Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday, July
23, 2021 is now posted.

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

All the best,

Arturo 

**LEGISLATIVE BULLETIN - Friday, July 23, 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. 2331

**Securing the Homeland from International Entrants with
Life-threatening Diseases (SHIELD) Act**

The bill would codify a Centers for Disease Control and Prevention (CDC)
public health order under Title 42, which requires U.S. border officials
to remove undocumented immigrants to prevent the spread of COVID-19. The
bill is a companion to H.R. 4416
.

Sponsored by Senator Ted Cruz (R-Texas) (10

cosponsors- 10 Republicans, o Democrats)

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

07/13/2021 Referred to the Senate Committee on the Judiciary

S. 2392

**Revealing and Explaining Visa Exclusions for Accountability and
Legitimacy (REVEAL) Act**

The bill would enable the Secretary of State to publish the names of
individuals who have been barred from entry into the United States due
to human rights abuses and corruption. The bill is a companion to

H.R. 4557
.Sponsored
by Senator Benjamin L. Cardin (D-Maryland) (1
cosponsor- 1
Republican, o Democrats)

07/20/2021 Introduced in the Senate by Senator Cardin

07/20/2021 Referred to the Senate Committee on the Judiciary

S.2443

**A bill to expand the definition of H-2A nonimmigrant for purposes of
the Immigration and Nationality Act to include aliens engaged in seafood
processing, horticultural commodities, or the care of horses.**

Sponsored by Senator Lindsay Graham (R-South Carolina) (1

cosponsor- 1 Democrat, o Republicans)

07/22/2021 Introduced in the Senate by Senator Graham

07/22/2021 Referred to the Senate Committee on the Judiciary

H.R. 4477

**Grant Residency for Additional Doctors (GRAD) Act of 2021**

The bill would direct the Department of State to establish a dedicated
staff position within the department to process J-1 visa applications
during times of increased demand. It would also provide training to
relevant foreign service and consular officers charged with reviewing
these visa applications to recognize the domestic need for such
positions and work to eliminate any bureaucratic hurdles to processing.

Sponsored by Representative Grace Meng (D-New York) (2

cosponsors - 1 Republican, 1 Democrat)

07/16/2021 Introduced in the House by Representative Meng

07/16/2021 Referred to the House Committee on the Judiciary and the
Committee on Foreign Affairs

H.R. 4522

**To provide for the admission of certain sons and daughters of citizens
of the United States, which citizens served on active duty in the Armed
Forces of the United States abroad**

Sponsored by Representative Ron Kind (D-Wisconsin) (1

cosponsor - 1 Republican, 0 Democrats)

07/19/2021 Introduced in the House by Representative Kind

07/19/2021 Referred to the House Committee on the Judiciary

H.R. 4562

**To sanction the parents and guardians of unaccompanied alien minors**

Sponsored by Representative Lance Gooden (R-Texas) (6

cosponsors - 6 Republicans, 0 Democrats)

07/20/2021 Introduced in the House by Representative Gooden

07/20/2021 Referred to the House Committee on the Judiciary

H.R. 4578

**To expand the H-2B visa program**

Sponsored by Representative Tom Rice (R-South Carolina) (0

cosponsors)

07/20/2021 Introduced in the House by Representative Rice

07/20/2021 Referred to the House Committee on the Judiciary

H.R. 4593

**Securing our Border States Act**

The bill would establish a block grant program called the "Empowering
States to Build the Wall Fund" that would allow border states to
continue constructing a barrier along their borders with Mexico. The
bill would give direct access to funding to Governors of southwest
border states who certify that they want funding for wall construction.

