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Hello all,
The National Immigration Forum's Legislative Bulletin for Friday, February 25, 2022, is now posted.
You can find the online version of the bulletin here: https://immigrationforum.org/article/legislative-bulletin-friday-february-25-2022/
All the best,
Arturo
LEGISLATIVE BULLETIN - Friday, February 25, 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
Belarus Aggression Accountability Act of 2022
The bill, among various provisions, would revoke and prohibit the issuance of any type of visas to government officials in Belarus engaged in aiding or assisting the government of Russia in acts of military aggression towards Ukraine.
Sponsored by Senator James Lankford (R-Oklahoma) (0 cosponsors— 6 Democrats, 0 Republicans)
02/10/2022 Introduced in the Senate by Senator Lankford
02/10/2022 Referred to the Senate Committee on Foreign Relations
Neighbors Not Enemies Act
The bill would repeal the Alien Enemies Act (AEA) of 1798, which has been used, among other instances, to justify the incarceration of Japanese, German, and Italians in the U.S. during World War II.
Sponsored by Senator Mazie Hirono (D-Hawaii) (4 cosponsors— 3 Democrats, 1 Independent, 0 Republicans)
02/17/2022 Introduced in the Senate by Senator Hirono
02/17/2022 Referred to the Senate Committee on the Judiciary
To prohibit the Department of Homeland Security from requiring vaccination against COVID-19 for essential critical infrastructure workers crossing the border
Sponsored by Senator Roger Wicker (R-Mississippi) (1 cosponsor— 1 Republican, 0 Democrats)
02/17/2022 Introduced in the Senate by Senator Wicker
02/17/2022 Referred to the Senate Committee on Homeland Security and Governmental Affairs
Protecting Higher Education from the Chinese Communist Party Act of 2022
The bill would prohibit the issuance of F and J visas to current and former members of the Chinese Communist Party.
Sponsored by Representative Vicky Hartzler (R-Missouri) (4 cosponsors— 4 Republicans, 0 Democrats)
02/15/2022 Introduced in the House by Representative Hartzler
02/15/2022 Referred to the House Committee on the Judiciary
Midland Over Moscow Act
The bill, in addition to various other provisions, would revoke and prohibit the issuance of any type of visas to any person responsible for planning, constructing, maintaining, financing, or operating the Nord Stream 2 pipeline.
Sponsored by Representative August Pfluger (R-Texas) (10 cosponsors— 10 Republicans, 0 Democrats)
02/15/2022 Introduced in the House by Representative Pfluger
02/15/2022 Referred to the House Committees on Foreign Affairs, Energy and Commerce, Natural Resources, and the Judiciary
To direct the Director of the Office of Management and Budget to require the disclosure of violations of Federal law with respect to human trafficking or alien smuggling, and for other purposes.
Sponsored by Representative Lance Gooden (R-Texas) (23 cosponsors— 23 Republicans, 0 Democrats)
02/18/2022 Introduced in the House by Representative Gooden
02/18/2022 Referred to the House Committees on Oversight and Reform, Ways and Means, and the Judiciary
Integrating New Technologies to Empower Law Enforcement (INTEL) at Our Borders Act
The bill would require the Department of Homeland Security to create a comprehensive strategy for identifying, deploying, and integrating emerging technologies into our border security. The bill would also facilitate the replacement of outdated security measures with new technologies, and ensure that new equipment and strategies are deployed comprehensively along both the northern and southern borders. The bill also empowers Congress to conduct more effective oversight by providing information on acquisition, testing, and scaling of new technology by Customs and Border Protection (CBP).
