Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday,
December 23, 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, December 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**

H.R. 2617
<[link removed]>

**2023 Omnibus Spending Bill**

The bill allocates 1.7 trillion dollars for federal government spending
through September 2023. Among its various provisions, the bill would
provide funding increases to address increasing migration at the
southwest border, including a $1.8 billion increase for Customs and
Border Protection (CBP) and $800 million for shelters and nonprofits at
the border working to welcome and process asylum seekers.

Sponsored by Representative Gerald Connolly (D-Virginia) (2
<[link removed]>
cosponsors- 1 Republican, 1 Democrat)

04/16/2021 Introduced in the House by Representative Connolly

12/20/2022 Passed the House of Representatives after a 70-25 vote
<[link removed]>.

12/22/2022 Passed the Senate after a 68-29 vote
<[link removed]>.

H.R. 9550
<[link removed]>

**Taking Action to Prevent Suicide (TAPS) Act**

The bill would establish an anti-suicide task force to assess the
underlying factors leading to high suicide rates at U.S. Customs and
Border Protection (CBP).

Sponsored by Representative Tony Gonzales (R-Texas) (5
<[link removed]>
cosponsors- 3 Democrats, 2 Republicans)

12/14/2022 Introduced in the House by Representative Gonzales

12/14/2022 Referred to the House Committee on Homeland Security

H.R. 9575
<[link removed]>

**No Taxpayer Funds for Illegal Alien Abortions Act**

The bill would prohibit any employee or contractor of ICE or the
Department of Health and Human Services from transporting foreign
nationals across State lines for the purpose of procuring an abortion.

Sponsored by Representative Lauren Boebert (R-Colorado) (14
<[link removed]>
cosponsors- 14 Republicans, 0 Democrats)

12/15/2022 Introduced in the House by Representative Boebert

12/15/2022 Referred to the House Committees on Energy and Commerce, and
the Judiciary

H.R. 9630
<[link removed]>

**To amend the Immigration and Nationality Act to expand availability of
H-1B nonimmgrant visa**

Sponsored by Representative Raja Krishnamoorthi (D-Illinois) (0
<[link removed]>
cosponsors)

12/20/2022 Introduced in the House by Representative Krishnamoorthi

12/20/2022 Referred to the House Committees on Education and Labor, and
the Judiciary

H.R. 9646
<[link removed]>

**To preserve expiring employment-based visas, and make them available
for issuance during fiscal year 2023**

Sponsored by Representative Larry Bucshon (R-Indiana) (1
<[link removed]>
cosponsor- 1 Democrat, 0 Republicans )

12/21/2022 Introduced in the House by Representative Bucshon

12/21/2022 Referred to the House Committee on the Judiciary

S. 5261
<[link removed]>

**Continued Presence Improvement Act**

The bill would protect certain victims of human trafficking by expanding
the authority of the Secretary of Homeland Security to grant immigrants
continued presence in the United States. Continued Presence is a
temporary immigration status provided to individuals identified by law
enforcement as victims of human trafficking. CP provides victims with a
legal means to temporarily live and work in the United States before
they can apply for more permanent relief.

Sponsored by Senator Benjamin Cardin (D-Maryland) (0
<[link removed]>
cosponsors)

12/14/2022 Introduced in the Senate by Senator Cardin

12/14/2022 Referred to the Senate Committee on the Judiciary

S. 5301
<[link removed]>

**Immigration Parole Reform Act of 2022**

The bill would clarify that parole may not be granted according to
criteria that describe entire categories of potential parolees. It would
also define what qualifies as an 'urgent humanitarian reason' or
'significant public benefit.' The bill would also provide clarity on
the timing and extension of immigration parole.

Sponsored by Senator Chuck Grassley (R-Iowa) (0
<[link removed]>
cosponsors)

12/19/2022 Introduced in the Senate by Senator Grassley

12/19/2022 Referred to the Senate Committee on the Judiciary

S. 5330
<[link removed]>

**Stateless Protection Act**

The bill would establish a new stateless protected status (SPS) for
individuals who are stateless. SPS would provide permanent residency and
a pathway to citizenship for stateless individuals residing in the
United States. This is a companion bill of H.R. 9671
<[link removed]>.

