Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday, June
18, 2021 is now posted.

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

[link removed]

All the best,

Danilo 

**LEGISLATIVE BULLETIN - Friday, June 18, 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.2083**

**Honoring Our Promises through Expedition (HOPE) for Afghan SIVs Act of
2021**

The bill would expedite the immigration process for Afghan interpreters
and translators that assisted U.S. forces in Afghanistan by waiving the
requirement to undergo a medical exam for individuals who are otherwise
eligible for special immigrant status. The bill would ensure that Afghan
SIVs receive medical examinations as soon as possible after being
admitted to the United States. This bill is a companion to H.R. 3385
.

Sponsored by Senator John Cornyn (R-Texas) (1

cosponsor - 1 Democrat, 0 Republicans)

06/16/2021 Introduced in the Senate by Senator Cornyn

06/16/2021 Referred to the Senate Committee on the Judiciary

**H.R. 3850**

**Protect Women's and Girls' Rights in Afghanistan Act**

The bill would safeguard the rights of women and girls in Afghanistan
following the withdrawal of U.S. and NATO forces. It would create a
monitoring system to keep the U.S. informed on the Afghan government's
ability to guarantee basic human rights for women, including health
care, education and employment opportunities. The bill would deny
economic aid to the Afghan government if minimum standards of treatment
for women and girls are not upheld. This bill is a companion to S.1642
.

Sponsored by Rep. Elissa Slotkin (D-Michigan) (1

cosponsor - 1 Republican, 0 Democrats)

06/11/2021 Introduced in the House by Representative Slotkin

06/11/2021 Referred to the House Committee on Foreign Affairs

**H.R. 3881**

**To amend the Immigration and Nationality Act to protect the well-being
of soldiers and their families, and for other purposes**

Sponsored by Rep. Mike Thompson (D-California) (0 cosponsors)

06/14/2021 Introduced in the House by Representative Thompson

06/14/2021 Referred to the House Committee on the Judiciary

**H.R. 3897**

**Returning Worker Exception Act of 2021**

The bill would reform the H-2B program by exempting returning workers
from the numerical cap of 66,000. The bill would also allow the
Department of Labor (DOL) to investigate and take action to ensure
compliance with the H-2B program by establishing a complaint process and
authorizing DOL to impose remedies for violations, including temporary
or permanent disqualification from the program.

Sponsored by Rep. Henry Cuellar (D-Texas) (6

cosponsors - 4 Republicans, 2 Democrats)

06/15/2021 Introduced in the House by Representative Cuellar

06/15/2021 Referred to the House Committee on the Judiciary and the
Committee on Education and Labor

**LEGISLATIVE FLOOR CALENDAR**The U.S. Senate will be in session the
week of Monday, June 21, 2021.

The U.S. House will be in session from Tuesday, June 22, 2021 to Friday,
June 25, 2021.

**UPCOMING HEARINGS AND MARKUPS****Honoring Veterans and Military
Families: An Examination of Immigration and Citizenship Policies for
U.S. Military Service Members, Veterans, and Their Families**

**Date:**Wednesday, June 23, 2021 at 2:30 pm ET (Senate Judiciary
Subcommittee on Immigration, Citizenship, and Border Safety)

**Location:**Dirksen Senate Office Building Room 226

**Witnesses:**TBA

**Oh, Canada! How Outdated U.S. Immigration Policies Push Top Talent to
Other Countries**

**Date:**Thursday, June 24, 2021 at 2:00 pm ET (House Judiciary
Subcommittee on Immigration and Citizenship)

**Location:**Rayburn House Office Building Room 2141

**Witnesses:**TBA

**THEMES IN WASHINGTON THIS WEEK**

****Federal****

****Senate Marks DACA Program Anniversary with Hearing on Dreamers,
Temporary Protected Status Holders****On June 15, congressional
lawmakers, administration officials, and immigration advocates
commemorated the ninth anniversary of the implementation of Deferred
Action for Childhood Arrivals (DACA) with a series of actions on
Dreamers.

The Senate Judiciary Committee held a hearing

on the Dream and Promise Act
, which
passed the House of Representatives with bipartisan support in March.
During the hearing, Democrats called for the swift passage of the House
bill, which would provide a path to permanent lawful status for Dreamers
and Temporary Protected Status (TPS) holders.  Many Republicans raised
concerns about the current situation at the U.S-Mexico border and the
overall size of the population covered in the Dream and Promise Act.
Several senators on the committee had taken part in ongoing bipartisan
discussions

on a potential immigration compromise the previous week. Senators in
that bipartisan group reportedly discussed a legislative solution for
Dreamers as well as provisions addressing the border. During the June 15
hearing, Senator Dick Durbin (D-Illinois) called the discussions

"a good faith effort to try to find some common ground on a very
challenging situation."

While bipartisan conversations continue, some Senate Democrats have
floated including immigration reforms

in an upcoming Democratic-sponsored reconciliation package as a way to
pay for infrastructure improvements, which would allow Democrats to
avoid the Senate filibuster and pass legislation with a simple majority.

