Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday,
February 4, 2022 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, February 4, 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**

H.R. 4521

**America Creating Opportunities for Manufacturing, Pre-Eminence in
Technology and Economic Strength (America COMPETES) Act of 2022**

The bill includes numerous provisions designed to boost American
competitiveness and represents the House counterpart to the
Senate-passed United States Innovation and Competitiveness Act.
Concerning immigration, the bill would establish a new class of
nonimmigrant visas (W) for international entrepreneurs and essential
employees affiliated with start-up entities. The bill would also exempt
from annual green card limits individuals with PhDs in STEM fields. The
bill also includes provisions designed to protect refugees from Hong
Kong and the Xinjiang Uyghur Autonomous Region (XUAR) who have been
persecuted in China.

Sponsored by Representative Eddie Bernice Johnson (D-Texas) (101

cosponsors- 100 Democrats, 1 Republican)

07/19/2021 Introduced in the House by Representative Johnson

07/19/2021 Referred to the House Committees of Science, Space, and
Technology, Agriculture, Energy and Commerce

01/28/2022 Reported (Amended) by the Committee on Science, Space, and
Technology

2/4/2022 Passed by the House of Representatives by a vote of 222-210.

H.R. 6484

**Sanctions Targeting Aggressors of Neighboring Democracies (STAND) with
Taiwan Act of 2022**

The bill would prohibit the issuance of any type of visas to any member
of the Chinese Communist Party. This is a companion bill of S. 3526

Sponsored by Representative Mike Gallagher (R-Wisconsin) (0

cosponsors)

01/25/2022 Introduced in the House by Representative Gallagher

01/25/2022 Referred to the House Committees on Foreign Affairs,
Financial Services, Ways and Means, Rules, and the Judiciary

H.R. 6492

**Climate Resilience Workforce Act**

The bill would provide employment authorization to all immigrant workers
employed in climate resilience sectors. Such workers - defined as
Certified Climate Resilience Workers (CRW) - would be allowed to work
for two years in the U.S. with the possibility of extending their
authorization for ten years. In addition, CRW would provide a pathway
for permanent residence for immigrants who have had CRW status for at
least 18 months.

Sponsored by Representative Pramila Jayapal (D-Washington) (32

cosponsors- 32 Democrats, 0 Republicans)

01/25/2022 Introduced in the House by Representative Jayapal

01/25/2022 Referred to the House Committees on Education and Labor,
Energy and Commerce, Oversight and Reform, the Judiciary, Transportation
and Infrastructure, Ways and Means, Agriculture, Natural Resources, and
Financial Services.

H.R. 6522

**Stop the Betrayal Act of 2022**

Sponsored by Representative Ashley Hinson (R-Iowa) (29

cosponsors- 29 Republicans, 0 Democrats)

The bill would prohibit the use of federal funds to transport
undocumented immigrants.

01/28/2022 Introduced in the House by Representative Hinson

01/28/2022 Referred to the House Committee on the Judiciary

H.R. 6577

**Real Courts, Rule of Law Act of 2022**

The bill would establish an immigration court system independent from
the Department of Justice. The bill would restructure the current
immigration court system under Article I of the constitution. It would
also allow for the appointment of temporary judges and create temporary
court facilities, and it would allow immigration judges to impose fines
for contempt of court.

Sponsored by Representative Zoe Lofgren (D-California) (2

cosponsors- 2 Democrats, 0 Republicans)

02/03/2022 Introduced in the House by Representative Lofgren

02/03/2022 Referred to the House Committee on the Judiciary

S. 3536

**Crime Doesn't Fly Act of 2022**

The bill would prohibit the Transportation Security Administration (TSA)
from accepting warrants for the arrest of immigrants as valid proof of
identification at airport security checkpoints. This is a companion bill
of H.R. 6495
.

