Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Thursday, May
26, 2022, is now posted.

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

[link removed]

All the best,

Arturo 

**LEGISLATIVE BULLETIN - Thursday, May 26, 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. 4216

**North Korean Human Rights Reauthorization Act of 2022**

Among many other provisions, the bill would require the Department of
State to create a Resettlement Office For North Korean Refugees to
facilitate the processing and relocation of North Koreans eligible for
resettlement in the United States or South Korea.

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

cosponsor-1 Democrat, 0 Republicans)

05/12/2022 Introduced in the Senate by Senator Grassley

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

S. 4224

**Make Border Security a Priority Act of 2022**

The bill would require the Department of Homeland Security (DHS) to
increase the level of spending appropriated to enhance security along
the southern land border so that it is at least equivalent to the amount
appropriated to the Secretary of Defense for the Ukraine Security
Assistance Initiative.

Sponsored by Senator Bill Cassidy (R-Louisiana) (0

cosponsors)

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

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

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 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.

05/21/2022 Signed into law by the U.S. President

H.R. 7741

**To prevent the Federal Government from using taxpayer funds to
distribute cellular devices to individuals who unlawfully cross the
southern border**

Sponsored by Representative Byron Donalds (R-Florida) (11

cosponsors- 11 Republicans, 0 Democrats)

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

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

H.R. 7854

**To authorize the Secretary of Homeland Security to adjust the status
of certain aliens who are nationals of Venezuela to that of aliens
lawfully admitted for permanent residence**

Sponsored by Representative Darren Soto (D-Florida) (1

cosponsor- 1 Democrat, 0 Republicans)

05/19/2022 Introduced in the House by Representative Soto

05/19/2022 Referred to the House Committee on the Judiciary

**LEGISLATIVE FLOOR CALENDAR**The U.S. Senate and the U.S. House of
Representatives will not be in session the week of Monday, May 30, 2022.

**UPCOMING HEARINGS AND MARKUPS**

There are no immigration-related hearings scheduled for the week of May
30, 2022.

**THEMES IN WASHINGTON THIS WEEK**

****Legal****

****Court Rules Administration Failed to Follow Proper Procedure When
Lifting Title 42 Border Policy****On May 20, a federal judge in
Louisiana ordered

the Biden administration to keep Title 42 in place beyond May 23, the
date on which the policy was set to expire. 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, the
rule has been used more than 1.8 million
 times
to expel arriving migrants.

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 an injunction against the April 1 Centers for Disease Control and
Prevention's (CDC) order
to lift
Title 42 by May 23. The court ruled that the administration had violated
procedural guidelines because the CDC did not provide a formal and
public notice and comment period before issuing the order ending Title
42, even though Title 42 itself was implemented via an emergency rule
that did not follow notice and comment procedure.

The Biden administration announced

its intention to appeal

the decision, arguing that the CDC's decision to lift Title 42 was
within the agency's authority and adding that the policy "is no longer
warranted in light of the current public-health circumstances." The
administration did not seek an emergency stay of the ruling, meaning
Title 42 is likely to remain in place in place as the appeal process
continues or until the administration remedies the court's decision by
pursuing a formal notice and comment period.

International organizations and immigration analysts have
widely criticized
 the
use of Title 42. They argue
 that
expulsions under Title 42 fail to protect the fundamental human rights
of migrants and undermine existing immigration law at the border. 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
make claims for protection from persecution and torture. This ruling

went into effect on May 23, requiring the CBP to conduct additional
screenings of family units before expelling them under Title 42. The
exact nature of these screenings is not yet clear. In April, before the
ruling went into effect, 59% of arriving migrants and 81% of arriving
family members were exempted from Title 42 and processed under
traditional Title 8 removal proceedings.

****CBP Agrees to Update Flores Settlement to Provide Humane Conditions
of Detention to Immigrant Children****On May 23, U.S. Customs and Border
Protection (CBP) reached an agreement

to update the longstanding Flores settlement
agreement that has set detailed
standards for the safe detention of immigrant children since 1997. For
decades, the Flores settlement has allowed advocates and lawyers to
inspect facilities housing migrant children, ensure officials are
providing adequate care and services to minors in U.S. custody, and seek
relief in federal court if they determine the government is violating
the terms of the agreement.

