Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday, May
20, 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, May 20, 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. 7309

**Workforce Innovation and Opportunity Act (WIOA) of 2022**

The bill would appropriate $78 billion over six years to fund WIOA
programs to train one million workers per year by 2028. Among its many
provisions, the bill would enhance the migrant and seasonal farmworker
programs run by the Department of Labor.

Sponsored by Representative Robert Scott (D-Virginia) (55

cosponsors- 55 Democrats, 0 Republicans)

03/31/2022 Introduced in the House by Representative Scott

03/31/2022 Referred to the House Committee on Education and Labor

05/17/2022 Passed the House of Representatives after a 220-196 vote

05/18/2022 Received in the Senate and Read twice and referred to the
Committee on Health, Education, Labor, and Pensions.

H.R. 7691

**Additional Ukraine Supplemental Appropriations Act, 2022**

The bill is a funding package meant to fund the government's ongoing
response to the Russian invasion of Ukraine. Among many other
provisions, the bill would appropriate $900,000,000 to assist Ukrainian
refugees and $350,000,000 to address humanitarian needs in Ukraine and
other countries in the Eastern European region impacted by the situation
in Ukraine. The bill would also allow Ukrainian parolees the ability to
access certain resettlement benefits offered to refugees.

Sponsored by Representative Rosa DeLauro (D-Connecticut) (0
 cosponsors)

05/10/2022 Introduced in the House by Representative DeLauro

05/10/2022 Referred to the House Committees on Appropriations and on the
Budget

05/10/2022 Passed by the House by a 368 - 57
 vote

05/19/2022 Passed the Senate by a 86-11

vote.

05/19/2022 Presented to the U.S. President

H.R. 7709

**Displaced Afghan Women and Girls Education Act of 2022**

The bill would require the Department of Education to appoint a Special
Official for Displaced Afghan Women and Girls. The Special Official
would be in charge of developing and implementing programs to provide
college scholarships and educational support to women and girls who have
escaped Afghanistan and come to the United States.

Sponsored by Representative Carolyn Maloney (D-New York) (48

cosponsors- 48 Democrats, 0 Republicans)

05/10/2022 Introduced in the House by Representative Maloney

05/10/2022 Referred to the House Committee on Education and Labor

H.R. 7737

**Communist Visa Transparency Act of 2022**

The bill would require the Department of State to modify the
nonimmigrant visa application form (DS-160) to include a question to
learn whether the applicants are members of a communist party.

Sponsored by Representative Jim Banks (R-Indiana) (0

cosponsors)

05/12/2022 Introduced in the House by Representative Banks

05/12/2022 Referred to the House Committee on the Judiciary

H.R. 7756

**Border Security and Migrant Safety Act of 2022**

The bill would require the Department of Homeland Security to establish
within the National Targeting Center of U.S. Customs and Border
Protection, a dedicated intelligence cell focused on sharing information
regarding concentrated surges of migrants arriving at the land border of
the United States, and illicit smuggling and trafficking that may pose a
border security threat to the land border of the United States.

Sponsored by Representative Elissa Slotkin (D-Michigan) (1

cosponsor- 1 Republican, 0 Democrats)

05/13/2022 Introduced in the House by Representative Slotkin

05/13/2022 Referred to the House Committees on Homeland Security,
Foreign Affairs, and the Judiciary

H.R. 7757

**Emergency Migration Response Act of 2022**

The bill would allow the President of the United States, at the request
of the Department of Homeland Security (DHS) or a State or local
government entity, to declare an "extraordinary migration event"
whenever the average number of border apprehensions per week by U.S.
Customs and Border Protection is significantly higher compared to
historical data. Upon the declaration, the President would be required
to appoint a DHS official to coordinate the administration of assistance
offered to the DHS, State governments, or local entities in response to
such an event.

Sponsored by Representative Elissa Slotkin (D-Michigan) (1

cosponsor- 1 Republican, 0 Democrats)

05/13/2022 Introduced in the House by Representative Slotkin

05/13/2022 Referred to the House Committees Homeland Security, Ways and
Means, Transportation and Infrastructure, and the Judiciary

H.R. 7772

**Border Safety and Security Act of 2022**

The bill would grant discretionary authority to the Department of
Homeland Security (DHS) to suspend the entry of foreign nationals to the
United States at ports of entry whenever DHS deems necessary that such
measure would help to achieve operational control over the border.

