Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday,
October 28, 2022, is now posted.

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


All the best,

Arturo 

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**H.R. 5006
<[link removed]>

**African Diaspora Heritage Month Act of 2022**

The bill would designate September as the African Diaspora Heritage
Month.

Sponsored by Senator Tim Kaine (D-Virginia) (6
<[link removed]>
cosponsors- 6 Democrats, 0 Republicans)

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

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

H.R. 9101
<[link removed]>

**H-2A Reform Act of 2022**

The bill would require the Secretary of Labor to issue the necessary
regulations to establish that the adverse effect wage rate (AEWR) shall
be the difference of the amount between 125% of the federal minimum wage
required by the Fair Labor Standards Act, and the value of any other
benefit provided to the immigrant. The AEWR is the rate that the
Department has determined is necessary to ensure the employment of H-2A
foreign workers will not have an adverse effect on the wages of
agricultural workers in the United States similarly employed.

Sponsored by Representative Michelle Fischbach (R-Minnesota) (0
<[link removed]>
cosponsors)

09/30/2022 Introduced in the House by Representative Fischbach

09/30/2022 Referred to the House Committee on the Judiciary

H.R. 9147
<[link removed]>

**Haiti Criminal Collusion Transparency Act of 2022**

Among various other provisions, the bill would prohibit the issuance of
visas to economic and political elites in Haiti who have ties with
criminal gangs.

Sponsored by Representative Val Butler Demings (D-Florida) (3
<[link removed]>
cosponsors- 3 Democrats, 0 Republicans)

10/07/2022 Introduced in the House by Representative Demings

10/07/2022 Referred to the House Committees on Foreign Affairs and the
Judiciary

H.R. 9165
<[link removed]>

**To amend the Elementary and Secondary Education Act of 1965 to improve
the academic achievement of English learners and immigrant children and
youth**

Sponsored by Representative Adriano Espaillat (D-New York) (0
<[link removed]>
cosponsors)

10/11/2022 Introduced in the House by Representative Espaillat

10/11/2022 Referred to the House Committee on Educaction and Labor

H.R. 9171
<[link removed]>

**To reimburse the State of Texas for Operation Lone Star**

The bill would require the federal government to reimburse the State of
Texas for the expenses incurred in fiscal years (FYs) 2021 and 2022
while carrying out Operation Lone Star. Operation Lone Star is a state
initiative launched by Texas Governor Greg Abbott in March 2021 in
response to rising border crossings.

Sponsored by Representative August Pfluger (R-Texas) (0
<[link removed]>
cosponsors)

10/11/2022 Introduced in the House by Representative Pfluger

10/11/2022 Referred to the House Committee on Homeland Security

H.R. 9225
<[link removed]>

**Case Backlog and Transparency Act of 2022**

The bill would require DHS to submit to designated Congressional
committees a report on backlogs at U.S. Citizenship and Immigration
Services (USCIS). The report would be required to identify the number of
pending immigration benefit applications, describe the active suspense
categories and the number of cases pending in each category, and list
the average processing time for each type of immigration benefit
application.

Sponsored by Representative Tony Cárdenas (D-California) (0
<[link removed]>
cosponsors)

10/25/2022 Introduced in the House by Representative Cárdenas

10/25/2022 Referred to the House Committee on the Judiciary

H.R. 9238
<[link removed]>

**Border Patrol First Act**

The bill would require the Department of State to transfer $240 million
dollars, out of the balance appropriated for refugee and migration
assistance in Central America, to DHS. In turn, DHS would be required to
use that funding for CBP programs and activities, and to reimburse Texas
and Arizona for projects conducted by such States relating to securing
the southern border of the United States.

Sponsored by Representative Beth Van Duyne (R-Texas) (0
<[link removed]>
cosponsors)

10/25/2022 Introduced in the House by Representative Van Duyne

10/25/2022 Referred to the House Committee on Appropriations

**LEGISLATIVE FLOOR CALENDAR**The U.S. Senate and U.S. House of
Representatives will not be in session the week of Monday, October 31,
2022.