Sponsored by Senator Steve Daines (R-Montana) (2

cosponsors- 2 Republicans, 0 Democrats)

01/31/2022 Introduced in the Senate by Senator Daines

01/31/2022 Referred to the Senate Committee on Commerce, Science, and
Transportation

S. 3538

**Eliminating Abusive and Rampant Neglect of Interactive Technologies
(EARN IT) Act of 2022**

The bill would establish the National Commission on Online Child Sexual
Exploitation Prevention. It would also make deportable any immigrant
convicted of distributing child sexual abuse material. This is a
companion bill of H.R. 6544
.

Sponsored by Senator Lindsey Graham (R-South Carolina) (19

cosponsors- 10 Republican, 9 Democrats)

01/31/2022 Introduced in the Senate by Senator Graham

01/31/2022 Referred to the Senate Committee on the Judiciary

**LEGISLATIVE FLOOR CALENDAR**

The U.S. Senate will be in session the week of Monday, February 7, 2022.

The U.S. House of Representatives will be in session from Monday,
February 7, through Wednesday, February 9, 2022.

**UPCOMING HEARINGS AND MARKUPS**

**Hearing: To Review Farm Policy with Undersecretary Robert Bonnie**

**Date:** Tuesday, February 8, 2022, at 10:00 am E.T. (House Agriculture
Committee)

**Location:** Virtual hearing

**Witnesses:**

Mr. Robert Bonnie, Undersecretary of Agriculture for Farm Production and
Conservation

**Hearing: Data Challenges Impacting Human Trafficking Research and
Development of Anti-Trafficking Technological Tools**

**Date:** Tuesday, February 8, 2022, at 10:00 am E.T. (House Committee
on Science, Space, and Technology)

**Location:** Virtual hearing

**Witnesses:**

Dr. Gretta Goodwin, Director, Homeland Security and Justice, U.S.
Government Accountability Office

Dr. Louise Shelley, Omer L. and Nancy Hirst Endowed Chair and University
Professor, Director, Terrorism, Transnational Crime and Corruption
Center, George Mason University

Ms. Theresa Harris, Interim Program Director, Scientific Responsibility,
Human Rights and Law Program, American Association for the Advancement
of Science

Ms. Hannah Darnton, Associate Director, Ethics, Human Rights, and
Technology, Business for Social Responsibility, Secretariate of Tech
Against Trafficking

**Hearing to examine Afghanistan, focusing on the humanitarian crisis
and U.S. response**

**Date:** Wednesday, February 9, 2022, at 02:30 pm E.T. (Senate
Committee on Foreign Relations)

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

**Witnesses:**

The Right Honorable David Miliband, President and Chief Executive
Officer of International Rescue Committee

Mr. Graeme Smith, Senior Consultant, International Crisis Group

**Hearing to examine the health care workforce shortage, focusing on
recruiting, revitalizing and diversifying**

**Date:** Thursday, February 10, 2022, at 10:00 am E.T. (Senate
Committee on Health, Education, Labor, and Pensions)

**Location:** 430 Dirksen Senate Office Building, Washington, D.C

**Witnesses:**

Ms. Margaret Flinter, Senior Vice President and Clinical Director,
Community Health Center Inc

Mr. Reynold Verret, President, Xavier University of Louisiana

Ms. Norma Quinones, Nursing Services Manager and National Institute for
Medical Assistant Advancement (NIMAA) Site Coordinator

Ms. Rachel Greszler, Research Fellow in Economics, Budget and
Entitlements, Institute for Economic Freedom and Opportunity, The
Heritage Foundation

**THEMES IN WASHINGTON THIS WEEK**

****Federal****

****DHS Report Reveals 36,000 Afghan Evacuees Lack Pathway to Permanent
Legal Status in the U.S.****On January 28, the Department of Homeland
Security (DHS) submitted a report

to Congress on those who have been evacuated under Operation Allies
Welcome - a government effort to evacuate and resettle Afghan allies
and others at risk following the U.S. withdrawal from Afghanistan and
the subsequent fall of Kabul to the Taliban. The report revealed

that of the 82,015 total Afghans who have been evacuated, at least
36,433 lack any clear pathway to access permanent legal status.

