Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Thursday,
August 11, 2022, is now posted. We will publish our next bulletin on
Thursday, August 25, 2022.

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

All the best,

Arturo 

**LEGISLATIVE BULLETIN - Thursday, August 11, 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. 4611

**A bill to improve services for trafficking victims by establishing, in
Homeland Security Investigations, the Investigators Maintain Purposeful
Awareness to Combat Trafficking Trauma Program and the Victim Assistance
Program**

The bill would establish a Victim Assistance Program within Homeland
Security Investigations of U.S. Immigration and Customs Enforcement
(HIS-ICE) to provide support to individuals impacted by human
trafficking. The bill would also make permanent an existing program that
ensures the wellbeing of HIS-ICE employees and partners who are exposed
to repeated stress and associated trauma through their work in
supporting victims and investigating human trafficking crimes.

Sponsored by Senator Gary Peters (D-Michigan) (1

cosponsor- 1 Republican, 0 Democrats)

07/26/2022 Introduced in the Senate by Senator Peters

07/26/2022 Referred to the Senate Committee on Homeland Security and
Governmental Affairs

S. 4634

**A bill to require the Secretary of Energy to administer polygraph
examinations to certain foreign nationals with access to nonpublic areas
or information of the National Laboratories**

Sponsored by Senator John Barrasso (R-Wyoming) (1

cosponsor- 1 Republican, 0 Democrats)

07/26/2022 Introduced in the Senate by Senator Barrasso

07/26/2022 Referred to the Senate Committee on Energy and Natural
Resources

S. 4703

**Securing America's Land from Foreign Interference Act**

The bill would require the President of the United States to take all
necessary actions to prohibit foreign nationals associated with the
Chinese Communist Party from purchasing public or private real estate in
the U.S.

Sponsored by Senator Tom Cotton (R-Arkansas) (2

cosponsors- 2 Republicans, 0 Democrats)

08/02/2022 Introduced in the Senate by Senator Cotton

08/02/2022 Referred to the Senate Committee on Foreign Affairs

S. 4736

**Arctic Commitment Act**

Among various other provisions, the bill would grant E1 and E2
nonimmigrant status to nationals of Iceland who invest or trade in the
United States.

Sponsored by Senator Lisa Murkowski (R-Alaska) (1

cosponsor- 1 Independent, 0 Republicans, 0 Democrats)

08/02/2022 Introduced in the Senate by Senator Murkowski

08/02/2022 Referred to the Senate Committee on Commerce, Science, and
Transportation

S. 4770

**A bill to prohibit any employee or contractor of U.S. Immigration and
Customs Enforcement or the Department of Health and Human Services from
transporting any alien across State lines for the purpose of procuring
an abortion for such alien**

Sponsored by Senator Roger Marshall (R-Kansas) (9

cosponsors- 9 Republicans, 0 Democrats)

08/04/2022 Introduced in the Senate by Senator Marshall

08/04/2022 Referred to the Senate Committee on the Judiciary

S. 4775

**A bill to establish and authorize funding for a Border Patrol
Reserve**

Sponsored by Senator Rob Portman (R-Ohio) (3

cosponsors- 2 Democrats, 1 Republican)

08/04/2022 Introduced in the Senate by Senator Portman

08/04/2022 Referred to the Senate Committee on Homeland Security and
Governmental Affairs

S. 4787

**Afghan Adjustment Act**

The bill would allow Afghan evacuees with temporary humanitarian parole
protections to apply for permanent status. The bill also requires Afghan
evacuees who access the pathway to be vetted according to the same
security procedures as those resettled through the U.S. refugee
admissions process. In addition, the bill would expand and improve
pathways to protection for Afghans left behind and in danger in
Afghanistan or neighboring countries.