**UPCOMING HEARINGS AND MARKUPS**There are no immigration-related
hearings scheduled for the week of Monday, October 31, 2022.

**THEMES IN WASHINGTON THIS WEEK**

****Federal****

****FY 2022 Border Data Reveals High Encounter Numbers as Demographics
Shift****On October 21, U.S. Customs and Border Protection (CBP)
released
<[link removed]>
data regarding  migrant border encounters for the month of September
and for Fiscal Year (FY) 2022. Per the data
<[link removed]>,
CBP recorded a record 2.4 million encounters - a 37% jump from the 1.7
million recorded in FY 2021. The encounter data does not represent a
record number of overall irregular border crossing, as higher
repeat-crossing rates
<[link removed]>
and a lower rate
<[link removed]>
of "got-aways" than past years means FY 2022 totals remain below several
peak border crossing years in the early 2000s.

The border data confirmed CBP's continued implementation of Title 42, a
pandemic-era policy used to rapidly expel arriving migrants without
providing them the opportunity to seek asylum under U.S. law. The FY
2022 data shows over one million migrants were expelled under Title 42
for the second straight year.

There were about 183,000 unique border encounters in September
<[link removed]>
alone, a 15% increase from August. This was propelled mostly by the high
number of immigrants fleeing authoritarian regimes in Cuba, Nicaragua,
and Venezuela, making up about 77,000 of the total number. Through the
whole fiscal year, migration from these three countries outpaced
migration from the Northern Triangle countries of Honduras, El Salvador,
and Guatemala, reflecting a broader demographic shift
<[link removed]>
at the border. However, with the recent expansion of Title 42
<[link removed]>
to Venezuelans, preliminary October data reveals a decline in Venezuelan
arrivals.

Meanwhile, Cubans
<[link removed]>
have continued to seek other means of entry than the Southwest border.
CBP reported 6,182 Cubans were encountered at sea in FY 2022, and the
numbers have been increasing recently. Since the start of October, 921
<[link removed]>
Cubans have been intercepted by the U.S. Coast Guard, already setting a
pace that would eclipse the total from FY 2022.

****Biden Administration Has Expelled Over 5,300 Venezuelan Migrants as
First Parolees Arrive****On October 27, the United Nations reported
<[link removed]>
that since October 12, the Biden Administration had expelled more than
5,300 Venezuelans to Mexico under Title 42. The high number of
expulsions results from the recent U.S.-Mexico agreement
<[link removed]>
to expand Title 42 expulsions to Venezuelan asylum seekers who arrive at
the border.

Title 42 is a pandemic-era order that both the Trump and Biden
administrations have been using to rapidly expel arriving migrants to
Mexico or their countries of origin without providing them the
opportunity to seek asylum under U.S. law. Before the U.S.-Mexico
agreement
<[link removed]>,
Venezuelan asylum seekers were among the nationalities exempted from
Title 42, partly because Mexico had refused to accept them. However, per
the agreement, Mexico has now agreed to accept up to 1,000 expelled
Venezuelan migrants each day.

On October 21, in response to the increased number of expulsions of
Venezuelans under Title 42, twenty-two members of Congress - led by
Representative Adriano Espaillat (D-New York) and Senator Robert
Menendez (D-New Jersey) - sent a letter
<[link removed]> to
President Biden expressing their "profound disappointment" and urging
him to stop Title 42 expulsions. In their view, Title 42 violates
domestic and international law and poses a danger to the lives of asylum
seekers.

DHS also reported the arrival
<[link removed]>
of the first Venezuelan beneficiaries of the recently announced private
sponsorship parole program
<[link removed]>,
that will allow up to 24,000 Venezuelans to access temporary protections
in the U.S. Advocates have raised concerns
<[link removed]>
that the restrictive eligibility requirements of the parole program mean
it will not serve as a real alternative to irregular migration.

