Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday,
October 21, 2022, is now posted.

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


All the best,

Arturo 

**LEGISLATIVE BULLETIN - Friday, October 21, 2022**BILLS INTRODUCED AND
CONSIDERED <#bills-introduced-and-considered>

LEGISLATIVE FLOOR CALENDAR <#legislative-floor-calendar>

UPCOMING HEARINGS AND MARKUPS <#upcoming-hearings-and-markups>

THEMES IN WASHINGTON THIS WEEK <#Themes-In-Washington-This-week>

GOVERNMENT REPORTS <#government-reports>

SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES
<#spotlight-on-national-immigration-forum-resources>

**BILLS INTRODUCED AND CONSIDERED**

S. 3157
<[link removed]>

**Bridging the Gap for New Americans Act**

The new law requires the Department of Labor to conduct a study
of the factors affecting employment opportunities for immigrants and
refugees who have professional credentials obtained in foreign
countries.

Sponsored by Senator Amy Klobuchar (D-MN) (5
<[link removed]> cosponsors-
3 Republicans, 2 Democrats)

11/03/2021 Introduced in the Senate by Senator Klobuchar

06/23/2022 Passed the Senate without amendment via unanimous consent

09/19/2022 Passed the House of Representatives by a 363-52 vote
<[link removed]>

10/17/2022 Signed by the President

10/17/2022 Became Public Law No: 117-210.
<[link removed]>

H.R. 9174
<[link removed]>

**State Immigration Enforcement Act**

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

Sponsored by Representative Andy Biggs (R-Arizona) (4
<[link removed]>
cosponsors- 4 Republicans, 0 Democrats)

10/14/2022 Introduced in the House by Representative Biggs

10/14/2022 Referred to the House Committee on the Judiciary

H.R. 9189
<[link removed]>

**Border Airport Enhancement Act**

The bill would require the President of the United States to designate
Plattsburgh International Airport and the Valley International Airport
as ports of entry.

Sponsored by Representative Elise Stefanik (R-New York) (1
<[link removed]>
cosponsor- 1 Republican, 0 Democrats)

10/14/2022 Introduced in the House by Representative Stefanik

10/14/2022 Referred to the House Committees on Ways and Means, and
Homeland Security

**LEGISLATIVE FLOOR CALENDAR**The U.S. Senate and U.S. House of
Representatives will not be in session the week of Monday October 24,
2022.

**UPCOMING HEARINGS AND MARKUPS**There are no immigration-related
hearings scheduled for the week of October 24, 2022.

**THEMES IN WASHINGTON THIS WEEK**

****Federal****

****Biden Administration Launches Limited Parole Program for
Venezuelans, Expands Title 42****On October 19, the Biden administration
officially launched
<[link removed]>
a new private sponsorship parole program that will initially allow up
to 24,000 Venezuelans to access temporary protections in the U.S. Any
individuals or groups with lawful status in the U.S. will be able to
serve as sponsors in the now-open program, as long as they file
declarations of financial support for prospective beneficiaries and pass
required background checks.

In order to be eligible <[link removed]> for the parole
program, both parties - parolees and sponsors - must pass screening
and background checks. The parole status
<[link removed]>
will last for an initial period of two years. Parolees will be able to
apply for work authorization but will be ineligible for other benefits
and will have no clear path to permanent status. The program is
initially capped at 24,000 beneficiaries, although the DHS
statement noted
<[link removed]> it
"may consider expanding it in the future."

Those who travel unlawfully into Mexico after the announcement of the
program will not be eligible, potentially stranding tens of thousands of
vulnerable migrants who were in the midst of the dangerous
<[link removed]>
journey across the Darién gap, into Mexico, and towards the U.S.
border. The program may also be cost-prohibitive, requiring prospective
beneficiaries to have a valid passport, a connection to a U.S.-based
sponsor, and cover commercial air travel to the U.S. Advocates have
raised concerns
<[link removed]>
the program will only be accessible to a small number of wealthier and
better-connected Venezuelans and will not serve as a viable alternative
to irregular migration for the most vulnerable migrants.

In conjunction with the launch of the parole program, the Biden
administration also expanded
<[link removed]>
Title 42 expulsions to Venezuelan nationals who arrive at the border.
Title 42
<[link removed]>
is a pandemic-era order that has been used to rapidly expel arriving
migrants to Mexico or their countries of origin without providing them
the opportunity to seek asylum. Prior to the DHS announcement,
Venezuelan asylum seekers were among the nationalities exempted from
Title 42, in part because Mexico had refused to accept them. However,
Mexico has now agreed
<[link removed]>
to accept up to 1,000 expelled Venezuelan migrants each day. Once in
Mexico, Venezuelans returned under Title 42 are notified
<[link removed]> by Mexican
authorities that they must leave the country within 15 days or apply for
asylum.

