Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday, March
10, 2023, is now posted.

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


 All the best,

 Alexandra 

**LEGISLATIVE BULLETIN - Friday, March 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.637
<[link removed]>Child
Labor Prevention Act

This bill
<[link removed]>
would increase civil penalties and create criminal penalties for
violations of child labor laws. The bill would also protect all working
children under the Fair Labor Standards Act (FLSA). In addition, the
bill would index penalties to the Consumer Price Index for All Urban
Consumers.

Sponsored by Sen. Brian Schatz (D-Hawaii) (5
<[link removed]>
cosponsors - 0 Republicans, 5 Democrats)

03/02/2023 Introduced in the Senate by Sen. Brian Schatz

03/02/2023 Referred to the Senate Committee on Health, Education, Labor,
and Pensions

S.685
<[link removed]>Stopping
Border Surges Act

This bill
<[link removed]>would
circumvent the Flores Settlement Agreement by allowing children to be
detained with a parent throughout the parent's immigration case. The
bill would also make unaccompanied migrant children from non-contiguous
countries subject to the same fast-tracked removals as children from
Mexico and Canada. In addition, the bill would require the Department of
Health and Human Services to give the Department of Homeland Security
biographical information - including immigration status - on
children's sponsors, mandate that most asylum seekers apply for and be
denied asylum elsewhere en route to the US, and restrict asylum to only
those who arrive in the US via ports of entry, among other significant
changes to the US's immigration and asylum systems. 

Sponsored by Sen. Mike Lee (R-Utah) (11
<[link removed]>
cosponsors - 11 Republicans, 0 Democrats)

03/07/2023 Introduced in the Senate by Sen. Mike Lee

03/07/2023 Referred to the Senate Committee on the Judiciary

S.696
<[link removed]>Border
Safety and Security Act

This bill
<[link removed]>would
require the Homeland Security secretary to suspend the entry of
unauthorized immigrants during any period in which DHS cannot detain
such individuals or place them in Migrant Protection Protocols (MPP) or
a similar program. The bill would also authorize state attorneys general
to bring legal actions against DHS if the secretary does not follow
through.

Sponsored by Sen. Tommy Tuberville (R-Alabama) (4
<[link removed]>
cosponsors - 4 Republicans, 0 Democrats)

03/08/2023 Introduced in the Senate by Tommy Tuberville

03/08/2023 Referred to the Senate Committee on the Judiciary

S.698
<[link removed]>Drug
Cartel Terrorist Designation Act

This bill
<[link removed]>
would designate the Reynosa/Los Metros faction of the Gulf Cartel, the
Cartel del Noreste faction of Los Zetas, the Jalisco New Generation
Cartel, and the Sinaloa Cartel as foreign terrorist organizations. As a
consequence, it would suspend and deny the issuance of any type of visas
to any person associated with these groups.

Sponsored by Sen. Roger Marshall (R-Kansas) (1
<[link removed]>
cosponsors - 1 Republican, 0 Democrats)

03/08/2023 Introduced in the Senate by Sen. Roger Marshall

03/08/2023 Referred to the Senate Committee on Foreign Relations

S.716
<[link removed]>Solving
the Border Crisis Act

This bill
<[link removed]>
would restart border wall construction. The bill would also make the
Migrant Protection Protocols (MPP) permanent, extend the Title 42 policy
for at least 120 days after the Covid-19 public health emergency ends,
and make other significant changes to asylum and immigration policy. 

Sponsored by Sen. James E. Risch (R-Idaho) (5
<[link removed]>
cosponsors - 5 Republicans, 0 Democrats)

03/08/2023 Introduced in the Senate by Sen. James E. Risch

03/08/2023 Referred to the Senate Committee on Homeland Security and
Governmental Affairs

S.733
<[link removed]>Reverse
Entry for Migrant Offenders and Violence Expulsion (REMOVE) Act

This bill
<[link removed]>
would clarify kidnapping or sexual abuse convictions as inadmissibility
and deportability grounds. 

Sponsored by Sen. John Thune (R-South Dakota) (3
<[link removed]>
cosponsors - 3 Republicans, 0 Democrats)

03/09/2023 Introduced in the Senate by Sen. John Thune

03/09/2023 Referred to the Senate Committee on the Judiciary

H.R.20
<[link removed]>Richard
L. Trumka Protecting the Right to Organize Act of 2023

This bill
<[link removed]>
would authorize penalties for violating workers' rights, facilitate
initial collective bargaining agreements, strengthen support for those
who might face retaliation, and keep employers from interfering with
union elections, among other measures. Bernie Sanders (I-Vermont)
introduced the Senate companion, S.567
<[link removed]>.

