS WEEK**

****Federal****

****Pentagon Considering Evacuation of Afghan Allies from
Afghanistan****According to a May 27 report, officials in the Pentagon
have begun planning a potential evacuation

of Afghan nationals who face threats of violence to themselves and their
families on account of their work supporting U.S. troops, diplomats, and
coalition forces. General Mark Milley, Chairman of the Joint Chiefs of
Staff, stated

that it's "important that we remain faithful" to our Afghan allies to
"ensure their protection, and if necessary, get them out of the
country." The Biden administration has not yet publicly announced plans
for an evacuation.

The report comes as the Pentagon accelerated plans

for U.S. military withdrawal from the country, which is now projected to
be completed by early July, months before the initial target of
September 11. The accelerated timeline puts Afghans who have supported
U.S. presence in the country as interpreters, embassy staff, and
security personnel in even greater jeopardy. Some of these individuals
can access humanitarian status in the U.S. through the Special Immigrant
Visa (SIV) program, but extensive screening and vetting protocols and a
lengthy backlog mean that the SIV process takes an average of over three
years

from start to finish.

On May 19, Senators Jeanne Shaheen (D-New Hampshire), Joni Ernst
(R-Iowa), and 18 other Senators sent a bipartisan letter

calling for the protection of Afghan nationals who have supported U.S.
engagement in the country. The Senators called for seven actions to be
taken by the Biden administration and Congress, including evacuation
options for SIV applicants whose visa claims are still pending. On May
26, a group of former national security officials from prior
administrations also sent a letter to the administration urging
President Biden to
swiftly devise an evacuation strategy for qualifying Afghan allies.

SIVs are available to individuals and their dependents who have worked
for at least two years for the U.S. government in Afghanistan, who have
received a letter of recommendation from a U.S. citizen supervisor, and
who can demonstrate a threat to their life or livelihood on the basis of
their assistance to the U.S. government. Approximately 18,000 applicants

are currently waiting in the pipeline after receiving initial approval
from the State Department and an additional 5,000 are still waiting for
initial action on their applications. Including family members and
others, the Truman Center estimates there are over 70,000

total U.S. affiliated Afghans in need of protection.

****White House Redesignates TPS for Haiti****On May 23, the Biden
administration redesignated Haiti for Temporary Protected Status (TPS)
for 18 months, until November 2022. The Department of Homeland Security
(DHS) said

that the designation is due to deteriorating conditions in the country,
including "serious security concerns, social unrest, an increase in
human rights abuses, crippling poverty, and a lack of basic resources,
which are exacerbated by the COVID-19 pandemic." Haiti was initially
designated

for TPS in 2010 as a result of the massive 7.0 magnitude earthquake that
struck the country that year. In 2018, the Trump administration sought
to terminate

TPS for Haiti, although the termination has been held up in the courts.
An estimated over 100,000

Haitians will be eligible for TPS if they can demonstrate residence in
the U.S. prior to May 23, 2021.

On May 25, the Biden administration also opened the registration period

for individuals from Burma to apply for Temporary Protected Status. On
March 12, DHS had announced a designation of TPS for Burma for 18
months. With the registration period now open, an estimated 1,600
Burmese nationals will be eligible for protection in the U.S.

TPS

is granted by the DHS secretary to eligible foreign-born individuals who
are unable to return home safely due to violence or other circumstances
in their home country.

****USCIS Proposes Improved Naturalization Procedures ****According to
a May 25 report
,
U.S. Citizenship and Immigration Services (USCIS) has proposed
improvements to the naturalization process to make obtaining citizenship
more efficient and accessible for applicants and staff. DHS, which
houses the agency, submitted several proposed changes to the White House
on April 21, including

providing waivers for those who cannot afford naturalization fees,
offering additional virtual interviews, promoting online filing for
applications, and allowing agency employees to administer the
citizenship oath, a power currently reserved for federal judges. These
reforms may help the agency expedite the current backlog, which
ballooned to more than 700,000
during the COVID-19
pandemic. The agency also proposed

reducing punishments for applicant errors, such as registering to vote
before receiving citizenship, an act that under current guidelines can
result in deportation and criminal charges.

