Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday, July
30, 2021 is now posted.

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

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All the best,

Arturo 

**LEGISLATIVE BULLETIN - Friday, July 30, 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 CONSIDEREDH.R. 4632

**Passport Backlog Elimination Act**

The bill would require the Secretary of State to submit a plan to
eliminate the backlog of passport applications due to the COVID-19
pandemic.

Sponsored by Gerald E. Connolly (D-Virginia) (8

cosponsors- 5 Democrats, 3 Republicans)

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

07/22/2021 Referred to the House Committee on Foreign Affairs

H.R. 4681

**Let Immigrants Kickstart Employment (LIKE) Act**

The bill would establish a new class of nonimmigrant visas for
entrepreneurs and essential employees affiliated with start-up entities.
The proposed three-year visa would be available for individuals who
possess an ownership interest in a start-up entity and play a central
role in its management or operations.

Sponsored by Representative Zoe Lofgren (D-California) (0

cosponsors)

07/26/2021 Introduced in the House by Representative Lofgren

07/26/2021 Referred to the House Committee on the Judiciary

H.R. 4717

**Global Migration Agreement Act and Stop Arming Human Rights Abusers
Act (SAHRAA)**

The bill would instruct the State Department and U.S. Ambassador to the
United Nations to take the lead on creating a binding international
migration agreement, and lays out the principles and rights on which
such an agreement should be based. The bill would also impose human
rights and humanitarian conditions on security cooperation with the
United States. The bill would establish red lines based on
internationally recognized gross violations of international human
rights and international humanitarian law.

Sponsored by Representative Ilhan Omar (D- Minnesota) (0

cosponsors)

07/27/2021 Introduced in the House by Representative Omar

07/27/2021 Referred to the House Committee on Foreign Affairs

H.R. 4760

**Criminal Alien Removal Clarification Act**

The bill would allow the Department of Justice and the Department of
Homeland Security to deport non-citizens convicted of a felony or two or
more misdemeanors.

Sponsored by Representative Paul A. Gosar (R-Arizona) (25

cosponsors­- 25 Republicans, 0 Democrats)

07/28/2021 Introduced in the House by Representative Gosar

07/28/2021 Referred to the House Committee on the Judiciary

H.R. 4796

**Empowering Law Enforcement Act**

The bill would grant state and local law enforcement inherent
immigration enforcement authority to investigate, identify, apprehend,
arrest, detain or transfer a migrant that has entered the U.S.
illegally.

Sponsored by Representative Earl L. "Buddy" Carter (R-Georgia) (10

cosponsors- 10 Republicans, 0 Democrats)

07/29/2021 Introduced in the House by Representative Carter

07/29/2021 Referred to the House Committee on the Judiciary

H.R. 4815

**Higher Education Dream Act**

The bill would prohibit institutions that receive federal funds from
refusing to admit, enroll, or grant in-state tuition benefits to
Dreamers who otherwise meet all qualifications. The bill would also
grant Dreamers access to federal financial aid to ensure that they can
afford and obtain higher education. Additionally, the bill would ban the
distribution of identifiable or sensitive information from Dreamers'
applications.

Sponsored by Representative Ruben Gallego (D-Arizona) (16 cosponsors-
16 Democrats, 0 Republicans)

07/29/2021 Introduced in the House by Representative Gallego

07/29/2021 Referred to the House Committee on the Judiciary and the
Committee on Education and Labor

H.R. 4848

**To amend the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 to repeal certain waiver authority relating to the
construction of new border barriers**

Sponsored by Representative Kathleen M. Rice (D-New York) (6

cosponsors- 6 Democrats, 0 Republicans)

07/29/2021 Introduced in the House by Representative Rice

07/29/2021 Referred to the House Committee on Homeland Security.

H.R. 4856

**Canadian Snowbird Visa Act**

The bill would extend from 182 to 240 days the amount of time that
Canadians, over the age of 50 who own or lease a home, can remain in the
United States.

