Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday, April
29, 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, April 29, 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. 4082

**A bill to prohibit the use by the Department of Veterans Affairs of
funds to provide emergency assistance at the southern border of the
United States resulting from the repeal of certain public health
orders**

The bill would prohibit the Department of Veterans Affairs from using
federal funds to provide emergency assistance in response to an
emergency at the U.S.-Mexico border directly resulting from the repeal
of Title 42.

Sponsored by Senator John Boozman (R-Arkansas) (11

cosponsors- 11 Republicans, 0 Democrats)

04/26/2022 Introduced in the Senate by Senator Boozman

04/26/2022 Referred to the Senate Committee on Veterans' Affairs

S. 4088

**A bill to prohibit the Secretary of Health and Human Services from
lessening the stringency of, and to prohibit the Secretary of Homeland
Security from ceasing or lessening implementation of, the COVID-19
border health provisions through the end of the COVID-19 pandemic**

Sponsored by Senator Ted Cruz (R-Texas) (0

cosponsors)

04/26/2022 Introduced in the Senate by Senator Cruz

04/26/2022 Placed on Senate Legislative Calendar under Read the First
Time

04/27/2022 Placed on Senate Legislative Calendar under General Orders

S. 4096

**A bill to require U.S. Customs and Border Protection to perform an
initial health screening on all detainees**

Sponsored by Senator Ben Ray Lujan (D-New Mexico) (2

cosponsors- 2 Democrats, 0 Republicans)

04/27/2022 Introduced in the Senate by Senator Lujan

04/27/2022 Referred to the Senate Committee on the Judiciary

H.R. 7548

**Securing Americans from Transportation Insanity Act**

The bill would prohibit the use of federal funds to modify the
Transportation Security Administration's (TSA) Standard Operating
Procedures (SOP) for sex-based security screenings, including requiring
U.S. Customs and Border Protection (CBP) to use gender-neutral language
and an individual's self-identified pronouns or name.

Sponsored by Representative Lauren Boebert (R-Colorado) (11

cosponsors- 11 Republicans, 0 Democrats)

04/21/2022 Introduced in the House by Representative Boebert

04/21/2022 Referred to the House Committee on Homeland Security

H.R. 7549

**Seasonal Worker Solidarity Act of 2022**

The bill would reform the H-2B guest worker visa program to improve
labor standards for guest workers, create a pathway to citizenship for
guest workers and their families, and prevent U.S. workers from being
passed over for seasonal job opportunities.

Sponsored by Representative Joaquin Castro (D-Texas) (14

cosponsors- 14 Democrats, 0 Republicans)

04/21/2022 Introduced in the House by Representative Castro

04/21/2022 Referred to the House Committee on the Judiciary

H.R. 7579

**Western Hemisphere Nearshoring Act**

The bill, among various other provisions, would grant authority to the
President of the United States to initiate negotiations to obtain
cooperation and trade agreements with all Latin American and Caribbean
countries as a means to tackle the root causes of migration and become
more competitive vis-à-vis China.

Sponsored by Representative Mark Green (R-Tennessee) (2

cosponsors- 1 Democrat, 1 Republican)

04/26/2022 Introduced in the House by Representative Green

04/26/2022 Referred to the House Committees on Ways and Means and on
Foreign Affairs

H.R. 7586

**Securing the Border for Public Health Act of 2022**

The bill would allow the Department of Homeland Security to suspend the
entries of people and imports of designated countries as long as it
justifies that the suspension would prevent the spread of communicable
diseases.

Sponsored by Representative Debbie Lesko (R-Arizona) (1

cosponsor- 1 Republican, 0 Democrats)

04/26/2022 Introduced in the House by Representative Lesko

04/26/2022 Referred to the House Committee on Energy and Commerce

H.R. 7595

**To establish the Victims of Immigration Crime Engagement Office within
the Department of Homeland Security**

Sponsored by Representative Jack Bergman (R-Michigan) (4

cosponsors- 4 Republicans, 0 Democrats)

04/27/2022 Introduced in the House by Representative Bergman

04/27/2022 Referred to the House Committee on the Judiciary

**LEGISLATIVE FLOOR CALENDAR**

The U.S. Senate will be in session the week of Monday, May 2.

