Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Wednesday,
November 23, 2022, is now posted. We will publish our next bulletin on
Friday, December 2, 2022.

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

All the best,

Arturo 

**LEGISLATIVE BULLETIN - Wednesday, November 23, 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. 5083
<[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. This is
a companion bill of H.R. 9147
<[link removed]>.

Sponsored by Senator Robert Menendez (D-New Jersey) (2
<[link removed]>
cosponsors-1 Democrat, 1 Republican)

11/14/2022 Introduced in the Senate by Senator Menendez

11/14/2022 Referred to the Senate Committee on Foreign Relations

S. 5118
<[link removed]>

**A bill to require the Commissioner of U.S. Customs and Border
Protection to identify and conduct recurrent vetting of evacuees from
Afghanistan found not to be properly vetted before entering the United
States**Sponsored by Senator Rick Scott (R-Florida) (1
<[link removed]>
cosponsor- 1 Republican, 0 Democrats)

11/17/2022 Introduced in the Senate by Senator Scott

11/17/2022 Referred to the Senate Committee on the Judiciary

S. 5122
<[link removed]>

**A bill to provide greater scrutiny of visas for Chinese Communist
Party members**The bill would ban the issuance of B-1 and B-2
nonimmigrant visas to members of the Chinese Communist Party. B-1 and
B-2 visas allow foreign nationals to visit the United States for
vacation and to perform non-official government business.

Sponsored by Senator Marco Rubio (R-Florida) (3
<[link removed]>
cosponsors- 3 Republicans, 0 Democrats)

11/17/2022 Introduced in the Senate by Senator Rubio

11/17/2022 Referred to the Senate Committee on the Judiciary

H.R. 9304
<[link removed]>

**Funding Attorneys for Indigent Removal (FAIR) Proceedings Act**The
bill would guarantee legal counsel during removal proceedings for
immigrant children, individuals with disabilities, victims of abuse,
torture, and violence, and those living at or below 200% of the federal
poverty level.

Sponsored by Representative A. Donald McEachin (D-Virginia) (9
<[link removed]>
cosponsors-9 Democrats, 0 Republicans)

11/15/2022 Introduced in the House by Representative McEachin

11/15/2022 Referred to the House Committee on the Judiciary

**LEGISLATIVE FLOOR CALENDAR**The U.S. Senate will be in session the
week of Monday, November 28, 2022.

The U.S. House of Representatives will be in session from Tuesday,
November 29, through Friday, December 2, 2022.

**UPCOMING HEARINGS AND MARKUPS**There are no immigration-related
hearings scheduled for the week of Monday, November 28, 2022.

**THEMES IN WASHINGTON THIS WEEK**

****Federal****

****2022 Midterms Yield Divided Government as Leadership Conversations
Continue in Both Chambers****On November 16, several news agencies
confirmed
<[link removed]>
that Republicans are set to control a narrow majority in the House of
Representatives in the 118th Congress. Democrats have retained narrow
control of the Senate with either 50 or 51 seats, depending on the
result of a run-off in Georgia scheduled for December 6.The midterm
results have also resulted in leadership shake-ups in both chambers. In
the House, Speaker of the House Nancy Pelosi (D-California), Majority
Leader Steny Hoyer (D-Maryland), and Majority Whip Jim Clyburn (D-South
Carolina) are each stepping down
<[link removed]>
from their leadership positions in the Democratic party, with their
replacements uncertain as of November 22. Representative Kevin McCarthy
(R-California) survived a challenge from his right flank and was
nominated
<[link removed]>
to be the GOP nominee for House Speaker by a vote of 188-31, but he will
still require Republican consensus (218 total votes) in a January vote
before the full House in order to serve as Speaker. In the Senate,
Senator McConnell (R-Kentucky) survived
<[link removed]>
a November 15 challenge from Senator Rick Scott (R-Florida) and will
again be Senate Majority Leader.

It is unclear what impact the elections and leadership changes will have
on immigration issues. However, House Republicans have already signaled
an intention to conduct significant additional oversight on border
security, among other issues. Representative McCarthy has also pledged
<[link removed]>
to bring border security legislation up in the first days of the new
Congress, and expressed hesitation
<[link removed]>
about combining border reforms with a permanent solution for Dreamers in
a potential compromise deal.

For the rest of this Congress (the "lame duck" session), Senate
Democrats are prioritizing
<[link removed]>
protections for Dreamers. Majority Leader Chuck Schumer (D-New York)
joined several Senate Democrats in a press conference
<[link removed]>
on November 16 calling for Republicans to come to the table on a
bipartisan solution and highlighting that a path to permanent status for
Dreamers is a top priority for the end of the year. Veterans
<[link removed]>,
business groups
<[link removed]>,
and immigration
<[link removed]>
advocates
<[link removed]>
have also been calling on Congress to include the bipartisan Afghan
Adjustment Act in an end-of-the-year spending package.

