Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday, June
10, 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, June 10, 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. 4334

**United States-Colombia Bicentennial Alliance Act**

The bill, among many other provisions, would prohibit the issuance of
any type of visa to any member or leader of the Revolutionary Armed
Forces of Colombia (FARC). The bill would also require the State
Department to develop and implement a strategy, to be known as the
"Colombia Relief and Development Coherence Strategy", to support
Colombia's refugees, asylum seekers, internally displaced persons,
vulnerable migrants, and people affected by natural disasters.

Sponsored by Senator Robert Menendez (D-New Jersey) (5

cosponsors- 3 Republicans, 2 Democrats)

05/26/2022 Introduced in the Senate by Senator Menendez

05/26/2022 Referred to the Senate Committee on Foreign Relations

S. 4335

**Register America to Vote Act of 2022**

The bill, among many other provisions, would protect foreign nationals
who were not eligible to vote in federal elections but were
automatically registered to vote due to an individual or applicable
agency error. Under the bill, such individuals would not be subject to
prosecution or the loss of immigration status.

Sponsored by Senator Amy Klobuchar (D-Minnesota) (9

cosponsors- 9 Democrats, 0 Republicans)

05/26/2022 Introduced in the Senate by Senator Klobuchar

05/26/2022 Referred to the Senate Committee on Rules and Administration

H.R. 7892

**Prohibition of Agricultural Land for the People's Republic of China
Act**

The bill would require the President of the United States to take all
necessary actions to prohibit foreign nationals associated with the
Chinese government from purchasing public or private agricultural land
located in the U.S.

Sponsored by Representative Dan Newhouse (R-Washington) (15

cosponsors- 15  Republicans, 0 Democrats)

05/27/2022 Introduced in the House by Representative Newhouse

05/27/2022 Referred to the House Committees on Agriculture and Foreign
Affairs

H.R. 7946

**Veteran Service Recognition Act of 2022**

The bill would direct the Department of Homeland Security (DHS) and the
Department of Defense to implement a program that allows non-citizen
servicemembers to file for naturalization during basic training, or as
early as otherwise possible. The bill would also direct DHS to establish
a Military Family Immigration Advisory Committee, which would review the
cases of non-citizen veterans and active duty service members in removal
proceedings and provide recommendations as to whether prosecutorial
discretion is warranted, or whether the removal proceedings should
continue. The bill would also provide an opportunity for non-citizen
veterans who have been removed or ordered removed and who have not been
convicted of serious crimes to apply for and obtain legal permanent
resident status in the U.S.

Sponsored by Representative Mark Takano (D-California) (7

cosponsors- 7 Democrats, 0 Republicans)

06/03/2022 Introduced in the House by Representative Takano

06/03/2022 Referred to the House Committees on Veterans' Affairs, Armed
Services, and the Judiciary

H.R. 7983

**Biometric Verification for Entry and Reconfirming Identity with
Forensics Act of 2022 (B-Verify Act)**

The bill would require DHS to collect biometric information from foreign
nationals who are seeking entry into the United States, apprehended by
Customs and Border Protection (CBP), or receiving an immigration
benefit. The bill would also require migrant children to undergo a DNA
test to confirm familial relationships at the border.

Sponsored by Representative Lance Gooden (R-Texas) (9

cosponsors- 9 Republicans, 0 Democrats)

06/08/2022 Introduced in the House by Representative Gooden

06/08/2022 Referred to the House Committees on Homeland Security and the
Judiciary

**LEGISLATIVE FLOOR CALENDAR**

The U.S. Senate will be in session the week of Monday, June 13, 2022.

The U.S. House of Representatives will be in session from Monday, June
13, through Thursday, June 16, 2022.

