Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday,
December 10, 2021 is now posted.

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

All the best,

Arturo 

**LEGISLATIVE BULLETIN - Friday, December 10, 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. 3275

**Sudan Democracy Act**

The bill would revoke and prohibit the issuance of any type of visas to
individuals engaged in actions that undermine the transition to
democracy or threaten the peace, security, and stability of Sudan.

Sponsored by Senator Christopher Cloons (D-Deleware) (0

cosponsors)

11/29/2021 Introduced in the Senate by Senator Cloons

11/29/2021 Referred to the Senate Committee on Foreign Relations

S. 3312

**To analyze the impacts of establishing U.S. Customs and Border
Protection Preclearance facilities in Taiwan and in other Indo-Pacific
countries**

Sponsored by Senator Josh Hawley (R-Missouri) (6

cosponsors- 6 Republicans, 0 Democrats)

12/02/2021 Introduced in the Senate by Senator Hawley

12/02/2021 Referred to the Senate Committee on Homeland Security and
Governmental Affairs

S. 3329

**To reauthorize the U.S. Customs and Border Protection Donations
Acceptance Program**

Sponsored by Senator John Cornyn (R-Texas) (2

cosponsors- 2 Democrats, 0 Republicans)

12/07/2021 Introduced in the Senate by Senator Cornyn

12/07/2021 Referred to the Senate Committee on Homeland Security and
Governmental Affairs

H.R. 6095

**Lebanon TPS Act of 2021**

The bill would protect Lebanese nationals currently residing in the
United States from deportation by granting them Temporary Protected
Status (TPS) amid Lebanon's ongoing humanitarian, political and
financial crisis.

Sponsored by Representative Rashida Tlaib (D-Michigan) (11

cosponsors- 11 Democrats, 0 Republicans)

11/30/2021 Introduced in the House by Representative Tlaib

11/30/2021 Referred to the House Committee on the Judiciary and the
Committee on the Budget

H.R. 6120

**Securing American Families from Exploitation at the Border Act (SAFE
Border Act)**

The bill would transfer $75 million of unobligated border construction
funds that have gone unused by the Biden Administration to the Federal
Emergency Management Agency (FEMA) to establish a Southern Border
Landowner Security Grant Program. This grant program would provide
compensation to landowners who have experienced property damage, theft,
or other losses caused by undocumented migrants near the U.S.-Mexico
border.

Sponsored by Representative Stephanie Bice (R-Oklahoma) (11

cosponsors- 11 Republicans, 0 Democrats)

12/02/2021 Introduced in the House by Representative Bice

12/02/2021 Referred to the House Committee on Homeland Security and the
Committee on Appropriations

H.R. 6198

**To increase support for Afghan special immigrant visa and refugee
applicants**

Sponsored by Representative Elissa Slotkin (D-Michigan) (0

cosponsors)

12/08/2021 Introduced in the House by Representative Slotkin

12/08/2021 Referred to the House Committee on the Judiciary and the
Committee on Foreign Affairs

LEGISLATIVE FLOOR CALENDARThe U.S. Senate will be in session the week of
Monday, December 13, 2021.

The U.S. House of Representatives will not be in session the week of
Monday, December 13, 2021.

UPCOMING HEARINGS AND MARKUPSThere are no immigration-related hearings
scheduled for the week of Monday, December 13, 2021.

THEMES IN WASHINGTON THIS WEEK

**Federal**

**Details Released About Biden Administration's Efforts to Reunite
Migrant Families Separated Under Trump**

On December 6, an Axios report

revealed that the Biden administration's Family Reunification Task Force
has so far reunited 63 families separated under former President Trump's
"zero tolerance"

policy. The Task Force has identified the locations of 221 additional
migrant children that were separated from their parents between 2017 and
2021 and it is moving to reunite them. According to the report, the
identification of migrant children was achieved thanks to a website
- set up by the task force - where
separated families can sign up for reunification. Despite this progress,
these numbers represent only a small fraction of the at least 1,443
children who remain separated from their families.

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 3,900

children from their parents in 2018. The American Civil Liberties Union
(ACLU) has filed

a class-action lawsuit against the government, "seeking damages on
behalf of thousands of traumatized children and parents who were
forcibly torn from each other." Several

reports

indicate the administration is engaged in negotiations involving a
potential settlement.

**Biden Administration Indicates it Will Deny Humanitarian Parole to
Afghans Left Behind**

According to a December 6 Axios report
,
the U.S. has begun issuing denials to vulnerable Afghans hoping to
access protection in the United States through the humanitarian parole
process. The report indicates the administration is adopting an
unusually strict standard

for assessing the claims, which have skyrocketed since Afghanistan fell
to the Taliban in August.

Humanitarian parole is a discretionary authority that allows eligible
individuals entry into the United States without an official visa and
provides temporary protection from deportation. It is reserved for those
with an urgent humanitarian need, including

those in harms way due to generalized violence. However, the standard
used to adjudicate recent Afghan parole applications appears to require

"documentation from a third-party source specifically naming the
beneficiary, and outlining the serious harm they face." Advocates and
immigration lawyers fear this standard of documentation will be
impossible to meet for most at-risk Afghans.