Also on June 15, Vice President Kamala Harris, along with Senators
Durbin and Bob Menendez (D-New Jersey), met with six DACA recipients and
TPS holders

who were essential care workers. In the meeting, Harris said

that, "This administration fully intends to do everything in our power
to protect our Dreamers."

The actions come as a federal court in Texas could issue a decision in a
case on the legality of DACA at any time. A representative for the
Mexican American Legal Defense and Educational Fund (MALDEF), which is
representing DACA recipients in the case, reportedly said

a ruling could come "any day now." In the meantime, many DACA applicants
have faced lengthy processing delays, spurring a group of Senate
Democrats to send a letter

to U.S. Citizenship and Immigration Services (USCIS) inquiring about the
long wait times.

****U.S. Improves Access to Work Permits for Immigrant Crime
Victims****On June 14, USCIS released

a policy update aiding immigrants who are waiting for U visas, which are
provided to victims of certain crimes who have been helpful to
authorities in the investigation or prosecution of criminal activity.
The new policy aims to broaden access

to work authorization and deportation relief for thousands of U visa
applicants whose claims are found to be bona fide or made in good faith.

U visas allow immigrants access to work authorization and the option of
applying for permanent residence after three years. Even before some
applicants receive the visa, they can receive conditional approval and
access to a work permit. However, with the number of U visas limited to
10,000 per year and demand far outstripping supply, the backlog has
ballooned in recent years
,
reaching nearly 269,000. Processing delays mean it takes an average of
four years

for applicants to even receive conditional approval. The new policy will
allow for these individuals to access work authorization far earlier in
the process.

In the statement, USCIS referred to the policy

as one of many initiatives "designed to eliminate complex, costly, and
unjustified administrative burdens and barriers." The policy will go
into effect immediately, although it is not yet clear how many
individuals will be able to benefit from it.

****U.S. Embassy Pauses Processing of Visas for Afghan Allies as Troop
Withdrawal Looms****On June 13, the U.S. embassy in Kabul, Afghanistan
paused visa processing indefinitely

due to a COVID-19 outbreak, halting the already-delayed processing of
thousands of Afghan interpreters, contractors, and others who have
assisted U.S. efforts in the country and face increasing danger as the
planned troop withdrawal

nears. Most of these Afghan allies are eligible for a Special Immigrant
Visa (SIV), but approximately 18,000 SIV applications remain stuck in
the backlog, which is only projected to grow due to lengthy processing
delays and the closure of the embassy.

Congressional lawmakers on both sides of the aisle and in both the House
and the Senate have repeatedly urged

the Biden administration to take action and to evacuate and protect
Afghans who have assisted U.S. efforts. Representatives Jason Crow
(D-Colorado), Michael Waltz (R-Florida), and others have called upon

President Biden to speedily transport Afghan allies to a U.S. territory
like Guam to finish their SIV processing. Also, on June 15, Senator
Angus King (I-Maine) urged military officials
 to
lend personnel to the State Department to speed up the processing of SIV
applications. "This is an emergency, and it needs to be treated as
such," Senator King said.

In response to the concerns surrounding SIV processing and calls for the
evacuation of Afghan allies, a representative for the State Department
said
 on
June 11, "while troops are planned to leave there in September, the
United States will maintain a robust diplomatic presence throughout the
U.S. embassy, and our teams in the consular section in Kabul and
Washington will continue to process qualified SIV applications, of
course, as expeditiously as possible."

SIVs are provided to individuals and their dependents who have worked
for at least two years for the U.S. government, 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.

****Biden Administration Expands Eligibility for Central American Minors
Program****On June 15, the Biden administration announced it is planning
to expand eligibility
 under
the Central American Minors (CAM) program. The CAM program, first
created by the Obama administration in 2014, allows parents with legal
status in the U.S. to apply to have their children in El Salvador,
Honduras, or Guatemala to join them in the U.S. if they face threats of
violence in their home countries. The program will now be eligible to
not just parents but other legal guardians, and eligibility for sponsors
has been also been expanded to include those in the U.S. with pending
asylum applications or U visa petitions.

The CAM program was terminated by the Trump administration in 2017, but
reinstituted by the Biden administration on March 10, 2021. Initially,
the Biden administration was only using the program to process those who
had pending cases before 2017, but the expanded eligibility announcement
signals the administration's intent to process new cases. Tens of
thousands

of additional children may now be eligible under the new criteria.

****Biden Administration to Return Diverted Border Wall Funding to
Department of Defense ****On June 11, the Biden administration shared
a plan
 to
return $2.2 billion in previously-diverted funding from Pentagon
construction projects, which had been shifted to build the Trump
administration's border wall. The Trump administration diverted around
$10 billion in total for barrier construction along the Southwest
border, with $3.6 billion coming from Department of Defense
construction projects
 including
building and renovating schools for the children of military personnel
and addressing
 safety
issues at Navy shipyards.