**UPCOMING HEARINGS AND MARKUPS**

**Hearing: Strengthening our Workforce and Economy through Higher
Education and Immigration**

**Dates:** Tuesday, June 14, 2022, at 2:30 pm (Senate Judiciary
Committee)

**Location:** Dirksen Senate Office Building Room 226, Washington, D.C.

**Witnesses:**TBD

**THEMES IN WASHINGTON THIS WEEK**

****Federal****

****Summit of the Americas Results in Multilateral Declaration to
Protect Migrants****From June 6 through 10, the United States hosted the
ninth Summit of the Americas
. The summit - which
was attended by presidents and prime ministers from most of the 35
nations in the hemisphere - resulted in a unanimous, multilateral
migration management agreement titled the Los Angeles Declaration on
Migration and Protection
.
The Declaration is organized around four pillars: (1) stability and
assistance for communities; (2) expansion of legal pathways; (3) humane
migration management; and (4) coordinated emergency response.

Among the commitments
 reached
during the Summit, the Biden administration promised to resettle 20,000
refugees from the Americas during Fiscal Years 2023 to 2024 (the U.S. is
currently on track to resettle just 1,944 refugees from the region in FY
2022). The U.S. also pledged more than $314 million in new funding for
humanitarian and development assistance for refugees and vulnerable
migrants across the hemisphere. The Biden administration also announced
the launch of a $65 million U.S. Department of Agriculture (USDA) pilot
program to support U.S. farmers hiring agricultural workers under the
H-2A temporary work visa program.

Other multilateral commitments
 include
Canada's pledge of $26.9 million to support projects focused on
supporting the integration of refugees and migrants across the Americas;
Mexico's commitment to launch a new temporary labor program providing
work opportunities for 15,000 to 20,000 workers from Guatemala per year;
Belize's promise to regularize Central American and Caribbean migrants
who have been living without documents in the country; Colombia's
commitment to respect the temporary protected status for displaced
Venezuelan migrants in its territory; Costa Rica's promise to renew the
special temporary protection for migrants from Venezuela, Nicaragua, and
Cuba; Ecuador's commitment to create a path to a regular migration
status for Venezuelans who entered the country regularly via an official
port of entry, but who are currently out of status; and the commitment
of Spain - who participated as an observer state -to double the
number of labor pathways for Hondurans to participate in the country's
circular migration programs.

In his remarks on June 8, President Biden stated

that the Declaration on Migration and Protection "represents a
mutual commitment to invest in regional solutions that enhance
stability, increase opportunities for safe and orderly migration through
the region, and crack down on criminal and human trafficking who prey on
desperate people." He also highlighted

that orderly migration is good for the economy. He noted, however, that
"unlawful migration is not acceptable" and reiterated his commitment to
enforcing U.S. borders.

****Migrant Caravan Departs from Southern Mexico to the US****On June 6,
a caravan

ranging from 2,000 to 6,000 predominantly Venezuelan

migrants departed from southern Mexico to the United States border by
foot. While previous caravans have previously been violently broken up
and hindered by Mexican authorities, in this instance officials have
said the caravan will not be interrupted

by security forces. Instead, migrants will be issued temporary
humanitarian visas, allowing them to transit freely throughout the
country without fear of apprehension or deportation.

This new position from the Mexican government comes after a May 19
decision by the Mexican Supreme Court thatruled

the use of migration checkpoints throughout the country
unconstitutional. The Supreme Court argued that the checkpoints violated
the constitutional right to free transit of migrants. It also argued
that the checkpoints racially profiled Mexican and non-Mexican people
and severely impacted black and indigenous communities.

****Trump Administration Officials Slowed Down Reunification of Families
Separated at the Border in 2018****On June 8, a court filing

revealed that Trump administration officials deliberately slowed down
the reunification of families separated at the border in 2018 under the
"zero tolerance" border policy. The zero tolerance 
policy
resulted in the deliberate separation of more than 5,500 migrant
children from their parents in 2018. So far, only 200 families
have been
reunited thanks to the Family Reunification Task Force
, which the Biden
administration created in February 2021.

In response to the family separations, 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." Internal
correspondence released due to the case show

high-ranking Trump administration officials expressing concern that
parents were being returned to their children in Border Patrol stations
too quickly after going to criminal court. The emails further revealed
the officials' intention "to prevent this from happening."

