Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Thursday,
August 5, 2021 is now posted. We will publish our next bulletin on
Thursday, August 19, 2021

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

[link removed]

All the best,

Arturo 

**LEGISLATIVE BULLETIN - Thursday, August 5, 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. 4812

**Border Health Security Act**

The bill would ensure coordination with Canada and Mexico on issues
related to public health and facilitate the cross-border policies needed
to mitigate the negative impacts of future public health crises. It will
also provide health grants to address infectious disease testing,
primary care, and maternal health.

Sponsored by Representative Veronica Escobar (D-Texas) (7

cosponsors - 6 Democrats, 1 Republican)

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

07/29/2021 Referred to the House Committee on Energy and Commerce and
the Committee on Foreign Affairs

H.R. 4896

**Reimbursing Agriculture Producers for Immigration Damages (RAPID)
Act**

The bill would reimburse farmers and ranchers for damages stemming from
unauthorized immigration, including livestock loss, crop loss and
damage, damage to perimeter fences, damage to physical structures, and
property loss/damage.

Sponsored by Representative August Pfluger (R-Texas) (3

cosponsors- 2 Democrats, 1 Republican)

07/30/2021 Introduced in the House by Representative Pfluger

07/30/2021 Referred to the House Committee on Agriculture and the
Committee on Oversight and Reform

LEGISLATIVE FLOOR CALENDARThe U.S. Senate will be in session the week of
Monday, August 9, 2021.

The U.S. House of Representatives will not be in session the week of
Monday, August 9, 2021.

UPCOMING HEARINGS AND MARKUPSThere 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****

****Democrats Prepare to Move Forward with Reconciliation, Including
Immigration, after Passage of Bipartisan Infrastructure Bill****This
week, the U.S. Senate continued negotiations of the $1.2 trillion
Bipartisan Infrastructure Investment and Jobs Act
,
which Senate Democrats are hoping to move in tandem with a broader
budget reconciliation effort that may include significant immigration
reforms. As the bill moved toward final passage, some Republican critics

of the bill sought to introduce various immigration-related amendments
to the legislation, including amendments related to border wall
construction and e-Verify.

Following the passage of the bipartisan infrastructure package,
Democratic Senate leadership intends to advance a separate, $3.5
trillion plan under budget reconciliation rules
,
which would allow them to enact additional priorities with only a simple
majority. Provided the relevant provisions pass muster with the Senate
Parliamentarian
,
Democratic leaders intend to include several noteworthy immigration
provisions in the reconciliation bill, including 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. Democratic leaders intend
to pass a budget resolution recommending spending and revenue levels
this month, representing the first step of the two-stage reconciliation
process. Following a truncated August recess, they plan to pass the
second step - a spending bill making specific policy changes
consistent with the budget resolution.

****Biden Administration Extends Title 42 as Border Arrests Remain
High****On August 2, the Biden administration officially extended

the use of Title 42, a pandemic-era Centers 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. The administration had reportedly
been considering rolling back the use of Title 42 entirely as soon as
the end of July. However, the recent spike of the COVID-19 cases related
to the more contagious Delta variant compelled the CDC to extend the
order.

Critics maintain

that Title 42 "has been employed less to protect public health than as a
politically defensible way to limit immigration." Hence, after months of
negotiations, the American Civil Liberties Union (ACLU), along with
other organizations, said

they would move forward with a lawsuit against the administration to
completely lift the public health order for migrant families.

The CDC's decision to extend Title 42 comes as arrests at the
U.S.-Mexico border are at the highest level in decades. According to an
August 2 CNN report
,
preliminary CBP data indicates that in July-a month where attempted
border crossings usually decline due to high temperatures-the agency
apprehended more than 176,000 people, which would represent the highest
number of July arrests since 2000.

Responding to the influx, the Biden administration indicated

that it will be ramping up the vaccination of migrants taken into
custody. Under the new plan, DHS would vaccinate migrants soon after
they enter the U.S. and before they are processed by CBP. Until now,
only a limited number of migrants who were detained in longer-term
facilities had received the vaccine. The vaccination plan, however,
currently does not include migrants

who are turned back to Mexico under Title 42.

****State Department Creates P-2 Refugee Status Eligibility for Certain
Afghan Nationals****On August 2, the U.S. Department of State announced

a Priority 2 (P-2) refugee status designation for Afghan nationals who
work or worked for U.S. or allied forces or the U.S. government during
the war, but who otherwise do not qualify for a Special Immigrant Visa
(SIV).