The U.S. House of Representatives will not be in session the week of
Monday, May 2.

**UPCOMING HEARINGS AND MARKUPS**

**Hearing: To examine medical mistreatment of women in ICE detention**

**Date:** Tuesday, May 3, 2022, at 10:00 am E.T. (Senate Committee on
Homeland Security and Government Affairs)

**Location:** 562 Dirksen Senate Office Building, Washington, D.C.

**Witnesses:**TBD

**Hearing: Resources and Authorities Needed to Protect and Secure the
Homeland**

**Date:** Wednesday, May 4, 2022, at 2:30 pm E.T. (Senate Committee on
Homeland Security and Government Affairs)

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

**Witnesses:**The Honorable Alejandro N. Mayorkas, Secretary of Homeland
Security

**Hearing: Securing and Ensuring Order on the Southwest Border**

**Date:** Thursday, May 5, 2022, at 10:15 am E.T. (Senate Committee on
Homeland Security and Government Affairs)

**Location:** 106 Dirksen Senate Office Building, Washington, D.C.

**Witnesses:**TBD

**THEMES IN WASHINGTON THIS WEEK**

****Federal****

****Biden Administration Outlines Plan to Address Increases in Migration
After End of Title 42****On April 26, the Department of Homeland
Security (DHS) published a memorandum

that outlines the Biden administration's plan to manage and secure the
southwest border if and when Title 42 restrictions are lifted as planned
on May 23. 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.

The memorandum describes a six-pillar plan that details how the
administration plans to address increases in migration. The first pillar
is providing additional resources

to the border, including personnel, transportation, medical support, and
facilities to support border operations. Second, the plan describes
efforts to enhance CBP's processing efficiency

to mitigate potential overcrowding at Border Patrol stations and
expedite claims for protection made by arriving migrants. The plan also
describes additional penalties for repeat border crossers and those
attempting to evade detection, efforts to bolster the capacity of
non-governmental partners, and enhanced actions to target and disrupt
smugglers and transnational criminal organizations. The sixth and final
pillar of the plan is a focus on continuing negotiations with Latin
American and Caribbean countries to cooperate on migration management.

The memorandum concludes

by highlighting that the United States' outdated immigration system was
not built to manage the current levels and types of

migratory flows that the country is experiencing. It urges Congress to
pass legislation that would sustainably address the situation at the
border.

Despite the release of the plan, the Biden administration continued to
receive significant pushback

on its decision to roll back Title 42 border restrictions by May 23,
including from some moderate Senate Democrats.

****White House Funding Request Includes Afghan Adjustment Act, Benefits
for Ukrainian Parolees****On April 28, the Biden administration sent a
$33 billion supplemental funding request

to Congress to continue to address the ongoing fallout from Russia's
invasion of Ukraine. According to reports
on
April 29, the funding request includes provisions that would provide a
pathway to permanent status to Afghan evacuees who have been resettled
in the U.S. under parole and currently have no clear option to stay in
the country. Veterans, faith leaders, and advocacy groups have been
calling for the passage of
provisions that would provide stability to Afghan parolees in the form
of an adjustment act, which has been used in previous parole-based
evacuations
.

The supplemental funding request also reportedly includes provisions
that would provide additional benefits to a growing number of Ukrainian
parolees, who currently are only offered protection from deportation and
the ability to apply for work authorization.

****Secretary Mayorkas Testifies Before House Committees, Discusses
Immigration Policies****On April 27 and 28, Secretary of Homeland
Security Alejandro Mayorkas testified

in three congressional hearings before different committees to discuss
the Biden administration's immigration policies. In his testimony,
Secretary Mayorkas highlighted efforts to welcome Ukrainians and Afghans
fleeing oppression and justified the administration's Fiscal Year 2023
funding requests for programs throughout DHS.

