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Hello all,
The National Immigration Forum's Legislative Bulletin for Friday, February 11, 2022 is now posted.
You can find the online version of the bulletin here: https://immigrationforum.org/article/legislative-bulletin-friday-february-11-2022/
All the best,
Arturo
LEGISLATIVE BULLETIN - Friday, February 11, 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
Prohibiting the Use of Arrest Warrants for Identification at Security Checkpoints 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.
Sponsored by Senator Rob Portman (R-Ohio) (1 cosponsor— 1 Republican, 0 Democrats)
02/02/2022 Introduced in the Senate by Senator Portman
02/02/2022 Referred to the Senate Committee on Commerce, Science, and Transportation
Protecting Federal Funds from Human Trafficking and Smuggling Act of 2022
The bill would prohibit awarding federal funds to non-profit entities unless they submit a certification of compliance with federal laws related to human trafficking, immigrant smuggling, fraud, bribery, and gratuity.
Sponsored by Representative Lance Gooden (R-Texas) (21 cosponsors— 21 Republicans, 0 Democrats)
02/02/2022 Introduced in the House by Representative Gooden
02/02/2022 Referred to the House Committees on Oversight and Reform, and the Judiciary
Strengthening Enforcement and Criminalizing Unlawful Records Enabling (SECURE) Flights Act
The bill would require the Transportation Security Administration (TSA) to notify the U.S. Immigration and Customs Enforcement (ICE) and the U.S. Customs and Border Protection (CBP) whenever a foreign national presents a prohibited identification document to a TSA officer at an airport security checkpoint.
Sponsored by Representative Lance Gooden (R-Texas) (14 cosponsors— 14 Republicans, 0 Democrats)
02/03/2022 Introduced in the House by Representative Gooden
02/03/2022 Referred to the House Committee on Homeland Security
Immigration Transparency and Transit Notification Act of 2022
The bill would require the Department of Homeland Security (DHS) and the Department of Health and Human Services (HHS) to notify state and local officials before transporting immigrants to their respective jurisdictions. Governors would have the authority to object to the placement of such foreign nationals in their state.
Sponsored by Representative Daniel Meuser (R-Pennsylvania) (50 cosponsors— 50 Republicans, 0 Democrats)
02/03/2022 Introduced in the House by Representative Meuser
02/03/2022 Referred to the House Committee on the Judiciary
Ethiopia Stabilization, Peace, and Democracy Act
The bill would prohibit the issuance of any type of visas to any person engaged in actions or policies that have expanded or extended the civil war in Ethiopia.
Sponsored by Representative Tom Malinowski (D-New Jersey) (5 cosponsors— 2 Republicans, 3 Democrats)
02/04/2022 Introduced in the House by Representative Malinowski
02/04/2022 Referred to the House Committees on Foreign Affairs, Financial Services, Armed Services, and the Judiciary
02/09/2022 Ordered to be reported (amended) by voice vote by the House Committee on Foreign Affairs
Border Czar Accountability Act of 2022
The bill would require all Cabinet members appointed by the President to lead efforts related to immigration or securing the U.S.-Mexico border to visit the border at least once every 60 days.
Sponsored by Representative Ronny Jackson (R-Texas) (11 cosponsors— 11 Republicans, 0 Democrats)
02/04/2022 Introduced in the House by Representative Jackson
02/04/2022 Referred to the House Committees on Homeland Security, Ways and Means, and the Judiciary
No Taxpayer Funds for Illegal Immigrants Act
The bill would prohibit awarding federal contracts, grants, or loans to organizations that provide legal representation to undocumented immigrants placed in removal proceedings.
Sponsored by Representative Lauren Boebert (R-Colorado) (18 cosponsors— 18 Republicans, 0 Democrats)
02/07/2022 Introduced in the House by Representative Boebert
02/07/2022 Referred to the House Committees on Oversight and Reform and the Judiciary
Close Biden's Open Border Act
The bill would freeze funding designated for the United Nations for two years and redirect the funds towards constructing additional physical barriers on the U.S.-Mexico border.
