Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday,
January 14, 2022 is now posted.

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

[link removed]

All the best,

Arturo 

**LEGISLATIVE BULLETIN - Friday, January 14, 2022**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. 3433

**Honor Our Commitment Act of 2021**

The bill would require the Secretary of State to develop a strategy to
facilitate the application processes of Afghan nationals for special
immigrant visas (SIVs) and referral to the United States Refugee
Admissions Program. The bill would further require the Secretary of
State to develop a secure evacuation plan for SIV and P-2 Refugee
applicants.

Sponsored by Senator Richard Blumenthal (D-Connecticut) (3

cosponsors- 2  Republicans, 1 Democrat)

12/17/2021 Introduced in the Senate by Senator Blumenthal

12/17/2021 Referred to the Senate Committee on Foreign Relations

S. 3452

**To ensure that State and local law enforcement may cooperate with
Federal officials to protect our communities from violent criminals and
suspected terrorists who are illegally present in the United States**

Sponsored by Senator Patrick Toomey (R-Pennsylvania) (0

cosponsors)

01/10/2022 Introduced in the Senate by Senator Toomey

01/10/2022 Placed on the Senate Legislative Calendar

S. 3453

**To prohibit the payment of certain legal settlements to individuals
who unlawfully entered the United States**

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

cosponsors- 2  Republicans, 0 Democrats)

01/10/2022 Introduced in the Senate by Senator Tillis

01/10/2022 Placed on the Senate Legislative Calendar

S. 3462

**To require U.S. Immigration and Customs Enforcement to take into
custody certain aliens who have been charged in the United States with a
crime that resulted in the death or serious bodily injury of another
person**

Sponsored by Senator Joni Ernst (R-Iowa) (0

cosponsors)

01/10/2022 Introduced in the Senate by Senator Ernst

01/10/2022 Placed on the Senate Legislative Calendar

S. 3467

**To withhold United States contributions to the United Nations Relief
and Works Agency for Palestine Refugees in the Near East (UNRWA)**

Sponsored by Senator James Risch (R-Idaho) (6

cosponsors- 6  Republicans, 0 Democrats)

01/10/2022 Introduced in the Senate by Senator Risch

01/10/2022 Placed on the Senate Legislative Calendar

H.R. 6367

**Guaranteeing Ukrainian Autonomy by Reinforcing its Defense (GUARD) Act
of 2021**

The bill would prohibit the issuance of any type of visas to corporate
officers responsible for the planning, construction, or operation of the
Nord Stream 2 pipeline or a successor entity. This is a companion bill
of S. 3407
.

Sponsored by Representative Michael McCaul (R-Texas) (16

cosponsors- 16  Republicans, 0 Democrats)

01/10/2022 Introduced in the House by Representative McCaul

01/10/2022 Referred to the House Committees on Foreign Affairs, the
Judiciary, and Armed Services, and Rules

H.R. 6378

**To require the Secretary of Homeland Security to notify the Governor
of a State prior to the date on which any alien without lawful status
under the immigration laws is transported to, housed in, or resettled in
such State**

Sponsored by Representative Mo Brooks (R-Alabama) (0

cosponsors)

01/12/2022 Introduced in the House by Representative Brooks

01/12/2022 Referred to the House Committee on the Judiciary

**LEGISLATIVE FLOOR CALENDAR**The U.S. Senate and the U.S. House of
Representatives will be in session from Tuesday, January 18, through
Friday, January 21, 2022.

UPCOMING HEARINGS AND MARKUPS**Hearing: For the Rule of Law, An
Independent Immigration Court**

**Date:**Thursday, January 20, 2022, at 2:00 pm E.T. (Senate Committee
on the Judiciary)

**Location:** Zoom Video Webinar

**Witnesses:** TBD

**Hearing: Costa Rica, the Dominican Republic, and Panama: A New
Alliance for Promoting Democracy and Prosperity in the Americas**

**Date:**Thursday, January 20, 2022, at 11:00 am E.T. (House Committee
on Foreign Affairs)

**Location:** Virtually via Cisco WebEx

**Witnesses:**

Mr. Jason Marczak, Senior Director, Adrienne Arsht Latin America Center
Atlantic Council

Dr. Laura Alfaro, Warren Alpert Professor of Business Administration,
Harvard Business School

Mr. Daniel F. Runde, Senior Vice President and Director, Americas
Program Center for Strategic and International Studies