Due to the inadequacy of other humanitarian pathways in the context of
an emergency evacuation, the majority of those evacuated were vetted and
then brought to the U.S. under humanitarian parole
,
which - unlike refugee or asylum status - does not automatically
confer a path to a green card or citizenship. Afghan parolees are
granted just two years of protection from deportation, and many will
remain in legal limbo unless Congress passes legislation to regularize
their immigration status. Many veteran groups and immigration advocates
have called

for the passage of an Afghan Adjustment Act

to provide evacuees a path to permanent status.

According to the report, the group of 36,433 who lack a path to
permanent status include

family members of U.S. citizens, family members of those who have
applied for or are eligible for Special Immigrant Visa (SIV)

status, and those who would be eligible for refugee status but can no
longer apply for it as they are currently in the U.S.

The report also reveals that 36,821 evacuees have either applied for or
are eligible for SIV status due to their work in support of U.S.
military and diplomatic efforts in Afghanistan. This group may also
struggle to access permanent status, as the SIV process is heavily
backlogged and approvals have slowed dramatically
after the
evacuation.

****Biden Administration Sends Venezuelan Migrants to Colombia Under
Title 42****According to a January 31 report
,
the U.S. has begun deporting Venezuelans detained along the U.S.
southern border to Colombia under a public health order called Title 42.
The new policy applies to Venezuelans who lived in Colombia briefly
before traveling to the U.S. and comes amid growing numbers of
Venezuelan migrants who are arriving at the U.S.-Mexico border in recent
months. Venezuela has refused to accept Title 42 deportation flights,
causing the administration to attempt to find a work-around.

Advocacy groups and international organizations have widely criticized
 the
use of Title 42 to rapidly expel migrants without providing an
opportunity to make a case for asylum. They argue
 that
deportations under Title 42 fail to uphold the fundamental human
rights of migrants and that there is no longer a viable public health
rationale for its use. Moreover, public health experts, including the
President's Chief Medical Advisor Dr. Anthony Fauci, have stated
 that
policies like Title 42 are "not the solution to an outbreak."

In 2021, migrants fleeing persecution in Venezuela were among the most
likely to have
successful asylum claims in U.S. immigration court when compared to
other countries of origin, with 73% of Venezuelan applicants granted
protection.

On February 3, the Biden administration announced

that Title 42 would remain in place after a Center for Disease Control
and Prevention (CDC) review.

****USCIS Director Makes Case for Additional Funding to Tackle Agency's
Backlog****On February 2, U.S. Citizenship and Immigration Services
(USCIS) Director Ur Jaddou acknowledged

the agency's mounting backlogs and made the case for increased
appropriations to tackle delays in providing immigration benefits and
adjustments. USCIS - the federal agency that processes green cards,
visas, and employment authorization documents for immigrants - has
struggled in the last years with a backlog that has recently risen to
over 8 million pending
applications.

Pending employment authorization applications have increased from
676,000 in March 2020 to 1.4 million as of October 2021, and citizenship
application-processing times increased from an average of nine months in
2019 to approximately a full year. Additionally, there are
 281,259
pending Temporary Protected Status applications, 412,796 pending
applications for asylum, and 770,386 pending green card applications.

According to Director Jaddou, appropriations

are critical to the long-term success of the agency. She stressed that
"USCIS must continue to receive appropriations to meet the increasing
demand for many of our humanitarian benefits." While the agency is
primarily fee-funded, Congress allocated

almost $128 million for USCIS in fiscal year 2021. For 2022, Senate
Democrats have proposed appropriating the agency $345 million to address
backlogs, while House appropriators have suggested giving the agency
$474 million.

****New Report: Black Immigrant Population Grows in the US****A Pew
Research report

published on January 27 found that 12% of Black people in America are
foreign-born, and 21% are immigrants or descendants of recent
immigrants. Predictive models indicate that by 2060

around a third of the U.S. Black population will be foreign-born if
current trends continue. A February 1 Axios report

highlighted that the U.S. Black immigrant population has increased by
475%

in the last 40 years and that 58% of Black immigrants migrated to the
U.S. after 2000.