Sponsored by Representative Bob Good (R-Virginia) (18 cosponsors— 18 Republicans, 0 Democrats)
02/07/2022 Introduced in the House by Representative Good
02/07/2022 Referred to the House Committees on Appropriations and on Foreign Affairs
Dignity Act
The bill would make substantial reforms to the immigration system, with provisions related to providing legal status to the undocumented population, legal immigration reform, and border and interior immigration enforcement. Concerning the undocumented population, the bill provides a ten-year temporary legal status and an eventual path to citizenship contingent on the payment of a series of fees and passing certain background checks. Dreamers would be provided a streamlined path to citizenship. Concerning legal immigration reforms, the bill contains a number of reforms designted to expand and modernize the H-2A and H-2B seasonal guestworker provisions. Concerning interior and border enforcement, the bill would authorize funding for additional physical barriers, surveillance technologies, and personnel at the border. It would also make a number of changes to the asylum process and require all employers in America to use the E-verify system to ensure they are hiring
legal workers.
Sponsored by Representative Maria Elvira Salazar (R-Florida) (7 cosponsors— 7 Republicans, 0 Democrats)
02/08/2022 Introduced in the House by Representative Salazar
02/08/2022 Referred to the House Committees on Homeland Security, Ways and Means, Agriculture, Natural Resources, Transportation and Infrastructure, the Budget, Education and Labor, Foreign Affairs, Oversight and Reform, Intelligence, Armed Services, Financial Services, and the Judiciary
Secure America's Borders First Act
The bill would prohibit the U.S. government from providing military and security assistance to Ukraine until operational control of the United States-Mexico border is achieved.
Sponsored by Representative Matthew Rosendale, Sr. (R-Montana) (9 cosponsors— 9 Republicans, 0 Democrats)
02/08/2022 Introduced in the House by Representative Rosendale
02/08/2022 Referred to the House Committees on Foreign Affairs and on Armed Services
To direct the Secretary of Defense to ensure that the number of members of the Armed Forces who are deployed by reason of the situation in Ukraine does not exceed the number of members of the Armed Forces who are deployed to the Southern Border of the United States
Sponsored by Representative Madison Cawthorn (R-North Carolina) (0 cosponsors)
02/09/2022 Introduced in the House by Representative Cawthorn
02/09/2022 Referred to the House Committee on Armed Services
Asylum Seeker Work Authorization Act
The bill would reduce the current 365-day waiting period for work authorization eligibility for asylum seekers to 30 days.
Sponsored by Representative Chellie Pingree (D-Maine) (2 cosponsors— 2 Democrats, 0 Republicans)
02/09/2022 Introduced in the House by Representative Pingree
02/09/2022 Referred to the House Committee on the Judiciary
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate will be in session the week of Monday, February 14, 2022.
The U.S. House of Representatives will be in session for committee work from Tuesday, February 15, through Thursday, February 17, 2022.
UPCOMING HEARINGS AND MARKUPS
Date: Tuesday, February 15, 2022, at 2:00 pm E.T. (House Judiciary Committee)
Location: Virtual hearing
Witnesses: TBD
THEMES IN WASHINGTON THIS WEEK
Federal
GOP Representatives Introduce Sweeping Immigration Legislation Including Enforcement, Path to Citizenship
On February 8, Congresswoman Maria Elvira Salazar (R-Florida) and seven Republican cosponsors introduced a bill — the Dignity Act — that aims to boost border and immigration enforcement, offer a lengthy pathway to citizenship to undocumented individuals who have lived in the U.S. for at
least five years, and enact some reforms to temporary immigrant guestworker programs. The legislation represents the broadest and most transformative immigration proposal to be introduced in Congress since House and Senate Democrats introduced the U.S. Citizenship Act shortly after President Biden took office in early 2021.
For undocumented immigrants currently present in the U.S., the bill would create a "Dignity Path," a 10-year temporary legal status that would require a criminal background check and payments of $10,000 in restitution over ten years. Individuals in this status would not be eligible for federal benefits or entitlements. After completing the Dignity Path, individuals would be allowed to participate in a 5-year "Redemption Program." The Redemption Program would require immigrants to participate in a series of English language and U.S. civics courses to become eligible for the already existing pathways to citizenship. The Dignity Act also creates an expedited path to legal status and citizenship for Dreamers.
