Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday,
November 5, 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, November 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 CONSIDERED**S. 3108

**Fair Day in Court for Kids Act of 2021**

The bill would require that the government appoint counsel for
unaccompanied children during immigration proceedings. The bill would
also ensure that these children are informed of this right and have
access to their lawyer even if they are detained by the government.

Sponsored by Senator Mazie Hirono (D-HI) (26

cosponsors- 25 Democrats, 1 Independent)

10/28/2021 Introduced in the Senate by Senator Hirono

10/28/2021 Referred to the Senate Committee on the Judiciary

S. 3157

**To require the Secretary of Labor to conduct a study of the factors
affecting employment opportunities for immigrants and refugees with
professional credentials obtained in foreign countries**

Sponsored by Senator Amy Klobuchar (D-MN) (3

cosponsors- 2 Republicans, 1 Democrat))

11/03/2021 Introduced in the Senate by Senator Klobuchar

11/03/2021 Referred to the Senate Committee on Health, Education, Labor,
and Pensions.

H.R. 5810

**To authorize the transfer to Arizona, New Mexico, and Texas of certain
materials for the construction of the border wall**

Sponsored by Representative Beth Van Duyne (R-Texas) (0

cosponsors)

11/02/2021 Introduced in the House by Representative Van Duyne

11/02/2021 Referred to the House Committees on Homeland Security,
Transportation and Infrastructure, and Oversight and Reform

H.R. 5831

**Protect Communities from a Porous Border Act**

The bill would provide for mandatory detention of undocumented
immigrants who appear in domestic and international criminal databases.
It would also require the federal government to notify governors before
releasing undocumented immigrants into their states. The bill would also
provide governors with the ultimate authority to reject undocumented
immigrants from being released into their states.

Sponsored by Representative Jodie Arrington (R-Texas) (25

cosponsors- 25 Republicans, 0 Democrats)

11/03/2021 Introduced in the House by Representative Arrington

11/03/2021 Referred to the House Committee on the Judiciary

H.R.5854

**Illegal Immigration Payoff Prohibition Act**

The bill would block the attorney general from making any settlement
payments to undocumented immigrants that directly arise from entering
the country between ports of entry.

Sponsored by Representative Tom McClintock (R-California) (158

cosponsors- 158 Republicans, 0 Democrats)

11/04/2021 Introduced in the House by Representative McClintock

11/04/2021 Referred to the House Committee on the Judiciary

LEGISLATIVE FLOOR CALENDARThe U.S. Senate will not be in session the
week of November 8, 2021.

The U.S. House of Representatives will be in session for committee work
from Monday, November 8, through Wednesday, November 10, 2021.

**UPCOMING HEARINGS AND MARKUPS**There are no immigration-related
hearings scheduled for the week of November 8, 2021.

THEMES IN WASHINGTON THIS WEEK

****Federal****

****Biden Administration Revokes Metering Policies,**

** Calls for Increase in Asylum Processing at Official Crossing
Points****On November 1, the Biden administration revoked

a Trump-era policy known as metering, which limited the number of asylum
seekers who can be processed each day at designated crossing points
along the U.S.-Mexico border. The memorandum  further instructs

the Customs and Border Protection Office of Field Operations (CBP
OFO) to "consider and take appropriate measures, as operationally
feasible, to increase capacity to process undocumented noncitizens at
Southwest border ports of entry, including those who may be seeking
asylum and other forms of protection."

The document stops short of requiring all asylum seekers to be
immediately processed upon arrival at an official crossing point,
stating that OFO officials must "strive to process all arrivals,
regardless of documentation status, who are waiting to enter, as
expeditiously as possible, based on available resources and capacity."

According to an October 2021 Congressional Research Service report
, the use of metering
policies resulted in migrants waiting for extended periods in squalid
and dangerous conditions on the Mexican side of the border. Metering
policies have also received criticism
 from
immigrant advocates and lawyers who argue that they deny asylum seekers
the legal right to pursue their claims and incentivize attempts to cross
the border between ports of entry without authorization. CBP did not
assist in managing or organizing the list of asylum seekers waiting to
cross, and in many cases
,
it was the migrants themselves who kept a handwritten metering list.

****Legal****

****Biden Administration Considers Settlement for Families Separated at
the Border****On October 28, the Wall Street Journal reported

that the Biden administration is considering whether to settle a
class-action lawsuit by paying approximately $450,000 per person to
families who were separated under the Trump administration's
"zero-tolerance policy." More than 940 claims

have been filed to date regarding family separation at the border, and
it is estimated that the total financial cost of the settlement could be
$1 billion or more.

