Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Thursday,
August 25, 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 - Thursday, August 25, 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. 4773

**Fighting Foreign Illegal Seafood Harvests Act (FISH Act) of 2022**

Among various other provisions, the bill would deny the issuance of any
type of visa to individuals who benefit from illegal fishing, unreported
fishing, and unregulated fishing.

Sponsored by Senator Dan Sullivan (R-Arkansas) (1

cosponsor- 1 Democrat, 0 Republicans)

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

08/04/2022 Referred to the Senate Committee on Commerce, Science, and
Transportation

S. 4781

**Border Airport Fairness Act of 2022**

The bill would require the President of the United States to designate
as ports of entry all airports located not more than 30 miles from the
northern or southern international land border of the United States.

Sponsored by Senator Ted Cruz (R-Texas) (0

cosponsors)

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

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

H.R. 8628

**Support Our Afghan Partners Act of 2022**

The bill would require the State Department to increase its consular
personnel to better support special immigrant visa (SIV) applicants who
are nationals of Afghanistan and referrals of nationals of Afghanistan
to the United States Refugee Admissions Program. The bill would also
require the State Department to reduce its application processing times
while ensuring strict and necessary security vetting and enabling
refugee referrals to initiate application processes while still in
Afghanistan.

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. 8672

**Trafficking Survivors Relief Act of 2022**

The bill would grant authority to courts to vacate a conviction or
expunge an arrest for a nonviolent federal offense committed as a direct
result of the person having been a victim of trafficking. Hence, if a
conviction is vacated under this law, immigrants could not be removed,
determined to be inadmissible, or lose any immigration benefit because
of such conviction, arrest, or institution of criminal proceedings.

Sponsored by Representative Burgess Owens (R-Utah) (3

cosponsors- 2 Democrats, 1 Republican)

08/05/2022 Introduced in the House by Representative Owens

08/05/2022 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 week.

**THEMES IN WASHINGTON THIS WEEK**

****Federal****

****Biden Administration Releases Text of Regulation Designed to
Preserve and Fortify DACA****On August 24, the Department of Homeland
Security released the text of a final rule
codifying
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 rule - which will be officially
published on August 30 and will go into effect on October 31 -
codifies the existing DACA policy as announced in the 2012 Napolitano
Memorandum
.
However, while a district court injunction

resulting from an ongoing legal challenge to DACA remains in effect, the
Department of Homeland Security (DHS) will continue to be prohibited
from granting DACA to new or pending applicants. Under the terms of the
injunction, DHS can only grant DACA renewal requests under the final
rule.

In a press release, Secretary of Homeland Security Alejandro Mayorkas
stated

that the administration is "taking another step to do everything in our
power to preserve and fortify DACA." However, he called on Congress "to
pass legislation that provides an enduring solution for the young
Dreamers who have known no country other than the United States as their
own." In a statement, President Biden stressed

that legislation providing a pathway to citizenship for Dreamers "is
not only the right thing to do, it is also the smart thing to do for our
economy and our communities."

The purpose of the rule is in part to attempt to fortify DACA against
procedural concerns raised in Texas et al. v. USA
,
a case concerning the legality of DACA. The case stems from a July 16,
2021 ruling

from District Court Judge Andrew Hanen in which he held that DACA was
unlawful based on both procedural and statutory grounds, granted a
permanent injunction vacating the original 2012 DACA memorandum, and
prevented USCIS from approving new DACA applications. However, noting
the reliance interest of current DACA recipients, Judge 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.

The case has been appealed to the Fifth Circuit, which is expected to
make its ruling shortly. The impact of the new rule on the legal
proceedings is not yet clear.

****Veterans, Advocacy Groups Mark First-Year Anniversary of Kabul
Evacuation with Push for Afghan Adjustment Act****On August 15,
commemorating one year after the U.S. military withdrawal from
Afghanistan, veteran and immigration advocacy groups urged

Congress to pass the Afghan Adjustment Act
, a
bill that would provide a path to permanence to tens of thousands of
Afghans who were evacuated under humanitarian parole to the U.S.
following the fall of Kabul in August 2021. The bill, which received a
bipartisan introduction in both the House and Senate on August 10, also
includes provisions to ensure that eligible Afghan evacuees have been
subject to rigorous vetting and screening procedures, and it would
improve and expand pathways to protection for those left behind and at
risk in Afghanistan.

