Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday, July
16, 2021 is now posted.

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

[link removed]

All the best,

Arturo 

**LEGISLATIVE BULLETIN - Friday, July 16, 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. 2311

**Emergency Security Supplemental to Respond to January 6th
Appropriations Act, 2021**

This supplemental spending bill includes a number of provisions related
to security needs at the Capitol and around the U.S. Concerning
immigration, it would increase the number of authorized Afghan special
immigrant visas (SIVs) from 26,500 to 46,500. It would also reduce the
employment requirement for eligibility for an SIV visa from two years to
one year. The bill would also postpone the required medical exam until
the applicant reaches the United States, and it would provide SIV status
for family members of applicants who have been killed.

Sponsored by Senator Patrick Leahy (D-Vermont) (0

cosponsors)

07/13/2021 Introduced in the Senate by Senator Leahy

07/13/2021 Placed on the Senate Legislative Calendar under General
Orders

H.R. 4391

**Responsibility for Unaccompanied Minors Act**

The bill would provide additional protections for unaccompanied migrant
children (UACs). It would clarify the responsibilities of the Department
of Health and Human Services (HHS) with regards to unaccompanied
children. The bill would also make the Office of Refugee Resettlement
responsible for continuing to oversee the care of UACs even after their
placement with a sponsoring family. The bill is a companion to S. 772
.

Sponsored by Representative Mariannette Miller-Meeks (R-Iowa) (5

cosponsors - 4 Republicans, 1 Democrat)

07/09/2021 Introduced in the House by Representative Miller-Meeks

07/09/2021 Referred to the House Committee on the Judiciary

H.R.4431

**A bill making appropriations for the Department of Homeland Security
for the fiscal year ending September 30, 2022.**

The bill would provide funding for the Department of Homeland Security
(DHS) for Fiscal Year (FY) 2022. It would allocate $111.8 million for
border security technology, $345 million for USCIS to alleviate the
backlogs of asylum applications, $100 million for a new, non-custodial
shelter grant program for immigrant families, $655 million for land
ports of entry construction and modernization, and $475 million for
alternatives to detention and case management services of immigrants.

Sponsored by Representative Lucille Roybal-Allard (D-California) (0

cosponsors)

07/15/2021 Introduced in the House by Representative Roybal-Allard

07/15/2021 Referred to the House Committee on Appropriations

LEGISLATIVE FLOOR CALENDARThe U.S. Senate will be in session the week of
Monday, July 19, 2021.

The U.S. House of Representatives will be in session from Monday, July
19, 2021 to Thursday, July 22, 2021.

UPCOMING HEARINGS AND MARKUPS**Immigrant Farmworkers are Essential to
Feeding America**

**Date:**  Wednesday, July 21, 2021 at 10:00 am E.T. (Senate Committee
on the Judiciary)

**Location:** 226 Dirksen Senate Office Building

**Witnesses:**TBD

THEMES IN WASHINGTON THIS WEEK

****Legal****

******Judge Hanen Rules that DACA Is Unlawful and Halts New
Applications, but Stops Short of Ending Protections of Current
Recipients******On July 16, U.S. District Judge Andrew Hanen ruled
 that
Deferred Action for Childhood Arrivals (DACA
)
―a policy that allows undocumented immigrants who were brought into
the U.S. as children to stay in the country―is unlawful. The ruling
notes that while the Department of Homeland Security (DHS) may continue
to accept new DACA applications, it is enjoined from approving them.

While finding DACA to be unlawful, Hanen stayed the portion of his
decision that would halt DACA protections for current recipients. He
highlighted that his decision does not affect the status of current DACA
recipients and does not require DHS or the Department of Justice to take
any immigration, deportation, or criminal action against any DACA
recipient or applicant. However, the decision notes that if the federal
government fails to take appropriate steps to remedy the program's
legal shortcomings in a reasonable timeframe, Hanen may revisit the
stay, which would result in the termination of work authorization and
protection from deportation for current recipients.

In March, DHS Secretary Alejandro Mayorkas announced

that the agency would be undertaking formal notice and comment
rulemaking "to preserve and fortify" DACA, consistent with a January
presidential memorandum

from President Biden. It is thought that putting DACA through formal
rulemaking would address a significant legal objection raised by critics
of the program's legality.

Judge Hanen had previously indicated
 that
he may be inclined to strike down the program. In 2015, he halted
 a
different Obama administration deferred action program
 that
would have protected the parents of U.S. citizens and lawful permanent
residents.

