Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday,
February 24, 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 24, 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. 493
<[link removed]>

**Securing the Visa Waiver Program Act of 2023**

** **

This bill would codify an agreement between visa waiver program
countries to share watch-list information on known or suspected
terrorists.

Sponsored by Senator Marco Rubio (R-Florida) (1
<[link removed]>
cosponsor- 1 Republican, 0 Democrats)

02/16/2023 Introduced in the Senate by Senator Rubio

02/16/2023 Referred to the Senate Committee on the Judiciary

S. 505
<[link removed]>

**Immigration Parole Reform Act of 2023**

This bill would reform the eligibility criteria for parole status. It
would also define what qualifies as an "urgent humanitarian reason" or
"significant public benefit".

Sponsored by Senator Chuck Grassley (R-Iowa) (8
<[link removed]>
cosponsors- 8 Republicans, 0 Democrats)

02/16/2023 Introduced in the Senate by Senator Grassley

02/16/2023 Referred to the Senate Committee on the Judiciary

S. 519
<[link removed]>

**Stop Taxpayer Funding of Traffickers Act**

This bill would prohibit persons charged with drug or human trafficking
at the US's international borders or in its territorial waters from
receiving federal benefits. The bill would also define smuggling,
transporting, or harboring individuals as a "human trafficking offense.
The accompanying House bill is H.R. 1116.
<[link removed]>

Sponsored by Senator Marsha Blackburn (R-Tennessee)  (4
<[link removed]>
cosponsors- 4 Republicans, 0 Democrats)

02/16/2023 Introduced in the Senate by Senator Blackburn

02/16/2023 Referred to the Senate Committee on Homeland Security and
Governmental Affairs

H.R. 1100
<[link removed]>

**To amend the Immigration and Nationality Act to eliminate the
diversity immigrant program**

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

02/17/2023 Introduced in the House by Representative Posey

02/17/2023 Referred to the House Committee on the Judiciary

H.R. 1102
<[link removed]>

**T**

**he United Nations Relief and Works Agency (UNRWA) Accountability and
Transparency Act**

This bill would withhold United States contributions to the United
Nations Relief and Works Agency for Palestine Refugees in the Near East
(UNRWA) until it could be certified that no UNRWA employee was a member
of a terrorist organization or propagated anti-American, anti-Israel, or
anti-Semitic rhetoric; no UNRWA resources are being used by terrorist
organizations; and other requirements.

Sponsored by Representative Chip Roy (R-Texas) (27
<[link removed]>cosponsors-
27 Republicans, 0 Democrats)

02/17/2023 Introduced in the House by Representative Roy

02/17/2023 Referred to the House Committee on Foreign Affairs

**LEGISLATIVE FLOOR CALENDAR**

The U.S. Senate will be in session the week of Monday, February 27,
2023.

The U.S. House of Representatives will be in session from Monday,
February 27, through Wednesday, March 1, 2023.

**UPCOMING HEARINGS AND MARKUPS**

**The Fentanyl Crisis in America: Inaction is No Longer an Option**
<[link removed]>

**Date:** Wednesday, March 1, 2023, at 9:00 am E.T. (Senate Judiciary
Committee)

**Location:** 2141 Rayburn House Office Building, Washington, D.C.

**Witnesses:**TBD

**Every State is a Border State: Examining Secretary Mayorkas' Border
Crisis**
<[link removed]>

**Date:** Tuesday, February 28, 2023, at 10:00 am E.T. (House Homeland
Security Committee)

**Location:** 310 Cannon House Office Building, Washington D.C.

**Witnesses:**TBD

**THEMES IN WASHINGTON THIS WEEK**

****Federal****

****Biden Administration Publishes Proposed Asylum Rule that Would
Restrict Asylum Eligibility****On February 23, the Biden administration
published a proposed rule
<[link removed]>
that would severely restrict asylum eligibility - with limited
exceptions - for migrants who travel through a third country before
crossing the U.S.'s southwest border without authorization.