Sponsored by Representative Brian Babin (R-Texas) (16

cosponsors - 16 Republicans, 0 Democrats)

07/21/2021 Introduced in the House by Representative Babin

07/21/2021 Referred to the House Committee on Homeland Security and the
Committee on Oversight and Reform

H.R. 4630

**To prohibit the use of Federal funds for the airfare of aliens
unlawfully present in the United States**

Sponsored by Representative Madison Cawthorn (R-North Carolina) (6

cosponsors - 6 Republicans, 0 Democrats)

07/22/2021 Introduced in the House by Representative Cawthorn

07/22/2021 Referred to the House Committee on the Judiciary

H.R. 4643

**To prohibit the admission of aliens to the United States for 10 years,
and for other purposes.**

Sponsored by Representative Paul A. Gosar (R-Arizona) (0

cosponsors)

07/22/2021 Introduced in the House by Representative Gosar

07/22/2021 Referred to the House Committee on the Judiciary

H.R. 4644

**To eliminate the Optional Practical Training Program**

Sponsored by Representative Paul A. Gosar (R-Arizona) (3

cosponsors - 3 Republicans, 0 Democrats)

07/22/2021 Introduced in the House by Representative Gosar

07/22/2021 Referred to the House Committee on the Judiciary

H.R. 3985

**Averting Loss of Life and Injury by Expediting SIVs (ALLIES) Act**

The bill would expedite the Special Immigrant Visa (SIV) process for
thousands of Afghans who have assisted U.S. efforts and may be under
threat as troop withdrawal in the country continues. The bill would also
increase the number of SIVs available from 11,000 to 19,000, widen the
pool of eligible applicants, and remove certain requirements that impede
visa processing.

Sponsored by Representative Jason Crow (D-Colorado) (140 cosponsors -
36 Republicans, 104 Democrats)

06/17/2021 Introduced in the House by Representative Crow

06/17/2021 Referred to the House Committee on the Judiciary

07/22/2021 Passed the House by a vote

of 407 to 16

**LEGISLATIVE FLOOR CALENDAR**The U.S. Senate and the U.S. House of
Representatives will be in session the week of Monday, July 26, 2021.

UPCOMING HEARINGS AND MARKUPS**Business meeting to consider the
nomination of Ed Gonzalez to be an Assistant Secretary of Homeland
Security**

**Date:**  Wednesday, July 28, 2021 at 09:30 am E.T. (Senate Committee
on Homeland Security and Governmental Affairs)

**Location:** Dirksen Senate Office Building Room SD-342, Washington,
D.C.

**Witnesses:**TBA

**Hearing to examine the nomination of Kenneth Lee Salazar to be
Ambassador to Mexico**

**Date:**  Wednesday, July 28, 2021 at 10:00 am E.T. (Senate Committee
on Foreign Relations)

**Location:** G50/VTC Dirksen Senate Office Building, Washington, D.C.

**Witnesses:**TBA

**DHS's Efforts to Disrupt Transnational Criminal Organizations in
Central America**

**Date:**  Wednesday, July 28, 2021 at 02:00 pm E.T. (House Committee
on Homeland Security; Subcommittee on Oversight, Management, and
Accountability)

**Location:**310 Cannon House Office Building, Washington, D.C.

**Witnesses:**

Francis J. Russo, Acting Deputy Executive Assistant Commissioner,
Operations Support, Customs and Border Protection, U.S. Department of
Homeland Security

John A. Condon, Assistant Director, International Operations, Homeland
Security Investigations, Immigration and Customs Enforcement, U.S.
Department of Homeland Security

**THEMES IN WASHINGTON THIS WEEK**Federal

****Biden Administration Will Appeal DACA Ruling, Urges Congress to
Act****On July 17, one day after Judge Hanen ruled

that the Deferred Action for Childhood Arrivals (DACA) program is
illegal, President Joe Biden expressed deep disappointment with the
ruling. He announced

that the Department of Justice will appeal the decision and that the
Department of Homeland Security will issue a proposed rule concerning
DACA. He expressed, however, that regardless of the Administration's
efforts, "only Congress can ensure a permanent solution by granting a
path to citizenship for Dreamers that will provide the certainty and
stability that these young people need and deserve."

The Department of Justice will appeal to the Fifth Circuit Court of
Appeals in a case that could eventually reach the Supreme Court. In a
2015 ruling on a different, Obama administration deferred action
program
 that
would have protected the parents of U.S. citizens and lawful permanent
residents (DAPA), the Fifth Circuit affirmed

Hanen's decision to vacate the memorandum which had created the program.
In that case, the Supreme Court split

along ideological lines, with four conservative justices ruling against
DAPA and four liberal justices arguing in favor. Two conservative
justices have joined the Court since then.

