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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: https://immigrationforum.org/article/legislative-bulletin-friday-february-4-2022/
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
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.
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
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.
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
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
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
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
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
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
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
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
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.
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.
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
This interactive map compiles and visualizes stories of communities across America who have welcomed Afghans over the past five months.
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.
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.
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*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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