The Biden administration's plan to return funding to the Department of
Defense does not end all construction along the border, and funding that
was appropriated by Congress for border barriers and security will be
used to address
 risks
associated with flooding, soil erosion and abandoned construction sites
with input from local communities.

In a statement on the plan, the Office of Management and Budget (OMB)
wrote

that, "Building a massive wall that spans the entire southern border and
costs American taxpayers billions of dollars is not a serious policy
solution or responsible use of federal funds."

****Legal****

****Attorney General Garland Vacates Trump-Era Asylum Holdings that
Prevented Victims of Gang, Domestic Violence from Receiving
Protection****On June 16, Attorney General Merrick Garland vacated

two Trump-era legal opinions, which made it harder for asylum seekers
fleeing gang and domestic violence to access protection in the U.S.
Associate Attorney General Vanita Gupta wrote

that Garland's actions "reflect America's commitment to providing
refuge to some of the world's most vulnerable people."

In one of the Trump-era cases
,

**Matter of**

**A-B-** , then-Attorney General Jeff Sessions overruled existing
precedent to prevent most victims of domestic violence and gang violence
from qualifying for asylum. In the other case
,

**Matter of L-E-A-** , then-Attorney General William Barr limited the
scope of what constituted membership in a "particular social group" that
faced persecution, further scaling back the eligibility of many seeking
humanitarian relief.

****State and Local****

****Texas Governor Attempts to Crowdsource Additional Border Wall
Construction****On June 16, Governor Greg Abbott (R-Texas) announced his
plan

to build a border wall along the Texas-Mexico border, financed with a
$250 million payment from the state's general fund, as well as
requested donations from private citizens.

The announcement comes amid a series of additional border-related
initiatives spearheaded by the governor. Abbott has also said he will
deploy more law enforcement officials at the border to help manage the
large number of migrants. His plan also includes encouraging local
officials to attempt to charge and prosecute migrants

with trespassing and other state offenses.

Abbott's actions are likely to face legal challenges
,
as the federal government, not states, is primarily tasked with setting
and enforcing federal immigration laws and policies. In addition, many
sections of land marked for planned construction are privately-owned
,
which is an obstacle that the Trump administration also faced when
attempting to build barriers on the Texas-Mexico border. Abbott said the
state would look first for those who want to volunteer their property
for wall construction.

****Nominations/Personnel****

****Biden Nominates Secretary Ken Salazar as Ambassador to Mexico****On
June 15, the Biden administration announced

that Ken Salazar will be nominated to fill the post of United States
Ambassador to Mexico. Salazar was previously Secretary of the Interior
under the Obama administration, and is a former U.S. Senator and
Colorado state attorney general. He was the first Latino elected to
statewide office in his home state. Should he be confirmed, Salazar will
be responsible for furthering the United States' relationship with
Mexico and Mexican President López Obrador, including on matters
relating to immigration and the U.S.-Mexico border.

**GOVERNMENT REPORTS**

**Government Accountability Office (GAO):****Border Security: CBP's
Response to COVID-19**

**; June 14, 2021**This recently updated report from the Government
Accountability Office (GAO) summarizes U.S. Customs and Border
Protection's (CBP's) response to COVID-19. GAO reports that normal
operations were significantly impacted by the pandemic, but that CBP
regularly updated guidance and implemented flexible work schedules and
safety precautions. CBP did experience difficulties with providing
sufficient telework equipment at some of their field locations.

**Congressional Research Service (CRS):****Immigration Arrests in the
Interior of the United States: A Primer**
;

**June 3, 2021**This Legal Sidebar from the Congressional Research
Service focuses on the authority of Immigration and Customs Enforcement
(ICE) to arrest and detain foreign nationals. ICE does have legal
authority to conduct arrests on foreign nationals who have been marked
for deportation. ICE's enforcement authority has remained consistent
through the years, but each new administration brings its priorities and
redirects resources to the agency. In temporary guidance, the Biden
administration has called for ICE to focus primarily on recent arrivals
and foreign nationals who present threats to national security or public
safety when making arrests and placing non-citizens in immigration
detention.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES****Fact Sheet:
Evacuating Our Allies from Afghanistan**
This
resource provides background on the Special Immigrant Visa program for
Afghan allies who have assisted U.S. efforts in Afghanistan and
discusses prior evacuations of U.S. allies in past conflicts.

**Fact Sheet: Central American Minors (CAM) Program**
This
fact sheet answers frequently asked questions about the Central American
Minors (CAM) program. It describes how the CAM program works and who is
eligible, and discusses the impact of the program when it was
implemented between 2014 and 2017.

**Fact Sheet on VAWA, T Visas and U Visas**
This
Law Enforcement Immigration Task Force (LEITF) fact sheet provides
information and context about visa and status pathways for immigrant
victims of crime.

* * *

*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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