Sponsored by Senator Amy Klobuchar (D-Minnesota) (5

cosponsors- 3 Republicans, 2 Democrats)

08/07/2022 Introduced in the Senate by Senator Klobuchar

08/07/2022 Referred to the Senate Committee on the Judiciary

H.R. 8609

**To direct the Secretary of Homeland Security to establish and maintain
a ratio of U.S. Immigrations and Customs Enforcement prosecutors to
immigration judges**

Sponsored by Representative Dan Crenshaw (R-Texas) (3

cosponsors- 3 Republicans, 0 Democrats)

07/29/2022 Introduced in the House by Representative Crenshaw

07/29/2022 Referred to the House Committee on the Judiciary

H.R. 8629

**To remove the requirement to demonstrate residency for eligibility as
a nonimmigrant described in section 101(a)(15)(F) of the Immigration and
Nationality Act for certain aliens**

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

cosponsor- 1 Republican, 0 Democrats)

07/29/2022 Introduced in the House by Representative Slotkin

07/29/2022 Referred to the House Committee on the Judiciary

H.R. 8632

**To provide that no Federal funds may be used for the U.S. Immigration
and Customs Enforcement Secure Docket Card Program**

The bill would prohibit the use federal funds to establish a national
I.D. system for undocumented immigrants.

Sponsored by Representative Jefferson Van Drew (R-New Jersey) (12

cosponsors- 12 Republicans, 0 Democrats)

07/29/2022 Introduced in the House by Representative Van Drew

07/29/2022 Referred to the House Committee on the Judiciary

H.R. 8638

**To amend the Homeland Security Act of 2002 with respect to the
definition of unaccompanied alien child**

Sponsored by Representative Madison Cawthorn (R-North Carolina) (0

cosponsors)

08/02/2022 Introduced in the House by Representative Cawthorn

08/02/2022 Referred to the House Committees on Foreign Affairs and on
the Judiciary

H.R. 8640

**Reducing Excessive Vetting Authorities to Maintain our Ports (REVAMP)
Act**

The bill would allow the Commissioner of U.S. Customs and Border
Protection (CBP) to conduct minor repairs at land ports of entry,
without involving the General Services Administration (GSA). This is a
companion bill of S. 3903
.

Sponsored by Representative Tony Gonzalez (R-Texas) (2

cosponsors- 2 Democrats, 0 Republicans)

08/02/2022 Introduced in the House by Representative Gonzalez

08/02/2022 Referred to the House Committees on Homeland Security, and
Ways and Means

H.R. 8644

**Advanced Border Coordination Act**

The bill would require DHS to establish at least two additional joint
operations centers along the southern border. Joint operations centers
are DHS locations that allow federal, state, local, and tribal law
enforcement agencies to work together to address border security and
transnational criminal activity. The bill would also require DHS to
present an annual report to Congress on the centers' operational
activities and general recommendations for improving coordination across
local, state, and federal law enforcement efforts at the border. This is
a companion bill of S. 4436
.

Sponsored by Representative David Joyce (R-Ohio) (5

cosponsors- 3 Republicans, 2 Democrats)

08/02/2022 Introduced in the House by Representative Joyce

08/02/2022 Referred to the House Committees on Ways and Means, Homeland
Security, and the Judiciary

H.R. 8685

**Afghan Adjustment Act**

The bill would allow Afghan evacuees with temporary humanitarian parole
protections to apply for permanent status. The bill also requires Afghan
evacuees who access the pathway to be vetted according to the same
security procedures as those resettled through the U.S. refugee
admissions process. In addition, the bill would expand and improve
pathways to protection for Afghans left behind and in danger in
Afghanistan or neighboring countries.

Sponsored by Representative Earl Blumenauer (D-Oregon) (8

cosponsors- 4 Republicans, 4 Democrats)

08/09/2022 Introduced in the House by Representative Blumenauer

08/09/2022 Referred to the House Committee on the Judiciary

**LEGISLATIVE FLOOR CALENDAR**The U.S. Senate and U.S. House of
Representatives will not be in session until Tuesday, September 6, 2022.