The Department of Homeland Security and the Department of Justice issued
the proposed rule in anticipation of the termination of the Covid-19
public health emergency on May 11, which will end the use of Title 42.
Immigration officials
<[link removed]>
expect the new strategy will "discourage irregular migration by
encouraging migrants to use lawful, safe, and orderly processes."

The proposed rule targets would-be asylum seekers and their families who
travel through a third country before arriving at the U.S.-Mexico
border, and who fail to follow a DHS-approved parole process, use a
phone app to schedule an appointment at a port of entry, or apply for
and be denied asylum elsewhere en route. Those who go to a port of entry
and prove they were unable to use the app - whether because of
illiteracy, language barriers, technical failures, or other problems -
may also qualify for an exception. Unaccompanied children are exempt.

Migrants subject to the rule will face a rebuttable presumption of
asylum ineligibility, which they will only be able to overcome if they
can prove they crossed under exceptionally compelling circumstances,
including an acute medical emergency, imminent threat to life or safety,
or victimization from a severe form of trafficking. Those who don't
qualify for exceptions, can't rebut the ineligibility presumption, and
don't establish a reasonable possibility of persecution or torture will
be swiftly removed from the U.S.

The notice of proposed rulemaking had been initially teased back in
January
<[link removed]>,
alongside other policies to crack down on migration at the U.S.'s
southwest border. Its publication sparked an immediate backlash from
advocates, who drew comparisons to similar policies
<[link removed]>
under the Trump administration and expressed concerns about the
operational realities of such a complicated system on the ground.

****Ukrainians Fear Losing Legal Status in April****A February 18 Wall
Street Journal report
<[link removed]>
highlighted that thousands of Ukrainians fleeing war with Russia are
staring down an uncertain future come April, when their parole status is
set to expire - one year after they arrived in the United States.

Ukrainians forcibly displaced by Russia's invasion who arrived by April
11, 2022, were initially offered a one-year humanitarian relief to stay
in the U.S. Ten days later, on April 21, the executive branch launched a
new private sponsorship program, Uniting for Ukraine
<[link removed]>,
that offered two years of safety. As a consequence, around 10,000
Ukrainians who arrived before the creation of Uniting for Ukraine may
lose their one-year status in April.

Now, an imminent deadline looms for the Biden administration to act.
Otherwise, these individuals and families will have to choose between
living undocumented in the U.S. and looking elsewhere for safety while
their home country remains a war zone. "Will we be kicked out of America
in April?" wrote Olena Malashonok
<[link removed]>,
a Ukrainian living with her husband and children in South Carolina. "We
don't know."

****Biden Administration Considers Green Card Pathway for Agricultural
and Seasonal Workers**

** ****A February 18 Fox News report
<[link removed]>
revealed that the Biden administration is considering a rule that would
allow workers on H-2A and H-2B visas to apply for permanent residency in
the United States.

H-2A and H-2B visas are considered nonimmigrant visas for temporary
workers because they do not allow their recipients to regularize their
status to lawful permanent residents. Instead, recipients receive the
visa for a limited amount of time and are expected to return to their
home country following their term of work.

However, some nonimmigrant visas do allow their recipients to
simultaneously pursue a green card in what is known as dual intent. This
proposed rule would apply dual intent to H-2A and H-2B visas.
Accordingly, H-2A and H-2B visa holders would be allowed to hold this
nonimmigrant visa without abandoning their nonimmigrant intent or
foreign residence, which would normally lead to a revocation of these
visas.

The proposed rule is still undergoing the consideration process and has
not yet been published for notice and comment.

****State & Local****

****Migrant Women Face Arrests Amid Texas's Operation Lone Star****Law
enforcement officials in Texas have started arresting dozens of women
<[link removed]>
as part of the state's controversial Operation Lone Star (OLS). OLS is
an immigration and border enforcement strategy that Governor Greg Abbott
(R-Texas) launched
<[link removed]> in
March 2021 that utilizes state resources to attempt to deter and
restrict arriving migrants. OLS has cost $4.4 billion
<[link removed]>
over the first two years.