Sponsored by Representative Chip Roy (R-Texas) (20

cosponsors- 20 Republicans, 0 Democrats)

05/13/2022 Introduced in the House by Representative Roy

05/13/2022 Referred to the House Committees on Homeland Security and the
Judiciary

H.R. 7805

**To amend title 13, United States Code, to prohibit the use of
questions on citizenship, nationality, or immigration status in any
decennial census**

Sponsored by Representative Eleanor Holmes Del. Norton (D-California) (0

cosponsors)

05/17/2022 Introduced in the House by Representative Del. Norton

05/17/2022 Referred to the House Committee on Oversight and Reform

H.R. 7821

**To authorize the Director of U.S. Immigration and Customs Enforcement
to provide stipends to certain vetted foreign members of Transnational
Criminal Investigative Units**

Sponsored by Representative Andrew Garbarino (R-New York) (8

cosponsors- 8 Republicans, 0 Democrats)

05/18/2022 Introduced in the House by Representative Garbarino

05/18/2022 Referred to the House Committee on the Judiciary

H.R. 7825

**To amend title IV of the Higher Education Act of 1965 to prohibit the
provision of funds under such title to institutions of higher education
that violate the immigration laws**

Sponsored by Representative Gregory Murphy (R-North Carolina) (3

cosponsors- 3 Republicans, 0 Democrats)

05/18/2022 Introduced in the House by Representative Murphy

05/18/2022 Referred to the House Committee on Education and Labor

S. 4171

**International Trafficking Victims Protection Reauthorization Act of
2022**

Among various provisions, the bill would require the Department of State
to inform embassies, international organizations, and foreign missions
of the rights of A-3 and G-5 foreign domestic workers, and of the
consequences of not complying with the labor laws of the United States.

Sponsored by Senator Robert Menendez (D-New Jersey) (3

cosponsors- 3 Republicans, 0 Democrats)

05/10/2022 Introduced in the Senate by Senator Menendez

05/10/2022 Referred to the Senate Committee on Foreign Relations

S. 4220

**Securing the Visa Waiver Program Act**

The bill would codify the Homeland Security Presidential Directive 6
(HSPD-6), which is an arrangement between Visa Waiver Program (VWP)
countries to share watch-list information about known or suspected
terrorists. The VWP enables citizens of specific countries to travel to
the United States for tourism or business for stays of 90 days or less
without obtaining a visa.

Sponsored by Senator Marco Rubio (R-Florida) (1

cosponsor- 1 Republican, 0 Democrats)

05/16/2022 Introduced in the Senate by Senator Rubio

05/16/2022 Referred to the Senate Committee on the Judiciary

**LEGISLATIVE FLOOR CALENDAR**

The U.S. Senate will be in session the week of Monday, May 23, 2022.

The U.S. House of Representatives will be in session for committee work
from Tuesday, May 24, through Thursday, May 26, 2022.

**UPCOMING HEARINGS AND MARKUPS**

**Hearing: Examining DHS' Efforts to Improve Processing for
International Visitors**

**Date:** Tuesday, May 24, 2022, at 9:00 am E.T. (House Committee on
Homeland Security)

**Location:** Harry Reid International Airport, 5757 Wayne Newton Blvd,
Las Vegas, NV 89119

**Witnesses:**

**Carlos Martel**, Director of Field Operations, Los Angeles Field
Office, U.S. Customs and Border Protection, U.S. Department of Homeland
Security

**Karen R. Burke**, Federal Security Director, Nevada, Transportation
Security Administration, U.S. Department of Homeland Security

**Kate Wik**, Chief Marketing Officer, Las Vegas Convention and Visitors
Authority

**Rosemary Vassiliadis**, Director of Aviation, Clark County Department
of Aviation

**THEMES IN WASHINGTON THIS WEEK**

****Federal****

****Anti-Immigrant Lie**

**Behind Buffalo Shooting****On May 14, a self-proclaimed white
supremacist shooter killed
ten
Black people and injured three more in a grocery store in Buffalo, New
York. The shooter's actions were motivated by a racist, anti-immigrant
lie commonly known as the Great Replacement theory,

which holds that welcoming immigration policies - particularly those
impacting nonwhite immigrants - are part of a plot designed to
undermine or "replace" the political power and culture of white people
living in Western countries.

