Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday,
October 29, 2021 is now posted.

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

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All the best,

Danilo

**LEGISLATIVE BULLETIN - Friday, October 29, 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**H.R. 5681

**Shadow Wolves Enhancement Act**

The bill would allow the director of Immigration and Customs Enforcement
(ICE) to reclassify technical enforcement officers in tactical units on
Tohono O'odham Nation lands as special agents. This would give the
officers, commonly known as "Shadow Wolves," more authority to
investigate and track cross-border criminal activity.

Sponsored by Representative John Katko (R-New York) (1

cosponsor - 1 Democrat, 0 Republicans)

10/22/2021 Introduced in the House by Representative Katko

10/22/2021 Referred to the House Committee on Homeland Security

10/26/2021 Reported out of the Committee on Homeland Security by Voice
Vote

H.R. 5682

**CBP Donations Acceptance Program Reauthorization Act**

The bill would provide funding to the Donations Acceptance Program
(DAP), which enables Customs and Border Protection (CBP) to create
public-private partnerships and receive donations related to the
improvement and modernization of ports of entry.

Sponsored by Representative Nanette Diaz Barragan (D-California) (3

cosponsors - 2 Democrats, 1 Republican)

10/22/2021 Introduced in the House by Representative Barragan

10/22/2021 Referred to the House Committee on Homeland Security

10/26/2021 Reported out of the Committee on Homeland Security by Voice
Vote

H.R. 5683

**Department of Homeland Security Border Support Services Contracts
Review Act**

The bill calls for additional transparency measures and reporting
requirements regarding the procurement of services performed by
contractors along the borders of the United States in support of the
mission of the Department of Homeland Security.

Sponsored by Representative Kat Cammack (R-Florida) (1 cosponsor - 1
Republican, 0 Democrats)

10/22/2021 Introduced in the House by Representative Cammack

10/22/2021 Referred to the House Committee on Homeland Security

10/26/2021 Reported out of the Committee on Homeland Security by Voice
Vote

H.R. 5693

**Migrant Relocation Transparency Act**

The bill would require the Departments of Health and Human Services
(HHS) and Homeland Security (DHS) to consult with state and local
officials in advance of using federal funds to resettle migrants in
their jurisdictions. The bill would further require a series of
reporting requirements regarding the resettlement and transportation of
undocumented individuals to Congress and state governors. The bill is a
companion to S. 1865
.

Sponsored by Representative Andrew Garbarino (R-New York) (1

cosponsor - 1 Republican, 0 Democrats)

10/22/2021 Introduced in the House by Representative Garbarino

10/22/2021 Referred to the House Committee on the Judiciary

H.R. 5700

**9/11 Immigrant Worker Freedom Act**

The bill would provide a path to citizenship for the approximately 2,000
immigrant workers, volunteers, and first responders who assisted with
clean-up and search-and-rescue efforts at Ground Zero after the 9/11
attacks.

Sponsored by Representative Alexandria Ocasio-Cortez (D-New York) (21

cosponsors - 21 Democrats, 0 Republicans)

10/22/2021 Introduced in the House by Representative Ocasio-Cortez

10/22/2021 Referred to the House Committee on the Judiciary

H.R 5709

**Afghanistan Security Through Intelligence Act**

The bill would require the Director of National Intelligence to produce
a National Intelligence Estimate on the situation in Afghanistan. The
Estimate would include an assessment of the treatment and safe transit
of Afghans who have assisted U.S. efforts, including Special Immigrant
Visa (SIV) holders.

Sponsored by Representative Jason Crow (D-Colorado) (1

cosponsor - 1 Republican, 0 Democrats)

10/25/2021 Introduced in the House by Representative Crow

10/25/2021 Referred to the House Committee on Intelligence

H.R. 5717

**Stop the Surge of Unsafe Rio Grande Encampments (SURGE) Act**

The bill would create processing facilities in Rhode Island,
Connecticut, Massachusetts, New York, Delaware, California, and Vermont
and relocate unauthorized migrants apprehended in South Texas to the
newly established facilities. The bill is a companion to S. 3002
.