However, in June 2019, the Center for Human Rights and Constitutional
Law petitioned

the federal court overseeing compliance with the 1997 settlement to hold
the Trump administration in contempt for detaining thousands of children
in overcrowded and unsanitary cages after separating them from their
parents in violation of the Flores Agreement.

The renewed settlement agreement

is the result of two years of negotiation and it requires CBP to treat
minors in custody with "dignity, respect and special concern for their
particular vulnerability as minors." It also requires

CBP to guarantee that minors apprehended with an adult family member
"shall remain with that family member" during their time in border
patrol custody.

The agreement also mandates

CBP to grant access to detained minors to showers, hygiene kits,
age-appropriate meals, clothing, mattresses, and blankets. Moreover, the
agreement orders the appointment of an independent medical expert who
will have access to border patrol facilities in the Rio Grande and El
Paso sectors to monitor compliance with the terms of the new agreement.

****Federal****

****President Biden Signs Ukraine Aid Package Into Law****On May 21,
President Biden signed into law the Additional Ukraine Supplemental
Appropriations Act
,
a law that provides nearly $40 billion in additional military, economic
and humanitarian aid to respond to the ongoing Russian invasion of
Ukraine. The law provides 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.
Additionally, the law will 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 passage of the bill comes as the administration has swiftly got a
private sponsorship-based parole program up and running to protect
Ukrainians with ties to the U.S. As of May 19, this Uniting for Ukraine
program has received
29,000
applications, reviewed 25,000, and approved 24,000. Many Ukrainians have
already arrived, and according to an NBC News report
,
some of those sponsoring the parolees have struggled to manage all the
necessary paperwork.

****USCIS Announces Premium Processing for Certain Employment-Based
Green Card Petitions****On May 24, U.S. Customs and Immigration Services
(USCIS) announced

the expansion of premium processing for petitioners who have a pending
green card petition under the EB-1

and EB-2

classifications. Premium processing

provides - for an additional fee - expedited processing for certain
categories of applicants by guaranteeing some adjudicative action on the
case within 15 to 45 calendar days.

The agency announced that petitioners who wish to request a premium
processing upgrade must file a Request for Premium Processing Service
(Form I-907 ). In the announcement, USCIS
highlighted that the expansion of premium processing is part of the
agency's efforts

to increase efficiency and reduce burdens to the overall legal
immigration system.

****State & Local****

****El Paso, Texas, Passes Emergency Ordinance Committing Public
Resources to Migrant Humanitarian Relief Efforts****On May 23, the city
of El Paso, Texas, passed

an emergency ordinance committing public resources to migrant
humanitarian relief efforts. The ordinance will allow the city to
provide additional staffing to local migrant shelters and offer
transportation services to migrants. Additionally, the ordinance will
allow the city to provide COVID-19 testing as migrants make their way
through El Paso. The city council said

it would revisit the emergency ordinance in 30 days and depending on the
migrant situation it will decide whether to extend the ordinance.

**GOVERNMENT REPORTS**

**Department of Homeland Security Office of Inspector General (DHS-OIG),
"****ICE Did Not Follow Policies, Guidance, or Recommendations to Ensure
Migrants Were Tested for COVID-19 before Transport on Domestic
Commercial Flights**

**," May 18, 2022**This OIG report notes that U.S. Immigration and
Customs Enforcement (ICE) has failed to test immigrant adults, immigrant
families, and noncitizen unaccompanied children for COVID-19 before
transporting them on domestic commercial flights.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES**42 Border Solutions
That Aren't Title 42
This
resource provides 42 sustainable, effective border solutions that are
not Tile 42. The 42 solutions are broken up into three categories -
border processes, root causes, and border security.

Explainer: Uniting for Ukraine
This
explainer highlights the elements of the Uniting for Ukraine (U4U)
program which provide Ukrainian citizens who fleeing Russia's
aggression opportunities to come to the U.S. as parolees.

**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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