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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: https://immigrationforum.org/article/legislative-bulletin-friday-march-4-2022/
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
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
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
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
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
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
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
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
This policy paper focuses on the importance of attracting and retaining immigrants to the United States to tackle America's labor shortage.
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.
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.
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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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