Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday, July
1, 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, July 1, 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. 4428

**Taiwan Policy Act of 2022**

The bill, among other provisions, would forbid the issuance of visas to
the highest-ranking members of the Chinese government if China were to
escalate hostile actions against Taiwan.

Sponsored by Senator Robert Menendez (D-New Jersey) (1

cosponsor- 1 Republican, 0 Democrats)

06/16/2022 Introduced in the Senate by Senator Menendez

06/16/2022 Referred to the Senate Committee on Foreign Relations

H.R. 8021

**Immigrants in Nursing and Allied Health Act of 2022**

The bill would allow the Department of Health and Human Services (HHS)
to award grants to state, local, and tribal governments to assist
immigrants authorized to work in the United States to become nurses or
health professionals. Grants provided under the bill would be used to
pay for immigrants to receive education or training and to obtain
licenses or certifications.

Sponsored by Representative Adam Smith (D-Washington) (1

cosponsor- 1 Democrat, 0 Republicans)

06/09/2022 Introduced in the House by Representative Smith

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

H.R. 8022

**International Medical Graduates Assistance Act of 2022**

The bill would allow the HHS to award grants to States to assist
international medical graduates while such graduates are completing
steps 1 and 2 of the United States Medical Licensing Examination.

Sponsored by Representative Adam Smith (D-Washington) (1

cosponsor- 1 Democrat, 0 Republicans)

06/09/2022 Introduced in the House by Representative Smith

06/09/2022 Referred to the House Committees on Energy and Commerce, and
Ways and Means

H.R. 8143

**Lone Star Reimbursement Act**

The bill would require the federal government to reimburse
$1,434,094,366 to the State of Texas for the costs of Operation Lone
Star incurred in fiscal years 2021 and 2022.

Sponsored by Representative Pat Fallon (R-Texas) (11

cosponsors- 11 Republicans, 0 Democrats)

06/17/2022 Introduced in the House by Representative Fallon

06/17/2022 Referred to the House Committees on Armed Services and the
Judiciary

H.R. 8230

**Border's Unused Idle and Lying Dormant Inventory Transfer Act (BUILD
IT Act)**

The bill would require the federal government to transfer to any state,
upon request, any unused material associated with the construction of
barriers along the Southwest border. This is a companion bill of S. 4294
.

Sponsored by Representative Mariannette Miller-Meeks (R-Iowa) (8

cosponsors- 8 Republicans, 0 Democrats)

06/24/2022 Introduced in the House by Representative Miller-Meeks

06/24/2022 Referred to the House Committees on Oversight and Reform,
Homeland Security, and Armed Services

**LEGISLATIVE FLOOR CALENDAR**The U.S. Senate and the U.S. House of
Representatives will not be in session the week of Monday, July 4, 2022.

**UPCOMING HEARINGS AND MARKUPS**There are no hearings scheduled for the
week of Monday, July 4, 2022.

**THEMES IN WASHINGTON THIS WEEK**

****Legal****

****Supreme Court Rules That Biden Administration Can End MPP****On June
30, the Supreme Court ruled
5-4 that
the Biden administration can lawfully end the Migrant Protection
Protocols (MPP), also known as the "Remain in Mexico" program. The
case, Biden v. Texas
, revolved
around whether the Biden administration may end MPP under the
Immigration and Nationality Act (INA). Texas and Missouri - the states
challenging the administration's efforts to end the policy - argued
that the Biden administration is statutorily required to use MPP as
long as it does not have the capacity to detain all arriving migrants.

The Supreme Court sided with the Biden administration, ruling that the
government is not required to implement MPP and the policy can be
lawfully ended. Additionally, the Supreme Court noted that the judiciary
should not "impose a significant burden on the Executive's ability to
conduct diplomatic negotiations," as would have been the case here if
MPP - and bilateral negotiations with Mexico over its implementation
- were required by the court.

The case was sent back to the lower courts, where the administration's
attempts to end MPP may face additional procedural challenges.

MPP, which the Trump administration implemented in 2019, forced more
than 70,000 non-Mexican nationals arriving by land from Mexico to await
for the results of their removal proceedings in Mexico. The Biden
administration stopped
 enrollment
in MPP in June 2021. However, on August 13, a federal judge in
Texas ruled
 that
the termination of MPP violated the Administrative Procedures Act
(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.

****Fifth Circuit Court to Hear Oral Arguments in DACA Case on July
6****On July 6, the Fifth Circuit Court of Appeals will hear oral
arguments

on Texas v. USA
,
a case concerning the legality of the Deferred Action for Childhood
Arrivals (DACA) program, which provides protections for certain young
undocumented immigrants who were brought to the U.S. as children.

