Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday,
September 24, 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, September 24, 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. 2795

**A bill to require the Secretary of Homeland Security to use
alternatives to detention for certain vulnerable immigrant populations**

Sponsored by Senator Catherine Cortez Masto (D-Nevada) (4

cosponsors- 4 Democrats, 0 Republicans)

09/22/2021 Introduced in the Senate by Senator Cortez Masto

09/22/2021 Referred to the Senate Committee on the Judiciary

S. 2828

**Preserving Employment Visas Act**

The bill would authorize U.S. Citizenship and Immigration Services to
process employment-based immigrant visa applications after September 30,
2021, and to award such visas to eligible applicants from the pool of
unused employment-based immigrant visas during fiscal years 2020 and
2021.

Sponsored by Senator Thomas Tillis (R-North Carolina) (2

cosponsors- 2 Republicans, 0 Democrats)

09/23/2021 Introduced in the Senate by Senator Tillis

09/23/2021 Referred to the Senate Committee on the Judiciary

H.R. 4350

**National Defense Authorization Act for Fiscal Year 2022**

The bill would appropriate funding for the national defense priorities
for Fiscal Year (FY) 2022, including the transportation of Afghan
special immigrant visa (SIV) candidates and other threatened Afghan
partners outside of Afghanistan for visa processing.

Sponsored by Representative Adam Smith (D-Washington) (1

cosponsor- 1 Republican, 0 Democrats))

07/02/2021 Introduced in the House by Representative Reed

07/02/2021 Referred to the House Committee on Armed Services

09/23/2021 The bill passed after a 316-113 vote
.

09/22/2021 At least the following five immigration-related amendments
were filed:

Amdt. 426
,
sponsored by Representative Kathy Manning (D-North Carolina) to mandate
the Secretary of Defense to appoint an official to help oversee
continued evacuations of Americans and Afghan partners from Afghanistan.
The amendment did not pass.

Amdt. 504
,
sponsored by Representative Crow (D-Colorado) to increase the SIV cap by
10,000 and clarify that those employed under cooperative agreements and
grants are eligible for the Afghan SIV program. The amendment was agreed
after a voice vote.

Amdt. 620
,
sponsored by Representative Mark Green (R-Tennessee) to direct the
Department of Defense to maintain and report to Congress an accounting
of the number of American Citizens evacuated from Hamid Karzai
International Airport. The amendment did not pass.

Amdt. 671
,
sponsored by Representative Slotkin (D-Michigan) to require the
Secretary of State to develop a strategy to safely process Afghans
abroad with pending SIV applications and refugee referrals. The
amendment did not pass.

Amdt. 769
,
sponsored by Representative Correa (D-California) to establish an Afghan
Refuge Special Envoy position. The amendment was agreed after a voice
vote.

H.R. 5294

**Make the Migrant Protection Protocols Mandatory Act of 2021**

The bill would require the Department of Homeland Security to
re-implement the Migrant Protection Protocols (MPP), a Trump-era policy
that required certain asylum seekers to wait in Mexico while their
claims were processed and heard in the U.S. This is a companion bill of
S. 1582
.

Sponsored by Representative Roger Williams (R-Texas) (5

cosponsors- 5 Republicans, 0 Democrats)

09/20/2021 Introduced in the House by Representative Williams

09/20/2021 Referred to the House Committee on the Judiciary

H.R. 5305

**Extending Government Funding and Delivering Emergency Assistance**

The bill would extend government funding through December 3. Concerning
the evacuation of Afghan allies, the bill would allocate $6.3 billion in
emergency assistance to help resettle Afghan refugees in the United
States. In addition to funding, the bill would provide Afghan parolees
access to benefits given to refugees and SIV holders, and it would
expedite asylum adjudications for parolees without other paths to legal
status. The bill would also direct the Secretary of Homeland Security to
submit to Congress a report on the status of Afghan evacuees.

Sponsored by Representative Rosa L. DeLauro (D-Connecticut) (0
cosponsors)

09/21/2021 Introduced in the House by Representative DeLauro

09/21/2021 Referred to the House Committees on Appropriations, Budget,
and Ways and Means

09/21/2021 Resolution agreed to in the House of Representatives by a
220-211 vote .

H.R. 5319

**Reduce Financial Barriers to Immigration and Citizenship Act**

The bill would waive fees for the naturalization application for all
eligible immigrants, including essential workers. It would also codify
existing fee waivers issued administratively by USCIS. Finally, the bill
would authorize funding to offset USCIS operations and tackle the case
backlog.

Sponsored by Representative Norma J. Torres (D-California) (16

cosponsors- 16 Democrats, 0 Republicans)

09/21/2021 Introduced in the House by Representative Torres

09/21/2021 Referred to the House Committee on the Judiciary

LEGISLATIVE FLOOR CALENDARThe U.S. Senate and the U.S. House of
Representatives will be in session the week of September 27, 2021.

