Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday, April
22, 2022, is now posted.

You can find the online version of the bulletin
here: [link removed]

[link removed]

All the best,

Arturo 

**LEGISLATIVE BULLETIN - Friday, April 22, 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.R. 7507

**To provide increased penalties for a country that denies or delays
accepting 2,000 aliens who are nationals of that country**

Sponsored by Representative Madison Cawthorn (R-North Carolina) (1

cosponsor- 1 Republican, 0 Democrats)

04/14/2022 Introduced in the House by Representative Cawthorn

04/14/2022 Referred to the House Committee on the Judiciary

H.R. 7528

**No Aid for Abetting Illegal Immigration Act**

The bill would prohibit the President of the United States from
providing assistance to El Salvador, Guatemala, Honduras, Mexico, or
Nicaragua unless these countries develop and implement laws and policies
to cease the flow of migrants through their countries to the United
States.

Sponsored by Representative Randy Weber (R-Texas) (9

cosponsors- 9 Republicans, 0 Democrats)

04/14/2022 Introduced in the House by Representative Weber

04/14/2022 Referred to the House Committee on Foreign Affairs

**LEGISLATIVE FLOOR CALENDAR**

The U.S. Senate will be in session the week of Monday, April 25.

The U.S. House of Representatives will be in session from Tuesday, April
26, through Friday, April 29.

**UPCOMING HEARINGS AND MARKUPS**

**Hearing: Oversight of Federal Efforts to Combat Human Trafficking**

**Date:** Wednesday, April 27, 2022, at 10:00 am E.T. (House Judiciary
Committee)

**Location:** 2141 Rayburn House Office Building, Washington, D.C.

**Witnesses:**TBD

Hearing: Oversight of the Department of Homeland Security

**Date:** Thursday, April 28, 2022, at 10:00 am E.T. (House Judiciary
Committee)

**Location:** 2141 Rayburn House Office Building, Washington, D.C.

**Witnesses:**TBD

**THEMES IN WASHINGTON THIS WEEK**

****Federal****

****Biden Administration Faces Pushback on Decision to End Title
42****The Biden administration has received significant pushback on its
decision
to roll back Title 42 border restrictions by May 23, including from
congressional Democrats. At least ten Senate Democrats - including

Senator and Chair of the Homeland Security and Government Affairs
Committee Gary Peters (D-Michigan) - have called on the
administration to delay the end of Title 42 until there is a more
concrete plan to replace the policy. A bipartisan bill aimed at
extending the use of Title 42 beyond May 23 called the Public Health and
Border Security Act of 2022

has received the support of five

Senate Democrats and six

House Democrats.

Title 42 is a pandemic-era order that both the Trump and Biden
administrations have used since March 2020 to rapidly expel arriving
migrants without providing them the opportunity to seek asylum. Since
its implementation two years ago, immigration officials have used the
rule over 1.7 million 
times
to expel migrants. According to an April 19 Axios report
,
some members of President Biden's inner circle are considering delaying
the repeal of the policy past May 23.

Advocacy groups and international organizations have widely criticized
 the
use of the policy at the border. They argue
 that
deportations under Title 42 are inconsistent with international norms
and fail to manage the border in an orderly and humane fashion. A recent
Human Rights First report
 revealed
that at least 9,886 
migrants
expelled at the U.S.-Mexico border under Title 42 had been victims of
kidnapping, torture, rape, and other violent attacks. Title 42 has also
been subject to multiple legal challenges, resulting in a March 4
decision
 in
the D.C. Circuit Court of Appeals that ruled the administration cannot
expel migrant families under Title 42 without first allowing them to
seek protection under U.S. law.

The administration has announced a plan

to replace Title 42 and address potential increases in migration at the
border, including increasing resources and personnel to assist with
migrant processing, implementing a new rule to expedite asylum
processes, and engaging in bilateral negotiations with other countries
in the hemisphere.

****Biden Administration Announces New Streamlined Process to Welcome
Ukrainians Fleeing Russia's Invasion****On April 21, the Biden
administration announced

a new private sponsorship parole program called Uniting for Ukraine to
expand the available pathways for Ukrainian citizens who have been
displaced by Russia's invasion to come to the United States.