Mayorkas also outlined

the administration's strategy to secure and manage America's borders
while building a safe, orderly, and humane immigration system. Mayorkas
noted that violence, food insecurity, poverty, and lack of economic
opportunity in several countries in the Western Hemisphere are driving
unprecedented levels of migration to the U.S.-Mexico border. He added
that the devastating economic impact of the COVID-19 pandemic on the
region has only exacerbated these challenges, while human smuggling
organizations peddle misinformation to exploit vulnerable migrants for
profit.

During the hearings, Secretary Mayorkas received significant criticism
from Republican representatives, most of whom criticized

the administration's management of the southern border. Several House
Republicans have raised the prospect

of impeaching Secretary Mayorkas should they take the majority in 2023.

****Bipartisan Group of Senators Relaunch Immigration Negotiations****On
April 28, Senate Judiciary Chairman Richard Durbin (D-Illinois) met

with Senators Thom Tillis (R-North Carolina), Alex Padilla
(D-California), and John Cornyn (R-Texas) to discuss possible bipartisan
immigration reforms that could garner 60 votes, the minimum needed to
overcome a filibuster in the Senate.

The senators said

they discussed several topics, such as reform

to the agriculture-based immigration system, changes for foreign workers
stuck in the green card backlog, and protections for the more than
200,000 children who were
brought into the U.S. legally, but are in danger of "aging out" of
status at 21 and being forced to self-deport.

After the meeting, the participants stated

that the negotiation was still in the early stages but expressed
satisfaction with resuming immigration-related talks. Senator Padilla,
who chairs the Judiciary Committee's immigration panel, said the group
plans to meet again next week, but nothing has been scheduled yet.

****Biden Administration Launches U.S.-Honduras Strategic Dialogue in
Effort to Tackle Root Causes of Migration****On April 26, the Biden
administration and the Honduran government launched
the United
States-Honduras Strategic Dialogue to open channels of communication and
cooperation between both countries. The dialogue - proposed by Vice
President Harris to Honduras's President Xiomara Castro - advances
joint priorities to address the root causes of migration. Among its key
elements, the dialogue focuses on economic recovery, and seeks to foster
anti-corruption and good governance, improve human rights protections,
reduce gender-based violence, provide Covid-19 vaccines and medical
equipment, assist Hondurans in increasing their own border security, and
ensure a humane management of irregular migration.

****Legal****

****Supreme Court Holds Oral Arguments to Determine Whether the Biden
Administration May End MPP****On April 26, the U.S. Supreme Court held
oral arguments

to determine whether the Biden administration may end Migrant Protection
Protocols

(MPP), commonly known as Remain in Mexico. The case, Biden v. Texas
, brought
by the states of Texas and Missouri, challenges the administration's
termination of MPP, arguing that according to statute the Biden
administration - and each administration before it - is actually
required to implement MPP as long as it does not have the capacity to
physically detain all arriving migrants.

Soon after taking office, the Biden administration stopped

enrollment in MPP, and it officially terminated the program in June
2021. However, on August 13, a federal judge in Texas ruled

that the termination of MPP violated the APA. Hence, in compliance with
court orders, the Biden administration resumed

the implementation of MPP on December 6. On December 29, the Biden
administration asked

the Supreme Court to consider its arguments to end MPP after the Fifth
Circuit rejected its appeal on December 14. The Supreme Court granted
certiorari
to
the Biden administration's petition on February 18.

The use of MPP at the border has been increasing, with over 1,400

initial enrollments documented in March alone, up from 896 in February.

****US District Court in Louisiana Issues Temporary Restraining Order to
Prevent Phase-Out of Title 42****On April 27, a federal judge in
Louisiana temporarily blocked

the Biden administration from phasing out the implementation of Title
42. Title 42 - set to end on May 23 - 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.

The case Louisiana et al v. Centers for Disease Control & Prevention et
al
,
stems from a lawsuit filed by Louisiana, Arizona, and Missouri that
sought a temporary restraining order against any winding down of Title
42 before May 23. In their lawsuit, the states said

there were indications that many migrants from Guatemala, Honduras, and
El Salvador were already not being subjected to Title 42 expulsions,
more than a month before the scheduled lifting of the order.

The Department of Homeland Security acknowledged

in its response to the motion that it had begun processing some migrants
from Central America - about 14 percent during a recent one-week
stretch - under pre-pandemic guidelines. However, the agency said, the
migrants were not necessarily being allowed to remain in the country,
but were being placed in expedited removal proceedings under U.S.
immigration law.

