Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday, June
17, 2022, is now posted.

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

All the best,

Arturo 

**LEGISLATIVE BULLETIN - Friday, June 17, 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. 4370

**Keep Our Communities Safe Act of 2022**

The bill would require DHS to indefinitely detain immigrants who have
not been accepted for deportation to other countries if they have a
highly contagious disease; if their release would have serious adverse
foreign policy consequences; if their release would threaten national
security; or if their release would threaten the safety of the community
because the immigrant is an aggravated felon or has committed a crime of
violence.

Sponsored by Senator James Inhofe (R-Oklahoma) (22

cosponsors- 22 Republicans, 0 Democrats)

06/09/2022 Introduced in the Senate by Senator Inhofe

06/09/2022 Referred to the Senate Committee on the Judiciary

H.R. 7960

**Citizen Vote Protection Act**

The bill would require states to issue driver's licenses and
identification cards that expressly mention whether or not the holder is
a U.S. citizen. If the person to whom the license or identification card
is issued is not a U.S. citizen, the document shall refrain from further
including the immigration status of that person.

Sponsored by Representative Rodney Davis (R-Illinois) (0

cosponsors)

06/07/2022 Introduced in the House by Representative Davis

06/07/2022 Referred to the House Committees on Oversight and Reform, and
House Administration

H.R. 8019

**Professional's Access to Health Workforce Integration Act of 2022**

The bill would authorize the Department of Health and Human Services
(HHS) to award grants for career support for skilled internationally
educated health professionals.

Sponsored by Representative Lucille Roybal-Allard (D-California) (1

cosponsor- 1 Democrat, 0 Republicans)

06/09/2022 Introduced in the House by Representative Roybal-Allard

06/09/2022 Referred to the House Committee on House Committee on Energy
and Commerce

H.R. 8028

**Border Construction Materials Transfer Act of 2022**

The bill would require the federal government to transfer to the states
of Texas, New Mexico, Arizona, and California, without reimbursement,
any unused material associated with the construction of barriers along
the Southwest border.

Sponsored by Representative James Baird (R-Indiana) (0

cosponsors)

06/13/2022 Introduced in the House by Representative Baird

06/13/2022 Referred to the House Committee on Homeland Security

H.R. 8048

**Solitary Confinement Study and Reform Act of 2022**

The bill would create a bipartisan commission focused on studying the
effects of solitary confinement in America's prison system, including
immigrant detention centers.

Sponsored by Representative David Trone (D-Maryland) (3

cosponsors- 3 Republicans, 0Democrats)

06/13/2022 Introduced in the House by Representative Trone

06/13/2022 Referred to the House Committee on the Judiciary

H.R. 8056

**To require the Secretary of Homeland Security to assess technology
needs along the maritime border and develop a strategy for bridging such
gaps**

Sponsored by Resident Commissioner Jennifer Gonzalez-Colon (R-Puerto
Rico) (3 cosponsors- 3 Republicans, 0 Democrats)

06/14/2022 Introduced in the House by Resident Commissioner
Gonzalez-Colon

06/14/2022 Referred to the House Committee on Homeland Security

**LEGISLATIVE FLOOR CALENDAR**The U.S. Senate and the U.S. House of
Representatives will be in session from Tuesday, June 21, through
Friday, June 24, 2022.

**UPCOMING HEARINGS AND MARKUPS**

**Hearing: Addressing Root Causes of Migration from Central America
through Private Investment: Progress in VP Harris' Call to Action**

**Dates:** Wednesday, June 22, 2022, at 10:00 am (House Committee on
Foreign Affairs)

**Location:** 2172 Rayburn House Office Building, Washington, D.C.

**Witnesses:**

**Ms. Celina de Sola**, Co-Founder and President of Glasswing
International

**Mr. Jonathan Fantini-Porter**, Co-Founder and Executive Director of
Partnership for Central America

**Mr. Eric Farnsworth**, Vice President of the Council of the Americas
and the Americas Society

**THEMES IN WASHINGTON THIS WEEK**

****Federal****

****As DACA Reaches Tenth Anniversary, Future of the Program Remains in
Limbo****On June 15, the Deferred Action for Childhood Arrivals (DACA
)
program - created in 2012 via executive action - reached its tenth
anniversary. As many DACA recipients have relied on the program to build
lives and start families
in the U.S.,
the program continues to face a legal challenge that has put their
status at risk and hindered the ability of first-time DACA applicants to
receive adjudications on their cases.