The Great Replacement theory, which has become increasingly mainstream

in recent years, has so far inspired four mass shootings

in the last four years: The Pittsburgh synagogue shooting in 2018 that
killed eleven Jewish worshippers, the anti-Latino El Paso shooting in
2019 that killed 23 people, the Christchurch, New Zealand, shooting in
2019 that killed 51 Muslim worshippers, and the Buffalo shooting on May
14.

****Senate Passes Ukraine Aid Package****On May 19, the U.S. Senate
voted 86-11

to pass the Additional Ukraine Supplemental Appropriations Act
,
a bill that would provide nearly $40 billion in additional military,
economic and humanitarian aid to respond to the ongoing Russian invasion
of Ukraine. The bill would provide Ukrainians who are resettled in the
U.S. under parole - whether after arriving at the border or through
the recently created Uniting for Ukraine private sponsorship program -
access to certain resettlement benefits typically offered to refugees.
The bill would also appropriate $900,000,000 to assist Ukrainian
refugees and parolees who have resettled in the U.S. and $350,000,000 to
address humanitarian needs and assist refugees in and from Ukraine.

The bill now awaits to be signed into law by President Biden, who
thanked

Congress for "sending a clear bipartisan message to the world that the
people of the United States stand together with the brave people of
Ukraine as they defend their democracy and freedom."

****CBP Border Data Reveals Slight Increase in Migrant Encounters in
April****On May 17, 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 April. The data showed a 5.4%
increase in overall monthly encounters as the numbers increased to
222,144 in April from 221,303 in March.

While the April numbers represent a record for overall encounters, the
data shows a decrease from March in unique border crossers and in total
Border Patrol apprehensions between ports of entry. Due to continuing
high rates of repeat crossing (28%), CBP reported that the total number
of

**unique** crossers encountered in April was 157,555 - a 2% decrease
from March. Moreover, Border Patrol apprehensions between ports of entry
declined 4% in April to 201,800 from March's total of 210,749. Around
43% of all encounters - a total of 96,908 individuals - were
immediately expelled under a pandemic-era rule called Title 42, which is
expected to end on May 23.

The slight increase in overall encounters was driven predominantly by a
sharp increase in arriving migrants from Ukraine (20,118 encounters),
most of whom applied for and received humanitarian parole at official
ports of entry.  April also saw an increase of arriving migrant
families from 37,882 in March to 54,773 in April and the continued
prominent migration from Cubans (34,821 encounters).

****Biden Administration Makes Available an Additional 35,000 H-2B Visas
for the Second Half of FY 2022****On May 16, the Department of Homeland
Security (DHS) and the Department of Labor (DOL) announced

the availability of an additional 35,000 H-2B temporary nonagricultural
worker visas for the second half of fiscal year (FY) 2022. These visas
will be set aside

for U.S. employers seeking to employ additional workers from April 1
through September 30, 2022. Of the 35,000 visas, 23,500 will be
available to returning H-2B workers, and 11,500 will be reserved for
nationals of Haiti, El Salvador, Guatemala, and Honduras. The additional
visas became available on May 18.

The H-2B program

permits employers to temporarily hire noncitizens to perform
nonagricultural temporary labor or services in the United States.
Employers seeking H-2B workers must certify there are not enough U.S.
workers who are able, willing, qualified, and available to do the
temporary work for which they seek a prospective foreign worker. In
addition, they must certify that employing H-2B workers will not
adversely affect the wages and working conditions of similarly employed
U.S. workers.

DHS initially announced in late March the additional H-2B visas would be
made available, but it took almost two months (and well past April 1)
for the change to actually go into effect. Some employers have
complained

that waiting so long for the visas to become available will reduce the
impact of the policy.

****Biden Administration Reinstates Cuban Family Reunification Parole
Program****On May 16, the Biden Administration announced

a series of measures to facilitate the travel of Cubans to the United
States. Among the measures, the administration reinstated the Cuban
Family Reunification Parole (CFRP) Program and announced other reforms
to increase visa processing in Havana. The announcement comes as an
increasing number of Cuban migrants have been encountered at the
Southwest border and after bilateral negotiations

between the U.S. and Mexico allowing Title 42 expulsions of Cuban
arrivals at the border.

