Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday, March
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, March 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**

S. 3720

**H-1B and L-1 Visa Reform Act**

The bill would require employers to make a good faith effort to recruit
and hire American workers before bringing in foreign workers. It would
also prohibit employers from replacing American workers with H-1B and
L-1 workers or giving preference to H-1B visa holders when they are
filling open positions. The bill would also modify the existing H-1B
wage requirements, and would establish wage requirements for L-1
workers. The bill would also prohibit employers from outsourcing H-1B
and L-1 visa holders to other sites unless the employer obtains a waiver
which is available only in limited circumstances.

Sponsored by Senator Richard Durbin (D-Illinois) (6

cosponsors- 3 Republicans, 2 Democrats, 1 Independent)

03/01/2022 Introduced in the Senate by Senator Durbin

03/01/2022 Referred to the Senate Committee on the Judiciary

S. 3721

**Resolving Extended Limbo for Immigrant Employees and Families (RELIEF)
Act**

The bill would lift per country green card limitations. The bill would
also eliminate the family and employment green card backlog within five
years in the order in which applications were filed. The bill would also
classify spouses and children of legal permanent residents (LPR) as
immediate relatives and exempt derivative beneficiaries of
employment-based petitions from annual green card limits. The bill would
also protect "aging out" children who qualify for LPR status based on a
parent's immigration petition.

Sponsored by Senator Richard Durbin (D-Illinois) (0

cosponsors)

03/01/2022 Introduced in the Senate by Senator Durbin

03/01/2022 Referred to the Senate Committee on the Judiciary

H.R. 6754

**Russians Engaged in Threating Ukraine Refuge Now (RETURN) Act**

The bill would prohibit the solicitation of reimbursement of any travel
expenses incurred by the Department of State on behalf of any United
States citizen or lawful permanent resident evacuated from Ukraine and
repatriated to the United States.

Sponsored by Representative Andy Barr (R-Kentucky) (0

cosponsors)

02/18/2022 Introduced in the House by Representative Barr

02/18/2022 Referred to the House Committee on Foreign Affairs

H.R. 6819

**Compact of Free Association Host Communities Support Act**

The bill would require the Federal government to reimburse the
governments of Guam, Hawaii and the Commonwealth of the Northern Mariana
Islands for the economic impact of receiving immigrants without visa
from the Republic of Palau, the Republic of the Marshall Islands and the
Federated States of Micronesia - commonly referred to as the Compacts
of Free Association.

Sponsored by Delegate Michael F. Q. San Nicolas (D-Guam) (2

cosponsors- 2 Democrats, 0 Republicans)

02/22/2022 Introduced in the House by Delegate San Nicolas

02/22/2022 Referred to the House Committee on Oversight and Reform

H.R. 6826

**CTPAT Pilot Program Act of 2022**

The bill would require the Department of Homeland Security (DHS) to
carry out a five-year pilot program to include certain third-party
logistics providers in the customs trade partnership against terrorism
(CTPAT) program. CTPAT is a voluntary program that encourages entities
involved in international trade to cooperate with Customs and Border
Protection (CBP) to strengthen international supply chains, improve
border security, and facilitate the movement of secure cargo through the
supply chain. This is a companion bill of S. 2322
.

Sponsored by Representative Elissa Slotkin (D-Michigan) (3

cosponsors- 2 Republicans, 1 Democrat)

02/25/2022 Introduced in the House by Representative Slotkin

02/25/2022 Referred to the House Committees on Armed Services and
Foreign Affairs

H.R. 6838

**To provide for asylum or refugee status for certain Canadian nationals
subject to harm by reason of the invocation of the Emergencies Act by
the government of Canada**

Sponsored by Representative Yvette Herrell (R-New Mexico) (0

cosponsors)

02/25/2022 Introduced in the House by Representative Herrell

02/25/2022 Referred to the House Committee on the Judiciary

H.R. 6892

**To permit nationals of Ukraine to be eligible for temporary protected
status under such section**

Sponsored by Representative David Cicilline (D-Rhode Island) (5

cosponsors- 2 Republicans, 3 Democrats)

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

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

**LEGISLATIVE FLOOR CALENDAR**

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

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

**UPCOMING HEARINGS AND MARKUPS**

There are no immigration-related hearings scheduled for the week of
March 7, 2022.