Sponsored by Representative Elise M. Stefanik (R-New York) (10

cosponsors- 7 Republicans, 3 Democrats)

07/29/2021 Introduced in the House by Representative Stefanik

07/29/2021 Referred to the House Committee on the Judiciary

LEGISLATIVE FLOOR CALENDARThe U.S. Senate will be in session the week of
Monday, August 2, 2021.

The U.S. House of Representatives will not be in session the week of
Monday, August 2, 2021.

UPCOMING HEARINGS AND MARKUPS**Business Meeting to Consider the
Nomination of Ed Gonzalez to Be an Assistant Secretary of Homeland
Security**

**Date:**  Wednesday, August 4, 2021 at 10:30 am E.T. (Senate Committee
on Homeland Security and Governmental Affairs)

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

**Witnesses:**TBA

THEMES IN WASHINGTON THIS WEEK

****Federal****

****Democrats Prepare to Move Reconciliation Bill Following Progress on
Bipartisan Infrastructure Deal****On July 28, the Senate voted

to advance a $1 trillion bipartisan infrastructure package, which Senate
Democrats are hoping to move in tandem with a broader budget resolution
effort that may include significant immigration reforms. The vote to
take up the infrastructure deal passed 67 to 32 and was the result of
extensive negotiations between moderates in both parties. Significant
work remains to hammer out final text and get the deal over the
finishing line, but the vote keeps the Senate on track to debate and
then pass the bill in early August before an annual summer recess.
Senator Susan Collins (R-Maine) called

the deal a "vitally important first step."

Movement on the infrastructure package has led Democrats to advance a
separate, $3.5 trillion plan under budget reconciliation rules, which
would allow them to advance additional priorities with only a simple
majority. Among many other items, the reconciliation bill currently
would provide for

permanent protections for Dreamers, Temporary Protected Status (TPS)
holders, and other essential workers, including farmworkers, as well as
funding

for border security and infrastructure at ports of entry. Budget
reconciliation is a two-stage process

that consists first of a budget resolution that recommends spending and
revenue levels followed by a spending bill that provides specific policy
changes consistent with the budget resolution.

Senate Majority Leader Chuck Schumer (D-New York) said

that, "My goal remains to pass both a bipartisan infrastructure bill and
a budget resolution during this work period." According to Senator
Bernie Sanders (D-Vermont), the budget resolution could come to the
floor

as early as the week of August 2.

The reconciliation bill remains in a preliminary stage - its
legislative text has not yet been drafted, it needs to overcome
procedural hurdles
,
and it is still unclear whether it will garner enough support from
moderate Democrats
.

****Biden Administration Unveils**

**Immigration Plans to Secure the Border and Tackle Root Causes of
Migration****This week, the White House released plans detailing its
immigration strategy, including efforts to secure the border and address
root causes of migration from Central America.  On July 29, the White
House unveiled a report on its "Collaborative Migration Management
Strategy" (Migration Strategy

**)**, which focuses on strengthening cooperative efforts to manage
migration in North and Central America. Under the Migration Strategy,
the administration will seek to enhance humanitarian support and
regional protections for populations with acute needs. Also, on July 29,
Vice President Harris released a report

aimed at addressing the root causes of migration from Central America,
including combatting economic insecurity and inequality, tackling
corruption and violence, and promoting respect for human rights in the
region.

Previously, on July 27, the White House unveiled a 21-point immigration
plan

addressing ongoing challenges at the U.S. southern border. The border
blueprint outlines strategies to improve the management of the border,
process asylum applications fairly, and strengthen collaborative
migration management with regional partners, with the aim of achieving
an "orderly, secure, and well-managed border" while ensuring that
migrants are treated "fairly and humanely."

The release of the border blueprint document followed a July 26
announcement by the Department of Homeland Security (DHS) that it would
begin utilizing expedited removal

proceedings against undocumented immigrant families who do not express
fear of return to their home country when detained and are not able to
be expelled under 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.
Refugee advocacy groups were deeply critical

of the announcement, warning that the fast-track process is likely to
lead to the unlawful deportation of migrants with valid asylum claims.