Sponsored by Senator Benjamin Cardin (D-Maryland) (0
<[link removed]>
cosponsors)

12/21/2022 Introduced in the Senate by Senator Cardin

12/21/2022 Referred to the Senate Committee on the Judiciary

S. 5353
<[link removed]>

**A bill to provide for the admission and protection of refugees, asylum
seekers, and other vulnerable individuals, to provide for the processing
of refugees and asylum seekers in the Western Hemisphere, and to modify
certain special immigrant visa programs**

Sponsored by Senator Patrick Leahy (D-Vermont) (0
<[link removed]>
cosponsors)

12/21/2022 Introduced in the Senate by Senator Leahy

12/21/2022 Referred to the Senate Committee on the Judiciary

**LEGISLATIVE FLOOR CALENDAR**

The U.S. Senate and the U.S. House of Representatives will not be in
session until the start of the new Congress on January 3, 2023.

**UPCOMING HEARINGS AND MARKUPS**

There are no immigration-related hearings scheduled for next week.

**THEMES IN WASHINGTON THIS WEEK**Federal

****Government Spending Bill Fails to Include Protections for Dreamers,
Afghan Evacuees, Others****On December 23, the Senate wrapped up the
117th Congress by passing
<[link removed]>
a $1.7 trillion omnibus spending package that would fund the federal
government through September 2023. Despite broad support from faith
leaders, businesses, veterans, and the American people, immigration
protections for Dreamers, Afghan evacuees, and farmworkers were not
included in the final spending package
<[link removed]>.

A bipartisan framework designed by Senators Thom Tillis (R-North
Carolina) and Kyrsten Sinema (I-Arizona) to provide an earned pathway to
status for 2.3 million Dreamers and secure the Southwest border
reportedly
<[link removed]>
failed to gain enough support to pass in the final weeks of the
legislative session. An agriculture-based immigration reform bill -
which had previously passed the House with bipartisan support
<[link removed]> and
received the endorsement
<[link removed]>
of farmers and farmworker groups - was introduced but also lacked
traction to be included in the spending package.

Needed traction and support did seem to exist for a third bipartisan
compromise that was ultimately left out of the spending bill, the Afghan
Adjustment Act. The bill aims to provide a path to permanent status for
Afghan evacuees while ensuring those who access the pathway go through a
rigorous vetting and screening process. Four additional cosponsors  -
Senators Jerry Moran (R-Kansas), Jeanne Shaheen (D-New Hampshire), Roger
Wicker (R-Mississippi), and Richard Blumenthal (D-Connecticut) -
joined the effort the week of December 12. On December 17, a group of 22
retired top military officials sent a letter
<[link removed]>
urging Congress to pass the bill. Despite a group of bipartisan senators
filing the bill as an amendment to the omnibus on December 21, and vocal
support
<[link removed]>
on the Senate Floor from Senators Lindsey Graham (R-South Carolina),
Moran, and others, the legislation never received a vote.

The bill did include significant increases in funding for various
agencies involved in responding to increases in migration at the
Southwest border, including
<[link removed]> a $1.8
billion increase in Customs and Border Protection (CBP) funding from FY
2022 levels and $800 million dollars for shelters and nonprofits working
to welcome asylum seekers at the border and elsewhere. The passage of
the bill was temporarily delayed
<[link removed]>
by an amendment led by Senator Lee (R-Utah) to codify Title 42, a
pandemic-era authority that has been used to rapidly expel arriving
migrants without providing them the opportunity to seek asylum under
U.S. law. The amendment ultimately failed by a vote of 47-50.

