Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday,
February 10, 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, February 10, 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**

S. 206
<[link removed]>

**Eradicating Narcotic Drugs and Formulating Effective New Tools to
Address National Yearly Losses of Life Act (END FENTANYL Act)**

The bill would require the CBP Commissioner to review and update the
policies and manuals of the Office of Field Operations to enhance
inspection practices at ports of entry to prevent the trafficking of
drugs and humans.

Sponsored by Senator Rick Scott (R-Florida) (4
<[link removed]>
cosponsors- 3 Democrats, 1 Republican)

02/01/2023 Introduced in the Senate by Senator Scott

02/01/2023 Referred to the Senate Committee on Homeland Security and
Governmental Affairs

S. 207
<[link removed]>

**Temporary Protected Status (TPS) Reform and Integrity Act**

The bill would require the Department of Homeland Security (DHS) to
obtain Congress's approval before extending a country's designation for
TPS.

Sponsored by Senator James Lankford (R-Oklahoma) (0
<[link removed]>
cosponsors)

02/01/2023 Introduced in the Senate by Senator Lankford

02/01/2023 Referred to the Senate Committee on the Judiciary

S. 243
<[link removed]>

**A bill to require the Commissioner of U.S. Customs and Border
Protection to establish procedures for conducting maintenance projects
at ports of entry at which the Office of Field Operations conducts
certain enforcement and facilitation activities**

The bill would allow CBP to repair ports of entry without involving the
General Services Administration (GSA), unless the project is valued at
more than $300,000.

Sponsored by Senator James Lankford (R-Oklahoma) (4
<[link removed]>
cosponsors- 2 Democrats, 1 Independent, 1 Republican)

02/01/2023 Introduced in the Senate by Senator Lankford

02/01/2023 Referred to the Senate Committee on Homeland Security and
Governmental Affairs

S. 255
<[link removed]>

**Asylum Seeker Work Authorization Act of 2023**

The bill would allow individuals seeking asylum at ports of entry to be
eligible for work authorizations starting 30 days after they apply for
asylum, provided their applications are not frivolous, they are not
detained, and their identities have been verified.

Sponsored by Senator Susan Collins (R-Maine) (2
<[link removed]>
cosponsors- 2 Independent, 0 Republicans, 0 Democrats)

02/02/2023 Introduced in the Senate by Senator Collins

02/02/2023 Referred to the Senate Committee on the Judiciary

S. 276
<[link removed]>

**Public Health and Border Security Act**

The bill would require all COVID-related national states of emergency to
be lifted before Title 42 is officially terminated, and require the
Department of Homeland Security (DHS) to put in place a workable plan to
manage the border.

Sponsored by Senator Rick Scott (R-Florida) (7
<[link removed]>
cosponsors- 7 Republicans)

02/07/2023 Introduced in the Senate by Senator Scott

02/07/2023 Referred to the Senate Committee on the Judiciary

S. 365
<[link removed]>

**Dream Act of 2023**

The bill would allow Dreamers to earn lawful permanent residence and
eventually become American citizens. A Dreamer is an undocumented
immigrant who came to the United States as a child.

Sponsored by Senator Richard Durbin (D-Illinois) (1
<[link removed]>
cosponsor- 1 Republican, 0 Democrats)

02/09/2023 Introduced in the Senate by Senator Durbin

02/09/2023 Referred to the Senate Committee on the Judiciary

H.R. 712
<[link removed]>

**To reimburse the States for border security expenses**

Sponsored by Representative Dan Crenshaw (R-Texas) (11
<[link removed]>
cosponsors- 11 Republicans, 0 Democrats)

02/01/2023 Introduced in the House by Representative Crenshaw

02/01/2023 Referred to the House Committee on the Judiciary

H.R. 725
<[link removed]>

**Reimbursing Border Communities Act of 2023**

The bill would direct the Secretary of Homeland Security to make grants
to certain border communities for the purpose of reimbursing such
communities for expenses related to security measures along the United
States land border with Mexico.

Sponsored by Representative Ronny Jackson (R-Texas) (8
<[link removed]>
cosponsors- 8 Republicans, 0 Democrats)

02/01/2023 Introduced in the House by Representative Jackson

02/01/2023 Referred to the House Committee on Homeland Security

H.R. 761
<[link removed]>

**Securing American Families from Exploitation (SAFE) at the Border
Act**

The bill would transfer $75 million dollars of unobligated border
construction funds to the Federal Emergency Management Agency (FEMA) to
establish the Southern Border Landowner Security Grant Program.

