Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday,
January 6, 2023, is now posted. We apologize for the delay caused by
technical problems with the server.

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

All the best,

Arturo 

**LEGISLATIVE BULLETIN - Friday, January 6, 2023**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 this week.

**LEGISLATIVE FLOOR CALENDAR**

The U.S. Senate will be in session on Monday, January 9, Tuesday,
January 10, and Friday, January 13, 2023.

The U.S. House of Representatives will be in session from Monday,
January 9, through Thursday, January 12, 2023.

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

**THEMES IN WASHINGTON THIS WEEK**

****Federal****

****Biden Administration Announces Expansion of Parole Programs and
Border Enforcement Actions****On January 5, President Biden announced
<[link removed]>
measures to expand legal migration pathways, increase the use of
fast-track removal mechanisms, surge resources and personnel to help
manage the border, and tackle the root causes of irregular migration.
Among the policies announced, the Biden administration expanded the
recently-launched
<[link removed]>
Venezuela parole program
<[link removed]>
to Nicaraguans, Haitians, and Cubans. The program will now allow
<[link removed]>
up to 30,000 individuals per month from these four countries to apply to
come to the United States under parole.

Under the new parole program
<[link removed]>,
any individual with lawful status in the U.S. will be able to serve as a
sponsor for nationals of these countries as long as they file
declarations of financial support for prospective beneficiaries and pass
required background checks. In order to be eligible for the parole
program, both parties - parolees and sponsors - must pass screening
and background checks. The parole status 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 administration announced that those who travel
unlawfully into Panama, Mexico, or the U.S. after the announcement of
the program will not be eligible.

In conjunction with the launch of the parole program, the Biden
administration also expanded
<[link removed]>
Title 42 expulsions to Nicaraguan, Haitian, and Cuban nationals who
arrive at the border. Title 42 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 announcement, asylum seekers from these countries 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 returns of nationals from countries in the program. That,
along with a proposed transit ban against those traveling through third
countries, raised significant objections from advocates and a number of
Democratic lawmakers
<[link removed]>.

In addition, the administration reiterated its commitment
<[link removed]>
to resettle 20,000 refugees from Latin America and the Caribbean during
Fiscal Years (FY) 2023 and 2024. However, with just 351 total refugees
resettled from the region in the first two months of FY 2023, the U.S.
is on track to resettle fewer than 10,000 total from the region over the
next two years - less than half of the administration's commitment.

Moreover, the administration announced
<[link removed]>
an additional $23 million dollars for humanitarian assistance in Mexico
and Central America. According to the administration, the funds aim to
tackle the root causes of irregular migration by investing in shelters,
health, legal assistance, mental health, psychosocial support, water,
sanitation, hygiene products, gender-based violence response,
livelihoods, and other protection-related activities.

Among the other measures presented to prevent and deter border
crossings, the administration announced
<[link removed]>
that it would increasingly utilize expedited removal proceedings for
individuals who attempt to enter the United States without permission,
do not have a legal basis to remain, and cannot be expelled pursuant to
Title 42. It also announced new efforts to combat human smuggling and
smuggler misinformation, as well as additional coordination and
resources for border cities, receiving communities, and non-governmental
organizations.

****Biden Administration Issues Proposed Rule to Increase USCIS
Fees****On January 3, U.S. Citizenship and Immigration Services (USCIS)
published
<[link removed]>
a Notice of Proposed Rulemaking (NPRM) to adjust multiple immigration
and naturalization benefit request fees. Among the most notable
provisions of the proposed rule
<[link removed]>
- which is open for comments until March 6 - the agency would raise
the application fee for naturalization by a modest 5% (from $720 to
$760, including the biometric services fee) and proposed to preserve
existing fee waivers.

However, the new proposed rule provides for significant increases in
many work visa categories. For example, employers hiring high-skilled
foreign nationals would pay
<[link removed]>
41% more for beneficiaries on H-1B petitions (from $460 to $780), 66%
more for employees on L-1 petitions (from $460 to $1,385), and 56% more
for individuals on O-1 petitions (from $460 to $1,055.)

The proposed increased fees are part of the agency's requirement
<[link removed]>
to review its fee structure every two years. Notably, USCIS receives
roughly 96% of its funding from filing fees, and hasn't introduced new
fees since 2016. According to USCIS Director Ur Jaddou, the new fees
would allow
<[link removed]>
the agency to "improve customer service operations and manage the
incoming workload."

