Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Thursday,
November 11, 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 - Thursday, November 15, 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. 3134

**Keep Food Local and Affordable Act of 2021**

The bill would implement a temporary stay on the H-2A Adverse Effect
Wage Rate (AEWR) in states with unemployment rates at no higher than 5
percent. It would also allow Governors of states with demonstrated food
price increases of more than 3 percent in the past 12 months to request
their state's AEWR to stay at its 2021 rate. The AEWR informs the rate
of pay received by temporary agricultural workers through the H-2A
program.

Sponsored by Senator Thomas Tillis (R-North Carolina) (0

cosponsors)

11/02/2021 Introduced in the Senate by Senator Tillis

11/02/2021 Referred to the Senate Committee on the Judiciary

S. 3136

**Stop Foreign Interference in Ballot Measures Act**

The bill would prevent non-U.S. citizens from donating money to fund
ballot initiatives and referendums.

Sponsored by Senator Kirsten Gillibrand (D-New York) (0

cosponsors)

11/02/2021 Introduced in the Senate by Senator Gillibrand

11/02/2021 Referred to the Senate Committee on Rules and Administration

S. 3146

**WALL Act of 2021**

The bill would appropriate $25 billion for the continued construction of
border barriers at the U.S.-Mexico border.

Sponsored by Senator Jim Inhofe (R-Oklahoma) (6

cosponsors- 6 Republicans, 0 Democrats)

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

11/03/2021 Referred to the Senate Committee on Finance

S. 3154

**Prohibiting Taxpayer Funded Settlements for Illegal Immigrants Act**

The bill would block the attorney general from making any settlement
payments to undocumented immigrants that were victims of family
separations while in Customs and Border Protection (CBP) detention.

Sponsored by Senator Steve Daines (R-Montana) (28

cosponsors- 28 Republicans, 0 Democrats)

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

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

S. 3160

**Border Accountability, Oversight, and Community Engagement Act**

The bill would establish a commission within the Department of Homeland
Security (DHS) comprised of representatives from northern and southern
border states to develop policy recommendations, evaluate policies, and
improve agent and officer safety. It would also establish the DHS Office
of the Ombudsman dedicated to investigating complaints, identifying
systemic issues, and providing recommendations to improve border and
immigration activities. The bill would also create a border liaison
office within U.S. Customs and Border Protection (CBP), and mandate
certain training and education for CBP officers and agents, such as
community policing practices, lawful use of force and de-escalation
tactics, and history and ethics of asylum law.

Sponsored by Senator Ben Lujan (D-New Mexico) (5

cosponsors- 5 Democrats, 0 Republicans)

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

11/03/2021 Referred to the Senate Committee on Homeland Security and
Governmental Affairs

S. 3182

**Safe Shelters Act of 2021**

The bill would require facilities seeking a shelter grant from the
Office of Refugee Resettlement (ORR) - an office within HHS that is
responsible for the care and placement of unaccompanied children - to
be licensed by the state they are operating in. It would also require
grant applicants to disclose any adverse actions taken against them by a
federal, state, or local government. Additionally, the bill would
require HHS to do its due diligence and collaborate with the appropriate
state agencies and search respective state databases for any derogatory
information concerning the applicant seeking an HHS grant. This is a
companion bill of H.R. 5882
.

Sponsored by Senator Thomas Carper (D-Deleware) (2

cosponsors- 2 Republicans, 0 Democrats)

11/04/2021 Introduced in the Senate by Senator Carper

11/04/2021 Referred to the Senate Committee on Health, Education, Labor,
and Pensions.

S.

**Veteran Deportation Prevention and Reform Act**

The bill would establish the Military Family Immigration Advisory
Committee (MFIAC), which would make recommendations on whether
deportable noncitizen veterans or their family should be granted a stay
of removal, deferred action, parole, or be removed from the country. It
would also direct DHS to determine whether an individual in removal
proceedings is a member of the armed forces, a veteran, or a covered
family member - and if so, to transfer their case materials to the
MFIAC. The bill would also require DHS to establish a program and
application for veterans and their families who were removed from the
United States to be admitted back into the country as lawful permanent
residents.

Sponsored by Senator Alex Padilla (D-California) (10

cosponsors- 9 Democrats, 1 Independent)

11/10/2021 Introduced in the Senate by Senator Padilla

11/10/2021 Referred to the Senate Committee on the Judiciary.

H.R. 5895

**To prohibit payments from the Judgment Fund to aliens who are not
lawful permanent residents**

Sponsored by Representative Eric Crawford (R-Arkansas) (10

cosponsors- 10 Republicans, 0 Democrats)

11/05/2021 Introduced in the House by Representative Crawford

11/05/2021 Referred to the House Committee on the Judiciary

LEGISLATIVE FLOOR CALENDARThe U.S. Senate will be in session the week of
November 15, 2021.

The U.S. House of Representatives will be in session from Monday,
November 15, through Thursday, November 18, 2021.