Sponsored by Representative Elissa Slotkin (D-Michigan) (5 cosponsors— 4 Republicans, 1 Democrat)
02/18/2022 Introduced in the House by Representative Slotkin
02/18/2022 Referred to the House Committee on Homeland Security
To ensure access to appropriate temporary shelter, food, and water for individuals apprehended by U.S. Customs and Border Protection
Sponsored by Representative Elissa Slotkin (D-Michigan) (2 cosponsors— 1 Republican, 1 Democrat)
02/18/2022 Introduced in the House by Representative Slotkin
02/18/2022 Referred to the House Committees on Homeland Security and the Judiciary
To require U.S. Citizenship and Immigration Services to facilitate naturalization services for noncitizen veterans who have been removed from the United States or are inadmissible
Sponsored by Representative Juan Vargas (D-California) (6 cosponsors— 6 Democrats, 0 Republicans)
02/18/2022 Introduced in the House by Representative Vargas
02/18/2022 Referred to the House Committee on the Judiciary
To amend the McKinney-Vento Homeless Assistance Act to ensure that an immigrant unlawfully present in the United States is not eligible for any service through the Federal Emergency Management Food and Shelter Program
Sponsored by Representative Jefferson Van Drew (R-New Jersey) (8 cosponsors— 8 Republicans, 0 Democrats)
02/22/2022 Introduced in the House by Representative Van Drew
02/22/2022 Referred to the House Committee on Financial Services
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate will be in session the week of Monday, February 28, 2022.
The U.S. House of Representatives will be in session from Monday, February 28, through Thursday, March 3, 2022.
UPCOMING HEARINGS AND MARKUPS
Date: Tuesday, March 1, 2022, at 10:00 am E.T. (House Committee on the Judiciary)
Location: 2141 Rayburn House Office Building, Washington, D.C.
Witnesses: TBD
Date: Wednesday, March 2, 2022, at 10:15 am E.T. (House Committee on Education and Labor)
Location: Virtual hearing
Witnesses: TBD
Date: Wednesday, March 2, 2022, at 2:00 pm E.T. (House Committee on Homeland Security)
Location: Virtual hearing
Witnesses: TBD
THEMES IN WASHINGTON THIS WEEK
Federal
Russia Invades Ukraine as Advocates Call for Protections for Ukrainians Abroad, in U.S.
As of February 25, as many as 50,000 Ukrainians have already fled to neighboring countries like Poland, Slovakia, and Moldova in days following the invasion of Ukraine by Russian forces on February 24. European countries are preparing to assist far larger numbers of refugees as the invasion continues, with Ukraine's Defense Minister estimating that between three and five million people could be forced to flee the country. These high numbers would be the most significant movement of refugees in Europe since the Syrian crisis in 2015. The government of Poland has — with the help of over 5,000 U.S. troops from the 82nd Airborne Division — set up eight refugee processing centers on its border
with Ukraine.
In the United States, national security leaders and immigration advocacy groups called on the Biden administration to designate Temporary Protected Status (TPS) and Special Student Relief (SSR) for the estimated 30,000 Ukrainians living in the U.S. without permanent status. These protections would allow Ukrainians with nonimmigrant status to stay and work temporarily in the U.S. without fear of being returned into conflict and violence. Advocates argued that failing to grant TPS and SSR would force Ukrainians to choose between staying illegally in the United States or returning to a nation under attack.
Other immigration advocacy groups called the Biden administration to build capacity within the U.S. refugee resettlement system to meet growing resettlement needs. They highlighted that the current refugee ceiling of 125,000 announced by President Biden in September 2021 could allow the U.S. to receive thousands of Ukrainian refugees. On February 24, White House Press Secretary
Jen Psaki said the U.S. is ready to accept Ukrainian refugees and noted that the administration is "working with European countries on what the needs are."
Biden Administration Completes Resettlement of All Afghan Evacuees from U.S. Military Bases
On February 19, the Department of Homeland Security announced that Operation Allies Welcome (OAW) — 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 — had concluded the relocation of the last group of Afghan evacuees. DHS's statement highlighted that approximately 84,600 Afghan nationals, American citizens, and Lawful Permanent Residents had arrived in the U.S. as part of OAW, including more than 76,000 Afghan nationals who have now joined communities across the country.
Approximately 2,800 Afghan evacuees remain in "lilypad" locations in Qatar and Germany, where they are undergoing screening and vetting procedures and medical checks.
The majority of the 76,000 Afghan evacuees who have been resettled were 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 two years of protection from deportation and work authorization but no further access to status. Hence, only five days before DHS announced the conclusion of the resettlement process, veterans and immigration advocates gathered outside the U.S. Capitol to call upon Congress to pass an Afghan Adjustment Act — legislation that would provide Afghan evacuees a path to permanent status in the United States.