In addition, the

**P-2** designation will protect Afghans who were employed in
Afghanistan by U.S.-based media organizations, or by non-governmental
organizations (NGOs) supported through a U.S. government grant. The
designation will allow the Biden administration to resettle thousands of
additional Afghan allies-who may be at risk from the Taliban due to
their U.S. affiliation-in the United States.

The P-2 designation comes with caveats

that may limit the number of people who can benefit. In order to seek
relief as P-2 refugees, applicants must leave Afghanistan to begin an
adjudication process that may a year or more in a third country.
Currently, the U.S. is not taking action to facilitate the departures of
potential P-2 refugees or to support their stays in the third countries.
Nor does the P-2 designation apply to Afghans working for U.S.-based
NGOs who do not operate under federal grants or to other at-risk groups
of Afghans, like religious minorities.

The administration's P-2 designation came days after the first round
of Afghan translators-who helped American soldiers and diplomats in
Afghanistan-landed in the United States to be housed at Fort Lee, a
U.S. Army base in Virginia. The relocation flight was part of Operation
Allies Refuge
,
a program designed by the Biden administration to process Afghans
seeking SIVs in a timely and safe manner as they continue their visa
processes outside of Afghanistan. The United States is in final talks to
temporarily house additional Afghan nationals and their families at U.S.
military bases in Qatar and Kuwait
.
Those talks are believed to pertain to SIV applicants, and not to P-2
applicants.

****HHS Inspector General Launches Review into Treatment of
Unaccompanied Migrant Children at Fort Bliss****On August 2, following
whistleblower complaints about the care of migrant children at the Fort
Bliss emergency intake site, the Inspector General of the Department of
Health and Human Services (HHS) announced

it would be reviewing conditions at the facility. Last month, two
federal workers reported troubling conditions at the Texas facility,
highlighting that unaccompanied migrant minors were placed under the
care
 of
contractors with no Spanish language skills or prior experience
providing child care. The complaint

claimed children were not regularly provided with clean bedding and
clothing, were not properly supervised, and were ignored when showing
signs of medical and mental health care needs.

The facility at Fort Bliss is the largest of the emergency intake sites

close to the southern border. One whistleblower who previously visited
the facility claimed children told him they felt like they were in
prison. The HHS Office of the Inspector General stated

that it will analyze interviews, make on-site observations at Fort
Bliss, and will take appropriate action if violations of law or HHS
policies are found.

****U.S. Border Patrol Agents Will Start Wearing Body-Worn Cameras****On
August 4, U.S. Customs and Border Protection (CBP) announced

that the agency will begin outfitting Border Patrol agents with
body-worn cameras to better enhance its policing practices and reinforce
trust and transparency. The policy is part of the agency's new
Incident-Driven Video Recording Systems program, which records and
stores video and audio data to support the agency's mission. The
cameras are roughly the size of a deck of playing cards, and officers
will wear them on the front of their uniforms. The cameras are expected

to be rolled out in parts of Texas and New Mexico during the summer and
expanded in the fall and winter to Arizona, California, and Texas's Rio
Grande Valley.

The National Immigration Forum praised

the action as a positive step that will promote security, transparency,
and accountability, benefitting CBP officers migrants alike. A 2015
National Immigration Forum report

found that body cameras can increase transparency, decrease the number
of complaints and assaults against officers, enhance public trust, and
can help resolve disputes over misconduct.

****Biden Administration Defers Removal of Hong Kong Residents for 18
months; Extends Registration Periods for TPS Applicants from Venezuela,
Burma, and Syria****On August 5, President Biden directed

the Department of Homeland Security (DHS) to provide an 18-month
Deferred Enforced Departure (DED) to Hong Kong residents presently in
the United States. DED

is an immigration benefit that allows certain individuals from
designated countries and regions facing political or civic conflicts or
natural disasters to temporarily remain in the United States. DHS
Secretary Alejandro Mayorkas said

that "the decision to offer safety and protection to these individuals
was made based on the ongoing assault on democracy, and rights and
freedoms in Hong Kong by the People's Republic of China."

Also, on August 4, the Biden Administration extended

the registration periods from 180 days to 18 months for first-time
applicants of Temporary Protected Status (TPS) from Venezuela, Burma,
and Syria. The registration periods, which were to expire this fall,
were extended by DHS in an effort

to ensure that eligible applicants have an opportunity to obtain TPS,
and to reduce operational burdens on U.S. Citizenship and Immigration
Services (USCIS) by spreading out applications over a larger period of
time.