****First Flight with Afghan SIV Applicants Lands in Virginia;
Supplemental Spending Bill Will Fund Their Protection****On July 30,
about 200

Afghan translators who helped American soldiers and diplomats in
Afghanistan landed in the U.S. to be housed at Fort Lee, in Virginia.
The relocation flight was part of Operation Allies Refuge
,
a program designed by the Biden Administration to process Afghans
seeking Special Immigrant Visas (SIVs) in a timely and safe manner as
they continue their visa processes outside of Afghanistan.

To fund the relocation of the thousands of Afghan SIV applicants, on
July 29, Senators from across the aisle voted 98-0

on a $2.1 billion supplemental security spending bill that will, in
part, be used for this purpose. The bill allocated approximately $1.1
billion to the evacuation, including $600 million to improve SIV
processing, $500 million for emergency transportation, and $25 million
for medical screening and long-term housing once the SIVs have arrived
in the United States.

The supplemental security spending bill complements the legislative
efforts of the House of Representatives. On July 22, the House passed
 the
Averting Loss of Life and Injury by Expediting SIVs (ALLIES) Act,
which 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. The ALLIES Act awaits
consideration in the Senate. Approximately 18,000 applicants-and their
families-remain in the SIV backlog, which can take more than three
years from start to finish.

****Biden Administration Extends and Redesignates Haiti for Temporary
Protected Status (TPS)****On July 30, the Biden Administration posted

for public inspection a Federal Register notice (FRN) extending and
redesignating Haiti for Temporary Protected Status (TPS). The 18-month
extension, effective August 3, will allow 55,000 current Haitian TPS
holders to retain their status through February 3, 2023 and offers
protection for an estimated 100,000 additional Haitian nationals who are
currently residing in the United States as of July 29, 2021.

DHS Secretary Alejandro Mayorkas said that the renewal of TPS for Haiti
was appropriate

in light of recent events in the country, including the July
assassination of President Jovenel Moïse, numerous humanitarian crises,
and the COVID-19 pandemic. Mayorkas also reiterated that Haitians who
attempt to travel to the U.S. after July 29, 2021, will not be eligible
for TPS and will be subject to expulsion or removal.

****Legal****

****Attorney General Garland Vacates Trump-Era Decision that Made
Appeals of Asylum Determinations Difficult****On July 26, U.S. Attorney
General Merrick Garland vacated

a Trump-era legal opinion that made it harder for asylum seekers to
appeal adverse determinations, especially in cases involving gang and
domestic violence. Garland's decision overturned former Attorney General
William Barr's opinion in Matter of A-C-A-A-, which had directed
immigration judges not to accept parties' stipulations of any element
required to prove an asylum claim, including whether the victim was a
member of a "particular social group."

Garland's opinion

**stated** that the Board of Immigration Appeals should follow a more
traditional approach to reviewing only contested issues, and accept the
parties' stipulation to uncontested issues, noting that reopening
noncontested issues would impose "rigid procedural requirements that
undermine the fair and efficient adjudication of asylum claims."

****State and Local****

****Texas Governor Orders State Troopers to Stop Vehicles Suspected of
Transporting Migrants; Attorney General Prepares to Sue Texas****On July
28, Governor Greg Abbott (R-Texas) ordered

state troopers to stop vehicles suspected of transporting migrants.
Arguing that migrants pose may carry COVID-19, Abbott instructed
troopers to reroute the cars with migrants back to their origin point or
a U.S. port of entry. The order, which raises concerns over racial
profiling, was heavily criticized

by local and national advocacy groups. Advocates also highlighted the
order's dubious legality, noting that immigration enforcement is the
sole responsibility of the federal government.

Subsequently, on July 29, Attorney General Garland sent a letter
to
Governor Abbott urging him to rescind the order immediately. Garland
argued that it jeopardizes the health and safety of noncitizens and
interferes with the implementation of federal immigration law. Garland
warned that a failure to rescind the order will lead the Justice
Department to pursue all the appropriate legal remedies to ensure that
Texas does not interfere with the federal immigration enforcement
authority.