Sponsored by Representative Stephanie Bice (R-Oklahoma) (4
<[link removed]>
cosponsors- 4 Republicans, 0 Democrats)

02/02/2023 Introduced in the House by Representative Bice

02/02/2023 Referred to the House Committees on Homeland Security and
Appropriations

H.R. 777
<[link removed]>

**Visa Overstay Enforcement**

The bill would impose penalties on individuals who overstay their legal
immigration status, including fines, imprisonment, and being disallowed
from returning to the United States.

Sponsored by Representative Jeff Duncan (R-South Carolina) (9
<[link removed]>
cosponsors- 9 Republicans, 0 Democrats)

02/02/2023 Introduced in the House by Representative Duncan

02/02/2023 Referred to the House Committee on the Judiciary

H.R. 778
<[link removed]>

**Terrorist Deportation Act**

The bill would facilitate the deportation of individuals, except for
legal permanent residents, listed in the Terrorist Screening Database.

Sponsored by Representative Jeff Duncan (R-South Carolina) (8
<[link removed]>
cosponsors- 8 Republicans, 0 Democrats)

02/02/2023 Introduced in the House by Representative Duncan

02/02/2023 Referred to the House Committee on the Judiciary

H.R. 779
<[link removed]>

**No Social Security for Illegal Aliens Act**

The bill would preclude undocumented immigrants from receiving social
security benefits.

Sponsored by Representative Jeff Duncan (R-South Carolina) (16
<[link removed]>
cosponsors- 16 Republicans, 0 Democrats)

02/02/2023 Introduced in the House by Representative Duncan

02/02/2023 Referred to the House Committee on Ways and Means

H.R. 780
<[link removed]>

**Mobilizing Against Sanctuary Cities**

The bill would preclude sanctuary cities from receiving federal funds.

Sponsored by Representative Jeff Duncan (R-South Carolina) (12
<[link removed]>
cosponsors- 12 Republicans, 0 Democrats)

02/02/2023 Introduced in the House by Representative Duncan

02/02/2023 Referred to the House Committees on Oversight and
Accountability and the Judiciary

H.R. 864
<[link removed]>

**To direct the Secretary of Homeland Security to make grants to the
Territory of Guam for the purpose of reimbursing the territory for
expenses related to security measures associated with aliens unlawfully
entering the Territory**

Sponsored by Delegate James Moylan (R-Guam) (0
<[link removed]>
cosponsors)

02/07/2023 Introduced in the House by Delegate Moylan

02/07/2023 Referred to the House Committee on Homeland Security

H.R. 876
<[link removed]>

**Border Crisis Prevention Act**

The bill would increase the credible fear standard for asylum claims.
The bill would also allow the Department of Homeland Security to remove
asylum seekers to safe third countries without the need for bilateral
agreements.

Sponsored by Representative Debbie Lesko (R-Arizona) (4
<[link removed]>
cosponsors- 4 Republicans, 0 Democrats)

02/08/2023 Introduced in the House by Representative Lesko

02/08/2023 Referred to the House Committee on the Judiciary

**LEGISLATIVE FLOOR CALENDAR**

The U.S. Senate will be in session the week of February 13, 2023.

The U.S. House of Representatives will not be in session the week of
February 13, 2023.

**UPCOMING HEARINGS AND MARKUPS**

There are no immigration-related hearings scheduled for the week of
February 13, 2023.

**THEMES IN WASHINGTON THIS WEEK**

****Federal****

****President Biden Calls for Bipartisan Action on Immigration in State
of the Union Address****In his State of the Union
<[link removed]> address
on February 7, President Biden called on Congress to "come together on
immigration and make it a bipartisan issue" like it had been in previous
times. In his remarks, President Biden

**urged** Congress to pass a pathway to citizenship for Dreamers, TPS
holders, farmworkers, and essential workers. He also highlighted border
security, touting decreases in irregular migration since his
administration launched its new parole and private sponsorship-based
border plan
<[link removed]>
in January. However, he noted that "America's border problems won't be
fixed until Congress acts."