****Biden Administration's Public Charge Final Rule Goes into
Effect****On December 23, the Department of Homeland Security's (DHS)
Public Charge Ground of Inadmissibility final rule
<[link removed]>
went into effect
<[link removed]>.
The final rule, issued on September 8, restores the 20-year-old meaning
of "public charge" in the context of adjudicating eligibility for visas
and green cards. This rule fully unravels the Trump administration's
prior attempt to increase noncitizen ineligibility for certain visas and
green cards.

The Immigration and Nationality Act provides
<[link removed]> that a noncitizen
who primarily depends on the U.S. government for subsistence may be
deemed a public charge and denied a green card or admission to the
U.S. Since 1999
<[link removed]>,
non-cash assistance like Medicaid or food stamps was not considered when
making public charge inadmissibility determinations. But in 2019, the
Trump administration enacted a controversial rule increasing the list of
benefits, including non-cash assistance, that could be considered when
adjudicating inadmissibility. As a result, some noncitizens and
mixed-status families did not take advantage
<[link removed]> of
certain benefits they were entitled to for fear of immigration
consequences. This rule was vacated
<[link removed]> in
2020.

DHS's new rule codifies the pre-2019 criteria
for public charge determinations, limiting the number
of public benefits that can weigh against green card and certain visa
applications.

****Biden Administration Commemorates International Migrants Day****On
December 18 - in commemoration of International Migrants Day
<[link removed]> - the Biden
administration recognized
<[link removed]> the contributions of
individual migrants, as well as their rights and struggles. In a press
release <[link removed]>, the
Department of State highlighted that people migrate for work or
education, to reunite with families, and to seek new opportunities for
themselves as well as their families. The press release noted that some
migrate temporarily and return to their home countries, while others
stay in foreign countries. The administration pointed out that migration
also happens in the context of forced displacement and noted that some
100 million people have been forcibly displaced worldwide. In addition,
the administration pointed out that climate change and natural disasters
have led to 23.7 million internal displacements in 2021.

****Legal****

****US Supreme Court Delays Termination of Title 42****On December 19,
the U.S. Supreme Court issued a temporary order
<[link removed]>
that delayed the termination of Title 42, initially scheduled for
December 21. 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.
Over 2.4 million
<[link removed]> people
have been expelled under Title 42 since the pandemic began.

On December 20, in response to the Supreme Court order, the Biden
administration asked
<[link removed]>
the court to delay the ending of Title 42 until at least December 27,
citing ongoing preparations for an increase in arriving migrants and the
upcoming holiday weekend.

The case, Huisha-Huisha v. Mayorkas
<[link removed]>, stems from a
lawsuit spearheaded by the 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. On November 15, a
U.S. District Court in D.C. ordered
<[link removed]> the
Biden administration to lift Title 42 because it found it "arbitrary
and capricious."

On December 12, nineteen Republican-led filed
<[link removed]>
a request to the U.S. Court of Appeals for the District of Columbia
Circuit to suspend the lower court order terminating the policy. The
D.C. Circuit court rejected the appeal on procedural grounds, and the
states appealed to the Supreme Court. The Biden administration and the
ACLU have both filed responses
<[link removed]>
arguing against the states' intervention, and the Supreme Court is
expected to make a decision on the states' appeal in the final days of
2022 or early in January 2023.

****Supreme Court to Consider Constitutionality of Prohibition on
Encouraging Undocumented Immigration****On December 9, the U.S. Supreme
Court granted certiorari
<[link removed]>
to the Biden administration's petition to revive a federal law that
makes it a criminal offense to encourage illegal immigration. The case,
United States v. Hansen
<[link removed]>,
stems from a Ninth Circuit Court of Appeals ruling that invalidated the
law, finding that it violated the First Amendment because it
criminalizes constitutionally protected free speech. The Ninth Circuit's
ruling threw out part of the conviction
<[link removed]>
of a California man, Helaman Hansen, who had been prosecuted due to an
allegation that he had unlawfully induced and encouraged immigrants to
migrate to the U.S. illegally and overstay their visas.