According to the Biden administration, the effort is intended
<[link removed]>
to deter irregular migration increasing the number of Venezuelans
crossing into the U.S. between ports of entry. Average monthly unique
encounters
<[link removed]> of
Venezuelan nationals at the southern border totaled 15,494 in FY 2022,
rising further to over 25,000 in August and 33,000 in September. These
numbers represent a staggering increase compared to the monthly average
<[link removed]>
of 127 unique encounters from FY 2014-2019.

****Biden Administration Designates Ethiopia for Temporary Protected
Status (TPS)****On October 21, the Biden Administration designated
<[link removed]> Ethiopia
for Temporary Protected Status (TPS). The 18-month designation will
allow over 30,000 nationals from Ethiopia residing in the United States
as of October 20, 2022, to apply to stay and work temporarily in the
country without fear of being returned to conflict and violence.

TPS <[link removed]> is
granted - after an interagency consultation process - by the
Department of Homeland Security (DHS) to eligible foreign-born
individuals who are unable to return safely to their home countries due
to violence or other circumstances in their home country. In this case,
DHS Secretary Alejandro Mayorkas said
<[link removed]> that
the TPS designation for Ethiopia was appropriate due to the ongoing
armed conflict in the country, as well as a humanitarian crisis
involving severe food shortages, flooding, drought, and displacement.

****Biden Administration Removes Barriers to Naturalization for
Applicants with Disabilities****On October 19, U.S. Citizenship and
Immigration Services (USCIS) updated
<[link removed]>
its policy guidance to allow naturalization applicants with a physical
or mental disability that precludes them from fulfilling the English and
civics testing requirements for naturalization, to file Form N-648
<[link removed]> to request an exception to those
requirements. The form must be completed and certified by a medical
professional. USCIS Director Ur Jaddou highlighted
<[link removed]>
that "the changes made to Form N-648 are yet another way in which USCIS
is removing barriers to naturalization."

****Legal****

****Supreme Court Declines to Take Case About Birthright Citizenship for
American Samoans****On October 17, the Supreme Court declined
<[link removed]> to
hear **Fitisemanu v. United States**
<[link removed]>,
a case about whether individuals born in American Samoa are entitled to
birthright citizenship. Anyone born within the U.S. or in a U.S.
territory automatically acquires U.S. citizenship by birth. Congress
considers Puerto Rico, Guam, the Northern Mariana Islands, and the US
Virgin Islands "territories," but explicitly excludes
<[link removed]>
American Samoa, instead defining it as an "outlying possession."

As a result, American Samoans are not born U.S. citizens but non-citizen
U.S. nationals <[link removed]>.
Fitisemanu initially won the case against the federal government when a
federal district court in Utah held that American Samoans are entitled
to birthright citizenship. However, the Tenth Circuit reversed the
decision on appeal. Fitisemanu then appealed to the Supreme Court, but
the government of American Samoa and the Biden administration urged
<[link removed]>
the Court to respect Congress's explicit delineation of American Samoa
and not take the case. The Biden Administration also argued
<[link removed]>
that because American Samoans are offered an expedited path to
naturalization upon moving to any U.S. state or territory, there already
exists a cure for any disadvantages they may face as non-citizens.

Since the Supreme Court did not take the appeal, the Tenth Circuit's
ruling against birthright citizenship for American Samoans stands. Those
born in American Samoa remain ineligible
<[link removed]>
to vote or run for office at state and federal levels, serve on juries,
or work as police officers, among other privileges exclusive to full
U.S. citizens.

****Supreme Court Schedules Oral Arguments in Case Challenging Biden
Administration's Immigration Enforcement Guidelines****On October 18,
the U.S. Supreme Court scheduled
<[link removed]>
oral arguments for November 29 in the case USA v Texas
<[link removed]>,
which challenges the Biden administration's immigration enforcement
guidelines
<[link removed]>
that re-prioritized enforcement efforts to focus on immigrants who are
deemed national security threats, those who recently crossed the border
without authorization, and those who have been convicted of aggravated
felonies or other violent crimes.

The case stems from an April 6 lawsuit
<[link removed]>
that Texas and Louisiana filed against the federal government's
enforcement guidelines. The Biden administration argue that limited
resources require prioritizing certain enforcement actions, and that the
use of discretion and prioritization is both common and necessary across
law enforcement agencies. But on June 10, a federal judge in Texas sided
<[link removed]>
with the states, arguing that while the federal government has
case-by-case discretion, DHS policy binds officials in a "generalized,
prospective manner." The Biden administration appealed the ruling and
requested a stay, but on July 7, the Fifth Circuit declined
<[link removed]> to stay
the injunction. The Biden administration then appealed the Fifth Circuit
ruling and requested a stay. However, on July 21, the Supreme Court
declined
<[link removed]> to
lift the injunction but granted certiorari to hear the merits of the
case.

The case represents one of several lawsuits
<[link removed]>
in which Republican-led states have attempted to block significant parts
of the Biden administration's immigration and border agenda.