The legislation also includes a slew of border enforcement, interior enforcement, and asylum reform provisions. The establishment of a path to citizenship would be contingent on a "trigger mechanism" requiring that the border security and interior enforcement provisions have been fully implemented and the border is "fully secure." The bill would require
certification that each Border Patrol Sector on the Southern Border has achieved and maintained a 90% or greater detection and apprehension rate of those attempting to cross without authorization.
Representative Salazar said of the bill’s introduction: "Our broken immigration system is fracturing America…. Today, I am introducing the Dignity Act to secure our border, provide a dignified solution to immigrants in the United States, and support American workers. While we are a nation of laws, we are also a nation of second chances."
USCIS Renews Mission Statement
On February 9, U.S. Citizenship and Immigration Services (USCIS) renewed the agency's mission statement to reflect the Biden administration's vision on immigration. The new mission statement, drafted after receiving feedback from the agency's employees, is the following: "USCIS upholds America's promise as a nation of welcome and possibility with fairness, integrity, and respect for all we serve."
During the announcement of the new mission statement, USCIS Director Ur Jaddou highlighted that "the United States is and will remain a welcoming nation that embraces people from across the world who seek family reunification, employment or professional opportunities, and humanitarian protection." Jaddou emphasized that the new mission statement "reflects the inclusive character of both our country and this agency."
The USCIS mission statement had previously been changed in 2018 as part of the Trump administration's efforts to transform the agency from a "benefits agency" into a "vetting agency." In the 2018 change, the Trump administration had removed the term "nation of immigrants" from the USCIS mission, prompting
controversy.
Biden Administration Announces Pilot Program to Place Migrants in House Confinement Instead of Detention Centers
On February 8, Axios and Reuters reported that the Biden administration would implement a home-confinement-and-curfew pilot program as an alternative to the use of immigrant detention centers. The 120-day pilot program — aimed at curbing for-profit detention centers — would require enrollees to remain in their homes from 8:00 pm
until 8:00 am, with exceptions for night job schedules or extraordinary circumstances. Under this program, immigrants would be subject to stricter monitoring than other alternative-to-detention (ATD) programs such as ankle bracelets and other traceable devices. According to Axios, approximately 179,000 migrants are in ATD programs relying on traceable devices.
The pilot program will be launched in Houston and Baltimore in the coming weeks, with up to 200 single adults enrolled in each location. According to the Reuters report, the pilot program would cost between $6 and $8 per day for each enrollee. That amount is significantly lower than the $142 daily cost of immigration detention centers per detainee.
Biden Administration Extends Work Permit Validity for a Variety of Immigrants
On February 7, U.S. Citizenship and Immigration Services (USCIS) updated its policy manual to extend from one to two years the validity period of employment authorization documents (EAD) for refugees, asylum seekers, and Violence Against Women Act (VAWA) self-petitioners. Additionally, under the updated policy manual, individuals paroled into the United States for urgent humanitarian reasons and non-DACA individuals who have been granted deferred action would be eligible for work authorization that would be valid until the end of the parole or deferred action period.
In the announcement of the new policy, USCIS stressed that extending the validity period of EADs "will help ease processing backlogs by reducing the frequency and number of times these applicants must renew their EADs and will help prevent gaps in employment authorization and documentation." The announcement came amid pressure to tackle the outstanding USCIS application backlog. According to recent reports, pending employment authorization applications have increased from 676,000 in March 2020 to 1.4 million as of October 2021.
January Refugee and SIV Data Reveal Decline in Admissions for Third Consecutive Month
On February 8, the State Department released refugee resettlement data for the month of January. The U.S. resettled 1,094 refugees in the fourth month of fiscal year (FY) 2022, a moderate decline from the 1,227 refugees resettled in December. The decrease in January represents the third consecutive month of declining numbers. The current resettlement pace would lead to a total of only 13,086 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 233 Syrian refugees resettled in January, the total number this fiscal year reached 1,049, 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 188 refugees from Guatemala, Honduras, and El Salvador resettled in January.
