Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday,
January 13, 2023, is now posted.

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

All the best,

Arturo 

**LEGISLATIVE BULLETIN - Friday, January 13, 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**

H.R. 28
<[link removed]>

**Illegal Alien NICS Alert Act**

The bill would require the National Instant Criminal Background Check
system (NICS) to notify U.S. Immigration and Customs Enforcement (ICE)
and relevant local law enforcement when a firearm transferee is an
undocumented person.

Sponsored by Representative Gregory Steube (R-Florida) (2
<[link removed]>
cosponsors- 2 Republicans, 0 Democrats)

01/09/2023 Introduced in the House by Representative Steube

01/09/2023 Referred to the House Committee on the Judiciary

H.R. 29
<[link removed]>

**Border Safety and Security Act of 2023**

The bill would grant discretionary authority to the Department of
Homeland Security (DHS) to suspend the entry of foreign nationals to the
United States at ports of entry whenever DHS deems necessary that such
measure would help to achieve operational control over the border. The
bill would further mandate the suspension of the entry of foreign
nationals at ports of entry if certain conditions are not met.

Sponsored by Representative Chip Roy (R-Texas) (26
<[link removed]>
cosponsors- 26 Republicans, 0 Democrats)

01/09/2023 Introduced in the House by Representative Roy

01/09/2023 Referred to the House Committees on Homeland Security and the
Judiciary

H.R. 47
<[link removed]>

**Victims Of Immigration Crime Engagement Restoration Act**

The bill would require the Department of Homeland Security (DHS) to
create within Immigration and Customs Enforcement (ICE) an office to
support victims of crimes committed by immigrants called the Victims of
Immigration Crime Engagement Office.

Sponsored by Representative Jack Bergman (R-Michigan) (4
<[link removed]>
cosponsors- 4 Republicans, 0 Democrats)

01/09/2023 Introduced in the House by Representative Bergman

01/09/2023 Referred to the House Committee on the Judiciary

H.R. 63
<[link removed]>

**To amend the Immigration and Nationality Act to establish certain
family separation as an exceptional and extremely unusual hardship**

Sponsored by Representative Sheila Jackson Lee (D-Texas) (0
<[link removed]>
cosponsors)

01/09/2023 Introduced in the House by Representative Jackson Lee

01/09/2023 Referred to the House Committee on the Judiciary

H.R. 85
<[link removed]>

**To amend title 28, United States Code, to provide that the United
States district court for the District of Columbia shall have exclusive
jurisdiction over actions arising under the immigration laws**

Sponsored by Representative Andy Biggs (R-Arizona) (0
<[link removed]>
cosponsors)

01/09/2023 Introduced in the House by Representative Biggs

01/09/2023 Referred to the House Committee on the Judiciary

H.R. 86
<[link removed]>

**To amend the Immigration and Nationality Act with respect to the
parole or release of an asylum applicant**

Sponsored by Representative Andy Biggs (R-Arizona) (0
<[link removed]>
cosponsors)

01/09/2023 Introduced in the House by Representative Biggs

01/09/2023 Referred to the House Committee on the Judiciary

H.R. 87
<[link removed]>

**To require the Secretary of Homeland Security to detain any alien who
is unlawfully present in the United States and is arrested for certain
criminal offenses**

Sponsored by Representative Andy Biggs (R-Arizona) (0
<[link removed]>
cosponsors)

01/09/2023 Introduced in the House by Representative Biggs

01/09/2023 Referred to the House Committee on the Judiciary

H.R. 90
<[link removed]>

**Voter Integrity Protection Act**

The bill would make knowingly voting in a federal election by an
undocumented immigrant an aggravated felony. The bill would also make
knowingly voting in federal elections a deportable offense for
undocumented immigrants. To authorize the Secretary of Homeland Security
to suspend the entry of aliens.

Sponsored by Representative Andy Biggs (R-Arizona) (0
<[link removed]>
cosponsors)

01/09/2023 Introduced in the House by Representative Biggs

01/09/2023 Referred to the House Committee on the Judiciary

H.R. 92
<[link removed]>

**State Immigration Enforcement Act**

The bill would authorize states and localities to pass and enforce
immigration laws, including detention and deportation of foreign
nationals.