This month, the United Nations reported
<[link removed]> that since the
start of the political and economic crisis in Venezuela in 2015, more
than 7.1 million Venezuelans have been living as refugees and forced
migrants around the world. More than 80% of those who have left
Venezuela are living in Latin America and the Caribbean, where -
according to the United Nations Refugee Agency (UNHCR) - some 4.3
million are facing challenges
<[link removed]>
accessing food, housing, and stable employment.

****Mexico's Government Officially Ends MPP Agreement With the United
States****On October 25, Mexico's government announced
<[link removed]>
the end of the country's collaboration with the United States regarding
the implementation of the Migrant Protection Protocols (MPP), also known
as the "Remain in Mexico" program. The announcement came one day before
the Mexican Supreme Court ruled
<[link removed]>
that the Mexican government had failed to publish the guidelines under
which migrants expelled under MPP would be received and protected in the
country. The ruling
<[link removed]>
- now largely ineffective because the policy is no longer in use at
the border - forces Mexican authorities to publish those guidelines
without delay.

Both the court's ruling and the Mexican government's announcement came
almost three months after the Department of Homeland Security (DHS)
announced
<[link removed]>
that it would end the Remain in Mexico program. MPP, which the Trump
administration implemented in 2019, forced more than 70,000 non-Mexican
nationals arriving by land from Mexico to await the results of their
removal proceedings in Mexico. The Biden administration stopped
<[link removed]> enrollment
in MPP in June 2021. However, on August 13, a federal judge in
Texas ruled
<[link removed]> that
the termination of MPP violated the Administrative Procedures Act
(APA). Hence, in compliance with court orders, the Biden
administration resumed
<[link removed]> the
implementation of MPP on December 6.

On June 30, the U.S. Supreme Court ruled
<[link removed]> 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
<[link removed]> his
injunction blocking Biden officials from ending the program.

****Survey Reveals Support for Path to Citizenship, Decrease in Support
for Great Replacement Conspiracy Theory****According to a survey
<[link removed]>
released on October 27 by the Public Religion Research Institute (PRRI),
57% of Americans believe undocumented immigrants in the U.S. should be
given a way to become citizens, provided they meet certain requirements.
The survey noted that support for a pathway to citizenship has remained
consistent since 2013, with a peak of 67% in 2019.

The survey also revealed
<[link removed]>
that the percentage of Americans who agree with the statement
"immigrants are invading our country and replacing our cultural and
ethnic background" has declined to 30% in 2022 from 36% in 2019. The
survey reported that 64% of Americans disagreed with the statement,
which is representative of the Great Replacement conspiracy theory
<[link removed]>.
Americans who are immigrants or who know someone who is an immigrant
were significantly less likely to agree with the theory.

****Secretary of Labor Warns of 'Catastrophe' Resulting from Failure to
Pass Immigration Reforms****On October 25, Secretary of Labor Marty
Walsh emphasized
<[link removed]>
the importance of immigration reform for the national workforce and
stated that without it, a "bigger catastrophe" than a recession or
inflation is coming. His warning referenced  concerning demographic
trends in the U.S. labor market. For instance, the U.S. population is
aging rapidly
<[link removed]>,
fertility rates are falling, and net immigration levels are not high
enough to keep pace. In addition, a projected peak in high school
graduates in 2025 threatens
<[link removed]>
to limit the total size of the next-generation labor pool and the
transfer of knowledge between generations of workers.

According to Secretary Walsh, removing barriers for immigrant workers to
join the U.S. labor force is a critical solution to tackle imminent
labor shortages. Secretary Walsh, however, expressed
<[link removed]>
concern over the political parties' split approach to immigration and
the lack of bipartisan coordination. He also pointed to businesses'
support for immigration reform, noting that such reform -
specifically, creating better pathways to obtaining visas and
citizenship - is supported by business owners across the country with
whom he has spoken.

Among the most affected
<[link removed]>
industries due to labor shortages, agriculture - which relies on a
large immigrant workforce (73%) - is currently at least a couple of
million workers short, according
<[link removed]>
to Land O'Lakes CEO Beth Ford. Hence, this week, agricultural business
leaders increased
<[link removed]>
advocacy efforts for Congress to pass the Farm Workforce Modernization
Act
<[link removed]>.
Among many other provisions, the bill would create a pathway to
legalization for unauthorized farmworkers and modernize the existing
H-2A temporary agricultural worker visa program.