Sponsored by Rep. Robert C. "Bobby" Scott (D-Virginia) (205
<[link removed]>
cosponsors - 1 Republican, 204 Democrats)

02/28/2023 Introduced in the House by Rep. Robert C. "Bobby" Scott

02/28/2023 Referred to the House Committee on Education and the
Workforce

H.R.1337
<[link removed]>The
Immigration and Enforcement Partnership Act of 2023

This bill
<[link removed]>
would allow state attorneys general to force the Homeland Security
Secretary to either enforce the Department of Homeland Security's
non-discretionary duties or authorize state officials to enforce federal
immigration laws.

Sponsored by Rep. Bill Posey (R-Florida) (0
<[link removed]>
cosponsors)

03/03/2023 Introduced in the House by Rep. Bill Posey

03/03/2023 Referred to the House Committee on the Judiciary

H.R.1386
<[link removed]>Equal
Citizenship for Children Act

This bill
<[link removed]>
would amend the Child Citizenship Act (CCA) to automatically give
citizenship to those eligible who were excluded before under the CCA. 

Sponsored by Rep. Yvette Clarke (D-New York) (18
<[link removed]>
cosponsors - 0 Republicans, 18 Democrats)

03/07/2023 Introduced by Rep. Yvette Clarke

03/07/2023 Referred to the House Committee on the Judiciary

H.R.1394
<[link removed]>To
amend the Immigration and Nationality Act to clarify that expedited
removal of inadmissible arriving aliens applies regardless of where the
alien is encountered or apprehended

Sponsored by Rep. Pat Fallon (R-Texas) (11
<[link removed]>
cosponsors -11 Republicans, 0 Democrats)

03/07/2023 Introduced by Rep. Pat Fallon

03/07/2023 Referred to the House Committee on the Judiciary

H.R.1401
<[link removed]>Eradicating
Narcotic Drugs and Formulating Effective New Tools to Address National
Yearly Losses of life (END FENTANYL) Act

This bill
<[link removed]>
would require US Customs and Border Protection to regularly review and
update manuals and find ways to prevent drug and human smuggling through
ports of entry. Sen. Rick Scott (R-Florida) introduced its companion
bill in the Senate earlier this year.

Sponsored by Rep. Michael Guest (R-Mississippi) (7
<[link removed]>
cosponsors - 3 Republicans, 4 Democrats)

03/07/2023 Introduced by Rep. Michael Guest 

03/07/2023 Referred to the House Committees on Homeland Security and
Ways and Means

H.R.1451
<[link removed]>To
amend title 10, United States Code, to authorize the enlistment of
certain aliens in the Armed Forces

Sponsored by Rep. Ruben Gallego (D-Arizona) (1
<[link removed]>
cosponsor - 0 Republicans, 1 Democrat)

03/08/2023 Introduced by Rep. Ruben Gallego

03/08/2023 Referred to the House Committees on Armed Services and the
Judiciary

H.R.1464
<[link removed]>Eradicate
Crossing of Illegal Tunnels (EXIT) Act 

This bill
<[link removed]> would
let the Department of Homeland Security waive environmental permits and
reviews to look for and remediate border crossing tunnels.

Sponsored by Rep. Debbie Lesko (R-Arizona) (3
<[link removed]>
cosponsors - 3 Republicans, 0 Democrats)

03/08/2023 Introduced by Rep. Debbie Lesko

03/08/2023 Referred to the House Committees on Homeland Security and the
Judiciary

H.R.1511
<[link removed]>Renewing
Immigration Provisions of the Immigration Act of 1929

This bill
<[link removed]>
would update existing registry provisions to unlock a pathway to lawful
permanent residence for millions of people who have lived in the US for
at least seven years. 

Sponsored by Rep. Zoe Lofgren (D-California) (48
<[link removed]>
cosponsors - 0 Republicans, 48 Democrats)

03/09/2023 Introduced by Rep. Zoe Lofgren

03/09/2023 Referred to the House Committee on the Judiciary

**LEGISLATIVE FLOOR CALENDAR**The US Senate will be in session from
Tuesday, March 14, through Thursday, March 16, 2023. 

The US House of Representatives will not be in session the week of March
13, 2023.