Sponsored by Representative Ralph Norman (R-South Carolina) (0

cosponsors)

10/25/2021 Introduced in the House by Representative Norman

10/25/2021 Referred to the House Committee on the Judiciary

H.R. 5759

**Better Enforcement of Grievous Offenses by un-Naturalized Emigrants
(BE GONE) Act**

The bill would explicitly include "sexual assault and aggravated sexual
violence" within the list of convictions that would disqualify those
seeking to immigrate to the U.S. The bill is a companion to S. 2945
.

Sponsored by Representative Elise Stefanik (R-New York) (60

cosponsors - 60 Republicans, 0 Democrats)

10/27/2021 Introduced in the House by Representative Stefanik

10/27/2021 Referred to the House Committee on the Judiciary

S. 3058

**Department of Homeland Security Appropriations Act of 2022**

The bill provides appropriations for the Department of Homeland Security
for fiscal year (FY) 2022, including providing revised funding levels
for U.S. Customs and Border Protection (CBP) and U.S. Immigration and
Customs Enforcement (ICE).

Sponsored by Senator Chris Murphy (D-Connecticut) (0

cosponsors)

10/25/2021 Introduced in the Senate by Senator Murphy

10/25/2021 Referred to the Senate Committee on Appropriations

**LEGISLATIVE FLOOR CALENDAR**The U.S. Senate and the U.S. House of
Representatives will be in session the week of Monday, November 1, 2021

**UPCOMING HEARINGS AND MARKUPS**An Oversight Hearing to Examine the
Department of Homeland Security

**Date:**Tuesday, November 16, 2021 at 10:00 am ET (Senate Judiciary
Committee)

**Location:**Dirksen Senate Office Building Room 106

**Witnesses:**

Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security

**THEMES IN WASHINGTON THIS WEEK**

**Federal**

****Immigration Provisions Remain Unclear as Democrats Move Closer to a
Deal on Reconciliation****On October 28, President Biden announced a
$1.85 trillion legislative framework

for a potential budget reconciliation bill. The framework included $100
billion to "improve and reform our broken immigration system consistent
with the Senate's reconciliation rules." The framework also referenced
immigration provisions that would make "enhancements to reduce [green
card] backlogs, expand legal representation, and make the asylum and
border processing more efficient and humane."

The Senate Parliamentarian, the body's nonpartisan rules referee, has
twice ruled against the inclusion of a path to citizenship in a
reconciliation bill. According to multiple

reports
,
Democrats are working to submit their "Plan C" on immigration before the
Parliamentarian: An effort to offer parole - or temporary protection
from deportation and work authorization - to undocumented individuals
who have been in the country since 2010. It is not yet clear

whether Democrats will also include provisions

to address the green card backlog and related legal immigration reforms
in this third submission, or how the Parliamentarian will rule.

The President's framework came after extensive negotiations with
moderate and progressive Democrats in the House and Senate. While the
effort was clearly the result of progress in those negotiations,
prominent Democrats involved in the talks were unwilling

to offer their full endorsement of the framework. As a result, the
administration's hopes that releasing the framework would lead to the
swift passage of a separate, bipartisan infrastructure bill were dashed

on October 28, as House progressivesindicated

they would not support infrastructure until more progress was made. The
House and Senate instead passed

an extension of transportation funding that was set to expire at the end
of October.

Should the House move on reconciliation, they are likely to initially
vote on a provision to update the registry date
to allow
certain undocumented individuals who have been in the country since 2010
to adjust to permanent status. However, as this proposal was already
rejected by the Parliamentarian, it is understood to be a placeholder

while the Parliamentarian prepares to rule on the parole option.

****Biden Administration Issues New Memo Terminating Migration
Protection Protocols as Court Fight Continues****On October 29, the
Department of Homeland Security (DHS) issued a new memo
terminating the
Migrant Protection Protocols (MPP), also known as the "Remain in Mexico"
program. The administration had previously halted enrollment in MPP in
January and had officially terminated the program in June through a
multi-page memorandum
,
but in August a federal judge in Texas ruled

that the termination violated the Administrative Procedure Act and
required the administration to reimplement the program.