**THEMES IN WASHINGTON THIS WEEK**

****Federal****

****Biden Administration Designates Ukraine for Temporary Protected
Status as Russian Invasion Continues****On March 3, the Biden
Administration announced

the designation of Ukraine for Temporary Protected Status (TPS). The
designation will allow Ukrainians who lack permanent status and have
been physically present in the U.S. as of March 1, 2022, to stay and
work temporarily in the U.S. without fear of being returned to conflict
and violence. The designation will last for a minimum of 18 months, and
eligible Ukrainians will be able to apply for TPS when the designation
is officially noticed in the Federal Register in the coming weeks. On
the same day, the Biden administration also announced a pause

on all deportation flights to Russia, Ukraine, and seven other European
countries.

According to the Biden administration's announcement
,
Ukraine's TPS designation "is based on both ongoing armed conflict and
extraordinary and temporary conditions that prevent Ukrainian nationals
from returning to Ukraine safely." The announcement came seven days
after the Russian invasion of Ukraine and after national security
leaders , immigration
advocacy groups
,
and a bipartisan group of 42 Senators

called on the Biden administration to act to protect Ukrainians living
in the U.S.

TPS is granted - after an interagency consultation process - by
the Department of Homeland Security (DHS) to eligible foreign-born
individuals who are unable to return safely due to violence or other
circumstances in their home country. An estimated 75,000 Ukrainians

will be protected under the policy.

Also on March 3, the United Nations Refugee Agency (UNHCR) reported

that in just seven days, over one million people had fled Ukraine, and
it estimated that more than 4 million people would flee the country as a
consequence of the ongoing war. The scale of the exodus would make it
one of the most rapid and largest forced migration crises in the last 40
years, according to the agency. UNHCR also reported that it expects

that over 12 million people inside Ukraine will need humanitarian relief
and protection due to the damage caused to civilian infrastructure that
has left many without electricity, water, food, shelter, and emergency
medical services.

****President Biden Calls for Immigration Reforms and Border Security in
State of the Union Speech****On March 1, during a portion of his second
State of the Union
address, President Biden highlighted the need to secure the border and
fix the immigration system.

In the speech, Biden called
on Congress to
pass a pathway to citizenship for Dreamers, TPS holders, farmworkers,
and essential workers. He emphasized that granting a pathway to
citizenship to these groups was not only the right thing to do, but it
would be a boon to the U.S. economy. He stated that "immigration reform
is supported by everyone from labor unions to religious leaders to the
U.S. Chamber of Commerce."

President Biden also stressed the need for border security. He stated
that his administration has already implemented new technology to better
detect drug smuggling and has set up joint patrols with Mexico and
Guatemala to catch more human traffickers. He also noted his
administration's efforts to appoint additional immigration judges to
expedite asylum processes at the border, stating that those fleeing
persecution should have their cases heard quickly and those without
deserving claims should be swiftly returned. Additionally, President
Biden said that under his administration, the U.S. has secured
commitments and supported partners in South and Central America to host
more refugees and secure their own borders.

On efforts that combine immigration reforms with securing the border,
Biden said: "As you might guess, I think we can do both."

****New Coalition Announces Push for Immigration Reforms****On March 2,
a group of business, faith, education, and advocacy organizations joined
efforts to launch

a new coalition - called the Alliance for a New Immigration Consensus

(ANIC) - to push the Biden administration and Congress to pass
bipartisan legislative solutions on immigration and border security.
ANIC - which consists of 28 organizations
,
including the National Immigration Forum - kicked off its advocacy
campaign with a letter

to congressional leaders urging them to address the uncertainty of
Dreamers, TPS holders, and others living without permanent status,
secure the border, and pass reforms to respond to workforce limitations
affecting the agriculture industry.

During ANIC's launch press conference, coalition members reiterated the
general support of Americans for immigration reform. They highlighted
the results of a poll

released on February 28 that shows that an overwhelming majority of
Republicans, Independents, and Democrats want lawmakers to work together
to strengthen border security and create a pathway to citizenship for
Dreamers and farmworkers.