Sponsored by Representative Andy Biggs (R-Arizona) (0
<[link removed]>
cosponsors)

01/09/2023 Introduced in the House by Representative Biggs

01/09/2023 Referred to the House Committee on the Judiciary

H.R. 114
<[link removed]>

**To establish a separate account in the Treasury to hold deposits to be
used to secure the southern border of the United States**

Sponsored by Representative Andy Biggs (R-Arizona) (0
<[link removed]>
cosponsors)

01/09/2023 Introduced in the House by Representative Biggs

01/09/2023 Referred to the House Committees on Homeland Security, Ways
and Means, Foreign Affairs, Financial Services, Education and the
Workforce, Appropriations, and the Judiciary

H.R. 136
<[link removed]>

**Help Ensure Legal Detainers (HELD) Act**

The bill would deny all federal funding to any state or locality that
has a law, policy or procedure in place that prevents local law
enforcement from maintaining the custody of an illegal immigrant
pursuant to a U.S. Immigration and Customs Enforcement (ICE) detainer.

Sponsored by Representative Ken Calvert (R-California) (0
<[link removed]>
cosponsors)

01/09/2023 Introduced in the House by Representative Calvert

01/09/2023 Referred to the House Committee on the Judiciary

H.R. 164
<[link removed]>

**Close Biden's Open Border Act**

would freeze funding designated for the United Nations (U.N.) for two
years and redirect the money towards completion of the wall on our
Southern border.

Sponsored by Representative Bob Good (R-Virginia) (5
<[link removed]>
cosponsors- 5 Republicans, 0 Democrats)

01/09/2023 Introduced in the House by Representative Good

01/09/2023 Referred to the House Committees on Appropriations and
Foreign Affairs

H.R. 194
<[link removed]>

**Safeguards Ensuring Criminal and Unvetted Refugees don't Enter
(SECURE) America Act**

The bill would shift the authority from the Executive branch to Congress
to set the yearly refugee admission cap. The bill would also require
that Governors receive a 30-day notice from the administration before
refugees are set to be resettled in their state. The bill would also
establish additional vetting processes for all refugees seeking
admittance into the United States.

Sponsored by Representative Matthew Rosendale (R-Montana) (1
<[link removed]>
cosponsor- 1 Republican, 0 Democrats)

01/09/2023 Introduced in the House by Representative Rosendale

01/09/2023 Referred to the House Committee on the Judiciary

H.R. 199
<[link removed]>

**Secure America's Borders First Act**

The bill would prohibit the U.S. government from providing military and
security assistance to Ukraine until operational control of the United
States-Mexico border is achieved.

Sponsored by Representative Matthew Rosendale (R-Montana) (1
<[link removed]>
cosponsor- 1 Republican, 0 Democrats)

01/09/2023 Introduced in the House by Representative Rosendale

01/09/2023 Referred to the House Committees on Foreign Affairs and on
Armed Services

H.R. 213
<[link removed]>

**Break the Chain Act**

The bill would eliminate several family-based visa categories, including
F1 and F3 visas for the adult children of US citizens, as well as F4
visas for the siblings of U.S. citizens and F2B visas for the adult
children of green card holders.

Sponsored by Representative Gregory Steube (R-Florida) (0
<[link removed]>
cosponsors)

01/09/2023 Introduced in the House by Representative Steube

01/09/2023 Referred to the House Committee on the Judiciary

**LEGISLATIVE FLOOR CALENDAR**The U.S. Senate and the U.S. House of
Representatives will not be in session the week of Monday, January 16,
2023.

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

**THEMES IN WASHINGTON THIS WEEK**

****Federal****

****President Biden Travels to El Paso, TX, for First Border Visit
During His Presidency****On January 8, President Biden traveled
<[link removed]>
to El Paso, Texas, marking his first trip to a border city since taking
office. His visit started with a tour
<[link removed]>
of the Bridge of the Americas, one of the busiest ports of entry for
passenger vehicles at the U.S.-Mexico border. President Biden then
visited El Paso County Migrant Services Support Center, where he met
with local officials, faith leaders, and NGOs that provide services to
migrants released from federal custody. After the four-hour tour,
President Biden did not make any remarks
<[link removed]>.

The visit took place three days after the Biden administration announced
<[link removed]>
a new border plan that included 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.

The day after President Biden's visit to El Paso, on January 9, Senators
Kyrsten Sinema (I-Arizona) and John Cornyn (R-Texas) led
<[link removed]>
a bipartisan group of eight senators to El Paso, Texas, and Yuma,
Arizona, where they met with Border Patrol agents, local police
officers, and community leaders.

****GOP Representative Introduces Articles of Impeachment Against
Homeland Security Secretary Alejandro Mayorkas****On January 9,
Representative Pat Fallon (R-Texas) introduced
<[link removed]>
articles of impeachment against Homeland Security Secretary Alejandro
Mayorkas for his handling of the U.S.-Mexico border. The introduction of
the impeachment articles comes weeks after November 22 statements by
now-Speaker of the House Kevin McCarthy (R-California) threatening that
the new GOP House majority might pursue the impeachment of Secretary
Mayorkas if he did not resign from his position.

