Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday,
September 30, 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, September 30, 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**

H.R. 6833

**Continuing Appropriations and Ukraine Supplemental Appropriations Act,
2023**

The bill extends government funding through December 16. Concerning
immigration provisions, the bill allocates $3 additional billion to
support Operation Allies Welcome to help resettle Afghan refugees in the
United States. In addition, the bill provides $1.7 billion for the
Office of Refugee Resettlement to support refugees, unaccompanied
children, and other humanitarian entrants. Moreover, the bill also
extends authorization for the same refugee benefits provided to Afghans
granted parole through fiscal year 2022.

Sponsored by Representative Angie Craig (D-Minnesota) (31
 cosponsors-
31 Democrats, 0 Republicans)

02/25/2022 Introduced in the House by Representative Craig as Affordable
Insulin Now Act. Later, the bill would become the vehicle for the
continuing resolution.

02/25/2022 Referred to the House Committees on  Energy and Commerce,
Ways and Means, and Education and Labor.

03/31/2022 Passed the House by a 232 - 193 vote

09/29/2022 Passed the Senate with amendments by a 72-25 vote

09/30/2022 Passed the House of Representatives

09/30/2022 Signed by the President

H.R. 8922

**Southeast Asian Deportation Relief Act**

The bill would prevent the detention and removal of immigrants from
Vietnam, Cambodia, and Laos who entered the United States before January
1, 2008, and have continuously resided in the country since then. The
bill would also grant employment authorization to the immigrants
described above for a period of five years, renewable for any number of
times.

Sponsored by Representative Alan Lowenthal (D-California) (18

cosponsors- 18 Democrats, 0 Republicans)

09/20/2022 Introduced in the House by Representative Lowenthal

09/20/2022 Referred to the House Committee on the Judiciary

**H.R. 8951**

**Ending Catch and Release Act of 2022**

Sponsored by Representative Andy Biggs (R-Arizona) (13

cosponsors- 13 Republicans, 0 Democrats)

09/22/2022 Introduced in the House by Representative Biggs

09/22/2022 Referred to the House Committee on the Judiciary

S. 4856

**Strengthening Entry Visa Enforcement and Restrictions (SEVER) Act of
2022**

The bill would prevent Iranian President Ibrahim Raisi from entering the
United States. This is a companion bill of H.R. 8869
.

Sponsored by Senator Ted Cruz (R-Texas) (6

cosponsors- 6 Republicans, 0 Democrats)

09/14/2022 Introduced in the Senate by Senator Cruz

09/14/2022 Referred to the Senate Committee on the Judiciary

S. 4948

**Empowering States to Deport Illegal Immigrants Act**

The bill would authorize states to enforce federal immigration laws,
including detention and deportation of foreign nationals.

Sponsored by Senator Josh Hawley (R-Missouri) (0

cosponsors)

09/27/2022 Introduced in the Senate by Senator Hawley

09/27/2022 Referred to the Senate Committee on the Judiciary

S. 4974

**Renewing Immigration Provisions of the Immigration Act of 1929**

The bill would update the registry provision by
moving the eligibility cutoff date so that an immigrant may qualify if
they have been in the U.S. for at least seven years. Registry is a
provision of immigration law that allows individuals to apply for
lawful permanent resident status provided they entered the United
States before a particular date - the "registry date -" and have
continuously resided in the United States. This is a companion bill of
H.R. 8433
.

Sponsored by Senator Alex Padilla (D-California) (3
 cosponsors-
3 Democrats, 0 Republicans)

09/28/2022 Introduced in the Senate by Senator Padilla

09/28/2022 Referred to the Senate Committee on the Judiciary

S. 5055

**A bill to provide benefits for noncitizen members of the Armed
Forces**

The bill would establish a program through the Department of Homeland
Security (DHS) and Department of Defense (DOD) that would allow
noncitizen service members to file for naturalization during basic
training. The legislation would also allow noncitizen veterans who have
been deported to apply for a green card if it is in the public interest
and they have not been convicted of a serious crime.

Sponsored by Senator Alex Padilla (D-California) (8

cosponsors- 7 Democrats, 1 Independent, 0 Republicans)

09/29/2022 Introduced in the Senate by Senator Padilla

09/29/2022 Referred to the Senate Committee on the Judiciary

**LEGISLATIVE FLOOR CALENDAR**The U.S. Senate and U.S. House of
Representatives will not be in session the week of October 3, 2022.

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

**THEMES IN WASHINGTON THIS WEEK**

****Federal****

****Congress Passes Funding Package, Provides Narrow Anomaly for
Refugees and Evacuees****On September 30, bipartisan majorities of the
House and Senate voted for a continuing resolution
 to
avert a government shutdown and extend existing funding levels through
December 16. The bill included some additional funding or "anomalies"
beyond the extension of FY 2022 levels, including a $12.4 billion in
military and diplomatic assistance for Ukraine. The bill also contains a
few immigration-related additions. The bill allocates $3 billion to
support Operation Allies Welcome ,
which helps vulnerable Afghans to resettle in the United States. The
bill, however, did not include a path to permanent status to the over
70,000 Afghans evacuated to the U.S. on temporary parole following the
fall of Kabul in August 2021. Parolees are granted

two years of protection from deportation and work authorization but no
clear path to permanent status. The spending bill did not include an
adjustment provision despite

a request from the administration.