DACA provides protection from deportation and work authorization to over
600,000 unauthorized immigrants who were brought to the U.S. as
children. The lawsuit challenging the legality of DACA was brought by a
group of Republican-led states, led by Texas.

******U.S. Attorney General Reinstates Administrative Closure for
Immigration Judges******On July 15, U.S. Attorney General Merrick
Garland issued a decision
stating that
Immigration Judges (IJ) and the Board of Immigration Appeals (BIA) have
the authority to administratively close immigration cases pending before
them. Garland's decision overturns the decision in

**Matter of Castro Tum**, which was issued in 2018 by former attorney
general Jeff Sessions.

Administrative closure is a practice used by immigration judges to
temporarily remove cases from their dockets and delay removal
proceedings. Before Sessions' 2018 opinion, administrative closure was
a common practice used by immigration judges to better manage their
dockets, particularly when a case involved an individual who was
eligible for protection from deportation or who otherwise may have had a
valid claim to legal status. For example, administrative closure was
often used for those in the process of applying for Deferred Action for
Childhood Arrivals (DACA) or who may have been eligible for a green card
through marriage.

Garland's decision concerned the case

of a Mexican national eligible to apply for legal status, whose 2018
motion to administratively close his deportation case was denied in
light of

**Castro-Tum**. Garland reversed that decision and remanded the case for
further proceedings.

****Federal****

******U.S. to Start Evacuating Afghan SIV Applicants in Late
July******On July 14, the White House announced

that the U.S. will begin relocating Afghan interpreters, contractors,
and other allies who have assisted U.S. efforts and may be under threat
from the Taliban as the U.S. completes troop withdrawal from the
country. Most of these individuals are eligible for U.S. Special
Immigrant Visas (SIV), but approximately 18,000 applicants and their
families remain stuck in the backlog. According to the announcement, the
evacuation mission will be called Operation Allies Refuge

and will start the final week of July. It is expected to finish before
the complete withdrawal of U.S. troops at the end of August.

Even though the official number and planned destination of the evacuees
was not disclosed, a senior Pentagon official

speaking on condition of anonymity said that as many as 70,000 people
would be evacuated to a U.S. territory (possibly Guam) and one or more
third countries (possibly Uzbekistan and Tajikistan).

During the announcement of the operation, the White House recognized

the value and role of Afghan allies over the last several years and
reiterated that they will continue working to assist Afghan SIV
applicants who wish to continue their visa processes outside of
Afghanistan.

******Senate Democrats' $3.5 Trillion Budget Reconciliation Plan
Includes Immigration Reforms******On July 13, Senate Democrats announced

they had come to an agreement on the outline of a $3.5 trillion budget
reconciliation package, with several Senators noting that they expect
immigration reforms will be included in the plan. The budget
reconciliation process would allow Democrats and the Biden
administration to avoid a Senate filibuster and pass legislation with a
simple majority. Senator Alex Padilla (D-California) said

that it was his "understanding and expectation" that the package
announced on July 13 includes a pathway to citizenship for Dreamers,
Temporary Protected Status (TPS) holders, farmworkers, and essential
workers. The plan is also likely to include

funding for border security reforms.

The plan remains a blueprint, legislative text has not yet been drafted
and Senate Majority Leader Chuck Schumer has stressed that this is still
the beginning of a long road towards potential passage. While the bill
can pass with a simple majority, it would likely need unanimous support
from Senate Democrats. On July 14, key moderate Senator Joe Manchin
(D-West Virginia) said

that he supported the inclusion of immigration reforms in a potential
reconciliation package, although he signaled his opposition

to other aspects of the expansive plan.

Another challenge facing the plan's proponents is the Byrd Rule, a
requirement that budget reconciliation bills must only include
provisions that affect government spending or revenues. It remains
uncertain

whether the Senate Parliamentarian will rule that immigration-related
provisions are appropriately related to spending or revenues and will be
allowed into a final package.

The $3.5 trillion outline was whittled down

from a $6 trillion outline initially drafted by Senate Budget Committee
Democrats in June. President Biden and Democratic leadership plan to
move budget reconciliation in concert

with a bipartisan infrastructure deal, although discussions on that
agreement have recently stalled
.