****Taliban Restricts Evacuation Flights from Afghanistan****On February
27, a Taliban spokesman said

that Afghans would no longer be allowed to leave the country without a
good reason, and women would be barred from traveling without a
chaperone. The Taliban stated these restrictions

on travel were imposed to protect its citizens, arguing Afghans who have
been evacuated are being mistreated.

Following the U.S. withdrawal from Afghanistan in August 2021 and the
subsequent fall of Kabul, the Taliban pledged

to let all people with proper travel documentation leave the country. On
March 2, the U.S. Department of State (DOS) stated

that they were engaged in discussions with the Taliban where they are
urging the group to honor their prior commitment to provide safe passage
for Afghans seeking to leave the country.

While over 70,000 Afghan evacuees have been resettled around the U.S.,
thousands of others remain stalled in third countries around the world
as they go through additional vetting and processing. In the United Arab
Emirates, where over 10,000 Afghans have been living, refugees held
protests

in February against the slow pace of processing and what they alleged
were prison-like conditions. Additionally, approximately 2,800 Afghan
evacuees remain

in Qatar and Germany, where they are undergoing screening and vetting
procedures and medical checks.

****CBP Records Show that Border Wall Has Been Breached 3,272 Times Over
Past Three Years****On March 2, a Washington Post report

highlighted that smugglers have sawed through new segments of the border
wall 3,272 times over the past three years. According to the report,
which cited unpublished U.S. Customs and Border Protection (CBP)
maintenance records, the U.S. government has spent over $2.6 million

to repair those breaches between 2019 and 2021.

The report further stated that smugglers have been able to cut through
the border barrier with inexpensive power tools widely available at
retail hardware stores, including angle grinders and demolition saws.
"Once the 18-to-30-foot-tall bollards are severed near the ground, their
only remaining point of attachment is at the top of the structure,
leaving the steel beam dangling in the air. It easily swings open with a
push, creating a gap wide enough for people and narcotics to pass
through."

In response to the report, a spokesman for CBP said in a statement

that "no structure is impenetrable, so we will continue to work to focus
resources on modern, effective border management measures to improve
safety and security." The spokesman further stressed

that the Biden administration "continues to call on Congress to cancel
remaining border wall funding and instead fund smarter border security
measures that are proven to be more effective at improving safety and
security at the border."

****Biden Administration Designates Sudan and Redesignates South Sudan
for Temporary Protected Status (TPS)****On March 2, the Biden
Administration redesignated

South Sudan and designated Sudan for Temporary Protected Status (TPS).
The extension and designation - both for 18 months - will allow
nationals from South Sudan and Sudan with nonimmigrant status who have
been physically present in the U.S. since March 1, 2022, to stay and
work temporarily in the U.S. without fear of being returned into
conflict and violence.

DHS Secretary Alejandro Mayorkas said

that the renewal of TPS for South Sudan was appropriate due to the
country's ongoing violence from government security forces and armed
groups. He pointed out that armed clashes in South Sudan have resulted
in the mass displacement of civilians, particularly women and girls.
Secretary Mayorkas added that three years of widespread unprecedented
flooding in the country have resulted in South Sudan facing one of the
most dire food crises since its independence in 2011.

Regarding Sudan, Secretary Mayorkas stressed

that the country's designation for TPS was pertinent due to the recent
military takeover of Sudan's government. He highlighted that the
conflict has triggered political instability, violence, and human rights
abuses against civilians.

****USCIS Reaches Fiscal Year 2022 H-1B Cap****On February 28, U.S.
Citizenship and Immigration Services (USCIS) reported

that the agency had received a sufficient number of petitions needed to
reach the congressionally mandated 65,000 H-1B visa regular cap as well
as the additional 20,000 H-1B visas reserved for graduates with advanced
degrees from a U.S. institution for fiscal year (FY) 2022. The H-1B visa
is a nonimmigrant work visa that allows U.S. employers to hire foreign
workers for specialty jobs that require a bachelor's degree in a wide
variety of fields.

USCIS noted

that while it would stop accepting new H-1B petitions for the coming
period, it would continue processing other applications associated with
H-1B status, including those to extend the amount of time a current H-1B
worker may remain in the United States, change the terms of employment
for current H-1B workers, allow current H-1B workers to change
employers, and allow current H-1B workers to work concurrently in
additional H-1B positions.