During her May 26 Senate Judiciary Committee nomination hearing, Ur
Jaddou, the Biden administration's nominee to lead USCIS, stated

that financial reform, reducing backlogs, and improving technology would
be her top priorities if she was appointed. In her opening remarks,
Jaddou said

that the ultimate goal of the agency should be to process applications
"fairly, efficiently, and in a humane manner."

****Democratic Senators Urge Recertification of Immigration Judges
Union****On May 24, nine Democratic Senators on the Senate Judiciary
Committee sent a letter

to Attorney General Merrick Garland urging him to recognize and preserve
the National Association of Immigration Judges, the union which
represents the nation's immigration judges. The letter comes after the
Trump administration moved to decertify the union after clashing with it
over a number of issues
,
including requiring immigration judges to meet annual case quotas and
other actions that threatened judicial independence and due process. The
Biden administration has yet to take action to recertify the union.

According to the Senators' letter, the previous administration's
effort to decertify the union was a "deliberate attempt to muzzle
immigration judges and stifle opposition to the administration's
anti-immigrant agenda." The letter requested a response from Attorney
General Garland by June 14.

****Government Whistleblowers Call for an End to Rapid Border
Expulsions****On May 24, two physicians who consult with DHS on migrant
detention conditions sent a letter to Congress calling for an end to the
Biden administration's continued use of a pandemic-era rule to
expedite border expulsions. Under a Centers for Disease Control and
Prevention rule called Title 42, authorities are permitted to
immediately turn back the majority of migrants arriving at the Southern
border, including those seeking humanitarian protection. The
whistleblowers - who join an increasing number

of high-profile

critics

of the policy - argued that the use of the policy is encouraging the
separation of families and an increase in the arrival of unaccompanied
children. "Since unaccompanied minors are exempted from Title 42," they
wrote, "families with children are either remaining in unsafe conditions
on the Mexican side of the border, or increasingly, are sending minor
children on ahead to cross the border alone."

On May 25, the Marshall Project released a report

highlighting dangers for arriving migrants at the border arising from
Title 42. The protocol has resulted in some migrants attempting to cross
multiple times in short succession, trying to avoid detection by
crossing in increasingly desolate and dangerous border regions. A record
number

of migrants died attempting to cross the border in the summer of 2020,
shortly after Title 42 was first put into place.

In a hearing on May 26, DHS Secretary Mayorkas defended the continued
use of Title 42 at the border, stating that "we will no longer rely upon
Title 42 when there is no longer a public health imperative basis."

According to a May 25 report, U.S. Customs and Border Protection is
planning to build

a new Centralized Processing Center in El Paso, to assist with the
processing of migrant children and certain families who are exempted
from Title 42.

****Watchdog Report: Families Separated During Trump Administration
Despite Parents Asking to Be Deported With Children****A May 18 report

released by the DHS Office of the Inspector General found 
that
ICE deported at least 348 migrant parents without giving them the option
to reunite with their children during the Trump administration. In some
of the cases, there is evidence that parents explicitly asked to be
reunited with their children and deported together. The report found
that flawed record-keeping by ICE officials contributed to some of the
involuntary separations. Most of the separations occurred in the
summer of 2018 during implementation of the Trump administration's
short-lived "zero tolerance" policy, which resulted in the separation of
over 3,000 children

from their parents.

****Harris Continues Engages in Private Partnerships to Spur Investment
in Central America****On May 27, Vice President Kamala Harris announced

that the Biden administration had entered into agreements with 12 major
companies to further investment in the Northern Triangle countries of
Guatemala, El Salvador, and Honduras. The agreements are part of the
administration's efforts to address the root causes of migration to
the Southern border, and they include the expansion of internet and
banking services to vulnerable populations in the region via
partnerships with Microsoft and Mastercard, respectively.

On June 7 and 8, Harris is scheduled

to make her first trip abroad as vice president to meet with leaders in
Guatemala and Mexico.