The executive order comes amid growing concerns over an increase in
COVID-19 cases in Texas related to the more contagious delta variant.
Critics argued that Abbott, who is running for reelection, was
"hypocritical
"
given Abbott's opposition to other COVID-19 mitigation strategies,
including his ban on local mask ordinances, and characterized the
executive order as an attempt to "scapegoat
"
immigrants for Texas's COVID-19 policies.

****Eighty-Four Mayors Urge Pathway to Citizenship Through
Reconciliation****On July 26, 84 mayors from thirty states signed a
letter

urging Congress and the Biden administration to prioritize a pathway to
citizenship for Dreamers, TPS holders, and essential workers in
forthcoming budget reconciliation legislation. Providing a pathway to
citizenship for them-the mayors wrote-"not only recognizes the
sacrifices they have made for all Americans over the past year, but also
the important role they continue to play in America's economic recovery
and long-term global competitiveness."

The signatories-which include the mayors of the four most populous
U.S. cities: New York, Los Angeles, Chicago, and Houston-argued that
five million undocumented immigrants are the backbone of essential
industries such as construction, agriculture, food services and
production, transportation, and healthcare. "They have risked their
lives and the lives of their families to keep our nation running during
one of the most challenging periods in modern history."

****Nominations & Personnel****

****U.S. Senate Confirms Ur Jaddou to Lead USCIS****On July 30, the U.S.
Senate voted 47-34 to confirm

Ur Mendoza Jaddou as director of U.S. Citizenship and Immigration
Services (USCIS). Jaddou, the daughter of Mexican and Iraqi immigrants,
will be the first woman to lead the agency. In her May 26 hearing before
the Senate Judiciary Committee, Jaddou stated

that financial reform, reducing backlogs, and improving technology would
be her top priorities if she was confirmed. In her opening remarks, she
highlighted that the ultimate goal of USCIS should be to process
applications "fairly, efficiently, and in a humane manner."

Jaddou's confirmation

marks the third top-level U.S. Department of Homeland Security seat to
be filled under the Biden administration-along with DHS Secretary
Alejandro Mayorkas and DHS Deputy Secretary John Tien.
Jaddou previously served as USCIS chief counsel during the Obama
administration and worked on Capitol Hill and in the State Department.

GOVERNMENT REPORTS

**Department of Homeland Security - Office of the Inspector General
(OIG):****Review of the February 16, 2020 Childbirth at the Chula Vista
Border Patrol Station**

**;**

July 20, 2021This report analyzes Customs and Border Protection's (CBP)
policies and practices relating to childbirths occurring at Border
Patrol stations. The DHS's Office of the Inspector General (OIG) found
that Border Patrol kept only limited data on pregnant detainees and
lacks the necessary processes and guidance to reliably track childbirths
in custody. In addition, OIG found that Border Patrol does not always
take prompt action to expedite the release of U.S. citizen newborns,
resulting in some being held in stations for multiple days and nights,
which poses health, safety, and legal concerns. The OIG also noted the
absence of guidelines on interpreting for Spanish-speaking detainees at
hospitals, which could have serious health implications for detainees.

**Department of Homeland Security - Office of the Inspector General
(OIG):****CBP Needs to Strengthen Its Oversight and Policy to Better
Care for Migrants Needing Medical Attention**
,
July 20, 2021In this report, OIG reviewed CBP standards of care for
migrants following the deaths of two children in a CBP facility in 2018.
OIG found that CBP needs to improve its policies to ensure that migrants
are protected when experiencing medical emergencies. For example, CBP
could not consistently show that officials properly conducted medical
screenings for every case that was reviewed, meaning that the agency may
not be able to quickly and efficiently identify migrants experiencing
medical emergencies.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES****Explainer: Budget
Reconciliation and Immigration Reform**
This
resource explains the elements, rules, and history of the budget
reconciliation process. Congressional Democrats are expected to try to
use reconciliation to avoid a Senate filibuster and pass immigration
reforms with a simple majority.

**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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