****Refugee Resettlement Data Reveals Decline in Admissions for Third
Consecutive Month****Refugee resettlement data
released on June 5
by the State Department revealed the administration resettled a total of
1,898 refugees in May, which represents a 4.4% decrease from April. The
decrease in May represents the third consecutive month of declining
numbers. With only four months left in the fiscal year (FY), the current
resettlement pace would lead to a total of only 18,961 refugees
resettled in all of FY 2022. That number continues to lag far behind the
refugee ceiling of 125,000 announced

by President Biden last September.

The released data also revealed that the U.S. resettled only 77 refugees
from Ukraine, bringing the total number of Ukrainian refugees resettled
since February - when the Russian invasion started - to only 621.
However, despite the low number of Ukrainians entering through the
refugee resettlement program, the recently-launched Uniting for Ukraine

private sponsorship parole program has received over

45,000 applications in just over a month, and over 27,000 have already
been approved.

The May resettlement data also reveals that 629 Special Immigrant Visas
(SIVs) were granted to Afghans in May, an increase from 568 in April but
still far below summer peaks prior to the fall of Kabul when the
administration granted over 3,000 SIVs each month.

****Biden Administration Instructs ICE Agents to Consider Military
Service when Making Decisions to Deport Noncitizens and their
Families****On May 23, Immigration and Customs Enforcement (ICE) Acting
Director Tae Johnson issued a policy directive

instructing ICE personnel to consider current or prior U.S. military
service when making decisions on whether to deport noncitizens and their
families. The new directive comes at the behest of the Biden
administration to formalize a long-established -but not always
followed - practice that has led to the removal of noncitizen veterans
and service members in the past. The new policy also requires ICE to
develop a formal tracking system to collect and maintain data on
noncitizen veterans and service members to ensure compliance with the
new directive.

Under the new directive, decisions to place noncitizen veterans or
service members in deportation proceedings must be approved by top
agency leaders at local offices. Each case will be decided on the
totality of the circumstance- which includes one's criminal history,
potential pathway to citizenship, immediate family member(s), and years
of service in the military. The policy directive is consistent
with the Biden
administration's efforts to narrow the group of immigrants subject to
ICE arrest and deportation.

According to a 2019 Government Accountability Office (GAO) report
,
prior to the guidance ICE "did not properly track cases of veterans it
deported or placed in deportation proceedings, partly because it did not
require agents to ask immigrants about military service."

****Biden Administration Starts Registration Process for Temporary
Protected Status (TPS) and Special Student Relief (SSR) for
Cameroon****On June 6, the Department of Homeland Security (DHS)
announced

the start of the registration process for Temporary Protected Status
(TPS) and Special Student Relief (SSR) for Cameroon. The 18-month TPS
designation

will allow nationals from Cameroon residing in the United States since
April 14 to stay and work temporarily in the country without fear of
being returned into conflict and violence. The 18-month SSR designation

will allow Cameroonian 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.

Cameroon's designation for TPS and SSR - effective through December 7,
2023 - was announced

on April 6 as a result of the country's ongoing armed conflict between
government forces, armed separatists, and a significant rise in attacks
from Boko Haram.

****Biden Administration Reinstates Haitian Family Reunification Parole
Program****On June 9, the Biden Administration announced

the resumption of the Haitian Family Reunification Parole (HFRP) next
fall. Initially created in 2014, the HFRP Program allows certain
eligible U.S. citizens and lawful permanent residents (LPRs) to apply
for parole for their family members in Haiti. 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, HFRP
Program beneficiaries may apply for work authorization while waiting for
lawful permanent resident status.

The announcement comes after the administration relaunched

the similar Cuban Family Reunification Parole program on May 16.