To be eligible
,
Ukrainians must have a financial sponsor in the United States, and they
must have been residents in Ukraine as of February 11, 2022. They must
also complete vaccinations and other public health requirements and pass
a series of security screenings. Beginning on April 25, 2022, an online
DHS portal will allow U.S.-based individuals and entities to apply to
sponsor displaced Ukrainians. Those hoping to sponsor will be required
to declare their financial support and pass security background checks.

The program is not part of the refugee resettlement system and would
instead offer up to two years of humanitarian parole. Parolees would be
protected against deportation and be eligible to apply for work
authorization but would not be eligible for other resettlement benefits
and assistance that is offered to refugees. Unlike refugees, Ukrainian
parolees would also not have a clear path to permanent status.

The program comes on the heels of a March 24 announcement
in
which President Biden committed to welcoming 100,000 Ukrainian refugees
through a variety of legal pathways. Because refugee resettlement and
other visa pathways are heavily backlogged, prior to the announcement of
the Uniting for Ukraine program thousands of Ukrainians traveled

to Mexico and then attempted to apply for protections at the U.S.-Mexico
border. Many were welcomed in under parole at ports of entry, while
others remain waiting near the border. As part of the administration's
April 21 announcement, Ukrainians will be turned away

at the border on April 25 and encouraged to instead apply through the
Uniting for Ukraine portal. It is unclear what will happen to those who
are still waiting in Mexico.

On April 19, the Biden administration also published

the designation of Temporary Protected Status (TPS) and Special Student
Relief (SSR) authorization for Ukrainians who were present in the U.S.
as of April 11, 2022. Special Student Relief
is the
suspension of certain regulatory requirements by the Department of
Homeland Security for F‑1 students from parts of the world that are
experiencing extraordinary and emergent circumstances.

****CBP Border Data Reveals Sharp Increase in Migrant Arrivals in
March****On April 18, U.S. Customs and Border Protection (CBP) released

official data on the number of migrants the agency had apprehended or
encountered at the border in the month of March. The data showed a 34%
increase in overall monthly arrivals as the numbers increased to 221,303
in March from 164,973 in February. The overall numbers continue to be
inflated by a high number of repeat crossers, with recidivism rates
reported

at 28%. Taking this repeat crosser rate into account, CBP reported

that the total number of "unique" crossers encountered was 159,900 - a
28% increase from February.

Around 50% of all encounters - a total of 109,509 individuals - were
immediately expelled under a pandemic-era rule called Title 42, which is
expected to end on May 23.

The sharp increase in overall apprehensions was fueled by an increase in
migration across demographics and nationality groups. Particularly
prominent increases include
a 94%
increase in migration from Cuba (32,296 encounters), a 1104% increase in
migration from Ukraine (3,274 encounters), and a record-high number of
unaccompanied Mexican children (3,019 encounters).

****USCIS Received 483,927 Requests for H-1B Specialty Occupation Visas
for FY 2023****On April 14, U.S. Citizenship and Immigration Services
(USCIS) reported

that the agency had received a staggering 483,927 requests for H-1B
specialty occupation visas for fiscal year (FY) 2023. These numbers
represent a 36% increase over FY 2022 when the agency received 308,613
requests. Despite the high number of applicants, H-1B visas are annually
capped

at 85,000, out of which 20,000 H-1B visas are reserved for graduates
with advanced degrees from a U.S. institution, and 65,000 are available
for other applicants.

The H-1B program

allows companies and other employers in the United States to temporarily
employ foreign workers in highly specialized occupations that require at
least a bachelor's degree or higher in the specific specialty. H-1B
specialty occupations may include fields such as architecture,
engineering, mathematics, physical sciences, social sciences, medicine
and health, education, business specialties, accounting, law, theology,
and the arts.

****Biden Administration Expands Hemispheric Strategies to Manage
Migration****On April 19, the Biden administration signed

an agreement with Panama to improve the management of migration between
the two countries and increase access to legal pathways to immigration.
That agreement came after Panama, Mexico and Costa Rica established visa
requirements that make it more difficult for Venezuelans and Cubans to
transit through their countries toward U.S. territory. Moreover, on
April 21, the Biden administration and Cuba held talks

to restore the terms of bilateral migration accords under which the
United States agreed to issue at least 20,000 immigrant visas annually
to Cubans, and Cuba agreed to accept deportation flights of those who
arrived illegally or were deemed otherwise inadmissible. A similar
agreement

was reached between the United States and Costa Rica last month.