****Legal****

****TPS Negotiations Fail, Leaving Over 337,000 Beneficiaries in
Limbo****After a year of unsuccessful negotiations in the case Ramos v.
Nielsen <[link removed]>, settlement
talks between the Biden administration and attorneys for Temporary
Protected Status (TPS) holders ended
<[link removed]>
without resolution on October 25. The case has its origins in 2018, when
the Trump administration attempted to end
<[link removed]>
TPS for several countries, arguing that the emergencies that motivated
their original designations had ended and the countries no longer
warranted renewals of the protective status. TPS holders sued the
administration in 2018, and a California federal district judge blocked
the termination, holding it unlawful. But three judges on the 9th
Circuit reversed this decision in 2020, prompting plaintiffs to request
a rehearing in front of additional 9th Circuit judges.

After this request, negotiations with the Biden administration began in
efforts to settle the case out of court. The administration redesignated
TPS for Haiti and Sudan but has thus far refused to do so for Nepal,
Honduras, El Salvador, and Nicaragua. Now, the 9th Circuit must decide
whether to rehear the case. If it denies this request for rehearing by
November 30, 2022, TPS for these 4 countries will expire
<[link removed]>
on December 31, 2022, subjecting over 337,000 TPS holders, including
those with U.S. citizen children, to potential deportation. If the court
agrees to accept the case before November 30, TPS for these countries
will be renewed for 9 months.

The Department of Homeland Security can designate a country for TPS
<[link removed]> if the
country faces a severe ongoing emergency such as a natural disaster or
war. If migrants from that country were already physically present in
the U.S. before the designation date, TPS grants them short-term
protection from deportation (usually 12-18 months). 15 countries are
currently designated for TPS, with some designations having been
continuously renewed since the 1990s.

**GOVERNMENT REPORTS**

**Congressional Research Service (CRS);****The Biden Administration's
Immigration Enforcement Priorities: Background and Legal
Considerations** <[link removed]>

**; October 21, 2022**This CRS legal sidebar provides an overview of the
Biden administration's immigration enforcement priorities, as reflected
in DHS's new immigration enforcement guidelines, and the legal
considerations that they raise.

**Congressional Research Service (CRS);****Ukrainian Eligibility for
Selected Benefits Based on Immigration Status: In Brief**
<[link removed]>

**; October 21, 2022**This CRS brief provides an overview of the
eligibility for public benefit programs, work authorization, and path to
LPR status for Ukrainian refugees, asylees, parolees, and TPS
recipients.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES****Fact Sheet:
Changes in Migrant Demographics at the Southwest Border**
<[link removed]>The
fact sheet describes and visualizes the changing dynamics at the border
- particularly concerning the increasing number of arriving Cubans,
Venezuelans, Nicaraguans, and Colombians. It also discusses the policy
implications of these changes.

**Explainer: Venezuela Parole Program and Title 42 Expansion**
<[link removed]>This
explainer describes the elements, policies, likely impact, and some
concerns related to the recent Venezuela Parole Program and Title 42
expansion to Venezuelans.

**Bill Summary: Farm Workforce Modernization Act**
<[link removed]>The
bill consists of three key platforms: (1) It would create a pathway to
legalization for current unauthorized agricultural workers, including an
eventual option to become a lawful permanent resident (LPR). (2) It
would reform and modernize the existing H-2A temporary agricultural
worker visa program. And (3), it would require all agriculture employers
to implement a reformed "E-Verify" program to ensure their workers are
authorized.

* * *

*This Bulletin is not intended to be comprehensive. Please contact
Arturo Castellanos-Canales, Senior Policy and Advocacy Associate, with
comments and suggestions of additional items to be included. Arturo can
be reached at [email protected]
<mailto:[email protected]>. Thank you.

 

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