In the past year, the U.S. military has evacuated over 124,000 people

from Afghanistan - including tens of thousands of Afghan allies,
refugees, parolees, and their families. The vast majority of them were
vetted and then brought to the U.S. under humanitarian parole, which -
unlike refugee or asylum status - does not automatically confer a path
to a green card or citizenship. Afghan parolees are granted
 two
years of protection from deportation and work authorization but no
further access to status.

Congress has passed adjustment acts in the aftermath of multiple prior
evacuations
,
including for Cubans fleeing the Castro regime in the 1960s, for
Vietnamese and South Asian refugees after the fall of Saigon in 1970s,
and Iraqis after Operation Desert Storm and Operation Iraqi Freedom in
the 1990s.

According to an August 16 Axios report
,
the Biden administration is developing a portal to facilitate the
reunification of Afghans with family members left behind in Afghanistan.
The portal would become a central location where family members could
upload their information through a streamlined process and fill out the
right forms to enable their relatives to access the pipeline for entry
into the U.S. The Axios report also noted that the Biden administration
is considering exempting Afghans from the $535 fee that is associated
with filing for relatives to enter the country.

****July Border Data Reveals Decrease in Migrant Arrivals****On August
15, U.S. Customs and Border Protection (CBP) released

official data on the number of migrants the agency had apprehended or
encountered at the southwest border in the month of July. The data
showed a 4% decrease in overall monthly encounters as arrivals fell to
199,976 in July from June's total of 207,933. The data showed fewer
border encounters than July 2021, the first year-on-year decrease since
August 2020.

The encounter data continues to be inflated by a high number of repeat
crossers, with CBP reporting recidivism rates at 22%. Taking this repeat
crosser rate into account, the total number of "unique" crossers
encountered in July was 162,792.

The use of Title 42 - a pandemic-era policy used to rapidly expel
migrants without providing them a chance to seek protection under U.S.
law - decreased in July. Title 42 was used 74,573 total times,
representing 37% of all encounters, down from 44% of all encounters in
June (93,633) and over 50% of all encounters since the policy was
implemented in April 2020.

The overall decrease in encounters was driven in part by a decline
in arrivals
from Mexico, Honduras, Guatemala, and El Salvador - countries that in
the past have made up the vast majority of border encounters.
Collectively those four countries made up just 52% of all encounters in
July as migration at the southern border has become increasingly global.
Even as other encounters fell, the month of July saw a 34% increase in
arrivals of Venezuelans, reaching 17,651 encounters. In addition, the
number of unaccompanied children arriving at the border decreased 13% in
July. In July, the average number of unaccompanied children in CBP
custody was 562

per day, compared with an average of 752 per day in June.

****CBP Opens Internal Investigation to Review Complaints of Religious
Violations Against Sikh Asylum Seekers****On August 3, U.S. Customs and
Border Protection (CBP) opened

an internal investigation to review complaints of religious violations
against Sikh asylum seekers. The investigation stems from an August 1st
letter

by The American Civil Liberties Union (ACLU) of Arizona highlighting
that nearly 50 Sikh individuals reported that Yuma Border Patrol agents
had confiscated their turbans during asylum processing in the last two
months.

In response to the letter, CBP Commissioner Chris Magnus stated

that he expects CBP employees to treat all migrants with respect and
announced the opening of an internal investigation to address this
matter. However, on August 17, the ACLU reported that the organization
had knowledge of at least 12 new cases of turban confiscation in August.
The new allegations sparked a new letter

spearheaded by the ACLU and the Sikh Coalition, and co-signed by 162
organizations, requesting Secretary of Homeland Security Alejandro
Mayorkas to end the mistreatment of religious migrants by U.S. border
officials in Arizona and at other border-crossing points.

The turban confiscation report also led to a congressional letter

signed by Representatives Raul Grijalva (D-Arizona), Joaquin Castro
(D-Texas), and Judy Chu (D-California) urging CBP Commissioner Magnus to
take the necessary steps to remedy the situation and inform Congress of
the agency's progress by September 6, 2022.

****USCIS Reaches Fiscal Year 2023 H-1B Cap****On August 23, U.S.
Citizenship and Immigration Services (USCIS) reported

that the agency had received a sufficient number of petitions needed to
reach the congressionally mandated 65,000 H-1B visa regular cap as well
as the additional 20,000 H-1B visas reserved for graduates with advanced
degrees from a U.S. institution for fiscal year (FY) 2023. The H-1B visa

is a nonimmigrant work visa that allows U.S. employers to hire foreign
workers for specialty jobs that mainly require a bachelor's degree in a
wide variety of fields.