On July 22, Vice President Kamala Harris met with eleven DACA recipients
to reiterate the Administration's promise to keep fighting for a pathway
to citizenship for Dreamers. In the meeting, Vice President Harris told

the Dreamers that, "We recognize you for the Americans that you are, and
you deserve all the rights that come with American citizenship... This
is your home. We see you, and you are not alone."

DACA is a policy that for nine years has provided protection from
deportation and work authorization to over 650,000 unauthorized
immigrants who were brought to the U.S. as children.

****Legislation to Expedite Visas for Afghan Allies Passes House as
Administration Announces More Details on Evacuation of SIV
Applicants****On July 22, the House of Representatives voted

407 to 16 to pass legislation that would expedite the Special
Immigrant Visa (SIV) process for thousands of Afghans who have assisted
U.S. efforts and may be under threat as troop withdrawal in the country
continues. The Averting Loss of Life and Injury by Expediting SIVs
(ALLIES) Act would increase the number of SIVs available from 11,000 to
19,000, widen the pool of eligible applicants, and remove certain
requirements that impede visa processing. Approximately 18,000
applicants-and their families-remain stuck in the SIV backlog, which
can take over three years from start to finish.

A few days before, on July 19, the Biden Administration announced

plans to relocate 2,500 Afghan SIV applicants to a military base in
Virginia as the U.S. moves closer to completing its military drawdown in
Afghanistan. In addition to the Afghans headed to Virginia, Qatari
officials agreed to allow thousands of SIV applicants to live
temporarily at the al-Udeid airbase in Qatar
.
U.S. officials also stated that diplomatic negotiations had advanced
with Kuwait

to relocate SIV applicants in that country temporarily.

The relocation plans are part of Operation Allies Refuge
,
a program designed by the Biden Administration to process SIV visas in a
timely and safe manner for applicants who face significant risks in
Afghanistan and wish to continue their visa processes elsewhere. A U.S.
Department of State representative said

that, "these are brave Afghans whose service to the United States has
been certified by the embassy in Kabul and who have completed thorough
SIV security vetting processes."

****Senate Democrats' Consider Including Border Security Provisions in
Budget Reconciliation Plan****According to a July 22 Axios report
,
Senate Democrats are considering including provisions related to border
security and infrastructure for migrant processing in their budget
reconciliation plan. The $3.5 trillion plan, which would allow Democrats
and the Biden administration to avoid a Senate filibuster and pass
legislation with a simple majority, could include

as much as $10 billion for security and infrastructure improvements at
land ports of entry and in sectors with high cross-border traffic.
Funding is also being considered for additional staff and improved
facilities to manage asylum claims at the border and in immigration
court.

The border security provisions would be in addition to significant
legalization provisions that several Senators have already confirmed are
included in the $3.5 trillion outline. On July 16, Senator Bob Menendez
said

that the current iteration of the outline includes $120 billion for a
pathway to citizenship for Dreamers, Temporary Protected Status (TPS)
holders, undocumented farmworkers, and other essential workers.

The plan remains in a preliminary stage, the legislative text has not
yet been drafted and a bipartisan infrastructure deal that Democratic
leadership intended to move in concert with budget reconciliation has
hit a number

of roadblocks
.
It is still unclear whether the budget plan itself will garner enough
support to move through the Senate, as it would likely need unanimous
support from Senate Democrats. Moderate Senators Joe Manchin (D-West
Virginia) and Kyrsten Sinema (D-Arizona) have expressed some concerns
about aspects of the proposed outline, although Manchin said he did
support the inclusion of immigration reforms in a potential
reconciliation package.

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.

On the inclusion of border security provisions, Senator Ben Ray Lujan
(D-New Mexico), a member of the Senate Budget Committee that was
responsible for drafting the budget outline, said

that, "I've consistently advocated for making smart, modern investments
when it comes to border security." On July 23, the Department of
Homeland Security (DHS) announced

it had cancelled two Trump-era border barrier contracts and called for
Congress to instead "fund smarter border security measures."