****Durbin and Graham Reintroduce Dream Act****On February 9, Sens. Dick
Durbin (D-Illinois) and Lindsey Graham (R-South Carolina) introduced the
Dream Act of 2023
<[link removed]>. The bill
would resolve legal concerns related to Deferred Action for Childhood
Arrivals (DACA) and offer Dreamers permanent legal status, allowing them
to continue living and working in the U.S. without fear of deportation.
The news comes as 600,000 DACA recipients face uncertain futures due to
 court challenges
<[link removed]>
to the policy.

Durbin and Graham have repeatedly introduced iterations of the Dream Act
in recent years, with Durbin first introducing a version of the bill
more than two decades ago.

****Report: Biden Administration Negotiating Agreement to Deport
Non-Mexicans to Mexico****On February 9, the Washington Post reported
<[link removed]>
that the Biden administration is negotiating an agreement with Mexico
that could allow U.S. authorities to deport non-Mexicans to Mexico on a
large scale. The report noted that after the White House announced
<[link removed]>
that it would terminate the Covid-19 public health emergency on May 11
- and consequently end
<[link removed]> the
use of Title 42 - the Biden administration started preparing a new
immigration enforcement model patterned after the administration's new
parole-based border plan
<[link removed]>
for nationals from Cuba, Nicaragua, Venezuela, and Haiti.

Under this new model, alternative pathways would be created to allow
thousands of migrants to enter the United States lawfully. At the same
time, those who come to the border outside that framework would face
severe consequences, including a  "presumption against asylum
eligibility
<[link removed]>"
if they traveled through a third country before reaching the United
States and did not apply for asylum there. The "presumption against
eligibility" - essentially a transit ban
<[link removed]>
- would be part of a new proposed rule
<[link removed].>
expected to be published in the coming weeks. The Biden administration
reportedly views an agreement allowing it to quickly deport non-Mexican
immigrants to Mexico as a breakthrough that would allow for faster
deportations and deter entries from non-Mexicans.

A potential transit ban rule, which was announced in January 2023 as
part of the administration's border plan - has raised objections
<[link removed]>
from advocates and several Democratic lawmakers
<[link removed]>.
On February 8, Senators Alex Padilla (D-California) and Senate Majority
Whip Dick Durbin (D-Illinois) sent a letter
<[link removed]>
to President Biden urging him to ensure access to asylum and expressing
concern with the administration's plan to establish a rebuttable
presumption against asylum eligibility.

On February 9, in an interview with Telemundo
<[link removed]>,
President Biden denied
<[link removed]>
that the administration has been negotiating mass deportations of
non-Mexican citizens to Mexico but left some ambiguity as to the future
policy once Title 42 is ended.

****VP Harris Announces New Efforts to Tackle Root Causes of Migration
from Northern Triangle****On February 6, Vice President Kamala Harris
announced
<[link removed]>
the next phase in her ongoing efforts to address the root causes of
irregular migration from Honduras, Guatemala, and El Salvador.
Harris's Central America Forward
<[link removed]>
initiative focuses on good governance and labor rights to create more
and better economic opportunities in these three countries.
Specifically, Harris's initiative
<[link removed]>
aims to create and secure jobs for 1 million individuals by 2032,
increase the incomes of 125,000 farmers, provide 1 million small
businesses with access to financing by 2027, provide digital access to
over 4 million people by 2027, and provide education and training for
75,000 individuals to prepare them for employment across the region by
2027.

To achieve those goals, Vice President Harris announced ten new private
investment commitments in the region, totaling $956 million. The new
commitments are part of Harris's Call to Action for Northern Central
America
<[link removed]>
launched on May 27, 2021. Since then, businesses and social enterprises
have invested more than $4.2 billion
<[link removed]>
in the Northern Triangle.

****Biden Administration Announces Plans of Pilot for Stateside Visa
Renewal****A February 9 Bloomberg Law report
<[link removed]>
highlighted that the U.S. Department of State (DOS) will launch a pilot
program later this year offering visa renewal options for H and L visa
holders that will not require them to leave the United States. The
stateside visa renewals - which were discontinued in 2004 - are
expected to serve a dual purpose - save applicants from having to
leave the country and reduce the workload of consular offices abroad.

Since March 2020, the Covid-19 pandemic has dramatically affected DOS's
ability to process immigrant visa applications. According to recent
reports, the U.S. consular backlog has over 386,787
<[link removed]>
immigrant visa applicants waiting for an interview at U.S. consulates
- a 635% increase from the 2019 average of 60,866
<[link removed]>.