On April 20, the Biden administration published

updates on the Collaborative Migration Management Strategy (Migration
Strategy). Launched in July 2021 by the Biden administration, the
Migration Strategy seeks to improve regional cooperation to manage
migration and enhance access to lawful pathways for migration. Among the
updates, the Biden administration highlighted that it pledged

$310 million for El Salvador, Guatemala, and Honduras, out of which $255
million will go to humanitarian relief and $55 million will go toward
addressing food insecurity to tackle some of the root causes of
migration.

****Biden Administration has Reunited 200 Families Separated Under Trump
Presidency****On April 18, the Biden Administration reported
that the
Family Reunification Task Force has so far reunited 200 families after
being separated under former President Trump's "zero-tolerance" border
policy.

The zero-tolerance
 policy
- which was met with widespread criticism from members of Congress,
faith groups, and the general public - resulted in the deliberate
separation of more than 3,900 migrant children from their parents in
2018. In response, the American Civil Liberties Union (ACLU) filed
a class-action lawsuit
 against
the government, "seeking damages on behalf of thousands of traumatized
children and parents who were forcibly torn from each other."

****State & Local****

****26 GOP Governors Create 'Border Strike Force' to Address Security at
the Border****On April 19, the Republican Governors of 26 states -
spearheaded by Texas Governor Greg Abbott and Arizona Governor Doug
Ducey - announced

the creation of the

**"**American Governors' Border Strike Force." The Border Strike Force
was launched through a memorandum

signed by the Governors that details plans to establish a multi-state
partnership to deter, disrupt, and dismantle drug trafficking and
transnational criminal organizations that operate along the U.S.-Mexico
border.

The new partnership aims

to enhance interstate collaboration and intelligence sharing to tackle
human smuggling and reduce drug flow in the participating states. In the
agreement, each Governor committed to designate

one senior law enforcement official to formulate plans for procedures
that will assist other states with border security.

**GOVERNMENT REPORTS**

**Government Accountability Office (GAO), "****CBP Should Improve Data
Collection, Reporting, and Evaluation for the Missing Migrant Program**

**,"; April 20, 2022**This GAO report highlights that the U.S. Customs
and Border Protection (CBP) Missing Migrant Program, created in 2017 to
help rescue migrants in distress and reduce migrant deaths along the
southwest border, has failed to collect and record complete data on
migrant deaths and does not have a plan to evaluate how the program is
working.

**Department of Homeland Security Office of Inspector General (DHS OIG),
"****Yuma Sector Border Patrol Struggled to Meet TEDS Standards for
Single Adult Men but Generally Met TEDS Standards for Other
Populations**

**," April 14, 2022**This DHS OIG report highlights that U.S. Customs
and Border Protection (CBP) facilities in the Yuma Sector failed to meet
the National Standards on Transport, Escort, Detention, and Search of
immigrants in their custody. The report reveals that single adult men
were held in crowded conditions, and those held in overflow military
tents experienced temperatures exceeding 95 degrees. The report also
highlights that Yuma station's systems do not accurately reflect which
detainees are held in cells indoors and in overflow military tents
outdoors. Moreover, information about access to supplies, showers, and
medical screening was unreliable.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES**Addressing
Increases in Migration at the Southwest Border
This
resource provides policy recommendations that would create more humane
and efficient border processing, refocus on regional approaches that
combat trafficking networks and address the root causes of migration,
and enact practical border security fixes that address key remaining
vulnerabilities.

**Explainer: Title 42 and What Comes Next at the Border**
This
explainer provides more information about the Title 42 border policy,
its impact on the border, and what will happen when the policy is lifted
on May 23.

**Bill Analysis: Jumpstart Our Legal Immigration System Act**
The
bill seeks to recapture the unused family-based, employment-based, and
diversity immigrant visas accumulated over the past three decades, going
back to fiscal year (FY) 1992. The bill would also permit immigrants
residing in the United States and their dependents an expedited process
to file for adjustment of status, allowing them to file when eligible
for lawful permanent resident (LPR) status, even if a visa number is not
yet available. This would allow them to obtain work authorization while
waiting for a visa to become available, which among other benefits,
would prevent Documented Dreamers from "aging out" of LPR eligibility at
21 and being forced to self-deport.

* * *

*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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