The bill did extend the authorization of refugee benefits to Afghan
parolees
,
and also provided an additional $1.7 billion to support anomalous
increases in arriving unaccompanied children, refugees, and those
entering via other humanitarian pathways.

****President Biden Sets Refugee Resettlement Ceiling at 125,000 for
Fiscal Year 2023****On September 27, President Biden signed the
Presidential Determination on Refugee Admissions for Fiscal Year 2023
,
setting the refugee resettlement ceiling for Fiscal Year (FY) 2023 at
125,000. The presidential determination was signed 19 days after
President Biden submitted

for consultation his refugee resettlement proposal to Congress on
September 8.

The 125,000 
refugee
resettlement ceiling will be allocated by region. President Biden
designated a cap of 40,000 refugees from Africa, 15,000 from the East
Asian region, 15,000 from the European and Central Asian region, 15,000
from the Latin American and Caribbean region, 35,000 from the Near East
and South Asian region, and 5,000 available spaces for reserve. The only
variation between the proposal

and the declaration is a 5,000 refugee cap increase for the European and
Central Asian region and a 5,000 reduction of available spaces for
reserve.

The 125,000 target is the same ceiling as the one set for FY 2022.
However, the U.S. has only actually resettled 19,919 
refugees so far this
fiscal year as the administration continues to struggle to rebuild a
program that was decimated under the Trump administration and during the
COVID-19 pandemic. The U.S. is currently on track to resettle a total of
only 21,730 refugees in FY 2022, not even 20% of the 125,000 ceiling.

In its report to Congress, the Biden administration also pledged to
continue efforts to rebuild the resettlement program. It also noted

the imminent launch "later in 2022" of a long-awaited private
sponsorship program within the refugee resettlement system.

****Biden Administration Announces Resumption of Immigrant Visa Services
in Cuba****On September 21, the U.S. Department of State (DOS),
announced

that, for the first time since 2017, it will resume "full immigrant visa
processing" in Cuba in January 2023. In pursuit of this goal, DOS will
increase its personnel at the US Embassy in Havana to allow Cubans to
interview directly within the country, rather than being required to
travel to Guyana.

Since the embassy's closure in 2017, obtaining a visa in Cuba has been
an expensive and nearly impossible process that forced many to seek
illegal methods of entry to the US. Over the last 11 months, a record
198,000 Cubans

entered the country between ports of entry, and in August, Customs and
Border Protection (CBP) officers stopped

19,057 Cubans at the border.

The announcement comes at a critical time for Cuban migration, as the
country is currently facing its worst economic crisis

in the last 30 years and is recovering from the damage of Hurricane Ian.

Coupled with reinstating the Cuban Family Reunification Program (CFRP
),
the resumption of immigrant visas in Cuba will allow for higher
efficiency and expanded coverage for the significantly increased number
of Cubans seeking resettlement. Additionally, it serves as a corollary
to the US's longstanding commitment to legally receive a minimum of
20,000

Cubans per year.

****Biden Administration Hosts Meeting to Launch Implementation Process
of the Los Angeles Declaration on Migration and Protection****On
September 26, U.S. officials and representatives of 19 countries in the
Western Hemisphere gathered

at the White House as a follow-up to June's Summit of the Americas
. Signed by 21 nations at
the summit, the Los Angeles Declaration on Migration and Protection

calls for countries to address challenges related to increased migration
in the Western Hemisphere through cooperation in key areas. Priorities
include increasing opportunities for labor migration, improving legal
pathways such as refugee resettlement and family reunification,
supporting host countries with large migrant populations, and cracking
down on human smuggling networks.

During the recent meeting, countries committed to follow through on a
shared implementation plan

in line with the principles of the Los Angeles Declaration. Country
leads were identified for joint plans of action along thematic areas:
promoting stability and assistance for displaced populations, legal
pathways as an alternative to irregular migration, and humane border
management. Following through on its commitment, the U.S. announced $376
million in additional humanitarian assistance for the Venezuela regional
crisis and has worked to disrupt human smuggling networks; increase
refugee resettlement from the region; expand the seasonal labor visa
program for Central America and Mexico; relaunch the Cuban and Haitian
Family Reunification Parole programs; and bolster support for countries
hosting large migrant populations.