Critics of Secretary Mayorkas have centered their criticism on the
record 2.4 million border encounters
<[link removed]>
in Fiscal Year (FY) 2022, along with other criticisms
<[link removed]>
of his management of DHS.

Secretary Mayorkas, who has repeatedly stated that he will not resign
<[link removed]>,
testified before the House Homeland Security Committee on November 15,
2022. During his testimony
<[link removed]>,
Mayorkas recognized the challenges posed by regional migration. However,
he stressed that "the challenge is not specific or exclusive to our
southern border. This is a challenge that exists throughout the
hemisphere."

House Republican leadership has not yet commented
<[link removed]>
on whether the House will take further action on impeachment, which is a
lengthy process. The introduction of impeachment articles has faced
pushback, however, including from Rep. Tony Gonzales (R-Texas), whose
district lies along whose U.S.-Mexico border: "Impeachment is `in case
of emergency break glass... It shouldn't be a common thing. Not that
DHS Secretary Mayorkas hasn't made a lot of mistakes."

****North American Leaders' Summit Result in Commitments from the U.S.,
Canada, and Mexico to Manage Regional Migration****On January 10,
President Biden, Canadian Prime Minister Justin Trudeau, and Mexican
President Andrés Manuel López Obrador met in Mexico City
<[link removed]>
for the Tenth North American Leaders' Summit. The summit resulted in
several trilateral, nonbinding commitments on multiple fronts, including
regional migration, economic growth, climate change, and drug
trafficking prevention.

Among the most relevant migration-related commitments
<[link removed]>,
the three delegations agreed to continue expanding legal migration
pathways and other humane measures to address irregular migration in the
region. In addition, the three leaders committed to launch a virtual
platform to give migrants the information they need to travel to Mexico,
the United States, and Canada lawfully. The aim of the platform would be
to protect migrants from smugglers who lie about border restrictions in
place and put their lives at risk. The leaders also agreed to counter
xenophobia and discrimination against migrants and refugees, and to
promote their inclusion in the region.

****Biden Administration Extends and Redesignates Somalia for
Temporary Protected Status (TPS)****On January 12, the Biden
Administration announced
<[link removed]> the
extension and redesignation of Somalia for Temporary Protected Status
(TPS). The 18-month extension - effective March 18, 2023 - will
allow over 430 Somali TPS holders to retain their status through
September 17, 2024. It also extends the protection to over 2,200
Somali nationals residing in the United States as of January 11, 2023.

In the announcement, Department of Homeland Security (DHS) Secretary
Alejandro Mayorkas said
<[link removed]>
that the renewal of TPS for Somalia was appropriate in light of the
difficult conditions in the country due to ongoing conflict and the
continuing humanitarian crisis.

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.

****Legal****

****U.S. Supreme Court Rejects Bid to Overturn Biden Administration's
Public Charge Rule****On January 9, the U.S. Supreme Court declined
<[link removed]>
to hear an appeal from a group of Republican-led states seeking to halt
the Biden administration's "public charge" final rule that went into
effect on December 23, 2022.

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.

Until the issuance of the 2019 Trump-era rule
<[link removed]>,
"public charge
<[link removed]>"
had long been defined to refer to individuals who become primarily
dependent on the government for subsistence - typically demonstrated
by the use of cash benefit programs. The Trump rule greatly expanded
that definition to include the use of other benefits, potentially
rendering recipients ineligible for visas and green cards.

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]>
by a federal court in 2020.

The new rule reverses the Trump era rule, codifying the pre-2019
criteria for public charge determinations, and limiting the number of
public benefits that can weigh against green card and certain visa
applications.

**GOVERNMENT REPORTS**

**U.S. Government Accountability Office (GAO);****Immigration Detention:
ICE Can Improve Oversight and Management**
<[link removed]>

**; January 9, 2023**This GAO report highlights additional actions that
U.S. Immigration and Customs Enforcement (ICE) can take to help ensure
that the immigration detention system is safe, humane, and well-managed.
Among the recommendations, the report suggests that ICE 1) fully analyze
its facility inspections data to identify broad issues and trends, 2)
improve its oversight of detention facilities, 3) ensure that detained
noncitizens consent to certain medical procedures, and 4) improve how it
manages federal funds.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES****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.

**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.

**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.

* * *

*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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