UPCOMING HEARINGS AND MARKUPS**Oversight of the Department of Homeland
Security**

**Date:**Tuesday, November 16, 2021, at 10:00 am E.T. (Senate Committee
on the Judiciary)

**Location:** 106 Dirksen Senate Office Building, Washington, D.C.

**Witness:**The Honorable Alejandro N. Mayorkas, Secretary, U.S.
Department of Homeland Security

**Federal Government Perspective: Improving Security, Trade, and Travel
at the Southwest Border Ports of Entry**

**Date:**Wednesday, November 17, 2021, at 2:30 pm E.T. (Senate Committee
on Homeland Security and Governmental Affairs)

**Location:** 342/VTC Dirksen Senate Office Building, Washington, D.C.

**Witnesses:**

Diane Sabatino, Deputy Executive Assistant Commissioner, Office of Field
Operations, U.S. Customs and Border Protection

Joe Jeronimo, Deputy Assistant Director, Transnational Organized Crime
Division, Homeland Security Investigations, U.S. Immigration and Customs
Enforcement

Stuart Burns, Assistant Commissioner, Public Buildings Service,
Portfolio Management and Customer Engagement, General Services
Administration

THEMES IN WASHINGTON THIS WEEK

****Federal****

****Congress Approves Bipartisan Infrastructure Bill; Reconciliation
Bill with Immigration Provisions still Pending****On November 5,
Congress passed

a $1.2 trillion bipartisan infrastructure bill after a 228 - 206 vote
in the House of Representatives.
Democrats initially hoped to approve the infrastructure bill along with
a separate, $1.75 trillion budget reconciliation bill

that represents President Biden's Build Back Better (BBB) agenda and
aims to reform the nation's health care, education, climate, tax, and
immigration laws. However, despite negotiations progressing on the BBB
platform, some moderate Democrats were unwilling to support the
reconciliation bill before the Congressional Budget Office (CBO)
releases estimates of the total cost of implementation.

Budget reconciliation is a process
 that
allows Democrats to bypass a potential Republican filibuster in the
Senate and pass budget-related legislation with a simple majority.
Democrats, however, must be careful when writing the legislative text,
as according to the rules of the reconciliation process, all provisions
must be budget-related. A determination of whether planned immigration
reforms can be included falls on the Senate Parliamentarian, who is the
chamber's nonpartisan rules referee. The Parliamentarian has previously
ruled against the inclusion of a path to citizenship in reconciliation
efforts.

In spite of the Parliamentarian's ruling, House Democrats initially
still intended to include a pathway to citizenship in their version of
the BBB package. However, on the week of November 1, a group of moderate
Democrats refused to vote for a bill

that included provisions that had already been overturned by the
Parliamentarian. The current platform instead includes an effort to
offer parole - or temporary protection from deportation and work
authorization - to undocumented individuals who have been in the U.S.
since 2010. Senate Democrats are preparing

to propose this "plan C" of parole before the Parliamentarian.

The current platform also includes provisions to address the green card
backlog by recapturing past unused visas, but the Parliamentarian has
not yet ruled on these proposals either. The CBO is expected to return
cost estimates for the entire package by the week of November 15, at
which point the bill will be brought to the House floor. Even should the
reconciliation pass the House, it would likely require further changes
to get through the Senate. On November 4, Senator Joe Manchin (D-West
Virginia) said

that, "for us to even be talking about immigration without border
security is ludicrous."

****U.S. Admits Just 401 Refugees in October as Administration Continues
to Focus on Resettling Afghan Evacuees****On November 8, the Biden
Administration released
refugee resettlement
data for the month of October.  The U.S. resettled just 401 refugees in
the first month of the new fiscal year, a steep drop from 3,774 in
September. The resettlement pace set in October would lead to a total
refuge resettlement number that would be far behind the 125,000 refugee
ceiling

announced by President Biden in September. The steep decline in October
may be partially a result of Biden failing to sign the official
presidential determination on the refugee admissions ceiling until
October 8, thereby delaying resettlement. Additionally, a focus on
resettling tens of thousands of Afghan parolees from U.S. military bases
may also be contributing to the low totals.

The October resettlement data also reveals just 312 Special Immigrant
Visas were granted
to Afghans in October, a slight increase from the 296 in September but
still far below the peaks in the summer when the administration was
granted over 3,000 SIVs a month. Those still in Afghanistan are unable
to continue their applications and while many of those evacuated under
parole are reportedly eligible for SIVs, very few have been able to
complete their applications from within the U.S. Without official SIV or
refugee status, evacuated Afghans remain on temporary parole and lack a
clear path to permanent residence.

****Report: October Border Data Reveals Decline in
Encounters****According to a November 11 Washington Post report
,
leaked data from Customs and Border Protection (CBP) show that about
160,000 border-crossers were encountered by CBP in October. The number
represents a significant drop

from 192,000 reported in September, and if confirmed would represent the
third consecutive month that border arrests have declined. According to
the report, the decline was partially driven by a steep drop in Haitians
encountered at the border, falling from over 17,000 in September to
approximately 1,000 in October.