The case stems from a July 16, 2021, ruling
 from
District Court Judge Andrew Hanen in which he held that DACA was
unlawful, granted a permanent injunction vacating the original
2012 DACA memorandum, and prevented USCIS from approving
new DACA applications. Hanen made two arguments in his ruling,
reasoning first that DACA failed to follow formal notice and comment
rulemaking processes under the Administrative Procedures Act, and second
that DACA is inconsistent with statutory immigration law set forth
under the Immigration and Nationality Act (INA).

However, noting the reliance interest of current DACA recipients,
Hanen temporarily stayed the injunction for those who
had DACA protections at the time of the ruling, allowing them to
continue to receive and renew protections.

In addition to appealing the decision to the Fifth Circuit, DHS has also
proceeded with rulemaking to formalize DACA an effort to satisfy the
APA-related procedural objections raised by Hanen. The proposed rule
 to
preserve DACA was published in the Federal Register in September 2021.
Public comments on the proposed rule closed in November 2021, with DHS
receiving 15,931 comments and submissions during the period. Under the
APA, the federal government is required to review every comment and
submission before issuing a final rule. It is anticipated that a final
rule may be published in the summer of 2022.

****Federal****

****53 Migrants Found Dead in Trailer Truck in Texas****On June 27,
dozens of migrants, including many children, were found

inside an abandoned semi-truck near San Antonio, Texas. At least 53

of the migrants ost their lives due to heat-related conditions and lack
of access to water. Sixteen other victims, including four children,
survived the tragic incident. Homeland Security Investigation (HIS)
officials said

that "the death count was the highest ever from a smuggling incident in
the United States."

The tragedy comes amid an increase in migrant deaths along the
U.S.-Mexico border. In 2021, the International Organization for
Migration (IOM) documented

a record 728 deaths on the border. Hundreds more deaths have already
been recorded in 2022. Advocates have argued

that restrictive policies like Title 42 expulsions and the closure of
ports of entry to asylum seekers have pushed migrants to use smugglers
to cross in increasingly dangerous conditions.

On June 29, Senator Dick Durbin (D-Illinois), chair of the Senate
Judiciary Committee, stated

that he hoped the tragedy in San Antonio would spur ongoing bipartisan
conversations on immigration reform in Washington. "I think what
happened at the border....is what I would call a 'Uvalde moment',"
he said.

****Biden Administration Extends Humanitarian Parole
Eligibility****According to a July 1 CBS News report
,
U.S. Customs and Immigration Services (USCIS) has broadened the
eligibility criteria for certain individuals applying for humanitarian
parole. Parole will now be available to those who can prove to be
members of a "targeted group" that has faced "widespread, systematic, or
pervasive" attacks. Previously, applicants were required to submit
evidence that demonstrated they had been specifically targeted for
persecution or serious harm.

While the new guidance notes that the third-party evidence of individual
targeting "still remains the preferred evidence," evidence of belonging
to a targeted group accompanied by country reports demonstrating the
targeting of that group is now considered solid evidence to grant
humanitarian parole.

According to the report, the new guidance could benefit thousands of
Afghans who face Taliban persecution. Between July 2021 and June 2022,
93% of humanitarian parole applications by Afghans had been denied due
to a failure to show they were at risk of "severe targeted or
individualized harm" or "imminent return to a country where the
beneficiary would be harmed." However, the majority of thousands of
humanitarian parole applications made by Afghans following the fall of
Kabul to the Taliban remain unadjudicated.

****6,600 People Become U.S. Citizens amid Independence Day
Celebrations ****Amid Independence Day festivities between July 1 and
8, more than 6,600 
people
across the country are slated to become U.S. citizens in 140 ceremonies.
Thirty of those naturalization ceremonies will be Independence
Day-themed 
and
will take place in various notable locations, including George
Washington's Mount Vernon and Thomas Jefferson's Monticello. The
United States welcomed

855,000 new U.S. citizens in Fiscal Year (FY) 2021, and the country has
already welcomed 661,500 new U.S. citizens in FY 2022.

****Biden Administration Extends Grant of DED for Liberians****On June
27, President Biden extended

the grant of Deferred Enforcement Departure (DED) for Liberians. The
two-year extension will allow nationals from Liberia residing in the
United States under a grant of DED as of June 30, 2022, to stay and work
temporarily in the country. Due to a 2019 law, Liberians who have been
present in the U.S. since 2014 are eligible to receive permanent status.
However, as the application process to adjust to permanent status has
been difficult to file for some eligible Liberians, the administration
has extended DED protections for the group while continuing to encourage
adjustments.

DED is a temporary,
discretionary, administrative stay of removal granted to immigrants from
a few designated countries. Unlike TPS, a DED designation emanates from
the President's constitutional powers to conduct foreign relations and
has no statutory basis.