****Border Encounters in November Remained High and Continued to
Increase for Fifth Consecutive Month****On December 23, U.S. Customs and
Border Protection (CBP) reported
<[link removed]>
that the agency encountered 233,740  migrants at the southwest border
in November. This marks a slight 1.3% increase above October's total of
230,678 encounters. The November increase represents the fifth
consecutive month of increasing encounters. While the monthly increase
was minimal, November's numbers represent a 24% increase from the same
month last year (178,845) and an increase of almost 90% from November
2020 (71,929).

The high number of encounters in November was driven by single adults,
who represented 68% of the total encounters, followed by 26% of family
units, and around 5% of unaccompanied minors. About 30% (78,834) of
border arrivals
<[link removed]>
were immediately expelled under Title 42.

**Biden Administration Extends and Redesignates Haiti for Temporary
Protected Status (TPS)**

On December 30, the Biden Administration announced
<[link removed]> the
extension and redesignation of Yemen for Temporary Protected Status
(TPS). The 18-month extension - effective March 4, 2023 - will allow
over 1,700 Yemeni TPS holders to retain their status through September
3, 2024. It also extends the protection to Yemeni nationals residing
in the United States as of December 29, 2022.

In the announcement, Department of Homeland Security (DHS) Secretary
Alejandro Mayorkas said
<[link removed]> that
the renewal of TPS for Yemen was appropriate in light of the difficult
conditions in the country, including socioeconomic challenges and
political instability that flow from the roughly eight years of civil
war in the country.

TPS
<[link removed]> is
granted by DHS to eligible foreign-born individuals who are unable to
return home safely due to violence or other circumstances in their home
country.

****Biden Administration Resumes Immigrant Visa Services in Cuba for
First Time Since 2017****On January 4, the U.S. Embassy in Cuba resumed
<[link removed]>
immigrant visa processing and consular services for the first time since
2017. Since the embassy's closure in 2017, obtaining a visa in Cuba had
been an expensive and nearly impossible process that forced many to seek
irregular methods of entry to the United States. In FY 2022, over
220,000
<[link removed]>
Cubans were encountered at the U.S. border with Mexico, far more than
the previous record for Cuban encounters.

In addition, the resumption of operations will allow the Biden
administration to fully reinstate the Cuban Family Reunification Program
(CFRP
<[link removed]>),
as announced
<[link removed]>
on May 16, 2022. Initially created in 2007, the CFRP allows certain
eligible U.S. citizens and lawful permanent residents (LPRs) to apply
for parole for their family members in Cuba. If granted parole, these
family members may come to the United States without waiting for their
immigrant visas to become available. Once in the United States, CFRP
beneficiaries may apply for work authorization while waiting for lawful
permanent resident status.

The resumption of operations comes at a critical time for Cuban
migration, as the country is currently facing one of its worst
economic crises
<[link removed]> in
the last 30 years and is still recovering from the damage of Hurricane
Ian. It will allow for higher efficiency and expanded coverage for the
significantly increased number of Cubans seeking resettlement.
Additionally, it reinforces the U.S.'s longstanding commitment to
legally receive a minimum of 20,000
<[link removed]> Cubans
per year.

****President Biden Will Meet with Canadian and Mexican Leaders to
Discuss Labor Mobility****On January 10, President Biden will meet with
<[link removed]>
Canadian Prime Minister Justin Trudeau and Mexican President Andrés
Manuel López Obrador in Mexico City for the Tenth North American
Leaders' Summit. The summit, which seeks to foster regional economic
integration and development, will provide an opportunity for the leaders
to discuss various trilateral priorities
<[link removed]>,
including labor mobility, economic growth, and regional cooperation.

The summit will take place amid a severe labor shortage affecting the
United States - where there are nearly two job openings per unemployed
worker <[link removed]> - and
Canada - where the unemployment-to-job vacancy ratio is at a historic
low
<[link removed]>
of 1.4. On the other hand, Mexico has a considerable proportion
<[link removed]>
of its population willing to find labor opportunities abroad.
Accordingly, President López Obrador has consistently proposed
<[link removed]>
to enter into new multilateral labor agreements with the United States
and Canada to provide temporary work visas to Mexican and Central
American workers.

****Legal****

****U.S. Supreme Court Rules to Keep Title 42 in Place for Now****On
December 27, the U.S. Supreme Court voted 5-4
<[link removed]>
to allow Title 42 expulsions, set to end on December 21, to remain in
effect
<[link removed]>.
Over 2.4 million
<[link removed]>
people have been expelled under Title 42 since the pandemic began.

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, the pandemic-era health policy limiting the admission
of asylum seekers and others. 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
D.C.-based federal judge found
<[link removed]>
the use of Tile 42 to be "arbitrary and capricious" and unlawful and
gave the Biden administration until December 21 to end it.