Congress has passed adjustment acts in the aftermath of multiple prior evacuations, including for Cubans fleeing the Castro regime in the 1960s, for Vietnamese and South Asian refugees after the fall of Saigon in the 1970s, and Iraqis after Operation Desert Storm and Operation Iraqi Freedom in the 1990s.
Biden Administration Recognizes Informal Marriages to Demonstrate Spousal Relationships in Asylum and Refugee Claims
On February 14, the Biden administration introduced a memorandum to recognize informal marriages to demonstrate spousal relationships in asylum claims and the refugee admissions process. The new policy allows government asylum adjudicators to recognize the marriages of individuals who are in committed life partnerships but who were unable to marry or register their marriage due to restrictions in the law or practices of their country of origin, including for individuals in same-sex, interfaith, or stateless marriages. The memorandum marks a return to the pre-2018 interpretation of a rule called the "place-of-celebration" rule.
In 2018, the Trump administration had modified the place-of-celebration rule to limit the understanding of spousal relationships exclusively to marriages valid under the law of the jurisdiction in which they were performed.
Federal and Local Officials Investigate Shooting of Migrant by U.S. Border Patrol
On February 19, a U.S. Border Patrol Agent fatally shot a Mexican man attempting to cross into the U.S. via the Arizona-Mexico border. According to a U.S. Customs and Border Protection (CBP) statement, two agents from the Douglas Border Patrol Station Horse Patrol Unit responded to reports of possible
undocumented migrants in the area and apprehended three undocumented migrants. The agents alleged one man attempted to escape. One of them followed the man and shot him while taking him into custody.
The incident initiated an investigation from the Cochise County Sheriff's office and CBP to determine the circumstances of the shooting. The Mexican consulate in Arizona confirmed the man's nationality and reported that five other Mexican nationals were detained in a border patrol station. The Mexican
Consulate also highlighted that they are monitoring the investigation and are working to find the man's relatives.
Some advocates have raised concerns about prior federal investigations into CBP misconduct, noting that the agency is often tasked with "policing itself" using CBP Critical Incident Teams.
Democratic Lawmakers Call on Biden Administration to Rethink Alternatives to Detention (ATD) Surveillance Programs
On February 23, 25 Democratic members of Congress sent a letter to Secretary of Homeland Security Alejandro Mayorkas asking him to reduce the number of immigrants enrolled in surveillance programs first introduced in 2004 as alternatives to immigration detention (ATDs). There are a variety of different kinds of ATDs, including ankle monitors, facial recognition check-ins via a smartphone app, periodic in-person check-ins, or house arrest. All involve some form of Immigration and Customs Enforcement supervision combined with freedom from immigration detention.
The 25 lawmakers wrote the program needs to be reformed. They noted that increases in ATD enrollments have not corresponded to decreases in overall immigration detention and urged the Biden administration to rethink the government's $475 million contract with a private company managing the program.
In recent years, electronic monitoring devices have been increasingly used as ATDs. While less restrictive than immigration detention, ICE officials have found them economical and effective for immigrants who are not a flight or safety risk. The government has often found ATDs appropriate to ensure that individuals waiting for immigration court proceedings are subject to supervision by immigration authorities.
On February 8, Axios and Reuters reported that the Biden administration would implement a new ATD involving a home-confinement-and-curfew pilot program. The pilot is part of a broader project by the Biden administration to reduce and ultimately end the use of for-profit detention.
GOVERNMENT REPORTS
There were no immigration-related government reports the week of Monday, February 21, 2022.
SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES
In advance of the State of the Union address on March 1, this score card evaluates the Biden administration's progress on five overarching principles and fifteen concrete policy priorities. It also provides context and links for all the actions taken — or not taken — by the administration. Each section concludes with a verdict summarizing the progress made on each principle.
This Phone-To-Action campaign allows constituents to send an email to President Biden urging him to protect Ukrainians in the U.S. and prepare for Ukrainian refugees.
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.
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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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