On July 16, 2021, a District Judge in Texas issued a ruling

holding DACA to be unlawful and preventing U.S. Customs and Immigration
Services (USCIS) from approving new DACA applications. However, noting
the reliance interest of current DACA recipients, the judge temporarily
stayed the injunction for individuals who obtained DACA on or before
July 16, 2021, which in practice permits DACA renewals. The Biden
administration appealed the decision to the U.S. Court of Appeals for
the Fifth Circuit, where the appeal remains pending.

DACA provides work permits and protection from deportation to certain
undocumented individuals who came to the United States as children. DACA
recipients - who can renew their status every two years - are also
able

to lawfully obtain Social Security numbers and state identification
cards or driver's licenses. DACA does not provide lawful status and it
does not provide a pathway to permanent status, such as a green card or
citizenship. According to USCIS, as of December 31, 2021, there are
611,470

current DACA recipients in the United States.

****CBP Border Data Reveals Record Number of Encounters in May****On
June 14, 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 May. The data showed a slight 1.7% increase in
overall monthly encounters as the numbers increased to 239,416 in May
from April's total of 235,478.

The encounter data continues to be inflated by a high number of repeat
crossers, with recidivism rates reported at 25%. Taking this repeat
crosser rate into account, CBP reported that the total number of
"unique" crossers encountered was 177,973 - a 15%

increase from April. In addition, due to improved border security, CBP
now apprehends a far higher percentage - approximately 82.6% - of
all border crossers than in past years. As a reference point, between FY
2002 and FY 2006, CBP estimates

it interdicted 35.5% of attempted border crossers.

The data also reveals the continued impact of Title 42 at the border,
and the policy was used to rapidly expel migrants 100,699 times in May.
The policy is primarily being used for single adults from Mexico and the
Northern Triangle - this group accounted for 85,436 of all Title 42
expulsions in May, or 85%.

The slight increase in overall encounters was driven in part by a sharp
increase in arriving migrants from Haiti (10,673 encounters). The month
of May also saw arriving Ukrainian migrants decrease 66% to 7,243
encounters, and a decrease in arrivals from Cuban migrants for the first
time in 11 months, falling 27% to 25,691 encounters.

The number of unaccompanied children arriving at the border increased
May to 14,699, a 21% increase from April. According to a May 3 report,
the administration has been expanding shelter space

to safely house unaccompanied children as they arrive at the border.

****Biden Administration Announces Terrorism-Related Exemptions For
Certain Afghan Evacuees****On June 14, the Department of Homeland
Security (DHS) and the State Department (DOS) announced

terrorism-related exemptions for Afghan evacuees to apply for protection
and other immigration benefits in the United States. The exemptions aim
to ensure
that
individuals who have lived under Taliban rule and those who have fought
against the Taliban are not mistakenly barred because of overly broad
applications of terrorism-related inadmissibility grounds.

The new exemptions will be applied on a case-by-case basis to
individuals who have undergone rigorous screening and vetting and are
determined not to pose a risk to national security or public safety.
Without the exemptions, evacuees may have been barred

from certain status and benefits for paying their electric bill while
living under Taliban rule, or for paying money to get through Taliban
checkpoints officials and escape the country.

In the announcement

of the policy, Secretary of Homeland Security Alejandro Mayorkas stated
that, "These exemptions will allow eligible individuals who pose no
national security or public safety risk to receive asylum, refugee
status, or other legal immigration status, demonstrating the United
States' continued commitment to our Afghan allies and their family
members."

