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Legislative Bulletin
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Hello all,
The National Immigration Forum's Legislative Bulletin for Friday, June
11, 2021 is now posted.
You can find the online version of the bulletin
here:Â [link removed]
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All the best,
DaniloÂ
**LEGISLATIVE BULLETIN - Friday, June 11, 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.___
**The Afghan Allies Protection Act of 2021**The bill would increase the
number of authorized Special Immigrant Visas (SIV) for Afghans who have
assisted U.S. troops and diplomats by 20,000. The bill would also expand
SIV eligibility and streamline the SIV process, including by reducing
employment eligibility requirements and postponing certain required
medical screenings.Sponsored by Senator Jeanne Shaheen (D-New Hampshire)
(3 cosponsors - 2 Republicans, 1 Democrat)06/11/2021 Introduced in the
Senate by Senator Shaheen**H.R. 3770**
**Northern Border Reopening Transparency Act**The bill would require the
Department of Homeland Security, the Department of State, and the
Centers for Disease Control and Prevention to publicize information
relating to internal deliberations and discussions with the Canadian
government regarding easing border restrictions on the U.S.-Canada
border associated with the Covid-19 pandemic.Sponsored by Representative
Chris Jacobs (R-New York) (0 cosponsors)06/08/2021 Introduced in the
House by Representative Jacobs06/08/2021 Referred to the House
Committees on Homeland Security, Ways and Means, Foreign Affairs, and on
the Judiciary**H.R. 3798**
**Break the Chain Act**The bill would eliminate several family-based
visa categories, including F1 and F3 visas for the adult children of US
citizens, as well as F4 visas for the siblings of U.S. citizens and F2B
visas for the adult children of green card holders.Sponsored by
Representative Greg Steube (R-Florida) (0 cosponsors)06/08/2021
Introduced in the House by Representative Steube06/08/2021 Referred to
the House Committee on the Judiciary
**LEGISLATIVE FLOOR CALENDAR**The U.S. Senate will be in session the
week of Monday, June 14, 2021.The U.S. House of Representatives will be
in session from Monday, June 14, 2021 to Thursday, June 17, 2021.
**UPCOMING HEARINGS AND MARKUPS**Hearings to examine H.R.6, to authorize
the cancellation of removal and adjustment of status of certain aliens
**Date:Â **Tuesday June 15, 2021 at 10:00 am ET (Senate Committee on the
Judiciary)
**Location:**106 Dirksen Senate Office Building, Washington, D.C.
**Witnesses:**TBAExamining the Policies and Priorities of the U.S.
Department of Health and Human Services
**Date:** Wednesday, June 16, 2021 at 9:00 am ET (House Committee on
Education and Labor)
**Location:** Virtual
**Witnesses: Â **Xavier Becerra, Secretary, Department of Health and
Human ServicesImproving Security, Trade, and Travel at Land Ports of
Entry at the Southwest Border
Date:
Wednesday, June 16, 2021 Â at 2:30 pm ET (Senate Committee on Homeland
Security and Governmental Affairs)Location: Virtual
**Witnesses:**Kevin K. McAleenan, Former Acting Secretary (2019), U.S.
Department of Homeland SecurityAnthony Reardon, National President of
National Treasury Employees UnionSamuel Vale, President of Starr-Camargo
Bridge CompanyJaime Chamberlain, President of Chamberlain Distributing
Inc.
**THEMES IN WASHINGTON THIS WEEK**
**Federal**
****Bipartisan Senate Group Continues Discussions on Immigration
Reforms****According to a June 10 Punchbowl News report
,
a bipartisan group of Senators met in a closed-door meeting on June 9 to
continue to discuss and negotiate immigration-based legislative reform.
The Senators reportedly focused on three pieces of legislation,
including two
bills
that recently passed the House of Representatives with bipartisan
support that would provide a pathway to permanent status for Dreamers,
Temporary Protected Status holders, and undocumented farmworkers. The
group is also reportedly
discussing incorporating a proposal introduced by Senators Kyrsten
Sinema (D-Arizona) and John Cornyn (R-Texas) that aims to respond to the
increase in migration at the southern border.Concerning the
negotiations, Senator Dick Durbin (D-Illinois) said
that "those three bills are under active consideration. We're trying
to find a way to combine them into a bipartisan product that will get at
least 10 Republican votes." After the meeting, attendees reportedly said
the discussion went "a lot better" than previous meetings. The group of
Senators had most recently met to discuss a potential immigration
compromise on May 12
and on April 22
.
****Bipartisan House Group Calls for Immediate Administrative Action to
Protect Afghan Allies****On June 4, Representative Seth Moulton
(D-Massachusetts) and 21 other House lawmakers sent a bipartisan letter
to the White House calling for "immediate" action to protect Afghan
nationals who face threats of violence on account of their work
supporting U.S. troops, diplomats, and coalition forces. In the letter,
the legislators called for the administration to create an interagency
task force responsible for the management and evacuation of these Afghan
allies before planned U.S. troop withdrawal, and for the administration
to consider using Guam as a temporary evacuation site. Representative
Michael San Nicolas (D-Guam) signed on to the House letter.Also on June
4, 70 immigration and veteran advocacy organizations sent a separate
letter
to the administration, also advocating for a rapid evacuation to Guam.