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 intervene in the case 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 had both filed responses
<[link removed]> arguing
against the states' intervention. The Supreme Court will hear arguments
<[link removed]> on the
narrow issue of state intervention on March 1.

****State & Local****

****Texas Continues Controversial Migrant Busing Initiative; Additional
Arrivals Depart from Colorado****On the night of Christmas Eve, three
buses full of migrants from South Texas, dropped
<[link removed]>
around 130 men, women, and children outside the Naval Observatory -
Vice President Harris's residence in Washington, D.C. The migrants
lacked food and proper clothing to deal with the 18-degree weather after
a two-day journey, so groups of volunteers
<[link removed]>
had to step in and help them.

Since last April, Gov. Greg Abbott (R-Texas), has spearheaded the busing
of over 16,000 migrants to Washington, D.C. (9,000 people), New York
City (4,900 people), Chicago (1,500 people), and Philadelphia (600
people). ), The busing is part of  Texas' controversial Operation Lone
Star
<[link removed]>
(OLS), an immigration and border enforcement strategy Abbott launched in
March 2021 that utilizes state resources to deter arriving migrants.
According to a Texas Tribune report, OLS has cost more than $4 billion
<[link removed]>
so far.

Notably, Colorado - a Democratic-governed state, has started efforts
to transport migrants outside the state. On January 3, Gov. Jared Polis
(D-Colorado) announced
<[link removed]>
a program in partnership with the City of Denver and local nonprofits.
This initiative, provides intake, processing, and transportation
coordination to facilitate the voluntary transit of migrants to final
destinations outside the state, including New York City. In his
statement, Polis said that about 70% of the migrants arriving in Denver
do not have Colorado as a final destination. Colorado earmarked $5
million
<[link removed]>
to assist migrants by helping them purchase bus tickets. In response,
New York Mayor Eric Adams criticized the Colorado initiative, arguing
<[link removed]>
that New York City is already struggling to deal with the influx of
people sent from Texas.

**GOVERNMENT REPORTS**

**Department of Homeland Security (DHS);****2022 Year in Review: DHS
Responded to Wide-Ranging Threats and Challenges, Built Capacity for the
Future**
<[link removed]>

**; December 29, 2022**This report provides an overview of the main
actions that DHS conducted in 2022. Among the most relevant
immigration-related actions, the report highlights that DHS launched a
$60 million campaign to disrupt and dismantle human smuggling networks
that led to the arrests of over 6,400 smugglers and the disruption of
over 6,700 smuggling operations. It also highlights that DHS added over
3,000 processing personnel to the Southwest border, helping return
Border Patrol Agents to the field.

**U.S. Immigration and Customs Enforcement (ICE);****ICE Annual Report:
Fiscal Year 2022**
<[link removed]>

**; December 30, 2022**This report provides an overview of the main
actions that ICE conducted in 2022. The report highlights that the
agency carried out 142,750 immigration arrests and 72,177 deportations,
increases of 93% and 22%, respectively, compared to the previous fiscal
year. The report also notes that more than 96,000, or 67%, of the
arrests ICE carried out in fiscal year 2022 involved immigrants without
criminal convictions or charges, compared to 39% in 2021. It also
highlights that nearly 44,000, or 61%, of the migrants deported in
fiscal year 2022 were initially processed by U.S. border officials.

**Congressional Research Service (CRS);****Department of Homeland
Security Appropriations: FY2023 State of Play**
<[link removed]>

**; December 19, 2022**This report is a quick reference for tracking the
status of DHS appropriations from the end of the August 2022
congressional district work period until the resolution of the annual
appropriations measure.

**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.

Remaking USCIS: Supplementing a Fee-Funded Agency
<[link removed]>This
resource describes mounting backlogs and budget shortfalls at U.S.
Citizenship and Immigration Services (USCIS), describes the impact of
recent legislation designed to better fund USCIS, and concludes that
additional appropriations will be necessary for USCIS to achieve its
mission.

Bilateral Labor Agreements: A Beneficial Tool to Expand Pathways to
Lawful Work
<[link removed]>This
paper explores the rationale, benefits, and history of bilateral labor
agreements (BLAs) in the United States, including the recent labor
mobility discussions with the Mexican government. It also highlights how
these agreements can benefit the U.S., as they provide U.S. policymakers
more control over the size of the temporary migrant workforce, while
prioritizing needed skills and experience. It argues that BLAs are
useful in addressing U.S. labor shortages, help manage the irregular
migration flow at the U.S. southern border, and reaffirm the United
States' hemispheric leadership.

* * *

*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 [email protected].
Thank you.

 

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