******CBP Report Shows Border Arrivals Rose in June to Highest Monthly
Total in At Least a Decade******On July 16, U.S. Customs and Border
Protection (CBP) reported

that unauthorized border crossings in June rose to 188,829 from 180,034
in May. Arrivals have been increasing for over a year since they
cratered in May 2020 at the start of the COVID-19 pandemic. In the
spring of 2021, sharp increases in border encounters in February and
March were followed by a relative plateau in April and May. The CBP
report shows that arriving families and unaccompanied children accounted
for the entirety of the June increase, with individuals in family units
rising

to 55,805 from 44,639 in May, and arriving unaccompanied children rising
to 15,253 from 14,158. This signals a change from previous months, which
saw a marked increase in single adults accompanied by a decline in
unaccompanied children and individuals in family units.

According to a DHS official, the June arrival numbers are the highest in
at least a decade
.
However, those overall numbers remain inflated due to a high number of
repeat crossers, with recidivism rates reportedly at 34%
.
According to a July 11 report
,
one migrant from Mexico believes he has made 30 separate attempts to
cross.

Since May 2020, a majority of all migrants arriving at the border -
even those seeking humanitarian protection - have been sent back
immediately under a pandemic-era Centers for Disease Control and
Prevention (CDC) rule called Title 42. Reports suggest the
administration plans to end the use of the protocol by the end of the
summer, despite opposition

from prominent Republicans. Unaccompanied children and some vulnerable
family units have already been exempted from Title 42 and allowed into
the country to pursue their asylum claims, and it is likely the
administration will gradually expand

those exemptions rather than end use of the protocol all at once.

While the rate of exemptions to Title 42 rose

only slightly in June, new guidelines rolling back the protocol are
continuing to result in a more orderly process overall. Asylum seekers
presenting themselves to the Office of Fields Operation at ports of
entry rose 30% in June, while migrants apprehended by Border Patrol
between ports of entry rose just 3.5%.

In addition to rolling back Title 42, the White House is also planning
to continue to provide relief to vulnerable asylum seekers who were
caught up in a variety of Trump administration asylum restrictions.
According to a July 14 report
,
the Biden administration will allow some asylum seekers who were sent to
Guatemala under a Trump-era agreement back into the U.S. to pursue their
claims. In 2019 and 2020, 945 asylum seekers were sent from the U.S. to
Guatemala to apply for asylum under a deal known as an Asylum
Cooperative Agreement, but the Northern Triangle country did not have
the infrastructure in place to protect them or adjudicate their claims.
Of the 945 who were sent to Guatemala, zero

individuals have thus far been granted asylum.

******Biden Administration Warns Cubans and Haitians Against Fleeing to
U.S. By Sea Amid Unrest******On July 13, the Biden Administration
announced

that asylum seekers from Haiti and Cuba who attempt to enter the United
States by boat will not be allowed to enter. The announcement came
amidst growing political turmoil in both Caribbean nations. The
situation in Haiti has deteriorated in recent weeks after the
assassination

of the country's president. Meanwhile, Cuba faces widespread protests
throughout the island, as citizens call for the end of the 62-year-old

political regime.

The number of Cuban and Haitian immigrants intercepted at sea is on the
rise. This year to date 470 Cubans and 313 Haitians have been stopped by
the U.S. Coast Guard, while in 2020, only 49 Cubans and 430 Haitians
were encountered. The vast majority of Cuban and Haitian immigrants,
however, are not arriving by sea but are apprehended at the U.S.-Mexico
border. 2,800 Haitians and 2,600 Cubans were encountered at the border
in May alone. 10,000

Haitian refugees are believed to be stuck at the border, unable to
pursue asylum in the U.S. due to the threat of immediate expulsion under
a protocol called Title 42.

DHS Secretary Alejandro Mayorkas warned

that "the time is never right to attempt migration by sea. If you take
to the sea, you will not come to the United States." The announcement
does not represent a shift in policy. The U.S. has returned the majority
of migrants encountered at sea for decades, allowing a limited number to
make asylum claims for subsequent placement in third countries such as
Australia.

******Biden Administration Assigns More Staff to Reduce DACA Application
Backlog******On July 13, U.S. Citizenship and Immigration Services
(USCIS) announced that it would assign

more immigration officers to review applications for Deferred Action for
Childhood Arrivals (DACA), which protects certain immigrants who arrived
in the country as children from deportation and provides them with
temporary work authorization. The announcement came in response to a
soaring backlog of applications that has piled up amid processing delays
during the COVID-19 pandemic. According to USCIS
,
as of May 31, only 1,900 of the 62,000 first-time DACA submissions had
been adjudicated. By the end of June, the backlog of pending first-time
applications jumped to over 81,000 petitions, a 48% increase from late
March.

