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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: https://immigrationforum.org/article/legislative-bulletin-friday-january-13-2023/
All the best,
Arturo
LEGISLATIVE BULLETIN - Friday, January 13, 2023
BILLS INTRODUCED AND CONSIDERED
LEGISLATIVE FLOOR CALENDAR
UPCOMING HEARINGS AND MARKUPS
THEMES IN WASHINGTON THIS WEEK
GOVERNMENT REPORTS
SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES
BILLS INTRODUCED AND CONSIDERED
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 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
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 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
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 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
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 cosponsors)
01/09/2023 Introduced in the House by Representative Jackson Lee
01/09/2023 Referred to the House Committee on the Judiciary
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 cosponsors)
01/09/2023 Introduced in the House by Representative Biggs
01/09/2023 Referred to the House Committee on the Judiciary
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 cosponsors)
01/09/2023 Introduced in the House by Representative Biggs
01/09/2023 Referred to the House Committee on the Judiciary
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 cosponsors)
01/09/2023 Introduced in the House by Representative Biggs
01/09/2023 Referred to the House Committee on the Judiciary
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 cosponsors)
01/09/2023 Introduced in the House by Representative Biggs
01/09/2023 Referred to the House Committee on the Judiciary
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 cosponsors)
01/09/2023 Introduced in the House by Representative Biggs
01/09/2023 Referred to the House Committee on the Judiciary
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 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
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 cosponsors)
01/09/2023 Introduced in the House by Representative Calvert
01/09/2023 Referred to the House Committee on the Judiciary
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 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
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 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
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 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
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 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 to El Paso, Texas, marking his first trip to a border city since taking office. His visit started with a tour 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.
The visit took place three days after the Biden administration announced 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 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 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 in Fiscal Year (FY) 2022, along with other criticisms of his management of DHS.
Secretary Mayorkas, who has repeatedly stated that he will not resign, testified before the House Homeland Security Committee on November 15, 2022. During his testimony, 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 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 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, 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 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 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 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 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 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, 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, "public charge" 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 of certain benefits they were entitled to for fear of immigration consequences. This rule was vacated 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
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
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.
This explainer describes the elements, policies, likely impact, and some concerns surrounding the Venezuela Parole Program and Title 42 expansion to Venezuelans.
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.
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*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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