UPCOMING HEARINGS AND MARKUPS**Hearing to receive testimony on the
conclusion of military operations in Afghanistan**

**Date:**  Wednesday, September 29, 2021, at 9:30 am E.T. (Senate
Committee on Armed Services)

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

**Witnesses:**

Honorable Lloyd Austin III, U.S. Secretary of Defense

General Mark Milley, Chairman of the Joint Chiefs of Staff

General Kenneth McKenzie, Commander, United States Central Command

THEMES IN WASHINGTON THIS WEEK

****Federal****

****Senate Parliamentarian Rules Against Immigration Provisions in
Budget Reconciliation Bill****On September 19, the Senate
Parliamentarian ruled

against the inclusion of immigration provisions in the budget
reconciliation bill. She was asked to determine whether providing legal
permanent residence to certain immigrants was primarily budget-related
and therefore germane to the reconciliation process. While the
Parliamentarian recognized the fiscal benefits of providing a pathway to
citizenship to almost eight million people in the United States, she
argued

that the proposed policy changes "far outweigh the budgetary impact
scored to it." Hence, she ruled that the proposal is not appropriate for
inclusion in reconciliation.

Budget reconciliation is a process

that allows Senate Democrats to bypass a potential Republican filibuster
and pass budget-related legislation with a simple majority. In
negotiations on a reconciliation package in the House of
Representatives, Democrats agreed to incorporate significant immigration
reforms, including a pathway to citizenship

for Dreamers, Temporary Protected Status (TPS) holders, and essential
workers. The House immigration reform package also included provisions
to address the green card backlog. After the Parliamentarian's ruling
barring the legalization provisions (she has not yet considered the
green card items), Democrats must turn to alternative pathways to pass
immigration reforms. These could include additional proposals to the
Parliamentarian that might pass muster or attempts to restart bipartisan
negotiations over legislation that would not require reconciliation to
pass.

Senate Democrats are reportedly already considering alternative
proposals to put before the Parliamentarian. These might include
updating the registry date
, a provision
of immigration law that allows individuals to apply for lawful permanent
status provided they entered the U.S. before a particular date. Another
proposal under consideration is to change the statutory deadline of a
provision

of immigration law that allows certain unauthorized immigrants who are
ineligible for status to apply for lawful permanent residence.

Senate Republicans praised the Parliamentarian's decision and called for
a return to bipartisan immigration negotiations. Senator Lindsey Graham
(R-South Carolina), said

that "the parliamentarian's guidance reinforces long-held traditions of
the Senate that major policy changes should be done collaboratively and
not through the reconciliation process." Senator John Cornyn (R-Texas)
tweeted ,
"let's try some bipartisan immigration reform," in response to the news.

Congressional Democrats face additional challenges beyond the
Parliamentarian in getting their reconciliation package passed into law.
Moderate Democratic lawmakers have warned

that if the House does not turn to the $1.2 trillion bipartisan
infrastructure bill by September 27, they will refuse to support any
reconciliation proposal. September 27 is the deadline that House Speaker
Nancy Pelosi set as a compromise

with nine moderate Democrats, who argued that the House should have
first considered the bipartisan infrastructure bill before dealing with
the more partisan reconciliation effort.

****Biden Administration Deports Haitian Migrants, Clears Out South
Texas Encampment****According to a September 24 report, there are no
longer any migrants in a makeshift migrant encampment in Del Rio, Texas,
which had at times sheltered over 14,000 mostly Haitian migrants in the
preceding weeks. According to

Department of Homeland Security (DHS) Secretary Mayorkas, 7,000 migrants
have either already been deported to Haiti or are in rapid deportation
("Title 42") proceedings, 8,000 returned to Mexico voluntarily, and
12,400 were placed in normal deporation proceedings and allowed to stay
in the U.S. as their immigration court cases proceed.

After hearing of a new smuggling route

from Southern Mexico to Del Rio via word of mouth and social media,
thousands of

**migrants** - many originally from Haiti - crossed into Del Rio
during the week following September 17. Del Rio is typically a
low-traffic border area, and the Biden administration was unable to
quickly process the large number of arriving migrants, all of whom were
eager to turn themselves in with the hopes of receiving asylum or other
status in the U.S. The large migrant encampment quickly formed
underneath the local international bridge as temperatures climbed and
the humanitarian situation deteriorated.

The administration surged resources and enforcement personnel to the
area, and Secretary Mayorkas warned that "if you come to the United
States illegally, you will be returned. Your journey will not succeed,
and you will be endangering your life and your family's lives." On
September 20, images

and video emerged of Customs and Border Protection (CBP) agents on
horseback, appearing to use their reins as whips and charging Haitian
migrants as they attempted to cross into the Del Rio encampment. The
images sparked outrage

from advocates and lawmakers on both sides of the aisle. The White House
condemned

the actions, suspended

the use of CBP horse patrols, and initiated further investigation into
the incidents.

