Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday,
November 4, 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, November 4, 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**

There were no immigration-related bills introduced or considered during
the week of October 31, 2022.

**LEGISLATIVE FLOOR CALENDAR**

The U.S. Senate will be in session on Wednesday, November 9, and
Thursday, November 10, 2022.

The U.S. House of Representatives will not be in session the week of
Monday, November 7, 2022.

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

**THEMES IN WASHINGTON THIS WEEK**

****Federal****

****US Resettles Just 2,153 Refugees in First Month of FY
2023****Refugee resettlement data released
<[link removed]> by the State
Department on November 3 revealed that the administration resettled
2,153 refugees in October, the first month of Fiscal Year (FY) 2023.
This number represents a 61% decline from the 5,546 refugees resettled
in September. The data follows a trend in recent years where September
resettlement represents a high-water mark while October tends to
experience lower-than-average resettlements.

With the first month of the fiscal year in the books, the Biden
administration is on track to resettle 25,836 refugees total in FY 2023
- almost the same as last year and not close to the ceiling President
Biden again set at 125,000 in September. In addition, the Biden
administration pledged
<[link removed]>
in June to resettle 20,000 refugees from the Americas during Fiscal
Years 2023 and 2024. However, the October data shows that during the
first month of this FY, the U.S. resettled 377 from the hemisphere, a
trend that would lead to only 9,048 resettled by the end of FY 2024.

Among the nationalities that were resettled in higher numbers, Congolese
refugees continued leading the list with 617, followed by Afghans with
371, Syrians with 270, Burmese with 216, and Guatemalans with 161.

The October resettlement data also reveals that just 996 Afghans with
Special Immigrant Visas (SIV) arrived in October, a significant decrease
from the 2,577 in September. The SIV pathway remains limited for many
Afghans here and abroad, one reason many immigration advocates and
veterans continue pressuring Congress to pass the Afghan Adjustment Act
<[link removed]>.

****Biden Administration Has Approved Over 6,800 Venezuelan Parole
Applications So Far****On November 3, the Department of Homeland
Security (DHS) released
<[link removed]>
data on the recently launched private sponsorship parole program
<[link removed]>
that will allow up to 24,000 Venezuelans to access temporary protections
in the U.S. The data revealed that 6,800 Venezuelans have already been
approved for parole - quickly nearing the program's cap - and about
500 have already entered the United States. The program allows
individuals in the U.S. with lawful status to sponsor Venezuelan
beneficiaries who have not yet entered the U.S. for humanitarian parole
status. With this status, the beneficiaries may travel, live, and work
in the United States for up to two years. Notably, one sponsor saw her
applications to sponsor multiple beneficiaries approved
<[link removed]>
in just a few hours - a remarkable processing time for USCIS, an
agency whose months-long processing delays across most other
applications have become standard.

The administration has coupled the new parole program with an expansion
of Title 42 to arriving Venezuelans at the border. Thousands of
Venezuelans have now been expelled
<[link removed]>
under the protocol, leaving them without an opportunity to seek asylum
or protections under U.S. law. Consequently, encampments
<[link removed]>
of Venezuelan migrants have formed in Mexico along the U.S. border as
they search for a sponsor or a different means to enter the country. On
October 31, tensions
<[link removed]>
grew between the migrants and CBP agents. One man waving a Venezuelan
flag allegedly jabbed the flagpole toward the CBP agents, and the
officers shot "crowd control projectiles" at the migrants.

****Canada Announces Plan to Welcome 1.45 Million Immigrants by 2025**

** ****On November 1, the Canadian government announced
<[link removed]> its
goal to bring in a record 1.45 million immigrants by 2025. The new
immigration plan aims to fill significant labor shortages in the country
by taking in 465,000 people in 2023 and increasing the number to 500,000
in 2025. With this policy, Canada is looking to mitigate
<[link removed]>
the economic fallout from the COVID-19 pandemic, which left nearly one
million jobs vacant across every sector in every region of the country.
Under the aegis of the business community, the government is expanding
its existing policy of promoting immigration to offset the impact of low
birthrates and an aging population on its workforce.