****Lawyers for Immigrant Detainees sue ICE for Preventing Communication
with Detained Clients****On October 17, the American Civil Liberties
Union (ACLU) - acting on behalf of five nonprofit legal services
organizations representing immigrant detainees in Louisiana, Texas,
Florida, and Arizona - filed suit
<[link removed]>
against the Department of Homeland Security (DHS) and Immigration and
Customs Enforcement (ICE), claiming that they have been unlawfully
prevented "from effectively communicating with their clients." Per the
complaint, the plaintiff-attorneys stated that they are being denied
access to "private, individual visitation rooms to hold confidential
conversations with their clients at ICE detention facilities."
Additionally, they are being forced to deal with severely limited
telephone access and inflated $20 rates for 25-minute calls.

According to a June 22 ACLU report, detained immigrants at ICE detention
facilities nationwide face pervasive barriers to accessing counsel. ACLU
has agreed to handle the suit for a number of nonprofit organizations
who are facing similar problems.

****State and Local****

****Washington, D.C., City Council Approves Bill That Would Allow
Noncitizens to Vote in Local Elections****On October 19, the Washington,
D.C., City Council approved
<[link removed]>
a bill, the Local Resident Voting Rights Amendment Act of 2022
<[link removed]>, that would allow over
51,000 foreign nationals residing in D.C. - regardless of their
immigration status - to vote in all local elections, including for
mayor, attorney general, school board, and city council. The bill would
not allow noncitizens to participate in federal elections. In a
lawmaking process unique to D.C., legislation passed by the city council
must be sent to Congress where the House and Senate have 30 days to
enact a resolution disapproving the bill which, if signed by the
President, would serve as a veto. Therefore, to become law, the Local
Resident Voting Rights Amendment Act still needs the approval of D.C.
Mayor Muriel Bowser and to be sent to Congress for 30 days. On October
20, House Republicans sent a letter
<[link removed]>
to Mayor Bowser urging her to reject the bill arguing that it "violates
American sovereignty."

Currently, eleven municipalities in Maryland and two
in Vermont already grant
<[link removed]>
noncitizens some municipal voting rights. Additionally, in San Francisco
and Chicago, noncitizens can vote
<[link removed]> in school board
elections. Other municipalities in New York, California, Maine, and
Massachusetts are weighing similar legislation.

**GOVERNMENT REPORTS**

**U.S. Government Accountability Office (GAO);****Southwest Border:
Challenges and Efforts Implementing New Processes for Noncitizen
Families** <[link removed]>

**; September 28, 2022 (Publicly released on October 17, 2022)**This GAO
report highlights that Border Patrol encountered 1.7 million noncitizens
between ports of entry in FY 2021, a 300% increase over FY 2020. To help
deal with this increase, Border Patrol created two processes to release
families (parents and children under 18) into the U.S. without
initiating immigration removal proceedings. This reduced their time in
Border Patrol custody. Border Patrol told the families to report to
Immigration and Customs Enforcement to start their immigration court
proceedings. The report notes that as of March 1, 2022, about 75% of
these family members had reported to ICE as required. The report also
notes that ICE conducted several operations to try to identify and
locate those who did not report.

**U.S. Government Accountability Office (GAO);****Immigration Detention:
ICE Needs to Strengthen Oversight of Informed Consent for Medical Care**
<[link removed]>

**; October 18, 2022**This GAO report highlights U.S. Immigration and
Customs Enforcement (ICE) has established policies for obtaining and
documenting informed consent for medical care provided on-site at
detention facilities. However, the report notes that that ICE policies
do not require facilities to collect documentation of informed consent
for detained noncitizens' off-site medical care from community
providers.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES****Explainer:
Venezuela Parole Program and Title 42 Expansion**
<[link removed]>This
explainer describes the newly created Venezuelan parole program and the
expansion of Title 42 expulsions to cover Venezuelans. The resource
details the policies, their likely impact, and some concerns associated
with their implementation.

**"Foreign in a Domestic Sense": U.S. Territories and "Insular Areas"**
<[link removed]>This
explainer provides an overview of Puerto Rico's, Guam's, U.S. Virgin
Islands', Northern Mariana Islands', and American Samoa's islands
longstanding campaign for statehood.

**Fact Sheet: Family-Based Parole Programs**
<[link removed]>This
fact sheet analyzes three different active family-based parole programs:
Cuban Family Reunification Parole Program, Haitian Family Reunification
Parole Program, and Central American Minors Program. The fact sheet
describes the elements of the programs, who is eligible, and some steps
the administration can take to improve their efficacy.

Explainer: DHS Immigration Enforcement Guidelines
<[link removed]>This
is an explainer on the
new DHS immigration enforcement priorities issued on September 30,
2021. The new guidance provides flexibility to DHS personnel, who are
advised to balance aggravating and mitigating factors when making
enforcement determinations.

Advocacy Center: National Immigration Forum
<[link removed]>This new advocacy
landing page serves as a complement to the policy resources page on key
campaigns.

* * *

*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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