****Border Encounters Remained High But Stable in October****On November
14, U.S. Customs and Border Protection (CBP) reported
<[link removed]>
that the agency encountered 230,678 migrants at the Southwest border
during the month of October. This marks a slight 1% increase from
September's total of 227,547 encounters. Accounting for a high repeat
crossing rate of 20%, unique border encounters in October stood at
185,527. The border data also 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. In October, 78,477 of all arrivals were immediately expelled
under Title 42.The high number of encounters
<[link removed]>
in recent months has been driven by increasing migration from Venezuela,
Cuba, Nicaragua, and Colombia. There were 89,004 total encounters from
those four countries, up 181% from October 2021. The data revealed that
arrivals from Venezuela - whose nationals are now subject to Title
42  - remained high at 22,044. That number, however, declined from
September, when 33,804 Venezuelans were encountered. The data further
shows that 5,855 (27%) Venezuelans were returned under Title 42 in
October, including 1,349 migrants in family units.

Notably, encounters of Peruvian migrants at the border have steadily
increased in the last year. There were 9,081 encounters of Peruvian
migrants in October, up 786% from this time last year. Peruvian arrivals
have been increasing fairly steadily since the spring.

****Senate Committee Investigation Finds Evidence of Medical Abuses
Toward Detained Women at Georgia ICE Facility****On November 16, the
Senate Permanent Subcommittee on Investigations released
<[link removed]>
the results of an 18-month investigation that revealed that the Irwin
County Detention Center (ICDC) in Georgia "performed unnecessary and
unwanted medical procedures on women in custody." The investigation was
launched after a nurse from the detention center came forward as a
whistleblower to denounce
<[link removed]> the
facility's gynecologist for performing unnecessary hysterectomies and
other "excessive, invasive and often unnecessary gynecological
procedures."The report further detailed
<[link removed]>
that the women felt "confused, afraid, and violated after their
treatments", and that they were still in physical and emotional pain.
The report also found
<[link removed]>
that Immigration and Customs Enforcement (ICE) has no policies
concerning immigrants' consent for medical procedures.

****Secretary Mayorkas Testifies Before House Homeland Security
Committee****On November 15, Secretary of Homeland Security Alejandro
Mayorkas testified
<[link removed]>
before the House Homeland Security Committee, where he addressed a range
of global and national challenges, including migration. During the
hearing, Secretary Mayorkas faced criticism from Republican lawmakers
concerning the Department's handling of the U.S.-Mexico border and the
increasing number of migrant encounters between ports of entry during
the Biden Administration. The hearing was held a few weeks after CBP
revealed that in Fiscal Year 2022, the total migrant border encounters
reached
<[link removed]> a
record 2.4 million encounters. This total does not represent a record
number of overall border crossers, as CBP has improved significantly
<[link removed]> in
recent years at apprehending those who attempt to cross the border
without detection.Secretary Mayorkas recognized
<[link removed]>
the challenges posed by regional migration. However, he stressed that
"the challenge that is not specific or exclusive to our southern border.
This is a challenge that exists throughout the hemisphere."

On November 22, during a press conference at El Paso, Texas, House
Republican Leader Kevin McCarthy (R-California) suggested
<[link removed]>
his party might pursue the impeachment of Secreary Mayorkas if he does
not resign from his position.

** **

****Legal****

****District Court Orders Biden Administration to Lift Title 42****On
November 15, a U.S. District Court in D.C. ordered
<[link removed]>
the Biden administration to lift Title 42, 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. Over 1.8 million
<[link removed]>
people have been expelled under Title 42 since the pandemic began.The
ruling - which was subsequently stayed until December 21 - described
<[link removed]>
Title 42 as "arbitrary and capricious" and in violation of the
Administrative Procedures Act. The decision also highlighted that the
Centers for Disease Control and Prevention (CDC) failed to properly
explain the rationale for authorizing an unprecedented expulsion
authority. The ruling noted that CDC's authorization of Title 42 was an
"extraordinary decision to suspend the codified procedural and
substantive rights of noncitizens seeking safe harbor."

In reaction to the ruling and the stay until mid-December, the
Department of Homeland Security (DHS) emphasized
<[link removed]>
that "DHS will continue to process individuals in accordance with the
CDC's Title 42 public health order and expel single adults and family
units encountered at the Southwest Border." In addition, on November 17,
Secretary of Homeland Security Alejandro Majorkas said
<[link removed]>
during a Senate Committee Hearing that the Department would look into
existing alternative authorities to block Venezuelans from entering the
country at the border.

The ruling stems from a lawsuit
<[link removed]>
- spearheaded by ACLU - against the Trump administration in 2020
over Title 42 expulsions. After hitting an impasse in negotiations with
the Biden administration, the plaintiffs went back to court in July 2021
to seek an immediate termination of the policy.

