Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday, June
25, 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, June 25, 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. 2196**

**Restoring Northern Border Travel Act**

The bill would require the Department of Homeland Security (DHS) to
implement a plan to restore nonessential cross-border travel at the
U.S.-Canada border within 20 days of enactment. The bill would also
require DHS to begin broadening eligibility requirements for border
crossers within 10 days of enactment, including for certain family
members of U.S. residents and for those crossing the border to attend to
business meetings or to visit property they own. The bill is a companion
to **H.R. 4105**
.

Sponsored by Senator Steve Daines (R-Montana) (0 cosponsors)

06/23/2021 Introduced in the Senate by Senator Daines

06/23/2021 Referred to the Senate Committee on Homeland Security and
Government Affairs

**S. 2216**

**Save Our Afghan Allies Act**

The bill would require the State Department and the Department of
Defense to develop an evacuation plan for Afghan interpreters and other
allies who supported the U.S. mission in Afghanistan. The departments
would be required to submit the plan to Congress within thirty days
after passage of the bill.

Sponsored by Senator John Kennedy (R-Louisiana) (0 cosponsors)

06/22/2021 Introduced in the Senate by Senator Kennedy

06/24/2021 Brought to the Senate Floor to be advanced via unanimous
consent, blocked by Senator Rand Paul

**H.R. 4050**

**The Nuclear Family Priority Act**

The bill would reduce the overall number of visas allocated for
family-based pathways, and it would replace all existing
family-sponsored visa pathways with a single category for the spouses
and children of lawful permanent residents. The bill would also create a
new nonimmigrant pathway for the parents of U.S. citizens.

Sponsored by Representative Jody Hice (R-Georgia) (0 cosponsors)

06/22/2021 Introduced in the House by Representative Hice

06/22/2021 Referred to the House Committee on the Judiciary

**H.R. 4059**

**To reimburse the states for border wall expenses**

Sponsored by Representative Troy Nehls (1

cosponsor - 1 Republican, 0 Democrats)

06/22/2021 Introduced in the House by Representative Nehls

06/22/2021 Referred to the House Committees on Oversight and Reform and
on the Judiciary

**H.R. 4096**

**Transparency of Migration Act**

The bill would require DHS and the Department of Health and Human
Services (HHS) to publish weekly information concerning the daily number
and demographics of individuals encountered by Customs and Border
Protection (CBP), as well as the states to which such individuals are
sent and whether the individuals in question have a criminal record.

Sponsored by Representative Nicole Malliotakis (R-New York) (5

cosponsors - 5 Republicans, 0 Democrats)

06/23/2021 Introduced in the House by Representative Malliotakis

06/23/2021 Referred to the House Committee on the Judiciary

**H.R. 4105**

**Restoring Northern Border Travel Act**

The bill would require the Department of Homeland Security (DHS) to
implement a plan to restore nonessential cross-border travel at the
U.S.-Canada border within 20 days of enactment. The bill would also
require DHS to begin broadening eligibility requirements for border
crossers within 10 days of enactment, including for certain family
members of U.S. residents and for those crossing the border to attend to
business meetings or to visit property they own. The bill is a companion
to **S. 2196**
.

Sponsored by Representative Elise Stefanik (R-New York)

06/23/2022 Introduced in the House by Representative Stefanik

06/23/2021 Referred to the House Committees on Homeland Security, Ways
and Means, and on the Judiciary

**LEGISLATIVE FLOOR CALENDAR**The U.S. Senate will not be in session the
week of Monday, June 28, 2021.

The U.S. House will be in session from Monday, June 28, 2021 to
Thursday, July 1, 2021.

**UPCOMING HEARINGS AND MARKUPS**There are no 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****

****Senate Budget Proposal Includes Pathway to Status for Some
Undocumented Immigrants****According to a June 22 Los Angeles Times
report
,
Democrats are considering including immigration-related provisions in
upcoming infrastructure legislation. An outline of a 2021 budget
proposal drafted by Senate Budget Committee Democrats includes funding
for a pathway to permanent status for Dreamers, Temporary Protected
Status (TPS) holders, farmworkers, essential workers, and other
undocumented immigrants currently living in the U.S. The document,
backed by Budget Committee Chairman Bernie Sanders (I-Vermont),
reportedly

would set aside $150 billion for immigration provisions addressing
legalization and certain border security provisions. Senator Sanders
said the committee is still determining the specifics of the plan,
including which groups would qualify for the path to legal status.

The budget proposal is the first step towards setting up a
Democratic-sponsored reconciliation package, which would allow Democrats
to avoid the Senate filibuster and pass legislation with a simple
majority. Some Democrats have previously floated

including immigration reforms in the package as a way to pay for
infrastructure improvements.