****Legal****

****Federal Judge Blocks Biden Administration's Immigration
Enforcement Guidelines ****On June 10, a federal judge in Texas blocked

the Biden administration's immigration enforcement guidelines that
re-prioritized enforcement efforts to focus on immigrants who are deemed
national security threats, those who recently crossed the border
unlawfully, and those who have been convicted of aggravated felonies or
other violent crimes.

The ruling stems from an April 6 lawsuit

that Texas and Louisiana filed against the federal government's
enforcement guidelines. The judge sided with the states, arguing that
while the federal government has case-by-case discretion, DHS policy
binds officials in a "generalized, prospective manner
." 
The Court's opinion also addressed the argument of limited resources,
finding that although the administration may prioritize its resources,
it does not have the authority to change the law and must operate within
the bounds set by Congress. The Biden administration intends to appeal

the ruling.

****Supreme Court Rules that Noncitizens can be Detained Indefinitely
Without Bond Hearings****On June 13, the Supreme Court ruled
that
noncitizens seeking relief from deportation can be detained for more
than six months

under federal immigration law without bond hearings. The decision
overturned a ruling by the Third U.S. Circuit Court of Appeals that
protected detained immigrants' right to bond hearings after six months
of detention. Justice Sotomayor, writing for the majority in an 8-1
ruling, argued that "there is no plausible construction of the text" in
the Immigration and Nationality Act (INA) that obligates the government
to provide bond hearings after six months of detention.

However, Justice Sotomayor added that while it is not required to do so,
the federal government still "possesses discretion to provide bond
hearings" under the INA. The ruling could affect

thousands of immigrants subject to prolonged detention while their cases
are decided by the country's backlogged immigration courts.

In a separate decision, the Supreme Court ruled
that
federal judges lack the authority to instruct

the government to release immigrants who have been detained without
hearings on a class-wide basis. Justice Samuel Alito, writing for the
majority in a 6-3 ruling, argued that the INA "generally prohibits lower
courts from entering injunctions that order federal officials" to grant
relief to an entire class of plaintiffs. In a partial dissent, Justice
Sotomayor wrote that the ruling deprives detained immigrants of
"meaningful opportunity to protect their rights" and that class action
suits advance "judicial economy by eliminating the need for duplicative
proceeding pertaining to each class member."

****Supreme Court Dismisses Case Supporting Use of "Public Charge"****On
June 15, the Supreme Court dismissed

an appeal by twelve states led by Arizona that sought to protect a 2019
Trump-era regulation known as the "public charge" rule. The public
charge rule allowed federal
officials to reject immigrants applying for a green card, an immigrant
visa, or a temporary visa if they have previously accessed or are deemed
likely to rely on certain forms of public assistance.

The rule took effect in February 2020 after the Supreme Court ruled

that it was within the Trump administration's authority to issue the
regulation. However, in February 2021 President Biden revoked the rule
via executive order, an order which was subsequently challenged in
courts by fourteen states. On April 26, the Supreme Court rejected

the states' appeal but permitted them to continue legal challenges in
the lower courts. In this instance, the case returned to the Supreme
Court

but was summarily "dismissed as improvidently granted."

**GOVERNMENT REPORTS**

**U.S. Department of State**

**- Bureau of Consular Affairs,** **National Visa Center (NVC)
Immigrant Visa Backlog Report**

**, June 10, 2022**This State Department report highlights that as of
May 31, 2022, there were 455,031 immigrant-visa applicants whose cases
are complete and ready for interview. The report also shows that 426,486
immigrant-visa applicants are still pending the scheduling of an
interview.

**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: DHS Immigration Enforcement Guidelines
This
is an explainer of the DHS immigration enforcement priorities issued on
September 30. The new guidance provides flexibility to DHS personnel,
who are advised to balance aggravating and mitigating factors when
making enforcement determinations.

**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.

* * *

*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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