THEMES IN WASHINGTON THIS WEEK

****Federal****

****Lowest Level of Net International Migration to the US in Decades
Impacts Worker Pool****On December 21, the U.S. Census Bureau reported

that net international migration (NIM) to the U.S. between 2020 and 2021
added only 247,000 to the nation's population, the lowest level in
decades. That number represents a significant drop

from the 2015-2016 peak of 1,049,000 immigrants. This most recent data
is also lower than the 477,000 added between 2019 and 2020. The agency's
report further highlights that Florida, Texas, New York, California, and
Massachusetts - states which typically gain the most migrants from
abroad and comprise about half of all international migration - saw
decreases in NIM between 2015 and 2021, including a nearly 50% drop from
2020 to 2021. California experienced the most significant decline of
these states, dropping from 148,000 in 2015 to 15,000 in 2021.

Such low immigration levels have added pressure to the widescale worker
shortages

that the United States is currently undergoing. On January 12, Suzanne
Clark, CEO of the U.S. Chamber of Commerce, stated

that to grow the U.S. economy and remain competitive, the U.S. has to
implement immigration reforms to increase the workforce. She stressed

that the country "must double the number of people legally immigrating
to the U.S. and we must create a permanent solution for Dreamers."

****December Refugee and SIV Data Reveal Slight Decline in
Admissions****On January 11, the State Department released
 refugee
resettlement data for the month of December. The U.S. resettled 1,227
refugees in the third month of the new fiscal year (FY), a moderate
decline from the 1,639 refugees resettled in November. The decrease in
November could be partially a result of the Biden administration's
decision to curtail

the traditional refugee resettlement program from October 29 through
January 11, 2022, to prioritize resettling Afghan evacuees. The current
resettlement pace would lead to a total of only 13,072 refugees
resettled in all of FY 2022. That number continues to lag far behind the
refugee ceiling of 125,000 announced by President Biden in September.

Syrian nationals continue to make up a significant portion of the
overall resettled refugees. With 293 Syrian refugees resettled in
December, the total number this fiscal year reached 816, more than any
other country of origin. The released data also reveals that the U.S.
has experienced a sharp uptick in refugees from Central America over the
last couple of months, including 146 refugees from Guatemala, Honduras,
and El Salvador resettled in December.

The December resettlement data also reveals

that just 310 Special Immigrant Visas were granted to Afghans in
November, a marginal decrease from 336 in November. These numbers are
still far below summer peaks prior to the Kabul evacuation when the
administration granted over 3,000 SIVs a month. Those still in
Afghanistan have not been provided a path to safety to continue their
applications and while many of those evacuated under parole is
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.

****Legal****

****Supreme Court Weighs Whether Detained Immigrants Have a Right to
Bond Hearings****On January 11, the Supreme Court heard

arguments over whether immigrants who have been detained after
attempting to return for a second time to the U.S. without authorization
are entitled to bond hearings. The legal question arose in two cases

-  Johnson vs. Arteaga-Martinez and Garland vs. Gonzalez - in which
the Department of Justice (DOJ) asked the Supreme Court to overturn
decisions by judges in California and Pennsylvania, who ruled such
immigrants deserve a bond hearing if they have detained for more than
six months. The judges had argued that some of the detainees feared they
would be subjected to violence and torture if sent home, and it could
take a year or more to resolve their legal claims. In such cases, they
said, the immigrants should have a chance to be released if they are not
likely to flee and represent no danger to public safety. The DOJ,
however, argue
d
that the law states immigrants in this category are to be held
indefinitely until they are deported.

The Trump administration initially appealed in 2020, and the Supreme
Court agreed to hear the cases

last summer. The Biden administration's DOJ took up the defense of
the Trump administration's position in both cases.

****Biden Administration Argues Families Separated at Border Are Not
Entitled to Compensation****On January 12, the Department of Justice
argued

in federal court that immigrant families separated at the border under
the Trump administration's zero-tolerance policy are not entitled to
financial damages, and their cases should be dismissed. The DOJ
emphasized that the Biden administration does not condone the
intentional separation of children from their parents at the border.
They argue, however, that the U.S. government has leeway when it comes
to managing immigration and is immune from such legal challenges. The
Justice Department outlined its position in the government's first court
filings since settlement negotiations broke down

in mid-December.

The settlement negotiations had been part of a legal strategy to settle
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." More than 940 claims have been filed to date regarding Trump-era
family separation at the border.