**UPCOMING HEARINGS AND MARKUPS**There are no immigration-related
hearings scheduled for the next fortnight.

**THEMES IN WASHINGTON THIS WEEK**

****Federal****

****Bipartisan Group of Lawmakers Introduce Legislation Offering Path to
Permanent Status for Afghan Evacuees****On August 9, a bipartisan,
bicameral group of lawmakers announced

the introduction of the Afghan Adjustment Act, a bill that would

provide a path to permanent status to tens of thousands of Afghans who
were evacuated to the U.S. following the fall of Kabul in August 2021.
The bill also includes provisions to ensure that eligible Afghan
evacuees have been subject to a rigorous vetting and screening
procedures, and it would improve and expand pathways to protection for
those left behind and at risk in Afghanistan.

The bill

was introduced in the Senate by Senator Amy Klobuchar (D-Minnesota), who
was joined by Senators Lindsey Graham (R-South Carolina), Chris Coons
(D-Delaware), Roy Blunt (R-Missouri), Richard Blumenthal
(D-Connecticut), and Lisa Murkowski (R-Alaska). An identical House
version
of the Afghan Adjustment Act was introduced by Representative Earl
Blumenauer (D-Oregon), along with Representatives Peter Meijer
(R-Michigan), Jason Crow (D-Colorado), Mariannette Miller-Meeks
(R-Iowa), Jerrold Nadler (D-New York), Adam Kinzinger (R-Illinois), Zoe
Lofgren (D-California), Fred Upton (R-Michigan), and Scott Peters
(D-California).

In the announcement, Senator Klobuchar said

that the bill would "help provide these newly arrived Afghans who have
sacrificed so much for our country with the legal certainty they deserve
as they begin their lives in the U.S." Senator Blunt added

that the bill "maintains a rigorous vetting process" while allowing
evacuees the opportunity "to rebuild their lives in America."

****Immigration Enforcement Amendments Voted Down as Senate Approves
Inflation Reduction Act****On August 7, the U.S. Senate passed on a
51-50 vote

the Inflation Reduction Act (H.R. 5376
),
a budget reconciliation

bill designed

to tackle climate change, lower health-care costs, raise taxes on
certain corporations, and reduce the federal deficit. The bill, a key
priority for Congressional Democrats and the Biden administration, is
set to be voted on by the House of Representatives on August 11.

The bill passed the Senate via the budget reconciliation process, which
allows Democrats and the Biden administration to avoid a Senate
filibuster and pass legislation with a simple majority. One feature of
passing legislation via budget reconciliation is a lengthy debate period
where rapid-fire votes are held on a series of amendments. Despite
several Republican-sponsored immigration amendments receiving votes, all
of them were voted down

and the Senate-approved Inflation Reduction Act did not include any
immigration provisions.

Among the immigration-related amendments that failed to pass was Senator
Lankford's (R-Oklahoma) proposal

to codify Title 42 - a pandemic-era immigration policy that allows
authorities to turn migrants away at the border - until 120 days after
the national COVID-19 public health emergency is terminated. Also,
Senator Scott's (R-Florida) proposal

to block the hiring of any new Internal Revenue Service agents until the
Border Patrol hired an additional 18,000 agents "over the top" of the
agency's current total of nearly 20,000 agents was also defeated, as was
Senator Hagerty's (R-Tennessee) proposal

to eliminate $500 million in the bill for DHS to manage
climate-change-related disaster relief and replace it with $440 million
for Immigration and Customs Enforcement to deport and arrest individuals
who committed felonies.

****Biden Administration to End "Remain in Mexico" Policy Following
Supreme Court Decision****On August 8, the Department of Homeland
Security (DHS) announced

that it would end the implementation of the Migrant Protection Protocols
(MPP), also known as the "Remain in Mexico" program. DHS stated

that individuals are no longer being newly enrolled into MPP, and
individuals currently in MPP in Mexico will be disenrolled when they
return for their next scheduled court date. DHS added that individuals
disenrolled from MPP would continue their removal proceedings in the
United States. In a statement
,
DHS reiterated that "MPP has endemic flaws, imposes unjustifiable human
costs, and pulls resources and personnel away from other priority
efforts to secure our border."