The new memo
,
which is 39 pages long, provides additional rationale for the
termination of the program, concluding that "there are inherent problems
with the program that no amount of resources can sufficiently fix." The
memo notes further
that MPP "fails
to provide the fair process and humanitarian protection that all persons
deserve."

On October 14, the Department of Homeland Security detailed

its plans to comply with the court order and restart MPP in
mid-November, pending agreement from Mexico. The new termination memo
concludes that DHS will continue to follow the court's ruling in good
faith and that the "termination of MPP will be implemented as soon as
practicable after a final judicial decision to vacate" the court order.

****Administration Bars Immigration Enforcement in Schools, Hospitals,
and Other "Protected Areas"****On October 27, the Biden
Administration issued
 new
guidance that bars immigration enforcement in a series of "protected
areas," including schools, places of worship, and hospitals, as well as
playgrounds, funerals, and social service establishments. According to
the new policy, which replaces and updates a previous policy governing
immigration enforcement in sensitive locations
,
Immigration and Customs Enforcement (ICE) and Customs and Border
Protection (CBP) agents will be prohibited from entering the protected
areas for the purpose of making arrests, conducting searches,
and serving subpoenas. Limited exceptions to the prohibition would be
admissible for reasons such as if the enforcement action involves a
national security threat or if there is an imminent risk of death,
violence, or physical harm to a person.

Secretary of Homeland Security Alejandro Mayorkas stated

that immigration authorities must "consider the impact" of where
enforcement actions might take place. Mayorkas had previously ended

a Trump policy of large-scale immigration raids at worksites.

****White House Launches Private Sponsorship Program for Afghan
Refugees****On October 25, the U.S. State Department announced

it has partnered with a private organization called the Community
Sponsorship Hub (CSH) to sponsor recently arrived Afghan evacuees. Under
the new initiative, private individuals and community organizations will
have the opportunity to privately sponsor recently-arrived Afghans . The
initiative, which will be called the Sponsor Circle Program, will allow
groups of five or more individuals to assist with providing housing,
basic necessities, and employment and school placement assistance to
Afghans who have been evacuated to the U.S. Each "circle" will be
required to fundraise at least $2,275 per refugee, the same amount of
money

that refugee resettlement agencies are given by the State Department for
basic expenses for each refugees first 90 days in the U.S.

The announcement comes as the administration continues to work to move
Afghans swiftly out of military bases in the U.S. and on to communities
across the U.S. As of October 27
, 53,500
evacuees remain in the military sites, and 10,000 have been resettled
across the U.S.

On October 26, the White House also released a statement highlighting
how private sector companies have stepped up to assist

recently arrived Afghan refugees. For example, multiple airline carriers
have partnered to donate over 40,000 airline tickets to  Afghans
travelling to the U.S. Other companies such as Walgreens, CVS, and
Proctor & Gamble have committed to providing medical and personal
hygiene products to Afghans upon their arrival.

****Report: ICE Arrest Data Reveals Lowest Total in Years Amid Pandemic,
New Enforcement Priorities****According to an October 26 Washington Post
report
,
Immigration and Customs Enforcement (ICE) made 72,000 immigration
arrests during fiscal year (FY) 2021, which ended in September. The
number represents the lowest number in over a decade, as arrests have
continued a steady decline since peaks reached by the Obama
administration. Approximately 104,000 arrests were made in FY 2020 and
the 10-year peak of 322,000 arrests were conducted in FY 2011.

The decrease in arrests aligns with lower safe detention capacity during
the COVID-19 pandemic, as well as with the Biden administration's
focus on apprehending recent border crossers and threats to national and
public safety. Around 65% of arrests

made in FY 2021 were of convicted criminals or those who had pending
criminal cases.

On September 30, DHS released updated enforcement priorities

which continue to emphasize threats to national security, public safety,
and border security, while increasing the role of enforcement officers
to utilize prosecutorial discretion to make individualized assessments
of each case.