Before last fall, the Texas Department of Public Safety had focused on
arresting men as part of the operation, often for misdemeanor
trespassing charges in a state where roughly 95% of the land -
including much of the area near the border - is private property
<[link removed]>.

But defense attorneys have portrayed the male-only arrests as
equal-protection violations that are ultimately unconstitutional,
convincing judges to toss dozens of cases. As that argument has proven
successful, some women have now also become targets for OLS.

According to a February 17 Wall Street Journal report
<[link removed]>,
24 migrant women have faced arrest and charges in recent months. Yet so
far, some judges remain unconvinced that arresting women now solves past
issues with equal protection.

"I thought that actually cut against the state, that they recognized
they were doing something wrong," said Judge Linda Yanez, from South
Texas's Jim Hogg County.

****Minnesota Lawmakers Pass Bill Allowing Undocumented Immigrants to
Get Driver's Licenses****On February 22, the Minnesota Senate passed a
bill
<[link removed]>
that would give undocumented residents access to driver's licenses, a
state-level policy that has won national support through its promise to
improve road safety and help immigrants live with less fear.

The bill now heads back to the Minnesota House of Representatives, where
lawmakers are expected
<[link removed]>
to concur with small changes made by the Senate. Then, it will go to
Governor Tim Walz's (D-Minnesota) desk, where he has said
<[link removed]>
he'll sign it into law.

"Today we sent a message to Minnesota's undocumented community: we hear
you, we see you, and you are a part of our beloved community," said
State Senator Zaynab Mohamed (D-Minnesota), the bill's author.

If the bill is enacted, Minnesota will join 18 other states
<[link removed]>
plus Washington, D.C. in granting undocumented residents driving
privileges.

****Florida Governor DeSantis Announces Sweeping Immigration
Proposal****On February 23, Governor Ron DeSantis (R-Florida) unveiled a
sweeping legislative proposal
<[link removed]>
to crack down on unauthorized immigration to the state.

DeSantis wants to prohibit
<[link removed]>
out-of-state college tuition waivers for undocumented students, bar
undocumented attorneys from practicing law, require all Florida
employers to use E-Verify, and make Floridians affirm - under penalty
of perjury <[link removed]>
- that they are US citizens when registering to vote.

His plan would also trump up penalties for human smuggling, make it a
felony to use fake IDs for employment eligibility and invalidate
out-of-state licenses issued to undocumented residents.

Senator Rick Scott (R-Florida) - DeSantis's predecessor - reacted
<[link removed]>
to the proposal by expressing continued support for in-state tuition fee
waivers for undocumented students, a measure he signed into law as
governor.

"I believe in it," Scott told the Florida Phoenix
<[link removed]>.
"I believe that these individuals ought to have the opportunity to live
in this country. It's a bill that I would sign again today."

**GOVERNMENT REPORTS**

**Congressional Research Service (CRS);****FEMA's Emergency Food and
Shelter Program (EFSP)** <[link removed]>

**; February 22, 2023**This report gives information about the Federal
Emergency Management Agency's Emergency Food and Shelter Program,
including how it has been funded to provide supplemental humanitarian
relief for migrants.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES****Explainer: The
Legal Impact of Ending the COVID-19 Health Emergency on Title 42**
<[link removed]>This
paper explains how the Biden administration's announcement that the
Covid-19 public health and national emergencies will end on May 11 may,
in turn, affect the Title 42 policy.

**Bill Analysis: The Secure and Protect Act of 2023**
<[link removed]>This
bill analysis summarizes legislation that was recently introduced by
Sen. Lindsey Graham (R-South Carolina). The Secure and Protect Act of
2023 would make significant changes to the asylum process, remove limits
on the length of time children can be held in family detention, limit
the ability of the executive branch to use humanitarian parole, and try
to mitigate the immigration court backlog by providing additional
funding for staff, among other reforms.

**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.

* * *

*This Bulletin is not intended to be comprehensive. Please contact
Arturo Castellanos-Canales, Policy and Advocacy Manager at the National
Immigration Forum, with comments and suggestions of additional items to
be included. Arturo can be reached [email protected].
Thank you.

 

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