According to a DOS spokesperson, the stateside renewal option does not
require the DOS to issue new regulations. She also explained
<[link removed]>
that the pilot program would be available exclusively to H and L visa
holders, but it could eventually be expanded.

****Nicaraguan Government Frees 222 Political Prisoners; U.S. Admits
Them Under Humanitarian Parole****On February 9, the Nicaraguan
government freed
<[link removed]>
222 political prisoners and sent them to the United States, which
admitted them under humanitarian parole
<[link removed]>.
In a press release, Secretary of State Antony Blinken highlighted
<[link removed]>
that "the release of these individuals, one of whom is a U.S. citizen,
marks a constructive step towards addressing human rights abuses in the
country and opens the door to further dialogue between the United States
and Nicaragua regarding issues of concern."

Nicaragua is ruled
<[link removed]>
by President Daniel Ortega, who has increasingly suppressed political
dissent, violently cracked down on protests, shut down hundreds of
nongovernmental organizations, and held hundreds
<[link removed]>
of political prisoners. These human rights violations have drawn global
condemnation <[link removed]> and led to
U.S. sanctions
<[link removed]>.
The unilateral move to release the political prisoners and allow them to
travel to the U.S. appears to be an attempt to by the Ortega regime to
improve relations with the United States and encourage it to lift harsh
economic sanctions.

As a consequence of the increasingly authoritarian government and the
country's mounting economic challenges
<[link removed]>,
more than 200,000
<[link removed]>
Nicaraguans have fled the country since 2018.

****House Oversight Committee Holds Hearing with Border Patrol
Officials****On February 7, the House Oversight and Accountability
Committee held
<[link removed]>
a hearing
<[link removed]>
over the Biden administration's policies at the U.S.-Mexico border.
The hearing, which occurred just days after the House Judiciary
Committee's hearing
<[link removed]>on
the administration's border policies, featured testimony from two
Border Patrol officials - Rio Grande Valley Sector Chief Patrol Agent
Gloria Chavez and Tucson sector Chief Patrol Agent John Modlin.

The officials emphasized a need for more personnel and infrastructure in
their sectors and called on Congress to make needed reforms. "I think
that we need to really just embrace change, and good change so that we
reform our immigration laws," Chavez said. "We seriously need to find a
solution. We're Border Patrol agents. We are the ones that enforce
policy - your policy that Congress puts out."

"We recognize the law, and the law states that any migrant that's in the
United States, regardless of status, has the right to apply for asylum,"
Modlin added.

Democrats and Republicans on the committee sparred over the role border
policy plays in the fentanyl addiction crisis, with Republicans blaming
the Biden administration's border policies for the crisis and
Democrats countering that the vast majority of the drug is smuggled in
by U.S. citizens at ports of entry
<[link removed]>.

****Legal****

****Biden Administration Urges Supreme Court to Dismiss Title 42 Case as
End of Health Emergency Approaches****On February 7, the Biden
administration filed a brief
<[link removed]>
urging the U.S. Supreme Court to dismiss Title 42 -related litigation
currently pending before Court. Title 42
<[link removed]>
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. The Department of Justice (DOJ) argued
<[link removed]>
that the end of the public health emergency on May 11 - announced
<[link removed]>
on January 31 - would terminate the Title 42 order and would moot the
case.

In the brief, DOJ noted
<[link removed]>
that Title 42 orders were issued as temporary emergency measures that
would remain in place until the expiration of the public health
emergency or until the CDC Director determines that the order is no
longer necessary to protect public health, whichever comes first.
Accordingly, the end of the health emergency would mean the expiration
of Title 42. However, some Republican officials have argued
<[link removed]>
that the end of the COVID-19 public health emergency does not
necessarily implicate Title 42.

The case, Huisha-Huisha v. Mayorkas
<[link removed]>, stems from a
lawsuit challenging Title 42. 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. A number of
Republican-led states attempted to intervene in the litigation and in
December, the Supreme Court voted 5-4
<[link removed]> to
allow Title 42  to remain in effect
<[link removed]>
as it considered arguments on the narrow issues as to whether to allow
the states to intervene in the litigation. The Supreme Court has set
oral arguments
<[link removed]> for this
case for March 1.