****Legal****

****Federal Court Forbids Biden Administration to Use Title 42 to Expell
Migrant Families to Countries Where they Can Be Harmed****On March 4,
the D.C. Circuit Court of Appeals ruled against

the use of Title 42 expulsions at the border without first offering
individuals the opportunity to request legal protection. The case stems
from an American Civil Liberties Union (ACLU)
lawsuit - Huisha-Huisha v. Mayorkas
 - arguing
Title 42 violates longstanding immigration statutes which guarantee
asylum seekers a full and fair proceeding to determine their right to
protection in the United States. The Circuit court partially upheld a
district court ruling that the government could not expel families under
Title 42, although it focused on preventing the government from
"refouling" migrants to countries where they may face harm or
persecution. Both rulings have been stayed as the appeals process
continues.

In the case, the Biden administration argued - even as case counts
dwindle - that expelling migrants under the protocol was necessary to
prevent the spread of Covid-19. However, the Appeals court ruled
that "The
CDC's [Title 42] order looks in certain respects like a relic from an
era with no vaccines, scarce testing, few therapeutics, and little
certainty."

Title 42
 is
a public health order based on a 1944 statute that both the Trump and
Biden administrations have used during the Covid-19 pandemic to rapidly
expel arriving migrants without providing them the opportunity to seek
asylum. Recent estimates suggest that over one million
 migrants
have been deported under Title 42 during the Biden administration.
Advocacy groups and international organizations have widely criticized
 the
policy. They argue
 that
deportations under Title 42 are inconsistent with international norms
and fail to uphold the fundamental human rights of migrants.

It is unclear whether the administration intends to further appeal the
ruling or to attempt to extend the use of Title 42 when its current
validity period expires in early April.

****Nominations & Personnel****

****Biden Nomination to Lead ICE Receives Cloture in Advance of Coming
Floor Vote****On March 3, the U.S. Senate invoked cloture
on
the nomination of Sheriff Ed Gonzalez to lead the U.S. Immigration and
Customs Enforcement (ICE). Cloture

is a Senate procedure that limits further consideration of a pending
proposal to thirty hours in order to end a filibuster. Hence, the Senate
is expected to conduct a final floor vote to confirm Sheriff Gonzalez's
nomination as soon as next week.

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.

****State & Local****

****Biden Administration Argues that Florida Lacks Authority to Shut
Down Shelters for Unaccompanied Children****On February 21, the Biden
Administration sent a letter

to Florida's General Counsel arguing that Florida does not have the
authority to prevent local shelters from working with the federal
government to house unaccompanied migrant children. The letter came in
response to proposals from Governor Ron DeSantis (R-Florida) to strip
the state childcare licenses of nonrpofits who are providing shelter to
migrant children.

The missive came after Governor DeSantis published an emergency rule
 where
he threatened, among other actions, to prohibit the issuance or renewal
of any state childcare license for shelters seeking to house
unaccompanied migrant children unless the Biden administration agreed to
a series of demands. The demands included establishing a compact

Florida faith leaders and child welfare professionals have criticized
 the
rule, arguing that it infringes on shelters' ability (and religious
freedom
)
to protect all children and undermines and disrupts migrant children's
access to safe placements and connection to their family members. Others
have argue that if DeSantis's rule would force
 more
kids into unlicensed emergency intake sites at military bases and
convention centers, which have received criticism
 from
both Republicans and Democrats for being unsafe and unsuitable for
children.

Florida pastor Joel Tooley said
,
"we have a responsibility to care for these kids, no matter how they
come or what their background is."

**GOVERNMENT REPORTS**There were no immigration-related government
reports the week of February 28, 2022.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES****America's Labor
Shortage: How Low Immigration Levels Accentuated the Problem and How
Immigration Can Fix It**
This
policy paper focuses on the importance of attracting and retaining
immigrants to the United States to tackle America's labor shortage.

**National Immigration Forum Score Card on President Biden's First Year
in Office**
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.

**Bill Summary: Bridging the Gap for New Americans Act**
The
bill would direct the Secretary of Labor to conduct a study examining
the barriers to employment opportunities for immigrants and refugees in
the United States who have international degrees or credentials.

* * *

*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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