****State & Local****

****Texas Governor Abbott Deploys 500 National Guard Troops Along Rio
Grande to Physically Stop Migrants****On December 20, several
<[link removed]>
sources
<[link removed]>
reported the presence of over 500 Texas National Guard Troops along the
banks of the Rio Grande attempting to use concertina wire to block  the
path of migrants attempting to reach El Paso, Texas. Immigration policy
and border security are the responsibility of federal enforcement
agencies, and while it has not been unusual for state governors to
deploy National Guard troops to the border, their authority is generally
limited to assisting in infrastructure projects or notifying Customs and
Border Protection (CBP) of border crossings between ports of entry.

Legal experts have raised questions
<[link removed]>
about the use of the National Guard troops to physically stop migrants
from crossing the border. A representative for the American Civil
Liberties Union (ACLU) said
<[link removed]>
that "what Texas is doing by preventing people from seeking asylum is
patently unlawful and should stop immediately."

On December 22, Governor Gregg Abbott reported
<[link removed]>
that the deployment of the National Guard was part of Operation Lone
Star. 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.
Since its inception, OLS has run into multiple legal
<[link removed]> challenges
as border management and enforcement fall within the jurisdiction and
responsibility of the Federal government. According to a Texas
Tribune report
<[link removed]>,
OLS so far has cost more than $4 billion.

****Arizona Governor Ducey Agrees to Remove Shipping Containers on
US-Mexico Border****On December 21, Arizona Governor Doug Ducey
(R-Arizona) notified
<[link removed]>
a U.S. District Court that his government would remove all the
double-stacked shipping containers placed along parts of the U.S.-Mexico
border by January 4, 2023. The announcement
<[link removed]>
came seven days after the U.S. Government filed
<[link removed]>
a lawsuit against Ducey's administration on behalf of the Bureau of
Reclamation, the Department of Agriculture and the Forest Service. In
the lawsuit, the federal government argued
<[link removed]>
that the unauthorized placement of the 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.

Governor Ducey's project
<[link removed]>,
which had an initial cost of $13 million, began in August this year when
he issued an executive order instructing the state's Department of
Emergency and Military Affairs to fill in gaps along the border with
shipping containers. The order was issued without official permits or
authorization. The second phase of the project was expected to have a
cost of $95 million dollars
<[link removed]>.

**GOVERNMENT REPORTS**

**Congressional Research Service (CRS);****U.S. Border Patrol
Apprehensions and Title 42 Expulsions at the Southwest Border: Fact
Sheet** <[link removed]>

**; December 19, 2022**This CRS report provides an overview of U.S.
Border Patrol (USBP) apprehensions and Title 42 expulsions in FY 2022.
The report highlights that USBP apprehended more than 2.2 million
foreign nationals crossing into the United States between ports of
entry, the largest number in its history. The report notes that the
apprehended migrants were either placed into removal proceedings under
Title 8 or expelled from the United States under Title 42.

**Department of Homeland Security - Office of Inspector General
(DHS-OIG);****El Centro and San Diego Facilities Generally Met CBP's
TEDS Standards but Struggled with Prolonged Detention and Data
Integrity**
<[link removed]>

**; December 20, 2022**This DHS-OIG report highlights that after
conducting an unannounced inspection at four U.S. Customs and Border
Protection (CBP) facilities in the El Centro and San Diego areas of
California, the facilities showed instances of prolonged detention for
migrants and overcrowding. The report notes that the facilities
inspected generally met standards related to providing drinking water,
snacks, meals, and supplies, but CBP's compliance with standards for
access to showers, handling of personal property, and access to
interpretation services was inconsistent.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES****Alternative
Pathways for Arrivals at the Border**
<[link removed]>The
paper seeks to put the challenges we face at the southwest border in the
broader context of growing displacement in the hemisphere, describing
how many come to the border because there is no other real alternative
- no "right way" to come.

**Journey to the U.S. Southern Border**
<[link removed]>This
interactive resource will allow you to experience a virtual journey
where you'll face the challenges a migrant family could encounter when
making the journey to the U.S. - and consider what choices you would
make.

**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.

* * *

*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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