****Biden Administration Offers Parole to Foreign Nationals Affected by
Shooting in Uvalde, Texas****On June 8, U.S. Citizenship and Immigration
Services (USCIS) announced

that the agency would grant humanitarian parole to foreign nationals
seeking to attend a funeral or provide emergency assistance to a family
member affected by the shooting at Robb Elementary School in Uvalde,
Texas. To apply, USCIS requested applicants to fill out Form I-131,
Application for Travel Document . The
agency also requested applicants to provide evidence of the relationship
to the affected family member, a completed Form I-134, Declaration of
Financial Support , and any other evidence

required to support the parole request.

****Legal****

****Supreme Court Rules Border Patrol Agents Cannot Be Held Individually
Liable****On June 8, the U.S. Supreme Court ruled
9-0 that a
private citizen cannot claim civil damages

against a border patrol agent who uses excessive force and illegal
retaliation in violation of the Fourth and First Amendments,
respectively.

The case, Egbert v. Boule
, stems
from a lawsuit that Robert Boule - who served as a confidential
informant helping federal agents apprehend persons engaged in unlawful
cross-border activity - filed against Border Patrol Agent Erik Egbert
for retaliation and excessive force. In his lawsuit, Boule invoked the
1971 case of Bivens v. Six Unknown Fed. Narcotics Agents
, which held that
a private individual could sue a federal officer for damages if his
fundamental rights are violated. The decision expanded

federal officers' immunity from private lawsuits and curtailed the
citizens' ability to sue law enforcement when there is no specific law
authorizing such a claim to go forward.

****State and Local****

****Massachusetts Legislature Overrides Governor's Veto Against Bill
that Allows Undocumented Immigrants to Receive Driver's Licenses****On
June 9, the Massachusetts Senate voted 32-8 to override

Massachusetts Governor Charlie Baker's veto of a bill that would allow
undocumented residents to receive driver's licenses. The vote followed a
June 8 override vote

by the state House of Representatives that passed 119-36. The bill will
require undocumented immigrants seeking a license to demonstrate their
identity and provide evidence of their residency in the state.

Recent estimates suggest that the law will benefit over 200,000
 undocumented
immigrants in the state. Massachusetts will join 16 other states and
the District of Columbia, which already have similar laws allowing
 undocumented
immigrants to access driver's licenses.

****New York State Legislature Passes Bill that Regulates For-Profit
Immigration Bond Companies****On June 4, the New York State Legislature
passed bill S7475B
, commonly known
as the Stop Immigration Bond Abuse Act (SIMBAA). The bill, which is the
first of its kind in the U.S., seeks to protect

immigrants in the state from being preyed upon by an unregulated,
exploitative immigration bond industry. Among its various provisions
,
the bill prohibits for-profit immigration bond companies from imposing
electronic shackles on their clients and caps the fees and charges on
immigration bonds.

**GOVERNMENT REPORTS**

**Congressional Research Service (CRS), "****Legal Sidebar**

**: The Biden Administration's Immigration Enforcement Priorities:
Background and Legal Considerations**

**," June 8, 2022**This CRS legal sidebar provides a brief overview of
Biden Administration's immigration enforcement guidelines. The
guidelines instruct U.S. Immigration and Customs Enforcement (ICE)
officers to exercise prosecutorial discretion and prioritize enforcement
against immigrants who pose threats to national security, public safety,
and border security.

**Government Accountability Office (GAO), "****Border Patrol: Actions
Needed to Improve Checkpoint Oversight and Data**

**"; June 6, 2022**This GAO report examines how U.S. Customs and Border
Protection (CBP) operates immigration checkpoints at more than 110
locations on U.S. highways and secondary roads. The checkpoints are
generally 25 to 100 miles inland from the southwest and northern
borders. According to the report, between 2016 and 2020, CBP apprehended
about 35,700 potentially removable people in about 17,500 events at
checkpoints.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES****The Current State
of DACA: Challenges Await in Litigation and Rulemaking**
This
explainer describes the current state of the Deferred Action for
Childhood Arrivals (DACA) program, discussing the ongoing attempts to
scale back or end the program in the courts and the current
administration's attempts to preserve the program.

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

** **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.

* * *

*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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