****U.S. Planning to Evacuate Afghan Allies Prior to Troop
Withdrawal****On June 23, Biden administration officials announced

their intention to begin relocating thousands of Afghan interpreters,
contractors, and other allies who have assisted U.S. efforts and who may
be under threat as troop withdrawal in the country continues. Most of
these Afghan allies are eligible for a Special Immigrant Visa (SIV), but
approximately 18,000 applicants - as well as their families -
remain stuck in the backlog, which was only exacerbated when the U.S.
embassy in Kabul halted processing

amid an outbreak of COVID-19.

The June 23 announcement stated that the Afghan allies in the SIV
backlog would not be immediately evacuated to the U.S. but relocated to
third countries for visa processing. The announcement did not specify
details of the relocation, including where the individuals would be
taken, when they would be evacuated, or how many would qualify.

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 the U.S. On June 24, Senator John Kennedy
(R-Louisiana) attempted to hotline a bill

that would require the administration to create an evacuation plan and
submit it to Congress within 30 days. The effort was blocked on the
Senate floor by Senator Rand Paul (R-Kentucky), who said
the U.S. should not
protect Afghan allies and that these "most westernized" individuals who
assisted U.S. troops should instead "stay and fight" as the U.S.
withdraws. According to a June 23 Wall Street Journal report
,
U.S. intelligence officials currently estimate that the Afghan
government could fall to the Taliban as soon as six months after
American troops leave.

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.

****Vice President Harris Visits Border as Texas Lawmakers Call for
Solutions****On June 25, Vice President Kamala Harris visited
the southern border

as part of her ongoing diplomatic efforts to address increases in
migration at the border. Harris visited El Paso, Texas at the invitation
of Representative Veronica Escobar (D-Texas), and traveled with DHS
Secretary Alejandro Mayorkas and Senate Judiciary Committee Chairman
Dick Durbin (D-Illinois).

Harris reportedly

spoke with Customs and Border Protection officers and took particular
interest in the technology used to process migrants as they arrive.
During the trip, she said

that most migrants, "don't want to leave home and when they do it's
usually because they are fleeing some kind of harm or they cannot take
care of the simple and basic needs of their family."

The visit followed criticism from conservatives that the Vice President
had not visited the border in person in 2021. On June 30,
former President Trump announced plans to visit the border with several
House Republicans and Governor Greg Abbott (R-Texas).

****U.S. to Reopen Cases for Asylum Seekers Rejected Under Migrant
Protection Protocols****On June 22, the Department of Homeland Security
said

it would expand the number of asylum seekers eligible to be processed
into the U.S. who had been returned to Mexico under the Trump-era
Migrant Protection Protocols (MPP). On February 19, the administration
had set up a process to allow approximately 25,000 individuals who had
been subject to MPP back into the U.S. for their pending cases in U.S.
immigration court. The new announcement expanded eligibility to those
who had their asylum cases terminated while they were waiting in Mexico,
potentially benefiting

an additional 34,528 migrants.

Under MPP, which was also known as "remain in Mexico," more than 70,000
migrants seeking asylum at the border were returned to Mexico to wait
for the duration of their asylum proceedings. A regularly updated Human
Rights First report

has documented over 1,500 instances of publicly reported murder, rape,
kidnapping, and other violent assaults experienced by those forced to
wait in MPP. Asylum seekers in MPP also faced additional challenges
proceeding with their immigration court cases, with just 7.5%
able to access legal
assistance and a lack of clarity about how and where to appear for their
court dates. Less than 2%
of all applicants
ultimately received some form of protection in the U.S. while MPP was in
place, far below the average success of asylum claims made from within
the interior. Approximately 81%
of individuals who had
their cases rejected were

**in absentia**removals because they were unable to appear for at least
one of their court dates.

The June 22 policy would allow applicants to reopen those terminated
cases and return to the U.S. under the process already in place for
those with pending cases. That process has already resulted in the
admittance

of more than 11,000 asylum seekers at various ports of entry along the
border. The administration has worked with the  Mexican government, the
United Nations High Commissioner for Refugees (UNHCR), and other
international organizations to process the asylum seekers and test for
COVID-19 prior to entry into the U.S.

According to a June 20 Axios report
,
the administration is also planning to stop immediately expelling
arriving migrant families under a pandemic-era Centers for Disease
Control and Prevention rule

called Title 42. The administration plans to end the use of Title 42 for
families by July 31, although it has already begun phasing out the
procedure for all arriving migrants other than single adults. Only 20%
of
migrant families were returned under Title 42 in May. According to a
June 24 report, the administration is considering

ending the use of Title 42 entirely by the end of the summer.