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.

The U.S. Supreme Court sided 5-4 with the Biden administration, ruling
that the
government is not required to implement MPP and the policy can be
lawfully ended. The case was sent back to the lower courts, and on
August 8 a U.S. District Judge lifted

his injunction blocking Biden officials from ending the program. After
lifting the injunction, the Biden administration has full authority to
legally end the program.

****Refugee Resettlement in July Marks Highest Number in FY
2022****Refugee resettlement data released
on August 5 by the
State Department revealed the administration resettled a total of 2,589
refugees, the highest resettlement total of any month in FY 2022 so far,
and the second highest resettlement total of President Biden's entire
presidency. With just two months left in the fiscal year, the current
resettlement pace would lead to a total of only 21,228 total refugees
resettled in FY 2022 - a number that would represent the third lowest
total in the
history of the resettlement program and one that is far below the
refugee ceiling the administration set at 125,000 last fall.

July's resettlement increase was driven largely by a continued increase
in refugees from the Democratic Republic of the Congo. The U.S.
resettled 1,182 Congolese refugees in June, a 32% increase from 808 in
June and by far the highest resettlement total of any country of origin
for a second consecutive month.

The released data also revealed that the U.S. resettled only 98
Ukrainians in July, down from 142 in June. The United States, however,
has already received 100,000

Ukrainians fleeing the Russian invasion through pathways other than
refugee resettlement. Approximately 47,000 Ukrainians have arrived on
temporary or immigrant visas, over 30,000 have arrived under the Uniting
for Ukraine

parole program; and more than 22,000 were paroled in after arriving
along the U.S.-Mexico border. Most of these Ukrainians are on temporary
visas or humanitarian parole, neither of which provides a clear path to
permanent resettlement.

****Biden Administration has Reunited 400 Families Separated at the
Border in 2017, 2018****On August 2, the Biden administration reported
that its Family
Reunification Task Force has so far reunited 400 families who were
separated under former President Trump's "zero tolerance" border policy.
The zero tolerance policy - which was met with widespread criticism
from members of Congress, faith groups, and the general public -
resulted in the deliberate separation of thousands

of migrant children from their parents between 2017 and 2018.

According to an August 7 report

of The Atlantic, the number of separated children at the border under
the zero tolerance policy reached at least 5,569 and the policy impacted
at least 1,500 families. However, the exact number of separated children
remains unknown due to the lack of precise records from the previous
administration. According to the report, approximately 700 families are
still waiting to be officially reunited.

On August 1, more than 450 faith leaders and organizations called on
Congress and the Biden administration

to do more to right the wrongs of family separation and to provide basic
services to reunited families.

****At Least Five Haitian Migrants Drown Near Puerto Rico****On July 28,
U.S. Customs and Border Protection (CBP) and the U.S. Coast Guard
reported

the death of five Haitian migrants and the rescue of 68 people after
smugglers

dropped the group near the shores of Mona Island in Puerto Rico. The
tragedy comes amid an increase in irregular maritime migration to the
United States. According to a May 25 Migration Policy Institute report
,
during the first seven months of Fiscal Year (FY) 2022, the U.S. Coast
Guard interdicted more than 4,400 Haitians - more than any full fiscal
year since 1994. The report also notes that the Coast Guard interdicted
nearly 2,000 Cubans at sea in the same period, more than any fiscal year
since 2016 and putting this year on track to be the second highest year
of Cuban interdictions since 1994.

In a statement
,
a CBP official highlighted that "transnational criminal organizations
continue to recklessly endanger the lives of individuals they smuggle
for their own financial gain with no regard for human life." The
official added

that "smuggling organizations are abandoning migrants in remote and
dangerous areas, leading to a rise in the number of rescues but also
tragically a rise in the number of deaths."