****State & Local****

****NYC Government Buses Migrants Seeking Asylum to Canada****A February
8 New York Times report
<[link removed]>
revealed that New York City (NYC) government officials had bought bus
tickets for immigrants bused from elsewhere into the city who wanted to
go north and seek asylum in Canada - a process dubbed as "re-ticketing
<[link removed]>."
NYC Mayor Eric Adams (D) highlighted
<[link removed]>
that his administration was not compelling people to leave, but simply
buying tickets for asylum seekers wishing to relocate elsewhere.

Canadian officials expressed
<[link removed]> "surprise" with
NYC's re-ticketing efforts and noted that Canada and the U.S. were
negotiating to update the Safe Third Country Agreement - signed in
2002 - which requires migrants to make an asylum claim in the first
country they enter, whether the U.S. or Canada. Re-ticketing in this
circumstance seemingly would be in violation of that agreement.

The NYC re-ticketing measure came four months after Mayor
Adams declared
<[link removed]> a
state of emergency and directed relevant city agencies to coordinate
their efforts to respond to the "humanitarian crisis" arising out of the
busing of asylum seekers to the city from Texas, Arizona, and Colorado.
According to Mayor Adams, in the last ten months, over 44,000
<[link removed]>
asylum seekers had settled in the city, straining New York's shelter
system. Mayor Adams highlighted that New York City is on track to spend
over $2 billion dollars
<[link removed]> on
services for asylum seekers through June, up from the $366 million that
his government spent last year.

**GOVERNMENT REPORTS**

**Congressional Research Service (CRS);****Immigration Relief for
Noncitizen Crime Victims** <[link removed]>

**; January 31, 2023**This report explores different forms of
immigration relief for noncitizen crime victims and their derivative
family members. It includes recent data on the violent victimization
rate for noncitizens, visa backlogs, adjudication timelines, and other
relevant information. It also incorporates recommendations for
policymakers.

**Congressional Research Service (CRS);****Naturalization: Policy
Overview and Selected Trends**
<[link removed]>

**; February 6, 2023**This report provides key details around the
naturalization process in the United States, including eligibility
requirements, naturalization trends, and information on dual
citizenship, expatriation, and citizenship revocation.

**Congressional Research Service (CRS);****COVID-Related Travel
Restrictions on Arriving Vaccinated and Unvaccinated Foreign Nationals
with Valid Documents** <[link removed]>

**; February 8, 2023**This report focuses on the Covid-related entry
restrictions affecting foreign nationals coming to the United States
with valid documents, whether by air or land borders.

**U.S. Department of Homeland Security Office of Inspector General
(OIG);****ICE and CBP Deaths in Custody during FY 2021**
<[link removed]>

**; February 1, 2023**This report details ten deaths in ICE or CBP
custody during fiscal year 2021. The Office of Inspector General (OIG)
concluded "no underlying systemic factors, policies, or processes played
a role" in nine of the individuals' deaths; the tenth death could not
be evaluated because of an ongoing criminal investigation. However, in
some cases, the OIG's contracted medical team determined that the
facilities' medical staff did not provide appropriate care.

**The Department of Homeland Security Office of Inspector General
(OIG);****Violations of Detention Standards at ICE's Port Isabel Service
Processing Center**
<[link removed]>

**; February 1, 2023**This report describes OIG's findings during an
unannounced inspection of the Port Isabel Service Processing Center in
Los Fresnos, Texas, last April and makes nine recommendations for
improvements.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES**Bill Summary: Dream
Act of 2023
<[link removed]>This
bipartisan bill would provide Dreamers - young undocumented immigrants
who were brought to the United States as children and have lived in the
U.S. for most of their lives - with protection from deportation and an
opportunity to obtain legal status if they meet certain requirements.

**The Reasons Behind the Increased Migration from Venezuela, Cuba, and
Nicaragua**
<[link removed]>This
paper explores the reasons behind the increased migration from
Venezuela, Cuba, and Nicaragua. While irregular migration from these
three countries ruled by autocratic governments is not new, the
situation in these countries has worsened in recent years. Commonalities
include domestic political crises, weakening economies, Covid-19,
natural disasters, and strict U.S.-led economic sanctions. Facing
precarious conditions and the threat of political persecution, a growing
number of people from these nations have opted to seek safety in the
United States.

Explainer: The Biden Administration's January 2023 Border Plan
<[link removed]>This
explainer describes the various elements of the border plan announced
and implemented by the Biden administration on January 5. It also
discusses concerns associated with the plan and some of the plan's
initial impacts over the last couple weeks.

* * *

*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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