In that regard, a Louisiana federal judge issued a 14-day temporary
restraining order

blocking border authorities from phasing out Title 42 while the court
continued to weigh the states' arguments. In the order, the judge
indicated he found the case against the administration compelling and
appears poised to further delay the lifting of Title 42.

****Texas and Arizona Challenge Biden Administration's Rule on Asylum
Processing at the Border****On April 28, Texas and Arizona asked courts
to block

a rule
that would allow U.S. Citizenship and Immigration Services (USCIS)
asylum officers to adjudicate asylum applications of certain recent
border-crossers, alleviating the immigration court case backlog and
lessening the wait time for families to have their cases heard.

The rule also includes several changes

that expedite the asylum application process and address some due
process concerns for those placed into expedited removal proceedings.
Under the rule, asylum seekers at the border who pass initial "credible
fear interviews" are placed into a non-adversarial, timely asylum
adjudication process conducted by USCIS asylum officers.

In the suit, the state of Texas argued

that the promulgation of the asylum rule - which is set go into effect
on May 31 - violates the Administrative Procedures Act. The suit
further claims that the rule "upends the entire adjudicatory system to
the benefit of aliens."

****State & Local****

****Tennessee Governor Signs into Law Bipartisan Bill that Allows DACA
Recipients to Apply for Professional and Commercial Licenses****On April
26, Tennessee Governor Bill Lee signed

into law a new bill that enables foreign nationals who have been granted
either Deferred Action for Childhood Arrival (DACA) or Temporary
Protected Status (TPS) to obtain professional and commercial licenses as
long as they meet all other requirements of the licensing board. The
bipartisan amendment was approved

by the Tennessee House (56-35) and the Tennessee Senate (20-7) and was
transmitted to the Governor on April 22. The new law will allow
approximately

7,000 DACA recipients and 3,000 TPS holders the ability to obtain
professional licenses.

The act was passed to address labor shortages that have impacted nearly
50%

of small business owners in Tennessee, who have been unable to fill job
openings. Under the status quo, many DACA recipients and TPS holders who
have been raised and educated in Tennessee have left

for other states where they can legally obtain professional licenses.
This bill will mean that non-U.S. citizens with work authorization will
no longer need to leave the state to find employment.

**GOVERNMENT REPORTS**

**Congressional Research Service (CRS), "****Temporary Protected Status
and Deferred Enforced Departure**

**," April 19, 2022**This report presents an overview of the elements,
background, and countries currently designated for Temporary Protected
Status (TPS) and Deferred Enforced Departure (DED). TPS is a provision
that allows the Department of Homeland Security to designate countries
experiencing civil unrest, violence, or natural disasters to prevent the
removal of nationals of such nations from the United States. As of
February 16, 2021, approximately 354,625 foreign nationals from twelve
countries who are living in the United States are protected by TPS. DED
is a temporary, discretionary, administrative stay of removal granted to
immigrants from designated countries. Unlike TPS, a DED designation
emanates from the President's constitutional powers to conduct foreign
relations and has no statutory basis. Certain Liberians, Venezuelans,
and residents of Hong Kong present in the United States currently
maintain relief under DED.

**Department of Homeland Security Office of Inspector General (DHS-OIG),
"****Violations of ICE Detention Standards at South Texas ICE Processing
Center**

**," April 22, 2022**This OIG report highlights that the South Texas
U.S. Immigration and Customs Enforcement (ICE) Processing Center in
Pearsall, Texas, failed to meet ICE detention standards that compromised
the health, safety, and rights of detainees. Particularly, it failed to
meet standards for grievances, segregation, COVID-19 response, and
communications with detainees.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES**Addressing
Increases in Migration at the Southwest Border
This
updated 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: Uniting for Ukraine**
This
resource explains the elements of the Uniting for Ukraine program,
launched by the Biden administration on April 21, to provide Ukrainian
citizens who have fled Russia's unprovoked war of aggression
opportunities to come to the U.S.

**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.

* * *

*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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