****Poor Conditions Reported for Unaccompanied Children Held in
Emergency Facilities****On June 21, testimony from 17 migrant children
revealed poor living conditions and standards of care at emergency
shelters run by the Department of Health and Human Services (HHS).
Their testimonials
-filed
amid an ongoing legal case-described spoiled food, the absence of
clean clothes, limited shower access, lack of access to legal counsel,
depression, and overcrowding at certain HHS facilities for unaccompanied
minors. Some of the children who provided testimony had been held in the
shelters for over two months.

On June 23, an investigation
 from the BBC shed
additional light specifically on the conditions at the Fort Bliss
emergency shelter in El Paso, Texas. The BBC report documents
allegations of sexual abuse, outbreaks of COVID-19 and lice, and
children waiting hours for needed medical attention.

The HHS emergency shelters were hastily erected in March and April as an
increasing number of arriving unaccompanied children were getting backed
up in Customs and Border Protection (CBP) holding cells for prolonged
periods. HHS is currently operating 13 emergency facilities

across the country, which are not state-licensed and do not meet the
same standards of care and oversight as licensed Office of Refugee
Resettlement (ORR) shelters.

While the total number of arriving unaccompanied children declined in
April and May, recent data indicates an increasing number of children
are arriving at the border. As of June 23
,
1,041 children were in CBP holding cells, and 14,894 were in HHS
custody, including both licensed shelters and emergency sites.

****Legal****

****Federal Court Strikes Down Trump-Era Change to EB-5 Visa
Program****On June 22, a federal court in California struck down

a rule established by the Trump administration relating to the EB-5
investor visa program. The rule, implemented by DHS in 2019, raised the
minimum investment amount required for investors to receive EB-5 visas
from $500,000 to $900,000 and limited the kinds of investments that
would qualify. The judge found

that the rule was invalid because then-acting Secretary of DHS Kevin
McAleenan was improperly appointed.

The EB-5 visa pilot program provides green cards to foreigners who agree
to invest in U.S. real estate developments or other businesses that
create jobs. The EB-5 program is set to expire at the end of June, and
lawmakers are currently considering legislation

that would reform and reimplement the program.

****Nominations and Personnel****

****Senate Judiciary Committee Advances Nomination of Ur Jaddou to Lead
USCIS****On June 24, the Senate Judiciary Committee advanced

Ur Jaddou, President Biden's choice for the director of U.S.
Citizenship and Immigration Services (USCIS), in a 11-10 vote. The
committee voted along party lines to bring Jaddou closer to a
confirmation vote on the Senate floor. Senator Thom Tillis (R-North
Carolina) abstained.

Jaddou served as USCIS chief counsel during the Obama administration and
previously had positions on Capitol Hill and in the State Department. If
confirmed, she has indicated she would work on addressing USCIS's many
challenges, including reducing lengthy visa and naturalization backlogs

and budgetary issues that led to furloughs in the summer of 2020.

****U.S. Border Patrol Chief Rodney Scott Steps Down at Request of Biden
Administration****On June 23, U.S. Border Patrol Chief Rodney Scott
announced

he would be stepping down after the Biden administration told him he
would soon be reassigned. Scott said he would remain with the Border
Patrol for 60 days to oversee the transition to a new Border Patrol
Chief. Scott, a supporter and confidante of former President Donald
Trump, has held the position since February 2020 and was widely expected
to resign when President Biden assumed office in January.

Current Deputy Chief Raul Ortiz will replace

Scott in an acting capacity. Ortiz has served Border Patrol for 29 years
and served as chief patrol agent of the El Centro border sector and
deputy chief patrol agent of the San Diego border sector.

**GOVERNMENT REPORTS**There were no immigration-related government
reports published the week of June 21, 2021.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES****Explainer:
Emergency Shelters and Facilities Housing Unaccompanied Children**
This
explainer describes the different kinds of shelters and facilities that
are currently being used to house unaccompanied children (UACs). The
explainer documents the emergency facilities that have recently been
opened by the Biden administration to address the increase in UACs at
the border.

**Fact Sheet: Overview of the Special Immigrant Visa Programs**
This
resource provides an overview of the Special Immigrant Visa program,
which provides a pathway to status for Afghans who have assisted U.S.
efforts in Afghanistan and who face threats based on their association
with the U.S. military. The fact sheet describes the SIV application
process and eligibility requirements.

**Bill Analysis: The Bipartisan Border Solutions Act**
The
bill would respond to increases in arriving migrants by creating
regional border processing centers, expediting the asylum process,
improving access to legal services, and providing additional resources
and personnel for border processing.

* * *

*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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