In addition to the United States, countries that have moved forward on
commitments

include Ecuador, Belize, Guatemala, Mexico, and Canada. Ecuador launched
a regularization program for Venezuelans in the country, and Belize did
the same for Central American and Caribbean migrants and refugees.
Meanwhile, Guatemala dismantled a deadly transnational human smuggling
organization. Mexico has also expanded access to asylum and labor
programs, and Canada announced new projects to increase support for
displaced persons and their host countries. Further achievements and
updates will be announced at an October 6 meeting of Foreign Ministers
in Lima, Peru.

****Biden Administration Extends and Redesignates TPS for Burma
(Myanmar)****On September 27, the Biden Administration extended
 and redesignated Temporary
Protected Status (TPS) for Burma. The 18-month extension will permit
around 1,600 current Burmese TPS holders to retain their status
through May 25, 2024. In addition, Burma's redesignation is expected to
benefit an estimated 2,290

additional Burmese individuals who have entered the United States since
March 11, 2021. Moreover, U.S. Citizenship and Immigration Services
(USCIS) automatically extended through November 25, 2023, the validity
of employment authorization documents issued under the TPS designation
for Burma.

DHS Secretary Alejandro Mayorkas said
 that
the renewal of TPS for Burma was appropriate due to the "human rights
violations and abuses, including arbitrary detentions and the
unwarranted use of deadly force against unarmed individuals," that have
displaced over 1.3 million people
,
including 45,500 persons who have sought refuge outside Burma.

TPS  is
granted by DHS to eligible foreign-born individuals who are unable to
return home safely due to violence or other circumstances in their home
country.

****USCIS Announces Automatic 24-Month Extension of Green Card Validity
After Filing for Renewal****On September 28, U.S. Citizenship and
Immigration Services (USCIS) announced

an automatic 24-month extension of Permanent Resident Cards - commonly
known as Green Cards - for lawful permanent residents who properly
file an application for renewal of an expired or expiring Green Card.

In the announcement, USCIS highlighted that receipt notices of renewal
applications can be presented with an expired Green Card as evidence of
continued status. According to the agency, this extension is expected to
help applicants who experience longer processing times, because they
will receive proof of lawful permanent resident status as they await
their renewed Green Card.

****In Response to Hurricane Ian, DHS Will Not Conduct Immigration
Enforcement Activities at Areas Providing Emergency Response and
Relief****On September 28, in preparation for Hurricane Ian - which
left without power over 1.9 million people in Florida and devastated
some areas in the state - the Department of Homeland Security
announced that U.S.
Immigration and Customs Enforcement (ICE) and U.S. Customs and Border
Protection (CBP) would not conduct immigration enforcement activities at
protected areas such as along evacuation routes; sites used for
sheltering or the distribution of emergency supplies, food or water; or
registration sites for disaster-related assistance or the reunification
of families and loved ones.

In the statements, DHS announced that it had instructed ICE and CBP to
provide emergency assistance to individuals regardless of their
immigration status and help conduct search and rescue and public safety
missions.

****Legal****

****Federal Court Rules California's Ban on Private ICE Detention
Facilities is Unconstitutional****On September 26, the 9th Circuit Court
of Appeals ruled

against the state of California, holding that it cannot prohibit
Immigration and Customs Enforcement (ICE) from operating private
immigration detention facilities in the state. Governor Gavin Newsom
signed this prohibition into law in 2019, prompting a suit from the
federal government and GEO Group, a private detention facility operator.

Eight of the eleven judges on the 9th Circuit held

that the California law is unconstitutional, relying on the U.S.
Constitution's "supremacy clause." This clause prohibits state law from
taking precedence over federal law in certain matters. As a result, the
9th Circuit argued that states cannot interfere with federal immigration
operations, such as detention. ICE does not operate its own detention
facilities - it only has 220 of its own detention beds

in California - so it relies almost entirely on private contractors.
The California law forced the agency to stop relying on private
contractors or abandon detention altogether. "California cannot exert
this level of control," wrote

Judge Jacqueline Nguyen for the majority. It is uncertain whether
California will appeal this decision to the Supreme Court.

**GOVERNMENT REPORTS**

**U.S. Government Accountability Office (GAO);****CBP Oversees
Short-Term Custody Standards, but Border Patrol Could Better Monitor
Care of At-Risk Individuals**

**; September 28, 2022**This GAO report highlights that while CBP staff
are required to conduct and document welfare checks every 15 minutes for
individuals who are sick or injured, the agency does not have a
mechanism to verify that staff have done so across field locations.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES****Fact Sheet:
Undocumented Immigrants and Federal Health Care Benefits**
The
fact sheet explains what health care benefits undocumented immigrants
are eligible for and how much federal and state governments spends on
these benefits. The fact sheet highlights that undocumented immigrants
- who have limited access to the U.S. healthcare system - consume
only a small fraction of total health expenditures, contributing far
more through federal, state, and local taxes.

**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.

* * *

*This Bulletin is not intended to be comprehensive. Please contact
Arturo Castellanos-Canales, National Immigration Forum Senior 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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