Now, the 18-month registration period of initial TPS for Syria runs from
March 19, 2021, through September 30, 2022; the registration period of
TPS for Venezuela runs from March 9, 2021, through September 9, 2022;
and the registration period of TPS for Burma runs from May 25, 2021,
through November 25, 2022.

****Legal****

****Federal Judge Blocks Texas Gov. Abbott's Directive on Stopping
Vehicles Suspected of Transporting Migrants****On August 3, a federal
judge blocked

Governor Greg Abbott's (R-Texas) Executive Order

that ordered Texas state troopers to stop vehicles suspected of
transporting undocumented migrants. In issuing a temporary restraining
order against the directive, U.S. District Judge Kathleen Cardone, an
appointee of former President George W. Bush, determined that the
federal government was "likely to prevail" on its argument
that
the Abbott directive improperly intruded on the federal government's
power to regulate immigration and enforce immigration laws.

The temporary restraining order will remain in place until; August 13,
when Judge Cardone will consider granting a preliminary injunction,
which would block the order for a longer period. In issuing the
directive, Gov. Abbott cited the risk of COVID-19  She also highlighted
that it "jeopardiz[es] the health and safety of non-citizens in federal
custody, risk[s] the safety of federal law enforcement personnel and
their families, and exacerbat[es] the spread of COVID-19."

The Executive Order was issued amid growing concerns over an increase in
COVID-19 cases in Texas related to the more contagious Delta variant.
Critics raised concerns that the directive would lead to racial
profiling and would interfere with the lawful transport of some migrants
by Texas non-profit organizations
,
including those who partner with federal and local authorities.  Others
characterized the Texas directive as "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.

****Nominations & Personnel****

****Sheriff Ed Gonzalez's Nomination to Lead ICE Advances in Senate
Committee****On August 4, the Senate Committee on Homeland Security and
Governmental Affairs voted 7-6
,
along party lines, to favorably report Sheriff Ed Gonzalez's
nomination to serve as the next U.S. Immigration and Customs Enforcement
(ICE) director. In his July 15 confirmation hearing, Sheriff Gonzalez
pledged

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 the committee's business meeting, Sheriff Gonzalez's
nomination was praised by Democrats while facing criticism by
Republicans. Chairman Gary Peters (D-Michigan) said
that
Gonzalez "is a proven leader and dedicated law enforcement professional
who has a deep commitment to the rule of law and understands the complex
mission and challenges that ICE faces." Republican members of the
committee, led by Ranking Member Rob Portman (R-Ohio) expressed
skepticism over Gonzalez's ability to lead the agency, arguing
that  "on
numerous occasions during his time as Sheriff, he criticized ICE."

Sheriff Gonzalez-a grandson of immigrants-is a co-chair of the Law
Enforcement Immigration Task Force 
(LEITF), and his
nomination has received praise
 from
the National Immigration Forum and his fellow LEITF co-chairs
, among others
.

GOVERNMENT REPORTS

**Congressional Research Service (CRS):****The Law of Immigration
Detention: A Brief Introduction**

**,**July 20, 2021This "In Focus" fact sheet from the Congressional
Research Service describes the legal framework for immigration
detention. The Department of Homeland Security is authorized by the
Immigration and Nationality Act (INA) to detain foreign nationals if
they are subject to removal from the country. This report also describes
the four primary INA provisions that shape immigration detention.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM
RESOURCES****Addressing Increases in Migration at
the Southern Border**
This
resource provides policy recommendations that would create more humane
and efficient border processing, refocus on regional approaches that
combat trafficking networks and address the root causes of migration,
and enact practical border security fixes that address key remaining
vulnerabilities.

**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.

Body Cameras and CBP: Promoting Security, Transparency, and
Accountability at Our Nation's Border
This
report examines the benefits of requiring body-worn cameras for all CBP
agents and officers, as well as the privacy concerns for the public,
agents, and officers related to implementing body cameras. It also
addresses the barriers to the implementation of body-worn cameras at
CBP. It concludes that the benefits of body-cameras to CBP and the
public greatly outweigh any of the potential drawbacks.

* * *

* We will publish our next bulletin on Thursday, August 19, 2021. 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. Arturo can be reached at [email protected]
. Thank you.

 

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