Initially created in 2007, the CFRP Program

allows certain eligible U.S. citizens and lawful permanent residents
(LPRs) to apply for parole for their family members in Cuba. If granted
parole, these family members may come to the United States without
waiting for their immigrant visas to become available. Once in the
United States, CFRP Program beneficiaries may apply for work
authorization while waiting for lawful permanent resident status.

In the announcement
,
the administration also highlighted its intention to strengthen family
ties and facilitate educational connections between the U.S. and Cuban
people by expanding authorized travel.

****Biden Administration Designates Afghanistan for Special Student
Relief****On May 20, the Biden Administration designated

Afghanistan for Special Student Relief (SSR). The designation will allow
Afghan students with F-1 student visas to request employment
authorization, work an increased number of hours while their academic
institution is in session, and reduce their course load while continuing
to maintain their F-1 nonimmigrant student status. Afghanistan's
designation for SSR - effective through November 20, 2023 - aims to
help Afghan students who are experiencing severe economic hardship as a
result of ongoing strife following the Taliban takeover of Afghanistan.

SSR is a
discretionary measure through which the U.S. Department of Homeland
Security (DHS) can suspend certain regulatory requirements for F‑1
students from parts of the world that are experiencing emergent
circumstances. Currently, ten countries

are designated for SSR: Syria, Venezuela, Myanmar, Yemen, Somalia,
Haiti, Hong Kong, South Sudan, Ukraine, and Afghanistan.

****Biden Administration Announces Intention to Deny Entry to the US to
16 Afghan Evacuees Held in Kosovo****According to a May 16 Axios report
,
the Biden administration intends to formally deny entry to the United
States to 16 Afghan evacuees who are among those being held for
additional screening in Camp Bondsteel in eastern Kosovo. There are
currently approximately 100 other Afghans who were sent to Camp
Bondsteel after raising derogatory flags upon initial biographic and
biometric screening. The U.S. had arranged with the Kosovo government to
hold the Afghan evacuees for 365 days while they underwent further
screening and vetting. This is the first time that the Biden
administration has denied entry to Afghans who are undergoing additional
vetting at Camp Bondsteel.

A spokesperson for the National Security Council told

Axios that "while the vast majority of Afghan evacuees have been cleared
through this process, the small number of individuals who have been
denied are examples of the system working exactly as it should."
Approximately 76,000 Afghans have been granted entry to the U.S. through
Operation Allies Welcome .

It is not clear what will happen to the 16 individuals who have been
denied entrance to the U.S. In February 2022, the U.S. reportedly

deported its first Afghan evacuee back to Taliban-controlled Afghanistan
after discovering the individual had a record of criminality.

****Legal****

****Supreme Court Rules that Federal Courts Lack Jurisdiction to Review
Facts Found as Part of Immigration Proceedings****On May 16, the U.S.
Supreme Court affirmed

an Eleventh Circuit ruling that restricted the federal courts'
jurisdiction to review certain elements of immigration court
proceedings. The case, Patel v. Garland
,
revolved around an undocumented immigrant who was denied discretionary
adjustment of status based on the fact that he ticked a box on a Georgia
driver's license application form claiming to be an American citizen.

Years later, the government initiated
removal
proceedings against Patel who, in turn, tried for a second time to renew
his adjustment of status. Patel argued before an Immigration Judge that
he had mistakenly checked the "citizen" box on the state application and
thus lacked the subjective intent to falsely represent himself as a U.S.
citizen. The Immigration Judge disagreed, denied Patel's application for
adjustment of status, and ordered his removal from the country. Patel
appealed

the decision, but the Board of Immigration Appeals dismissed Patel's
appeal. Patel petitioned the Eleventh Circuit for review but the court
held that it lacked jurisdiction to consider his claim.

In a 5-4 decision, the Supreme Court agreed that the factual
determinations of which Patel sought review - whether he had testified
credibly and whether he had subjectively intended to misrepresent
himself as a citizen - were beyond the court's authority.

**GOVERNMENT REPORTS**There were no government-issued
immigration-related reports the week of Monday, May 16, 2022.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES****The Great
Replacement Theory, Explained**
This
explainer is designed to help anyone understand what this "great
replacement" theory is, where it came from, and how it is being used
today. We also explore the implications of its growing popularity, and
how we can fight back against its spread.

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: 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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