According to census data
<[link removed]>
from October, immigrants now account for an all-time high of 23 percent
of the Canadian population. Recent immigrants, who are younger on
average than the rest of the Canadian population, comprise four-fifths
of Canada's labor force growth. The Canadian government's latest plan
marks an increase
<[link removed]> in
admittances from last year, when it welcomed 405,000 immigrants-the
most it had ever welcomed in a single year. As part of its new policy,
Canada will focus
<[link removed]>
on admitting more skilled economic immigrants, with a target of 60
percent admitted annually under the economic category by 2025.
Immigrants arriving under family reunification or refugee status will
account for a large portion of the remaining slots.

Canada's efforts to increase immigration enjoy bipartisan support,
standing in contrast to many other Western countries in which polarized
political climates have bred anti-immigrant rhetoric and policies. The
U.S. immigration system operates under a system of caps and ceilings,
whereas the Canadian system sets targets and goals.

****Legal****

****Republican-Led States Seek to Hold DHS in Contempt for Exempting
Haitian Migrants From Title 42 Expulsions****On November 1, twenty-four
Republican-led states, spearheaded by Arizona, asked
<[link removed]>
a federal court to hold the Biden Administration in contempt
<[link removed]> for not
expelling Haitian migrants under Title 42. Title 42 is a pandemic-era
order that both the Trump and Biden administrations have used since
March 2020 to rapidly expel arriving migrants without providing them the
opportunity to seek asylum. The states' request relies on a May 20
ruling
<[link removed]>
from a federal judge in Louisiana in the case Louisiana et al. v. CDC et
al
<[link removed]>
that ordered the Biden administration to keep Title 42 in place. In
March 2022, the Biden administration had announced its intention
<[link removed]> to
end the use of Title 42 at the border.

The plaintiff states argue
<[link removed]>
that DHS has "

**de facto** terminated the Title 42 Policy vis-à-vis citizens of
Haiti... employing the humanitarian exception to circumvent - and
perhaps violate - the Court's injunction." In contrast, immigration
advocates argue
<[link removed]> the
reason behind the decrease in Title 42 expulsions of Haitians is due to
a significant decrease of illegal entries and that Haitians are
accessing lawful exemptions to the expulsions at ports of entry.
According to the most recent data
<[link removed]>, the
vast majority of Haitians in recent months have entered through official
ports of entry.

The controversy surrounding Haitian expulsions via Title 42 comes at a
critical moment for Haitian immigration. According to the International
Organization for Migration (IOM) over 96,000 nationals have been
displaced
<[link removed]>
from the capital, Port-au-Prince, due to "inter-gang violence and social
unrest." In September, these gangs blockaded
<[link removed]>
Haiti's main fuel supply point, causing a shortage in fuel and
effectively hindering citizens' chance to escape by boat. Now, the Biden
Administration has begun to prepare for a potential increase of Haitians
traveling by sea travel upon the blockade's termination. Among the
options that the Biden administration is reportedly considering include
holding migrants in a third country or expanding the existing migrant
processing facility in Guantánamo
<[link removed]>,
Cuba.

****State & Local****

****Arizona Governor Continues Filling Gaps in Border Wall with Shipping
Containers in Defiance of Federal Government****On October 17 - two
months after Governor Doug Ducey (R-Arizona) ordered
<[link removed]> the
use of shipping containers to close a 1,000-foot gap in the U.S. Mexico
border wall near Yuma, Arizona - the federal government requested
<[link removed]>
Arizona's government to remove the 182 containers that had been placed
there. The federal government argued
<[link removed]>
that the unauthorized placement of those containers constituted a
violation of federal law and trespassing on federal property. In
addition, the federal government stressed that such trespassing harms
federal lands and hinders the fulfillment of contracts awarded for the
closure of border wall gaps in that sector.

In response to the letter, on October 18, Arizona's government replied
<[link removed]>
that "the containers will remain in place until specific details
regarding construction are provided." Furthermore, on October 24,
Governor Ducey announced
<[link removed]> the start of
the project's second phase, with plans to use 2,770 containers to fill a
10-mile gap in Cochise County. According to Governor Ducey's
spokesperson
<[link removed]>,
the first phase of the project had a cost of $13 million, and the second
phase is expected to cost $95 million.