****Legal****

****Biden Administration Announces Separate Docket for Immigration Cases
of Newly Arriving Migrants****In a joint statement

on May 28, DHS and the U.S. Department of Justice (DOJ) announced a new
"Designated Docket" process to expedite the immigration court cases of
newly arriving migrant families. According to the statement, the process
would be designed

so that families arriving at the border will "have their cases decided
in an orderly, efficient, and fair manner."

Under the new process, recently arriving families who are apprehended
between ports of entry will be placed into the designated docket, where
immigration courts in 10 cities will prioritize their cases. Decisions
in the expedited docket will generally come within 300 days of an
initial hearing, although in certain circumstances this deadline could
be extended.

Prior to the implementation of this process, newly arriving migrants who
are seeking humanitarian protection have been placed into an immigration
court backlog which has risen to over 1.3 million
cases. Many
asylum seekers are left in limbo for an average of over three years.
Docket management tools have been tried by past administrations to
respond to increases in migration at the border with limited success, at
times resulting in additional

backlogs and delays in the immigration court system.

****ICE Avoids Precedent by Releasing Those Who Challenge Prolonged
Detention****According to a recent study

from Tulane University Law School's Immigration Rights Clinic,
detained immigrants who challenge their detention in court are more
likely to be released by Immigration and Customs Enforcement (ICE) than
to have a judge rule in their favor. The analysis concludes

that ICE is choosing to release the individuals in order to prevent
precedent-setting cases that would impact the agency's ability to
detain other migrants for prolonged periods or in substandard
conditions.

In 2001, the Supreme Court ruled that indefinite detention is
unconstitutional, but there have been no clear criteria for determining
when a migrant's detention reaches that standard. The Tulane study
based its analysis on 499 federal court petitions by detained migrants
in Louisiana. Of the cases analyzed, only five migrants were released

as the result of a judge's order. Conversely, 112 cases ended because
ICE released the detainees prior to a decision.

The study names these victories "shadow wins
,"
to describe how the releases avoid setting legal precedent.

**GOVERNMENT REPORTS**

**Office of the Inspector General (OIG):****ICE Did Not Consistently
Provide Separated Migrant Parents the Opportunity to Bring Their
Children upon Removal**
,
May 18, 2021This investigation by the Office of the Inspector General
(OIG) found that between July 2017-July 2018, many migrant parents were
denied the chance to bring their children along when they were expelled
from the country. Nearly 350 parents were removed before Immigration and
Customs Enforcement (ICE) began to officially document parents'
decisions to agree to allow their children to stay in U.S. OIG further
found that ICE removed some parents without their children despite
evidence suggesting the parents expressed a desire to bring their
children along with them.

**Office of the Inspector General (OIG):****Summary Report: Persistent
Data Issues Hinder DHS Mission, Programs, and Operations**

**,** May 24, 2021In this report, the Department of Homeland Security
(DHS) - Office of the Inspector General (OIG) described and analyzed
significant challenges associated with the use of a variety of DHS
databases. The report recommends that DHS improve how it collects and
manages data across all its entities in order to fulfill its mission to
serve and protect the American public. OIG found that data issues
resulted in the agency often operating without necessary information for
prudent decision-making.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES****Fact Sheet:
Temporary Protected Status**
This
fact sheet provides an explanation of what Temporary Protected Status is
and who is eligible to receive it and includes a summary of how many
immigrants living in the U.S. have TPS. The fact sheet also provides an
overview of current ongoing litigation and policy changes surrounding
TPS.

**Fact Sheet: Naturalization**
This
fact sheet describes naturalization, providing information about lawful
permanent residence (LPR) status and the process by which LPRs become
naturalized citizens.

Home Health Care Workers: Immigrants Can Help Care for an Aging U.S.
Population
This
paper discusses the shortage of home health care workers and the role of
immigrants in this sector, offering recommendations on how to mitigate
against labor shortages and secure the needed home health care services
for an aging U.S. population.

* * *

*This Bulletin is not intended to be comprehensive. Please contact
Danilo Zak, National Immigration Forum Policy and Advocacy Associate,
with comments and suggestions of additional items to be included. Danilo
can be reached at [email protected] .
Thank you.

 

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