The consideration comes as a consequence of a class-action lawsuit

that the American Civil Liberties Union (ACLU) filed against the U.S.
government in 2019, "seeking damages on behalf of thousands of
traumatized children and parents who were forcibly torn from each
other." In an October 27 court filing, ACLU attorneys stated

that they had made "meaningful progress towards a settlement." However,
on November 4, President Biden noted

that the payment amounts cited in the Wall Street Journal report were
"not gonna happen."

The zero-tolerance policy, which was met with widespread criticism from
members of Congress, faith groups, and the general public, resulted in
the separation of more than 3,000 children
 from
their parents in 2018. The Trump administration failed to properly keep
records of those that were separated, and, as of October 7, more than
1,000 separated migrant children have yet to be reunited with their
parents.

On November 4, Rep. Tom McClintock (R-California) introduced the Illegal
Immigration Payoff Prohibition Act

- cosponsored by 158 Republican representatives - which would block
the attorney general from making any settlement payments to undocumented
immigrants that directly arise from entering the country between ports
of entry. Additionally, on November 1, a group of eleven Republican
senators led by Senator Chuck Grassley (R-IA) sent a letter

to President Biden expressing their disagreement with the settlement
negotiations, stating

that "rewarding illegal immigration with financial payments runs counter
to our laws and would only serve to encourage more lawlessness at our
border."

****Supreme Court Rules Certain TPS Recipients are Ineligible for
Permanent Residence****On November 1, the Supreme Court unanimously
ruled

that Temporary Protected Status (TPS) holders cannot become eligible for
green cards if they initially entered the country without authorization.
The case revolved around whether TPS holders should be classified as
nonimmigrants under the Immigration and Nationality Act, and as such,
should be considered "inspected and admitted," regardless of whether
they initially entered the country without authorization.

The decision came three days after the Eighth Circuit federal appellate
court ruled , in a split 2-1
decision, in favor of four TPS applicants who sought to be eligible for
permanent legal residence despite entering the U.S. between official
crossing points. The U.S. Citizenship and Immigration Services (USCIS)
had rejected their green card requests, noting that the migrants had
entered the country without inspection and could not meet the base
requirement to be "inspected and admitted."

****Nominations and Personnel****

****Senate Finance Committee Advances Nomination of Chris Magnus to Lead
CBP****On November 3, the Senate Finance Committee advanced

the nomination of Chief Chris Magnus, President Biden's choice for the
director of U.S. Customs and Border Protection (CBP), in a 15-13 vote.
The committee voted

almost along party lines to bring Magnus closer to a confirmation vote
on the Senate floor. Senator Bill Cassidy (R-Louisiana) was the lone
Republican on the committee to vote in favor of advancing the
nomination.

In expressing his support to Chief Magnus, Senator Ron Wyden (D-Oregon),
Chairman of the Senate Finance Committee, stated

that the chief "shares the view that enforcing our immigration laws and
treating people humanely are not mutually exclusive."

If confirmed, Magnus would be tasked with securing and protecting U.S.
borders, managing and processing arriving migrants and asylum seekers,
and securing the initial transfer of unaccompanied minors from Border
Patrol stations to the Department of Health and Human Services. Magnus
formerly served as police chief of Tucson, Arizona, and his nomination
has drawn support from
law enforcement officials around the country.

GOVERNMENT REPORTS

**Congressional Research Service (CRS):****Adding Countries to the Visa
Waiver Program: Effects on National Security and Tourism**

**, October 27, 2021**This report analyzes the impact of the Visa Waiver
Program (VWP) on U.S. national security and tourism. The VWP -
established in 1986 as a pilot program and made permanent in 2000 -
allows eligible nationals from 39 countries to enter the United States
for stays of fewer than 90 days for tourism or business purposes without
applying for a visa from a U.S. embassy or consulate.

**Congressional Research Service (CRS):****Afghan Eligibility for
Selected Benefits Based on Immigration Status: In Brief**

**, October 27, 2021**This brief explains the differences between
refugees, asylees, Afghan special immigrants, parolees, temporary
protected status (TPS), and deferred enforcement departure (DED). It
also outlines the eligibility - depending on their status - for
Medicaid, Nutrition Assistance Program (SNAP), Temporary Assistance for
Needy Families (TANF), Supplemental Security Income (SSI), and Office of
Refugee Resettlement (ORR) Refugee Benefits.

**Department of Homeland Security - Office of the Inspector General
(OIG**): **Many Factors Hinder ICE's Ability to Maintain Adequate
Medical Staffing at Detention Facilities**

**, October 29, 2021**This report highlights the challenges that U.S.
Immigration and Customs Enforcement (ICE) faces to recruit, hire, and
retain medical staff in its facilities. OIG reports that ICE's inability
to offer competitive pay rates and the cumbersome hiring processes have
affected the agency's ability to attract qualified staff. The report
also notes that reluctance among some medical specialists to treat
detainees has reduced access to specialty care.

**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: 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
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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