The administration previously used a special parole program to protect
and resettle tens of thousands of at-risk Afghans during a two-week
airlift following the fall of Kabul to the Taliban, but it did not
extend that program to those left behind in the country hoping to
escape. Instead, Afghans left behind - including many who may have
worked for or on behalf of U.S. efforts - were forced to apply through
the general humanitarian parole process. This process costs $575 dollars
per individual and requires applicants to escape to a third country to
undergo thorough screening and background checks.

The U.S. Citizenship and Immigration Services (USCIS) department
responsible for adjudicating the claims typically receives 2,000 parole
requests a year. This year it has already received

over 30,000, as other avenues for protection like refugee status or the
Special Immigrant Visa (SIV) process are severely backlogged or
inaccessible.

**DHS Officials Advised Against Deportations of Haitians Fearing
Violation of Human Rights**

On December 6, a Buzzfeed report

revealed that an internal memo from the DHS's Office for Civil Rights
and Civil Liberties warned Immigration and Customs Enforcement (ICE) and
Customs and Border Protection (CBP) officials that deporting Haitians
risked violating U.S. human rights obligations. According to the August
31 memo, Haiti's violence, political instability, and the recent
earthquake had the potential to increase risks to deportees. Hence,
deporting Haitians would violate the international principle of
non-refoulement.

Despite the concerns raised in the memo, the Biden administration has
deported

over 11,200 Haitians since September on over 80 deportation flights.
Most of the Haitians have been deported under the continued use of the
Title 42 public health authority
,
which the Biden administration has used to deport hundreds of thousands
of migrants without providing them access to immigration court
proceedings or to seek asylum under U.S. law.

**Legal**

**Biden Administration Recognizes Immigration Judges Union**

On December 7, the Department of Justice (DOJ) reached an agreement

to recertify the National Association of Immigration Judges (NAIJ), a
union that represents more than 500 immigration judges in the country.
As part of the agreement, the NAIJ agreed

to withdraw complaints against the DOJ alleging unfair labor practices.
The agreement was reached more than two years after the Trump
administration rescinded

NAIJ's certification, claiming that its members were "management
officials" who made policy and therefore not eligible to form a union.

Judge Mimi Tsankov, president of the union, expressed her satisfaction
with the agreement and stated

that "NAIJ has represented immigration judges for 42 years and with this
settlement, we can continue to negotiate collective bargaining
agreements for and to be a voice for those who adjudicate immigration
decisions now and into the future."

**Nominations and Personnel**

**Senate Confirms Chief Chris Magnus as U.S. Customs and Border Head**

On December 7, the Senate confirmed

Tucson Police Chief Chris Magnus as commissioner of U.S. Customs and
Border Protection (CBP) on a 50-47 vote. The Senate voted largely along
party lines, with Senators Bill Cassidy (R-Louisiana) and Susan Collins
(R-Maine) as the two Republicans to support his confirmation. Senators
James Lankford (R-Oklahoma), Tom Cotton (R-Arkansas), and Patrick Leahy
(D-Vermont) were not present for the vote.

Magnus's confirmation received plaudits from U.S. law enforcement and
national security officials. Chelsea Police Chief Bryan Kyes stated
that "Chief Magnus has
been a longtime advocate for fair and humane immigration policies. He
understands the importance of community trust and cooperation to ensure
public safety and will bring this perspective to Customs and Border
Protection." The Council on National Security and Immigration (CNSI), a
coalition of national security leaders, issued a statement
praising the Senate for
moving forward with the confirmation.

Among other duties as CBP Commissioner, Chief Magnus will be in charge
of 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.

**State & Local**

**South Portland, Maine, Elects First Somali-American Mayor in the
U.S.**

On December 6, Deqa Dhalac - a Somali-American woman who fled civil
war in Mogadishu 31 years ago - made history

as she became the first Somali-American Mayor in the United States.
South Portland's city councilors elected her in a unanimous vote,
praising Dhalac for her dedication to the community and thoughtful
consideration of issues. Dhalac says

her election shows what can be accomplished when people find ways to
connect with each other instead of putting up walls. She stated that she
hopes her election as mayor will inspire others to follow in her
footsteps. "I'm really proud of the fact that I'm going to be opening a
lot of paths for other folks who look like me," Dhalac said.

GOVERNMENT REPORTS

**U.S. Customs and Border Protection (CBP):****Report on Internal
Investigations and Employee Accountability: Fiscal Year 2020**

**; December 4, 2021**

This CBP report describes the process of internal investigations for
cases of corruption and misconduct within CBP's workforce. It provides
key statistics on the intake, investigative activity, and discipline
taken against CBP employees for the period between October 1, 2019 and
September 30, 2020. According to the report, 201 CBP agents and
officials were arrested for misconduct in fiscal year 2020. Less than 2%
of those complaints resulted in agents being removed from their posts
and less than 4% lost their jobs.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM
RESOURCES****Explainer: Humanitarian Parole and the Afghan Evacuation**

This resource explains what parole is, describes the eligibility
requirements and vetting procedures currently in place
for Afghan parolees, and discusses what benefits parolees receive
when they arrive in the US The explainer also
discusses the options available for those at risk who have been left
behind in Afghanistan, as humanitarian parole can also be accessed by
those who are able to escape on their own to third countries.

**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.

* * *

*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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