The decline in overall encounters may also have been driven by a
multi-month drop
in
arrivals from countries that tend to drive unauthorized migration at the
border, including Mexico, Guatemala and Honduras. However, the
Washington Post report noted that October did see an increase in
crossing from migrants from Venezuela.

****Biden Administration to Mail Court Documents to Migrants Released at
the Border****On November 8, U.S. Immigration and Customs Enforcement
(ICE) launched

Operation Horizon, an effort to send court documents to 78,000
immigrants who had entered the country between ports of entry. Due to an
increase in border encounters in early 2021, Customs and Border
Protection (CBP) officers were not always able to issue traditional
notices to appear (NTAs), which provide migrants instructions to report
to an immigration judge and begin their immigration court proceedings.
While initially the administration planned for these migrants to instead
report to ICE to begin their court cases, the strategy led to long
backlogs at ICE offices and the agency has decided to instead mail out
the NTAs to migrants for whom an address is on record.

The majority of all migrants who arrived at the border - including
many asylum seekers - were immediately returned or deported under a
protocol called Title 42. Unaccompanied children were taken to the
Department of Health and Human Services, processed, and eventually
passed on to family members in the U.S. Others (mostly families, and
accounting for fewer than 10% of all crossers) were processed by CBP and
then released either with documents called Notices to Report (NTRs) or
on parole with an alternative to detention (ATD) like an ankle monitor.

ICE asserts that Operation Horizon will help it commence

"removal proceedings in a timely way" for the migrants with NTRs or on
an ATD. Immigrant advocates, however, worry that many of these notices
will not reach their intended recipients due to clerical errors,
incorrect addresses, or migrants moving location before the deportation
notice arrives. If migrants do not show up to their scheduled court date
with an immigration judge, they could be ruled deportable "in absentia."

****Biden Administration Waives Fees and Streamlines Benefits Processes
for Afghan Evacuees****On November 8, the Department of Homeland
Security (DHS) announced

that it would waive filing fees and streamline the processing of work
authorization and green cards for Afghan nationals paroled into the
United States for humanitarian reasons after the U.S. military
withdrawal. The policy aims to facilitate the resettlement of at least
70,000 Afghans

who have arrived in the United States as part of Operation Allies
Welcome. Secretary of Homeland Security Alejandro Mayorkas said
,
"these actions demonstrate our ongoing commitment to Afghan nationals
who provided valuable assistance to the United States over the past two
decades."

The administration did not waive fees for Afghans applying for
immigration benefits like parole from outside of the country.

On November 10, Reuters reported

among those evacuated from Afghanistan to the U.S. are 1,300
unaccompanied children who arrived without their parents. Many of the
children have been placed with relatives in the U.S., but more than 250
remain in government shelters or foster care. According to two U.S.
officials, the Biden administration is speeding

up the entry process for parents in Afghanistan whose children are
already in the U.S.

****U.S. Officially Reopens Borders to Vaccinated International
Travelers**

** ****On November 8, the United States officially reopened
 its
borders to vaccinated international travelers, allowing families and
friends to reunite and tourists to visit the country on "non-essential"
trips. For more than 18 months, the travel restrictions barred
non-citizens from 33 countries from entering the United States for
non-essential purposes. Additionally, non-essential land and
ferry entry from Canada and Mexico were also restricted, but have now
lifted.

Border communities

and border travel and tourism

businesses are set to rebound after taking a  significant economic hit
during the prolonged border closure.

****DHS Provides H-2A and H-2B Visa Program Eligibility to Six
Additional Countries****On November 9, the Department of Homeland
Security (DHS) added

six new countries to the list of those whose nationals are eligible to
participate in the H-2A and H-2B seasonal guestworker visa programs in
the coming year. The list of 85 countries now includes Bosnia and
Herzegovina, Cyprus, the Dominican Republic, Haiti, Mauritius, and Saint
Lucia. In the announcement, DHS removed Moldova's eligibility for the
H-2A program, which remains effective until January 18, 2022.

The H-2A program allows U.S. employers to bring foreign nationals to the
United States to fill temporary agricultural jobs. The H-2B, on the
other hand, permits employers to hire nonimmigrants to perform temporary
nonagricultural services in the United States.

****4,400 People Become U.S. Citizens amid Veterans Day
Celebrations ****On November 11, amid Veterans Day festivities, more
than 4,400 
members
of the military and their families became U.S. citizens in 90 ceremonies
across the country. In preparation for the ceremonies, USCIS Director Ur
Jaddou said that "USCIS is committed to serving the U.S. military
community by making sure they have meaningful and efficient access to
the immigration benefits they or their families may be entitled to."

Within the last year, USCIS has enacted policy initiatives to facilitate
the naturalization process for current and former U.S. service members
and their families. These initiatives

include virtual naturalization oath ceremonies for eligible military
members stationed overseas and updates of the military naturalization
policy manuals.

**GOVERNMENT REPORTS**There were no immigration-related government
reports from federal agencies released the week of Monday, November 8,
2021.

**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: 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.

**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.

* * *

*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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