****State & Local****

****Arizona Votes in Favor of Measure that Restores In-State Tuition for
Dreamers****On November 8, Arizona voters narrowly passed
<[link removed]>
Proposition 308, which allows in-state tuition at Arizona public
colleges and universities to students who graduated from an Arizona
public high school, regardless of immigration status. Proposition 308
- which passed
<[link removed]> with a
51.3% majority - reversed a 2006 measure that prohibited undocumented
students from accessing in-state tuition rates and state-funded
financial aid. Immigration advocacy groups celebrated
<[link removed]>
the ballot result as a victory for Arizona's Dreamers and called on
Congress to pass a permanent, legislative solution to protect Dreamers
nationwide.Before the proposition passed, Arizona was one of three
states - including Georgia and Indiana - that blocked
<[link removed]>
undocumented students' access to in-state tuition.

****Nominations and Personnel****

****CBP Commissioner Chris Magnus Resigns Under Pressure****On November
12, Customs and Border Protection (CBP) Commissioner Chris Magnus
resigned
<[link removed]>
after Biden administration officials asked him to step down from his
role. Commissioner Magnus was asked to resign less than a year after
taking the role, as he was confirmed
<[link removed]>
by the Senate as CBP Commissioner on December 7, 2021. Among other
duties, he was in charge of protecting U.S. borders and processing
arriving migrants and asylum seekers.Magnus had a 41-year career
<[link removed]>
in public safety prior to serving as CBP Commissioner, including most
recently serving as Chief of Police in Tucson, Arizona. He made
reforming the culture within Border Patrol a chief priority during his
tenure in charge of the agency.

In his resignation letter
<[link removed]>,
Magnus thanked President Biden for the "tremendous opportunity" to serve
in his administration. In response, President Biden issued a statement
accepting
<[link removed]>
Magnus' resignation and thanking him for his service at CBP. Secretary
of Homeland Security Alejandro Mayorkas also thanked Magnus for his
service and appointed
<[link removed]>
Troy Miller -  a career CBP official who served in the job before
Magnus's confirmation -  as acting CBP Commissioner.

****Former Senator Chris Dodd Appointed as Special Presidential Advisor
for the Americas to Advance Commitments Adopted During Summit of the
Americas****On November 18, former Senator Chris Dodd was appointed
<[link removed]>
as Special Presidential Advisor for the Americas to help the Biden
administration advance the implementation of key initiatives announced
in June 2022 at the Summit of the Americas in Los Angeles. The Summit of
the Americas resulted in a unanimous, multilateral migration management
agreement titled the Los Angeles Declaration on Migration and Protection
<[link removed]>.
The Declaration is organized around four pillars: (1) stability and
assistance for communities; (2) expansion of legal pathways; (3) humane
migration management; and (4) coordinated emergency response.Among
the commitments
<[link removed]> reached
during the Summit, the Biden administration promised to resettle 20,000
refugees from the Americas during Fiscal Years 2023 to 2024. The U.S.
also pledged more than $314 million in new funding for humanitarian and
development assistance for refugees and vulnerable migrants across the
hemisphere. The Biden administration also announced the launch of a $65
million U.S. Department of Agriculture (USDA) pilot program to support
U.S. farmers hiring agricultural workers under the H-2A temporary work
visa program.

**GOVERNMENT REPORTS**

**U.S. Government Accountability Office (GAO);****Southwest Border:
Border Patrol's Missing Migrant Program**
<[link removed]>

**; November 15, 2022**This GAO report reveals that Border Patrol's
migrant death data is incomplete. The report also highlights that Border
Patrol needs to develop a plan to effectively evaluate the Missing
Migrant Program, designed to rescue migrants in distress and reduce
migrant deaths along the southwest border. The report recognizes that
while the Border Patrol has made improvements collecting and reporting
data, the agency still needs to ensure that all sectors are collecting
and recording available information uniformly.

**U.S. Government Accountability Office (GAO);** **China: Efforts
Underway to Address Technology Transfer Risk at U.S. Universities, but
ICE Could Improve Related Data**
<[link removed]>

**; November 15, 2022**This GAO report reveals that a third of foreign
graduate students studying STEM at U.S. universities are Chinese
nationals-some with access to sensitive research. It also highlights
that U.S. agencies have identified several factors indicating the types
of students-such as being from a country of concern like China-who
may pose a greater risk of transferring technology to foreign entities.
The report notes that Immigration and Customs Enforcement (ICE) keeps a
database related to these factors but hasn't assessed if it needs
updating to capture additional data related to these risks.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES****42 Border
Solutions That Aren't Title 42**
<[link removed]>This
resource provides 42 sustainable, effective border solutions that are
not Title 42. The 42 solutions are broken up into three categories -
border processes, root causes, and border security.**Explainer:
Venezuela Parole Program and Title 42 Expansion**
<[link removed]>This
explainer describes the elements, policies, likely impact, and some
concerns surrounding the Venezuela Parole Program and Title 42 expansion
to Venezuelans.**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.* * *

*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]
<[email protected]>. Thank you.

 

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