****Biden Administration Announces Expansion of Citizenship and
Integration Grant Program****On June 27, the Biden Administration
announced

the open application period for the Citizenship and Integration Grant
Program, which provides funding for citizenship preparation programs in
communities across the country. The program will provide up to $20
million in grants. The grants are open to organizations that work to
prepare immigrants for naturalization and promote civic integration
through increased knowledge of English, U.S. history, and civics. During
the announcement, Secretary of Homeland Security Alejandro Mayorkas
highlighted

that the grants will allow organizations "to reach more communities and
ensure noncitizens have access to the tools and resources needed for
citizenship education."

****Nominations & Personnel****

****Sheriff Ed Gonzalez Withdraws His Nomination to Lead ICE****On June
26, Ed Gonzalez - Sheriff of Harris County, Texas - withdrew

his nomination to serve as the next director of U.S. Immigration and
Customs Enforcement (ICE). Sheriff Gonzalez expressed
through
Twitter that he decided to withdraw his nomination after "prayerfully
considering what's best for our nation, my family, and the people of
Harris County who elected me to serve a second term as Sheriff." Sheriff
Gonzalez was first nominated

in April 2021, but his nomination never made it to the Senate floor.
There has not been a Senate-confirmed director of ICE since the Obama
administration. Gonzalez will return to his role as Sheriff of Harris
County.

****State & Local****

****New York's Supreme Court's Justice Strikes Down NYC Noncitizen
Voting Bill****On June 27, a New York State Supreme Court justice struck
down

a law that would have allowed noncitizens to vote in municipal elections
in New York City.  The measure would have allowed more than 800,000

immigrants with work authorization to vote in the city's municipal
elections and for local ballot initiatives. Justice Ralph Porzio ruled
that the measure violated the State Constitution, arguing
 "there
is no statutory ability for the City of New York to issue inconsistent
laws permitting non-citizens to vote and exceed the authority granted to
it by the New York State Constitution." Justice Porzio wrote in his
ruling that a referendum would be required to give noncitizens voting
rights. Proponents of the law plan to appeal

the ruling and highlighted that although the State Constitution
stipulates that citizens can vote, it does not explicitly exclude
noncitizens from voting. The New York "Supreme Court" is actually a
statewide trial
court, and the ruling could face numerous appeals before reaching the
Court of Appeals, New York's highest court.

When the measure was passed

by the City Council in December 2021, New York City became the largest
city in the country to grant noncitizens the right to vote.  After the
legislation passed, the Republican National Committee (RNC) filed a
lawsuit

in the Staten Island Supreme Court in January, challenging the
constitutionality of the law.

****North Carolina's House of Representatives Passes Bill that
Requires Local Authorities to Cooperate with ICE****On June 30, North
Carolina's House of Representatives passed

along party lines a bill that would require jails to notify U.S.
Immigration and Customs Enforcement (ICE) if local authorities charge
people with a felony and cannot determine their immigration status. The
bill - S.B. 101 , also known
as "Require Cooperation with ICE 2.0." - originated in the State
Senate and passed the chamber in 2021. However, due to changes in the
House of Representatives, the bill needs to go back to the Senate for
approval. A similar bill passed in 2019, but Governor Roy Cooper
(D-North Carolina) vetoed it.

The bill was motivated after some sheriffs in North Carolina counties
ended

cooperation agreements with ICE and became 'sanctuary'
jurisdictions. Sanctuary jurisdictions are those that limit state and
local officials' involvement in federal immigration enforcement
functions. Some immigration advocates and law enforcement officials have
argued that
requiring local law enforcement to conduct federal immigration
enforcement functions can undermine public trust in local law
enforcement and make communities less safe.

**GOVERNMENT REPORTS**

**Congressional Research Service (CRS); "****U.S. Employment-Based
Immigration Services**

**"; June 22, 2022.**This CRS report provides an overview of the
employment-based immigration system in the United States. It highlights
that each year, the U.S. grants lawful permanent resident (LPR) status,
or green cards, to about 140,000 foreign workers and their family
members. The report points out that these employment-based (EB)
immigrants are part of a broader permanent immigration system
established by the Immigration and Nationality Act (INA) that grants LPR
status to roughly 1 million foreign nationals annually. Employment-based
immigrants acquire LPR status through one of five preference categories:
EB1, EB2, EB3, EB4, and EB5.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES****Explainer: The
Migrant Protection Protocols**
This
explainer describes the history and elements of the Migrant Protection
Protocols (MPP), commonly known as the Remain-in-Mexico program. Under
MPP, certain migrants seeking asylum at the U.S.-Mexico border were
returned to Mexico after making an asylum claim in the U.S. and expected
to wait near the border for the duration of their immigration
proceedings.

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.

**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.

* * *

*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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