In addition to the Federal Government's opposition to the use of
shipping containers, the Cocopah Indian Tribe complained
<[link removed]>
that the state of Arizona acted against its wishes by placing 42
containers on its land. Moreover, on October 16, the Center for
Biological Diversity filed
<[link removed]>
a notice of intent to sue Arizona's government over the environmental
impact of the shipping containers, arguing that it obstructs a critical
jaguar and ocelot migration corridor.

****Texas Governor Diverts $359.6 Million from State Prison System to
Fund Operation Lone Star****On October 27, Governor Greg Abbott
(R-Texas) diverted
<[link removed]>
$359.6 million from the state prison system's budget appropriated for
fiscal year 2023 to fund Operation Lone Star through the next ten
months. Operation Lone Star (OLS) 
<[link removed]>is
a controversial immigration and border enforcement strategy that Texas
Governor Abbott launched in March 2021 that includes a number of efforts
to use state resources to restrict and apprehend arriving migrants.

OLS - which so far has cost more than $4 billion according to a Texas
Tribune report
<[link removed]>
- allows the government of Texas to keep thousands of Department of
Public Safety troopers and Texas National Guard members stationed along
the Texas-Mexico border and other areas of the state. The rationale for
OLS is to "combat
<[link removed]> the
smuggling of drugs and people into Texas." However, it has run
into legal
<[link removed]> and logistical
<[link removed]>
challenges as border management and enforcement fall within the
jurisdiction and responsibility of the Federal government.

****Massachusetts Governor Requests Federal Assistance for Resettlement
of Migrants****On October 31, Governor Charles Baker (R-Massachusetts)
sent a letter
<[link removed]> to
the Biden administration requesting "urgent federal government
assistance for the resettlement of immigrant families arriving in
Massachusetts." Governor Baker noted that in fiscal year 2022,
Massachusetts-based resettlement agencies served a total of 4,334
individuals, including over 2,000 Afghan humanitarian parolees, 822
Cuban and Haitian entrants, and 548 refugees.

In his letter, Governor Baker highlighted
<[link removed]>
that "Massachusetts is proud to welcome individuals seeking asylum and
refuge" but stressed the need for federal support "to cope with this
substantial increase of immigrant families accessing shelters and other
services." In particular, Governor Baker had three requests for the
federal government: 1) Expedite employment authorization documents for
eligible new arrivals and asylum seekers, 2) Increase the amount
allocated for refugee resettlement, and 3) Expand the populations who
are considered eligible for federal support.

**GOVERNMENT REPORTS**

**U.S. Government Accountability Office (GAO);****Immigration Detention:
Actions Needed to Collect Consistent Information for Segregated Housing
Oversight** <[link removed]>

**; October 26, 2022**This GAO report highlights that ICE made 14,581
segregated housing placements between 2017 and 2021. Segregated housing
refers to ICE's authority to separate migrants under the agency's
custody from the general detained population. The report highlights that
about 40% of these segregated placements were for disciplinary reasons,
and about 60% were for administrative reasons. However, the report notes
that the agency's supporting documentation does not always contain
sufficient detail explaining the circumstances leading to segregated
housing.

**U.S. Department of Homeland Security - Office of Inspector General
(DHS-OIG);****Major Management and Performance Challenges Facing the
Department of Homeland Security**
<[link removed]>

**; October 27, 2022**This DHS-OIG report provides an overview of DHS's
challenges and associated risks on multiple fronts, including
immigration. It also highlights the steps DHS needs to take to address
each challenge. Regarding immigration, DHS's challenges include
coordinating border security, controlling migrant surges, and improving
migrant detention conditions. The report recommends DHS to improve the
consistent application of standard procedures to document migrant
apprehensions fully. It also suggests improving the consistent
application of standards for the treatment and care of migrants.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES**America's Worker
Shortages in the Agriculture and Food Industries: Direct Impact on Food
Waste and Inflation
<[link removed]>The
paper explains how the labor deficit in the sector is increasing food
waste and inflation. The paper also recognizes that inflation is a
global phenomenon where immigration reform in the United States is not a
panacea. It argues, however, that labor reforms such as the Farm
Workforce Modernization Act (FWMA), would provide stability in the
agricultural sector, prevent the offshoring of food production, and
reduce food waste from unharvested crops in American farms, consequently
helping to alleviate food inflation.

**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 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 Venezuela Parole Program and Title 42 expansion
to Venezuelans.

* * *

*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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