The January resettlement data also reveals that just 138 Special Immigrant Visas were granted to Afghans in November, a significant decrease from 401 in December and far below summer peaks prior to the Kabul evacuation when the administration granted over 3,000 SIVs a month.
Border Patrol Robotics Pilot Sparks Controversy
On February 1, the Department of Homeland Security disclosed an initiative to use robot dogs to help U.S. Customs and Border Protection (CBP) agents along the U.S.-Mexico border. DHS compared the introduction of robot dogs to airborne drones, arguing that their function is to supplement the work of human agents. The
agency also claimed that the "quadruped mechanical reinforcements" would enable the agency to allocate its resources more efficiently. DHS emphasized that the "100-pound robot dogs" will decrease the threat to CBP agents and officers of monitoring illegal activity in harsh border zones.
The announcement has drawn concern from groups like the American Civil Liberties Union and others who point to the harm of unnecessary surveillance measures and the limitations caused by poor battery life and erratic behavior of the robots.
Biden Administration Lifts Most Visa Sanctions on Laos
On February 7, the Biden administration lifted the Trump-era visa sanctions on Laos. The announcement ended a travel ban that forbade the issuance of travel and immigrant visas to Laotian nationals. The travel ban was imposed in 2018, due to Laos' government's refusal to accept a quota of deportees from the U.S. The announcement will allow over 2,000 Laotians — who have been in the visa backlog since the implementation of the travel ban — to come to the United States.
Laos has remained on the U.S. Immigration and Customs Enforcement agency's list of "recalcitrant" countries, a distinction given to governments that routinely refuse to issue the travel documents required for the U.S. to carry out deportations. Notably, the visa sanctions will continue for a subset of Laotian government officials, contingent on whether Laos cooperates with the U.S. demands to accept deportees.
Legal
Federal Court Vacates Two Trump-Era Rules that Hindered Access to Employment Authorization for Asylum Seekers
On February 7, a District Court for the District of Columbia vacated two Trump-era regulations that hindered asylum seekers from obtaining Employment Authorization Documents (EADs). Plaintiffs of the case Asylumworks et al. v. Mayorkas argued that the rules drastically curtailed access to work authorization, and stressed that the rules were invalid because purported Acting DHS Secretary
Chad Wolf issued them even though he was not lawfully installed as DHS Secretary.
The two rules – now vacated by a federal court — overhauled the EAD application process entirely. The first, enacted on August 21, 2020, eliminated the 30-day deadline for USCIS to process EAD applications. The second, enacted August 25, 2020, more than doubled the waiting period for asylum seekers to receive an EAD and issued a number of other reforms limiting access to work authorization documents.
In response to criticism that the rules would leave asylum seekers with legitimate claims to protection in destitute conditions for years while their cases continued, the Trump administration wrote that those asylum seekers "should become familiar with the homelessness resources provided by the state where they intend to reside."
GOVERNMENT REPORTS
This report from DHS OIG highlights that U.S. Customs and Border Protection (CBP) facilities in the San Diego sector generally operate in compliance with National Standards on Transport, Escort, Detention, and Search (TEDS). While the report identified instances of prolonged detention among single adults, it did not identify overcrowded conditions. The report also finds that detainees had room to sit or lie down. The agency also verified accessibility to water, food, toilets, sinks, basic hygiene supplies, and bedding.
This report from DHS OIG highlights that on September 12, 2021, U.S. Customs and Border Protection (CBP), in compliance with court order, started implementing rapid DNA testing in situations in which CBP suspected a fraudulent claim of a parent-child relationship. The rapid DNA test allows portable machines to determine filial relationships in only 90 minutes.
SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES
This policy proposal suggests setting an annual baseline for refugee admissions at 10% of UNHCR's Refugees in Need of Resettlement (RINOR) number — the estimated population of forcibly displaced people who are most in need of permanent resettlement each year.
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 blog post commemorates the one-year anniversary of our Room to Grow report. The post describes why our 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.
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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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