****Biden Administration Considers Delaying Its Planned Phaseout of
Title 42 Border Expulsions****This week, the Biden administration
indicated that it might delay

its plans to phase out the use of Title 42, a pandemic-era Center for
Disease Control and Prevention (CDC) rule which allows Customs and
Border Protection (CBP) to immediately expel almost everyone arriving at
the border, including those seeking humanitarian protection. According
to multiple reports, the Administration had been planning to exempt all
arriving family units from Title 42 beginning at the end of July, and
was considering rolling back the use of Title 42 entirely by the end of
the summer. However, the emergence of the COVID-19 delta variant, as
well as significant political pressure, are compelling the
Administration to rethink

lifting the order.

Since October 2020, over 750,000 migrants

have been turned away under the Title 42 policy, including the majority
of all border arrivals in June. Some immigrant advocates claim that
keeping the public health order in place jeopardizes many migrants'
safety, as they are forced to remain in camps across the southern
border. The White House has said

that it will continue to defer to the Centers for Disease Control and
Prevention (CDC) when deciding whether to lift Title 42. However, the
Administration is already exempting
all
unaccompanied children and most family units from Title 42 expulsions,
as well as most of those fleeing from certain countries such as Cuba and
Haiti.

Also, on July 21, the Biden administration extended its border
restrictions with Canada and Mexico for another month. The US-Canada and
US-Mexico borders will remain closed

to nonessential travel until August 21, per a recent update from the
Administration.

****Biden Administration Extends and Redesignates Somalia for Temporary
Protected Status (TPS)****On July 19, the Biden Administration extended
and redesignated Somalia

for Temporary Protected Status (TPS). The 18-month extension permits 447
current Somali TPS holders to retain their status through March 17, 2023
and offers protection for an estimated 100 additional Somali nationals
who have been residing in the United States since July 19, 2021.

DHS Secretary Alejandro Mayorkas said
 that
the renewal of TPS for Somalia was appropriate due to the country's
ongoing armed conflict, numerous humanitarian crises, natural disasters,
and the COVID-19 pandemic. Almost half

of the current population of Somalia needs some form of humanitarian
assistance. According to Mayorkas
,
with the extension of the TPS designation, "the United States will be
able to offer safety and protection to Somalis who may not be able to
return to their country."

****State and Local****

****Texas' Involvement in Federal Immigration Enforcement Raises Legal
Concerns****On July 21, Texas began arresting and jailing suspected
unauthorized border-crossers under charges of criminal trespassing. The
controversial enforcement strategy came after Governor Abbott issued

a disaster proclamation at the U.S.-Mexico border and introduced
"Operation Lone Star
,"
an effort to "combat the smuggling of drugs and people into Texas."

As of July 21, three migrants have been arrested by State Troopers and
taken to a state prison. Officials involved in the operation anticipate
law enforcement in the region will ramp up to as many as 200 arrests a
day by August.

Governor Abbott's disaster proclamation initially compelled all border
counties to participate in the program. The order, however, was revised
in June to offer optional participation. Texas counties that face the
majority of the states' cross-border traffic, including El Paso, Laredo,
and those in the Rio Grande Valley, have opted not to participate in the
effort. Officials in these counties asserted that the current rate of
border encounters is similar to past upswings and that neither their
budget nor crime rates have been significantly impacted.

The officials and civil rights advocates have also raised concerns

that arrests under the program may not be legal, noting that immigration
enforcement is the sole responsibility of the federal government.

****Nominations/Personnel****

****Senator Delays Confirmation Hearing for CBP Commissioner****On July
21, Senator Ron Wyden (D-Oregon) announced his intention to delay

Chief Chris Magnus's confirmation hearing to lead U.S. Customs and
Borders Protection (CBP). Senator Wyden, chairman of the Senate Finance
Committee-which oversees CBP confirmations-notified the White House
that he would stall the hearing until the Department of Homeland
Security (DHS) and the Department of Justice (DOJ) answer questions
related to the use of federal agents against protestors in Portland
following the murder of George Floyd.