****Legal****

****Federal District Court in Brooklyn Denies Relief for Dreamers Whose
DACA Applications Are in Limbo****On August 3, a District Court judge in
the Eastern District of New York denied

the request of Dreamers who asked the court to reconsider the status of
their Deferred Action for Childhood Arrivals (DACA) applications. The
case, Batalla Vidal v. Mayorkas
,
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. As a result of this
decision, the Biden administration has refused to grant protections
to those with pending first-time DACA
applications at the time of the ruling, as well as those who have
refiled for DACA after their initial DACA protections have lapsed.

In Batalla Vidal v. Mayorkas, a group of these Dreamers argued

that the Biden administration has gone beyond the requirements of the
Texas court ruling to interpret their applications as "new"
applications. The plaintiffs

- many of whom paid $495 in application fees to USCIS and have not
received a refund - argue that Judge Hanen did not specify what should
happen to applications already received or to reapplications after
protections have lapsed, and, therefore, their applications should be
excluded from the ruling.

According to a June 7 Bloomberg Law report
,
USCIS had around 80,000 pending applications at the moment when Judge
Hanen ruled that DACA was unlawful.

****State and Local****

****Department of Defense Denies Request for DC National Guard to Assist
with Migrants Bused from Texas and Arizona****On August 5, the
Department of Defense denied

Washington, D.C. Mayor Muriel Bowser's request

for the National Guard to assist with processing and caring for migrants
bused from Texas and Arizona. According to recent estimates, Texas
Gov. Greg Abbott's (R-Texas) busing initiative
 has
transported over 6,100

migrants from near the border to D.C. and New York City, with Arizona's
similar program transporting at least 1,100 asylum seekers
.

According to an NBC News report
,
Bowser's request

was rejected in part because the city already has sufficient funds from
the Federal Emergency Management Agency (FEMA) that can be used to
shelter the migrants and provide necessary resources.

Mayor Bowser has stated she plans

to send an amended request to DOD.

**GOVERNMENT REPORTS**

**Department of Homeland Security Office of the Inspector General
(DHS-OIG)"****El Paso Sector Border Patrol Struggled with Prolonged
Detention and Consistent Compliance with TEDS Standards**

**;" August 9, 2022**This OIG report finds that during an unannounced
visit in October 2021, U.S. Border Patrol in the El Paso Sector held 493
migrants in custody longer than specified in the applicable standards,
which generally limit detention in these facilities to 72 hours. The
report also found that CBP held some migrants placed for expulsion under
Title 42 authorities for longer than 14 days, which is inconsistent with
Border Patrol policy. The report also notes that CBP failed to segregate
juveniles from unrelated adults or legal guardians in accordance to
transport, escort, detention, and search (TEDS) standards.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES**Bill Summary: The
Afghan Adjustment Act
The
bill - which got a bipartisan intro in the House and Senate this week
- would provide a path to permanence for Afghan evacuees (and some
others). The bill also establishes rigorous vetting and criminal
inadmissibility requirements to access this new path and it includes
provisions that would improve and expand pathways to protection for
those left behind and at risk in Afghanistan.

**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.

**Bilateral Labor Agreements: A Beneficial Tool to Expand Pathways to
Lawful Work**
This
paper explores the rationale, benefits, and history of bilateral labor
agreements (BLAs) in the United States, including the recent labor
mobility discussions with the Mexican government. It also highlights how
these agreements can benefit the U.S., as they provide U.S. policymakers
more control over the size of the temporary migrant workforce, while
prioritizing needed skills and experience. It argues that BLAs are
useful in addressing U.S. labor shortages, help manage the irregular
migration flow at the U.S. southern border, and reaffirm the United
States' hemispheric leadership.

* * *

*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.

 

DONATE

 

**Follow Us**

 

[link removed]
[link removed]
[link removed]
[link removed]

National Immigration Forum

10 G Street NE, Suite 500

Washington, DC 20002

www.immigrationforum.org

 

Unsubscribe from the Legislative Bulletin
or opt-out from all Forum emails.

 

 
_________________

Sent to [email protected]

Unsubscribe:
[link removed]

National Immigration Forum, 10 G St NE, Suite 500, Washington, D.C. 20002, United States