The letter cited similar evacuations following the Vietnam War and the
1996 Iraqi Kurdish Civil War.The administration has not yet announced a
formal plan to protect Afghans who supported U.S. efforts, but on June
7, Secretary of State Antony Blinken said
the administration is "considering every option." Representative Michael
McCaul (R-Texas), ranking member of the House Foreign Affairs Committee,
said
he
was "frustrated" by the lack of clarity and action on the issue from the
administration.Many of the Afghans who have assisted U.S. efforts 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. Approximately 18,000 applicants
are currently waiting in the SIV backlog in Afghanistan after receiving
initial approval from the State Department. Since 2016, at least 300
interpreters have been killed in Afghanistan, and those who have helped
U.S. troops fear they will be at far greater risk after U.S. military
withdrawal.On June 11, a bipartisan group of Senators, including
Senators Jeanne Shaheen (D-New Hampshire) and Joni Ernst (R-Iowa),
introduced legislation
that would increase the number of authorized SIVs, as well as streamline
the process and increase the number of individuals who may be eligible.
****CBP Border Data Shows Total Arrivals Continue to Plateau,
Demographics Change****On June 9, U.S. Customs and Border Protection
(CBP) released
official data on the number of migrants the agency had apprehended or
encountered in May. The data
showed a marginal increase in overall monthly arrivals as the numbers
continue to plateau after steep increases in February and March. CBP
encountered 180,034 total individuals at the border in May, up from
178,622 the month prior. While overall numbers remained about the same,
the demographics of migrants encountered at the border have begun to
change. Arriving single adults are increasing markedly, rising to
121,082 in May from approximately 100,000 back in March. Meanwhile,
arriving individuals in family units and arriving unaccompanied children
continue to decline, falling to 44,794 and 14,158 respectively. The
overall numbers, particularly of arriving single adults, remain inflated
due to a high number of repeat crossers, with recidivism rates
reportedly
at 38%.According to the CBP data, a majority of all arrivals - even
those seeking humanitarian protection - continue to be sent back
immediately under a pandemic-era Centers for Disease Control and
Prevention rule
called Title 42. However, an increasing proportion of arriving families
(approximately 80%) were exempted from Title 42 in May, after the
Department of Homeland Security (DHS) announced clarified exceptions
to the rapid expulsion process for vulnerable migrants on May 12.
****Texas Governor Announces Plan to Arrest Migrants at the Border for
"Aggravated Trespassing"****On June 10, Governor Greg Abbott (R-Texas)
announced
that he would be taking a series of additional actions to restrict
migrants and asylum seekers at the Texas-Mexico border. In his
announcement
,
Abbott stated that he had created a "comprehensive border security plan"
that would include "working collaboratively with communities impacted by
the crisis to arrest and detain individuals coming into Texas
illegally." Abbott stated
that he planned to order state troopers to arrest arriving asylum
seekers and other migrants "for aggravated trespassing" and that the
state would work to continue wall construction along the border. The
governor further announced the creation of a state Task Force on Border
and Homeland Security that would include representatives from eight
different state agencies and would work on additional strategies to
"stem the flow of unlawful immigrants and contraband into
Texas."Concurrent with the announcement, Abbott held a summit with local
law enforcement leaders and other officials at the border. However,
several law enforcement leaders
on the border - including
some who attended the summit - have expressed concern about the
governor's plans and noted that there is not a security crisis in
their border jurisdictions. Hidalgo County judge Richard Cortez noted
that, "I'm very concerned that he wants not only the state of Texas
but all municipalities and counties to take on the duties of the federal
government with respect to immigration and border enforcement."
Advocates and legal experts also questioned the legality
of the governor's plan to use state authority and personnel to arrest
border crossers.The announcement came less than a week after Abbott
instructed
the state Department of Public Safety (DPS) to revoke the childcare
licenses of Texas shelters housing unaccompanied migrant children who
have recently arrived at the border seeking protection. On June 7, the
Biden administration announced
it was preparing to sue the state of Texas if Abbott moved forward with
the plan.
****USCIS Rolls Back Red Tape on Legal Immigration Processes****On June
9, U.S. Citizenship and Immigration Services (USCIS)Â issued three
policy changes
 to
ease application processes for green cards, legal immigration visas, and
employment authorization documents (EAD).The first update instructed
USCIS officers to request additional evidence from immigrant visa
applicants before denying their applications. Applicants will now have
the opportunity to correct mistakes and unintentional omissions before
receiving a denial. The second policy change seeks to clarify when an
applicant qualifies for expedited processing
,
making it easier for immigration officers to adjudicate requests for
faster processing. The new policy will also create a novel process by
which nonprofit organizations can request expedited processing for their
employees if they can demonstrate the applications would further the
cultural and social interests of the United States. The third policy
increases work authorization for certain applicants from one to two
years.Alejandro Mayorkas, the Secretary of the Department of Homeland
Security, said
the updates were intended to "eliminate policies that fail to promote
access to the legal immigration system."