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 2017 and 2018. The Trump administration
failed to properly keep records of those that were separated. As of the
latest progress report of the Family Reunification Task Force released
on November 29, more than 1,703

separated migrant children had yet to be reunited with their parents.

****Local****

****RNC Challenges New York City Law that Allows Noncitizens to Vote in
Municipal Elections****On January 10, the Republican National Committee
(RNC) filed a lawsuit

in the Staten Island Supreme Court challenging the constitutionality of
a recently-passed New York City law that allows noncitizen residents to
vote in municipal elections. RNC Chairwoman Ronna McDaniel justified the
lawsuit in a statement

declaring that "American elections should be decided by American
citizens."

The lawsuit was filed after the New York City Council passed

a bill on December 9 that allows more than 800,000 noncitizen New
Yorkers to vote in municipal elections and for local ballot initiatives.
The right of suffrage for noncitizens, however, is limited under the
bill to green card holders and immigrants with valid employment
authorization documents who have lived in the city for at least 30
consecurtive days. Noncitizens are still restricted from participating
in federal and state elections under the bill, which was signed into law
by Mayor Eric Adams on January 9.

GOVERNMENT REPORTS

**U.S. Customs and Border Protection:** **Fiscal Year 2020 Entry/Exit
Overstay Report**

**; September 30, 2021**This report from U.S. Customs and Border
Protection provides data on departures and overstays of foreign visitors
to the U.S. in Fiscal Year (FY) 2020 (October 1, 2019 - September 30,
2020). The report defines an overstay as a nonimmigrant legally admitted
into the United States who has remained in the United States beyond the
authorized period of admission. According to the report, CBP recorded
46,195,116 in-scope nonimmigrant admissions to the United States and
calculated a total overstay rate of 1.48 percent, or 684,499 individuals
who overstayed their admission period.

**Congressional Research Service (CRS):****Department of Homeland
Security Appropriations: FY2022**

**; January 7, 202**

**2**This report from the Congressional Research Service (CRS) provides
an overview and analysis of FY2022 funding for DHS.

**Government Accountability Office (GAO): ****Information on Deferred
Action for Childhood Arrivals**

**; January 12, 2022**This GAO report highlights that U.S. Citizenship
and Immigration Services (USCIS) provided information about 900 cases of
denied DACA requests to immigration enforcement agencies between June
2012 and June 2021. The information was shared despite USCIS's 2012
guidance that highlighted that it would not proactively provide
information from denied DACA requests to immigration enforcement
agencies.

**Department of Homeland Security - Office of the Inspector General
(OIG**)

**:****Medical Processes and Communication Protocols Need Improvement at
Irwin County Detention Center**

**, January 3, 2022**This DHS OIG report highlights that the medical
processes, policies, and procedures in place at the Irwin County
Detention Center (ICDC) in Ocilla, Georgia, are inappropriate. It also
highlights deficiencies regarding the facility's health assessments,
medication administration, sick calls, health records, program
administration, emergency care, and women's health. The report also
notes that ICDC did not adequately keep facility employees, ICE staff,
and detainees informed of COVID-19 protocols and guidance.

**Department of Homeland Security - Office of the Inspector General
(OIG**)

**:****USCIS' U Visa Program is Not Managed Effectively and is
Susceptible to Fraud**

**, January 6, 2022**This DHS OIG report concerns the U visa program,
which was created to protect victims and help law enforcement
investigate and prosecute serious crimes. The report finds deficiencies
in the management of the program and notes that USCIS has not fully
addressed U visa program fraud risks. It further states that USCIS has
not established quantifiable and measurable performance goals to ensure
the U visa program achieves its intended purpose, has not ensured its
data systems accurately capture the number of U visas granted, and has
failed to manage the growing backlog of petitions.

**Department of Homeland Security - Office of the Inspector General
(OIG**)

**:****Trusted Traveler Revocations for Americans Associated with the
2018-2019 Migrant Caravan**

**, January 8, 2022**This DHS OIG report describes CBP's revocation of
Trusted Traveler Program (TTP) memberships of two U.S. citizens due to
their association with the migrant caravan in 2019. The report concludes
that CBP's process for revoking the membership raises concerns that
such decisions can be based on inaccurate or unsubstantiated
information.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES****Fact Sheet:
Deferred Action for Childhood Arrivals (DACA)**
This
resource provides information about the Deferred Action for Childhood
Arrivals (DACA) policy. It also describes how DACA recipients
strengthen the United States and why Dreamers are still in need of a
permanent solution.

**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.

**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.

* * *

*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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