DHS Secretary Alejandro Mayorkas stated
,
"are we going to spend the time apprehending and removing the farmworker
who is breaking his or her back to pick fruit that we all put on our
tables? Because if we pursue that individual, we will not be spending
those same resources on somebody who does, in fact, threaten our safety.
And that is what this is about."

****Migrant Caravan Continues Slowly Towards U.S. as Mexico Deploys
National Guard****According to an October 27 report
,
a group of about 4,000 primarily Central American migrants are making
their way slowly on foot towards the U.S. border from Southern Mexico.
The group remains close to the Mexico's southern border, and would
need to travel some 1,500 miles to reach the U.S. On October 24, the
group was confronted by the Mexican National Guard, and Mexican Foreign
Affairs Secretary Marcelo Ebrard said that the government intends to act
"prudently" to respond to the caravan. Since 2019, every migrant caravan
attempting to make it to the U.S. has been broken up

and dissolved

by Mexican or Guatemalan authorities, often in brutal fashion.

The caravan in southern Mexico consists

largely of families and children. Some said

they do not intend to travel all the way to the U.S., and instead are
hoping to make it to Mexico City and a faster Mexican asylum process.

****Report: Border Patrol Agents Not Held Accountable for Sharing
Racist, Offensive Posts About Migrants****According to a House Oversight
and Reform Committee majority staff report

released on October 25, an investigation into U.S. Border Patrol agents
who shared racist and offensive posts about migrants in a private
Facebook group resulted in minimal punishment. In 2019, a ProPublica
investigation revealed

that 70 current and former Customs and Border Protection (CBP) employees
belonged to the group, where members joked about migrant deaths and
shared racist and sexist memes.

The House report stated

that after a review board recommended that CBP fire 24 agents who were
active members of the group, only two were removed from their posts.
According to the report, 43 were also temporarily suspended without pay
and 12 received formal letters of reprimand. The report further noted
that CBP was aware of the social media posts three years before the
ProPublica investigation. The report concluded

that there are weaknesses in the CBP disciplinary process and that CBP
had provided "insufficient social media guidance and training to
agents."

According to a October 26 report
,
the results of an investigation into images of CBP agents on horseback
appearing to use their reins as whips and charging Haitian migrants as
they attempted to enter the U.S. have been submitted to the Department
of Justice to determine if criminal charges are warranted. The agents
involved in the controversial images have not yet been questioned.

****Legal****

****Federal Jury Finds Private Prison Group Must Pay Immigrant Detainees
Minimum Wage****On October 27, a federal jury in Seattle ruled

that a private prison group must pay minimum wage to detained
immigrants. The for-profit prisons in question, run by GEO Group, had
required immigrant detainees to perform tasks and duties to keep up the
facility, and had paid them $1 a day. The jury will now determine how
much the immigrant detainees are owed as a result of being underpaid.

The vast majority

of immigration detention facilities in the U.S. are contracted by ICE to
private prison groups like GEO Group, CoreCivic, and LaSalle
corrections.

**GOVERNMENT REPORTS**There were no immigration-related government
reports from federal agencies released the week of Monday, October 25,
2021.

**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: DHS Immigration Enforcement Guidelines**
This
is an explainer on the new DHS immigration enforcement priorities issued
on September 30. The new guidance provides flexibility to DHS personnel,
who are advised to balance aggravating and mitigating factors when
making enforcement determinations.

**Fact Sheet: Unused Green Card Recapture**
This
fact sheet explains green card recapture. Every year, the U.S. sets
aside a specific number of available green cards for individuals from
all around the world. However, over the years, various administrative
complications have left hundreds of thousands of green cards unissued.
Green card recapture would "recapture" a number of these unused green
cards accumulated over the years, relieving the backlog and promoting
economic growth.

* * *

*This Bulletin is not intended to be comprehensive. Please contact
Danilo Zak, National Immigration Forum Policy and Advocacy Manager, with
comments and suggestions of additional items to be included. Danilo can
be reached at [email protected] .
Thank you.

 

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