Immigration from Africa accounts for the fastest growth in the Black
immigrant population, while the Caribbean remains the largest region of
origin. 88%

of Black foreign-born people in the U.S. in 2019 migrated from Africa or
the Caribbean. While Black immigrants from Central America and Mexico
constituted the majority of U.S. Black immigration between 2000 and
2019, this proportion has decreased to 19%. Haiti and Jamaica have been
the top countries of U.S. Black immigrant origin since 2000.

****Nominations & Personnel****

****Sheriff Ed Gonzalez's Nomination to Lead ICE Advances in Senate
Committee****On February 2, the Senate Committee on Homeland Security
and Governmental Affairs voted 7-4
,
along party lines, to favorably report

(for a second time) Sheriff Ed Gonzalez's nomination to serve as the
next director of Immigration and Customs Enforcement (ICE). Sheriff
Gonzalez was first nominated

in April 2021, but his nomination did not make it to the Senate floor
before the end of the congressional session. According to Senate rules,
President Biden had to resubmit

the nomination for consideration in the new session, which he did on
January 4.

Sheriff Gonzalez - a grandson of immigrants - is a co-chair of
the Law Enforcement Immigration Task Force

** **(LEITF), and his nomination has received praise
 from fellow
law enforcement leaders
, among others

**GOVERNMENT REPORTS**

**Department of Homeland Security;****Operation Allies Welcome: Afghan
Evacuee Report (December 2021)**

**; January 28, 2022**The report shows that 82,015 Afghans were
evacuated in August 2021 from the Kabul airport. Out of the total number
of evacuees, 3,529 have become U.S. lawful permanent residents (LPR),
3,290 are Special Immigrant Visa (SIV) holders, 36,821 are SIV
applicants, 1,941 are Priority-1 refugee referrals, 2,109 are Priority-2
refugee referrals, and 411 have been relocated from the United States to
a third country. The report also notes that 36,433 Afghan evacuees lack
a direct pathway to secure legal permanent residence in the U.S.

**Department of Homeland Security; Center for Countering Human
Trafficking (CCHT);****Countering Human Trafficking: Year in Review
(October 2020 to September 2021)**

**; February 1, 2022**The report highlights CCHT's efforts to enhance
identification and screening for human trafficking, improve protection
and assistance to victims, increase investigations and enforcement
actions, and provide training, outreach, and engagement to prevent human
trafficking. CCHT was launched in October 2020 to coordinate the efforts
of 16 DHS offices and agencies that combat sex trafficking and forced
labor. This is CCHT's inaugural report.

**Department of Homeland Security - Office of the Inspector General
(OIG);****Rio Grande Valley Area Border Patrol Struggles with High
Volumes of Detainees and Cases of Prolonged Detention but Has Taken
Consistent Measures to Improve Conditions in Facilities**

**; January 27, 2022**This report from DHS OIG highlights that U.S.
Customs and Border Protection (CBP) facilities in the Rio Grande Valley
area have overcrowded holding rooms for immigrant detainees. The report
also reveals that some single adults and families had been in detention
longer than the legal maximum of 72 hours. The report also notes that
CBP took measures to address the challenges of prolonged detention, and
provided access to showers, changes of clothing, hot meals, and fresh
fruit. The report highlights that while CBP has taken measures to reduce
the risk of Covid-19 infections,  the high volume of detainees has
limited the effectiveness of those measures.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES****Interactive Map:
Welcoming Afghans Across America (And the World)**
This
interactive map compiles and visualizes stories of communities across
America who have welcomed Afghans over the past five months.

**Room to Grow: One Year Later**
This
blog post commemorates the one-year anniversary of the National
Immigration Forum's Room to Grow

report. The post describes why the findings in Room to Grow - and
calls to reimagine our immigration system - are more important now
than ever, particularly given recently released Census data and growing
labor market shortages.

**One Year In: The Biden Administration's Treatment of Vulnerable
Migrants**
The
report focuses on three separate pathways to protection: Asylum at the
border, refugee resettlement, and Afghan evacuation. The report also
makes a series of recommendations for how the administration should
approach year two.

* * *

*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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