After Senator Wyden's statement, DHS and DOJ officials said they are
working to provide the requested information, while White House
officials urged the Senate to proceed with Magnus's hearing. The delay
in the confirmation comes as CBP announced

that unauthorized border crossings in June reached the highest monthly
total in several years.

On July 21, a group of over 60 law enforcement leaders from across the
country called for the "quick confirmation" of Chief Magnus to lead CBP.
The letter, which was coordinated by Magnus' fellow members of the Law
Enforcement Immigration Task Force , stated that,
"Confirming Chief Magnus as Commissioner of Customs and Border
Protection is a wise choice for the country's security and treatment of
immigrants. Given the continuing humanitarian crisis at the border,
there is an urgent need for his leadership and expertise."

GOVERNMENT REPORTS

**Congressional Research Service (CRS):****Iraqi and Afghan Special
Immigrant Visa Programs** ;

**Updated June 21, 2021**This report is an overview of special immigrant
visas (SIVs) for Iraqi and Afghan nationals. SIVs allow eligible Iraqi
and Afghan citizens to become lawful permanent residents in the United
States. These visas are for those who worked as translators or were
otherwise employed for or on behalf of the U.S. government during
ongoing military efforts. The report also explains other factors for
eligibility for SIVs, the various visa programs, and the federal
assistance that SIV recipients can access.

**Congressional Research Service (CRS):****Primer on U.S. Immigration
Policy** ;

**Updated July 1, 2021**This report is a primer on U.S. immigration
policy, explaining where the authority for immigration policies
originates and the factors impacting major aspects of immigration
policy. The two major types of immigration policy are those that manage
migration flows and admissions, and those that restrict entry or call
for the removal of particular persons from the country. This report
explains processes for both temporary and permanent admission, and
describes how immigration policies are enforced by the government.

**Department of Homeland Security Office of the Inspector
General:****Violations of ICE Detention Standards at Adams County
Correctional Center**

**;**

**July 14, 2021**During a routine inspection at the Adams County
Correctional Center, the Office of the Inspector General (OIG) found
various violations of Immigration and Customs Enforcement (ICE)
detention standards. These violations related to medical care and
addressing detainee requests and threatened the health and safety of
detainees. In one case, facility staff did not send a sick detainee to
the hospital for urgent care, and the detainee died. OIG also found that
facility staff did not properly document medical check-ups or
complaints. Additionally, staff at Adams did not meet standards related
to classification, grievance, and segregation.

**Department of Homeland Security Office of the Inspector General
(OIG):****CBP Generally Provided Accurate Notices to Appear to Migrant
Protection Protocols Enrollees, but Could Improve Procedures to Reduce
Future Errors**
;

**July 14, 2021**When the Migrant Protection Protocols (MPP) were issued
in January 2019 by the Trump administration, the Department of Homeland
Security (DHS) began automatically returning some migrants back to
Mexico to await their hearings. The Office of the Inspector General
(OIG) published this report on the efficacy of DHS's procedures to
notify those enrolled in MPP of their hearings. OIG found that in 20 out
of 106 cases sampled, DHS had sent migrants inaccurate notices to
appear. In these cases, when a legally insufficient notice to appear is
served and a migrant fails to appear for the hearing, the removal case
cannot be prosecuted.

**Government Accountability Office (GAO):** **Immigration Enforcement:
Actions Needed to Better Track Cases Involving U.S. Citizenship
Investigations**

**; July 20, 2021**The Government Accountability Office (GAO) reviewed
Immigration and Customs Enforcement's (ICE) and Customs and Border
Protection's (CBP) policies for investigating an individual's
citizenship and found that these agencies' guidance has been
inconsistent. ICE policy does not require officers to update citizenship
status on an individual's investigation documents, even if they have
received evidence that someone is a U.S citizen. As a result, some U.S.
citizens have claimed that ICE mistakenly detained or removed them.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES****Explainer: Judge
Hanen's DACA Ruling**
This
explainer breaks down the July 16 decision from Judge Hanen, who 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 "illegal."

**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: 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.

* * *

*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.

 

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