**Harris Travels to Guatemala and Mexico to Discuss Root Causes and
Regional Migration Enforcement**On the week of June 8, Vice President
Kamala Harris made
her first international trip to meet with the presidents of Guatemala
and Mexico to discuss possible collaboration on addressing the root
causes of migration from Central America. While in Guatemala, Harris
announced
that the U.S. will support an anti-corruption panel tasked with
reviewing the conduct of the Guatemalan government. In Guatemala, Harris
also pledged to support job creation, assist women in the country to
start businesses, and help to address national security concerns.While
in Mexico, Harris signed an agreement with Mexican President Lopez
Obrador that called for collaboration on strategies to deter migration
from the Northern Triangle and to address poverty, persecution, and
corruption in migrant-sending communities. In Mexico, Harris also stated
that the U.S. plans to provide housing and infrastructure loans to
support the Mexican economy, and she said the U.S. will invest $130
million to support labor protections for Mexican workers and forensic
training to help local officials find missing persons.On June 8,
Canada's Immigration Minister said
the country is prepared to welcome some Central American migrants to
assist the United States in managing the large numbers of migrants
arriving at the U.S.-Mexico border.
****Biden Family Reunification Task Force Releases Report with Update on
Progress****On June 8, the Biden administration's Family Reunification
Task Force published a report
detailing the progress of the administration's efforts to account for
and reunite children separated from their families under the Trump
administration. The report finds
that at least 3,913 children were separated from their families between
July 2017 and January 2021 that fall within the purview of the task
force, with another 1,723 potential cases that are still under review.
Of those 3,913 children, about 1,800 have since been reunited with their
families, leaving over 2,100 in need of reunification. Seven families
were reunited by the task force in the month of May.Many of the parents
who were separated under the Trump administration have already been
deported even as their children remain in the U.S., and the
administration's task force is planning
to provide humanitarian parole to certain vulnerable individuals to
allow families to safely reunite in the U.S. According to the progress
report
,
parole has already been granted to individuals in 29 families, which are
set to be reunited in the coming weeks. The task force has identified an
additional 62 individuals to be considered for parole.DHS Secretary
Mayorkas said
the agency is committed to "the relentless pursuit of reunifying
families who were cruelly separated by the previous Administration."
****Legal****
****Supreme Court Rules Certain TPS Recipients Cannot Adjust
Status****On June 7, the Supreme Court ruled unanimously
that Temporary Protected Status (TPS) holders cannot become eligible for
green cards if they initially entered the country without authorization.
The case revolved around whether TPS holders should be classified as
nonimmigrants under the Immigration and Nationality Act, and as such
should be considered "inspected and admitted," regardless of whether
they initially entered the country without authorization.In the opinion
, written
by Justice Kagan, the Court agreed with the Biden administration's
arguments that those with TPS who entered the U.S. without authorization
are not lawfully inspected and admitted, and therefore they cannot
lawfully apply for green cards. Justice Kagan noted that while TPS does
not eliminate the "disqualifying effect of an unlawful entry," there is
a way for all TPS holders to receive permanent legal status:
"Legislation pending in Congress would do just that," she wrote
, referring
to the American Dream and Promise Act
, which
recently passed the House of Representatives and would provide a path to
permanent status for Dreamers and TPS holders.TPS is granted by the
Secretary of DHS to eligible foreign-born individuals who are unable to
return to their country of origin safely due to violence or other
circumstances in that country.
**GOVERNMENT REPORTS**Department of Homeland Security (DHS) Office of
Inspector General (OIG): ICE Faces Challenges in Its Efforts to Assist
Human Trafficking Victims;
June
4, 2021The report describes an audit conducted by OIG which examines how
U.S. Immigration and Customs Enforcement (ICE) tracks human trafficking
crimes. The report found that ICE has not accurately investigated human
trafficking tips and leads and has not maintained accurate data and case
files concerning trafficking crimes. The report concludes that ICE has
missed opportunities to assist and save victims of human trafficking.
**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES**American Dream and
Promise Act: Bill Summary
This
is a summary of the American Dream and Promise Act, which would provide
Dreamers, Temporary Protected Status (TPS) holders and individuals with
Deferred Enforced Departure (DED) with protection from deportation and
an opportunity to stay in America if they meet certain
requirements.Explainer: What's Happening at the U.S.-Mexico Border
This
regularly updated explainer breaks down what is happening at the
U.S.-Mexico border, analyzing CBP data on recent apprehensions,
describing the impact and use of Title 42 expulsions as well as the
treatment of arriving UACs, and providing additional context on reports
of increased migration to the U.S. and releases of migrant families into
the interior. The explainer also includes a Facebook live discussion
covering the latest state of play at the border.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.* * **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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