USCIS noted

that while it would stop accepting new H-1B petitions for the coming
period, it would continue processing other applications associated with
H-1B status, including those to extend the amount of time a current H-1B
worker may remain in the United States, change the terms of employment
for current H-1B workers, allow current H-1B workers to change
employers, and allow current H-1B workers to work concurrently in
additional H-1B positions.

****Biden Administration Updates Conditions for Military
Naturalizations****On August 2, U.S. Citizenship and Immigration
Services (USCIS) expanded

the eligibility to naturalize for members of the U.S. Armed Forces with
"uncharacterized" military discharges. Pursuant to immigration laws,
only applicants who are discharged "under honorable conditions" are
eligible for naturalization. Previously, USCIS interpreted that an
"uncharacterized" military discharge did not qualify as a discharge
"under honorable conditions." The new policy guidance, however, updated
that interpretation to include "uncharacterized" discharges as "under
honorable conditions" discharges.

****Biden Administration Announces Plans to Expand Remote Verification
of Immigrant Worker Eligibility****On August 18, the Department of
Homeland Security (DHS) published a proposed rule
 seeking
to expand a temporary program that allows verification of immigration
documents through electronic means, including email, video, and fax.

Prior to the COVID-19 pandemic, employers were required to inspect and
authenticate - in person - the immigration documents of immigrant
employees, such as passports, green cards, and work authorizations. Due
to social distancing requirements during the pandemic, however, the
in-person verification requirement was waived,

and in March 2020, ICE issued an announcement

allowing employers to inspect the immigration documents remotely within
three business days of the employee's first day of employment. The new
proposed rule would not directly authorize remote document examination,
but it would create a framework under which DHS could pilot options to
respond better to future emergencies similar to the COVID-19 pandemic.

****State & Local****

****Florida's Lieutenant Governor Threatens to Bus Cuban Migrants to
Delaware****On August 22, Florida Lieutenant Governor Jeanette Nuñez
said

that the administration of Governor Ron DeSantis (R-Florida) was
planning to bus arriving Cuban migrants to Deleware. Nuñez later walked
the statement back, noting the state would not attempt any actions
against Cubans or those "fleeing repressive dictatorial regimes and
those seeking political asylum." On August 23, Governor Ron DeSantis
said

that his government had not had the need to bus migrants out of Florida,
referencing ongoing bussing initiatives from Governor Abbott of Texas
and Governor Ducey of Arizona.

The initial statement came in response to a question about the
increasing number of Cuban migrants arriving in Florida. Most of these
migrants have crossed the southern border, have undergone initial Border
Patrol processing, and are in the midst of ongoing immigration court
proceedings.

****Arizona Governor Ducey Orders to Fill Gaps in Border Wall with
Shipping Containers****On August 12, Governor Doug Ducey (R-Arizona)
issued
an executive order directing the state to immediately use shipping
containers to close a 1,000-foot gap in the U.S. Mexico border wall near
Yuma, Arizona. According to the governor, more than 230,000 migrants
crossed

the Yuma sector between October 2021 and June 2022. Ducey plans to use
60 double-stacked shipping containers welded together and adding four
feet of razor wire to reinforce the physical barrier. The shipping
containers weigh around 8,800 pounds and are 22 feet high, slightly
shorter than the 30-foot sections built during the Trump administration.

Although the project suffered a setback

with two containers toppling over the first night they were in place,
the state announced that it would continue with its plan to close the
gap.

The $6 million project is underway with future plans to fill three gaps
in the wall, a total of 3,000 feet. The containers are not placed
directly on the border and will not prevent any arriving migrants from
crossing into U.S. territory and requesting asylum or other humanitarian
relief.

**GOVERNMENT REPORTS**

**Congressional Research Service (CRS); "****Comparing DHS Component
Funding, FY2023: In Brief**

**"; August 22, 2022.**This CRS brief provides an overview of the
Department of Homeland Security's (DHS) appropriations process for
Fiscal Year 2023.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES****What Makes a
Border Secure? Building a Healthier Border Dialogue**
This
paper creates an actionable border security framework based on the best
and most appropriate available metrics and data. It surveys previous and
ongoing attempts to describe and quantify border security, and it
proposes a series of policy recommendations to create a healthier
dialogue around securing our border, including an expanded role for the
DHS Office of Immigration Statistics and the creation and publication of
new border metrics.

**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.

**Review of the Supreme Court's 2021-2022 Immigration Cases**
The
review analyzes all the immigration-related cases decided by the Supreme
Court this term, including one immigration case from the shadow docket.

* * *

*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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