The White House also ramped up deportation flights

to Port-au-Prince, with numerous flights leaving daily. On September 23,
the U.S. special envoy to Haiti resigned in protest

of what he called "inhumane" deportations to a country that has been in
turmoil after a 7.2 magnitude earthquake and the recent assassination of
its President. The rapid deportations and treatment of Haitian migrants
at the border also attracted international attention. The United Nations
Refugee Agency, UNHCR, and the United Nations Office of Human Rights
expressed

their concern over the summary, mass expulsions of Haitians without
screening for protection needs. Both agencies argued

that the deportations are inconsistent with international norms and may
constitute refoulement
.

****House of Representatives Approves Funding for Afghan
Resettlement****On September 21, the House of Representatives, on a
220-211 party-line vote, passed

$6.3 billion in funding to assist the already ongoing Afghan
resettlement effort in the U.S. The legislation also included provisions
allowing Afghan parolees to receive refugee benefits and to receive
expedited adjudication of their asylum claims. The provisions were
placed within a larger $28.6 billion continuing resolution to continue
to fund the federal government past the end of the fiscal year on
September 30 and through December 3. While the resolution has passed the
House, it now faces an uphill battle in the Senate. Republicans are
objecting to the inclusion of a debt limit increase in the legislation.
Senate Minority Leader Mitch McConnell (R-Kentucky) proposed a separate
continuing resolution without a debt limit increase that otherwise
tracks closely with the House version and includes many of the same
provisions for Afghan evacuees.

Despite the high likelihood that the continuing resolution will not pass
the Senate in its current form, resettlement and refugee assistance
organizations continue to assist

thousands of Afghans who have already arrived in the U.S. or who remain
stuck in Afghanistan or third countries. Even with the groundswell of
grass-roots support, especially among religious organizations, it
remains unlikely there will be enough resources to comfortably resettle
these evacuees without congressional support.

****Biden Administration Raises Refugee Ceiling to 125,000 for Fiscal
Year 2022****On September 20, the Biden Administration reported
to
Congress its plan to raise the refugee resettlement ceiling for fiscal
year (FY) 2022 from 62,500 to 125,000. In May, President Biden had
already raised the refugee ceiling for FY 2021 from the Trump-era cap of
15,000 to 62,500. However, the U.S. has only admitted
7,637 refugees for
resettlement this fiscal year and is on track to resettle a historic low
of just 8,331 refugees with one month to go. In FY 2020, the Trump
Administration resettled 11,814 refugees, a number that now appears
unreachable for FY 2021.

The new 125,000 refugee resettlement ceiling will be allocated

by region. The State Department designated 40,000 spaces for Africa,
15,000 for the East Asian region, 10,000 for the European and Central
Asian region, 15,000 for the Latin American and Caribbean region, 35,000
for the Near East and South Asian region, and 10,000 available spaces
for reserve.

Refugee advocates
,
faith leaders
,
and national security leaders
all celebrated the
decision, but called for the administration to work to ensure that the
ceiling is met by bolstering the refugee backlog and streamlining the
required vetting and screening protocols.

In the report to Congress
,
the administration also included plans for a new category of refugee
admissions that would rely on a private sponsorship model. The specifics
of the new program are not yet clear.

****Biden Administration Will Ease Covid-19 Travel Restrictions for
Fully Vaccinated International Travelers****On September 20, the Biden
Administration announced
 its
plans to lift Covid-19 travel restrictions for fully vaccinated
travelers who are able to demonstrate a recent negative Covid-19 test.
The travel restriction - which was put in place under the Trump
administration to limit the spread of the Covid-19 virus - hindered

the entrance of nationals from Europe, China, Iran, Brazil, South
Africa, and India to the United States for eighteen months. The new
policy will take effect in November of this year. However, the new
policy will not apply yet to those crossing land borders from Mexico or
Canada.

GOVERNMENT REPORTS

**Department of Homeland Security - Office of the Inspector General
(OIG):****CBP Targeted Americans Associated with the 2018-2019 Migrant
Caravan**

**, September 20, 2021**This report reveals that U.S. Customs and Border
Protection (CBP) took improper actions against American journalists,
attorneys, and supporters of the 2018-2019 migrant caravan. The DHS
Office of the Inspector General (OIG) found that CBP placed lookouts on
U.S. citizens suspected of organizing or being associated with the
caravan. The OIG also found that in December 2018, a CBP official asked
Mexico to deny entry to caravan associates, including 14 U.S. citizens.
Finally, the OIG discovered that CBP officials improperly shared
sensitive information of U.S. citizens with the Mexican government.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES****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: Pathways to Protection for Afghans at Risk**
This
resource provides a comparison between the SIV status, the P2 refugee
program, and Humanitarian Parole. It also summarizes the eligibility
requirements for each pathway and notes the different application
timelines and vetting procedures. The fact sheet also describes what we
know about the numbers resettled so far under each pathway and what
benefits they receive.

**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.

* * *

*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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