USCIS's interim director stated

that "several factors have caused some DACA requests to be processed
outside our stated processing time goals, including unexpected technical
issues, training or retaining time, and delays for biometrics
appointments." In addition to utilizing the new personnel, USCIS will
also conduct a public awareness campaign to educate DACA applicants
about how to reduce the processing time of their applications and how to
renew their work permits and deportation deferrals. The agency has also
fixed a technical problem that was delaying the validation of DACA
registration numbers issued by the federal government.

******ICE is Using Driver's License Data to Gain Intel on Undocumented
Immigrants******On July 13, a new report

from the Center for Public Integrity revealed that motor vehicle
agencies in at least seven states - each of which allows undocumented
immigrants to obtain driver's licenses - have shared immigrants'
personal information to U.S. Immigration and Customs and Enforcement
(ICE) since January 2020. The report highlights that ICE agents request
the motor vehicle agencies to run facial recognition searches to match a
provided photo. On other occasions, ICE agents seek individuals'
addresses and driving records.

The report outlines the policies of each of the sixteen states, plus
Washington, D.C., and Puerto Rico, that allow undocumented immigrants to
receive driver's licenses. From that pool, only four states (New
Jersey, New Mexico, Virginia, and Washington) require

ICE agents to provide proof of a criminal investigation, such as a court
order or arrest warrant, before allowing the vehicular agency to hand
over data. In Oregon and Maryland, the agency has full access to law
enforcement databases and driving records without making a request. In
California and Hawaii, the motor vehicle departments cannot share
information with ICE for immigration enforcement purposes. In the rest
of the states, the policies and laws vary.

ICE's use of personal data for enforcement purposes has discouraged
undocumented immigrants from obtaining driver's licenses, according to
the report.

****Nominations/Personnel****

******Sheriff Ed Gonzalez Attends Confirmation Hearing to Serve as
Director of ICE******On July 15, the U.S. Senate Committee on Homeland
Security and Governmental Affairs held a confirmation hearing

for Harris County (Texas) Sheriff Ed Gonzalez to serve as the next U.S.
Immigration and Customs Enforcement (ICE) director.

Sheriff Gonzalez, a grandson of immigrants, pledged in his opening
remarks to uphold the highest principles of law enforcement. He stressed

that "the American dream relies upon the rule of law and a functioning
legal immigration system." During questioning from Committee members,
Gonzalez said he believed that unauthorized entry into the United States
should remain a crime. He also emphasized that ICE should prioritize
arrests of recent border crossers and serious criminals. "We should be
strategic and smart in our enforcement," he said.

Sheriff Gonzalez is a co-chair of the Law Enforcement Immigration Task
Force (LEITF), and his
nomination received support

from more than 60 law enforcement leaders.

GOVERNMENT REPORTS

**Congressional Research Service (CRS):** Reinstatement of Removal: An
Introduction ; July 8,
2021This explainer summarizes the statutory framework and implementation
of the Reinstatement of Removal process. It explains that Reinstatement
of Removal denies unauthorized immigrants the opportunity to apply for
any relief if they have re-entered the U.S. after previously being
removed. As a general rule, immigrants in removal proceedings have the
right to appear before an immigration judge and to appeal an adverse
decision. Immigrants who have returned after already being removed once,
however, do not have these rights and can be removed under the prior
order at any time after reentry.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES****Fact Sheet:
Deferred Action for Childhood Arrivals (DACA)**
This
resource provides information about the Deferred Action for Childhood
Arrivals (DACA) policy. It also describes how DACA recipients strengthen
the United States and why Dreamers are still in need of a permanent
solution.

**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 recent developments at the border.

**Fact Sheet: Overview of the Special Immigrant Visa Programs**
This
resource provides an overview of the Special Immigrant Visa (SIV)
programs, which provide 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. The fact sheet describes the SIV
application process and eligibility requirements.

* * *

*This Bulletin is not intended to be comprehensive. Please contact
Arturo Castellanos-Canales, 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.

 

DONATE

 

**Follow Us**

 

[link removed]
[link removed]
[link removed]
[link removed]

 

 

 

The

**Only in America** podcast brings you to the people behind our
nation's immigration debate.

 

Listen now on:

 

**iTunes**
,
**Stitcher**
,
**Spotify** ,
and **more.**

 

 

National Immigration Forum

10 G Street NE, Suite 500

Washington, DC 20002

www.immigrationforum.org

 

Unsubscribe from the Legislative Bulletin
or opt-out from all Forum emails.

 

                                               
           
_________________

Sent to [email protected]

Unsubscribe:
[link removed]

National Immigration Forum, 10 G St NE, Suite 500, Washington, D.C. 20002, United States