**UPCOMING HEARINGS AND MARKUPS****The Future of US-Brazil Relations**
<[link removed]>

**Date:**Wednesday, March 15, 2023 at 10:30 a.m. ET (Senate Foreign
Relations Committee)

**Location:** 419 Dirksen Senate Office Building, Washington, D.C.

**Witnesses:**

**The Honorable Brian Nichols,**Assistant Secretary of State for Western
Hemisphere Affairs, US Department of State

**Richard Duke,**Deputy Special Presidential Envoy for Climate, US
Department of State

**Failure By Design: Examining Secretary Mayorkas' Border Crisis**
<[link removed]>

**Date:**Wednesday, March 15, 2023 at 10:15 a.m. ET (House Committee on
Homeland Security)

**Location:** South Texas College, Regional Center for Public Safety
Excellence (RCPSE) 3901 S. Cage Blvd. Pharr, TX

**Witnesses:**

**The Honorable Raul L. Ortiz,**Chief, United States Border Patrol

**THEMES IN WASHINGTON THIS WEEK**

****Federal ****

**Biden Administration Reportedly Weighing Return to Family Detention**

** **On March 6, the New York Times reported
<[link removed]>
that the Biden administration is mulling a return to family immigration
detention in an attempt to deter would-be migrants and asylum seekers
from traveling to the US-Mexico border, as officials scramble to preempt
an anticipated uptick in migrant encounters after the Title 42 policy is
set to expire in May. 

The news comes amid a flurry of other recent policy announcements from
President Joe Biden and his team that signal a harder line on
immigration enforcement, including a proposed rule
<[link removed]>
that would impose further asylum restrictions and a promised expansion
of fast-tracked deportations
<[link removed]>
using expedited removal. 

The administration has linked this sudden crackdown to anxieties about
an expected increase in border crossings after May 11, when the Title 42
public health measure that has allowed officials to quickly expel
migrants and asylum seekers abroad will likely no longer be in force. 

Biden's predecessors, Donald Trump and Barack Obama, used family
immigration detention expansively during their presidencies after far
more children and parents seeking humanitarian protection started
arriving at the US-Mexico border around 2014. But Biden campaigned on
making the US immigration system more humane
<[link removed]>, and his administration generally
stopped detaining migrant families not long after he took over the Oval
Office. 

Immigration activists, who have long warned about the devastating mental
and physical health consequences
<[link removed]>
of putting kids in lock-ups, had cautiously celebrated Biden's move
toward alternatives to detention for families as a rare victory. Now,
amid signs of a potential reversal in policy, advocates and some elected
Democrats are expressing concern, frustration, and a sense of
betrayal. 

"Ending the inhumane practice of family detention has been one of the
only positive immigration policy decisions of the Biden administration,"
attorney Leecia Welchtold the Times
<[link removed]>.
"It is heartbreaking to hear there could be a return to the Trump-era
use of this practice."

Homeland Security Secretary Alejandro Mayorkas has acknowledged
<[link removed]>
that detaining migrant families is back on the table as a potential
policy option, though he told CNN that ultimately "no decision has been
made."

Similarly, on a possible return to family detention, White House Press
Secretary Karine Jean-Pierre has said she
<[link removed]>is
"not going to go weigh in on rumors that are out there or conversations
that are happening at this time." 

"I'm not saying it's being considered," she said. "And I'm not saying it
is not."

**TPS Extended and Redesignated for Somalia; Redesignation Expected for
Nicaragua**On March 10, 2023, The Biden administration filed a Federal
Register notice
<[link removed]>
redesignating temporary protected status for Somalia and extending
protection for current Somali TPS holders amid ongoing conflict
<[link removed]>,
natural disasters, and disease outbreaks in their home country. 

Because of the redesignation, an estimated 2,200 Somalis
<[link removed]>
who have resided in the United States since at least January 11 will be
able to file applications for TPS, as long as they meet other
eligibility requirements. Current beneficiaries who continue to qualify
have the opportunity to keep their protected status through at least
September 17, 2024. 

Meanwhile, on March 6, 2023, Politico reported
<[link removed]>
that the administration plans to also redesignate TPS for Nicaraguans in
the US, although the timeline for that development remains unclear. 

The anticipated TPS redesignation coincides with a new humanitarian
parole program that the Biden administration announced in January,
through which up to 30,000 migrants a month from Nicaragua, Cuba, Haiti,
and Venezuela can come legally to the US by commercial air. This program
was designed in part to respond to the record number of Nicaraguans who
attempted to reach the US last year. But beneficiaries are only granted
short-term relief, with no direct pathway to citizenship. 

There is no pathway to citizenship through TPS, either, but
historically, recipients have often been able to stay in the US for
years or decades through administrative extensions if their countries of
origin remain dangerous or unstable. 

That said, Nicaraguan TPS holders have faced an especially uncertain
future in recent years. Their country was first designated for TPS in
1999, following the devastation wrought by Hurricane Mitch. But the
former president, Donald Trump, announced in 2017 that his
administration would terminate TPS for Nicaragua, arguing that the
conditions caused by Hurricane Mitch no longer existed. 

However, subsequent litigation resulted in an injunction in Ramos v.
Mayorkas, preventing the rescission of TPS from Nicaragua and other
countries. A three-judge panel of the Ninth Circuit Court of Appeals
later lifted the injunction, and the plaintiffs entered into settlement
talks with the Biden Administration. 

Those settlement talks broke down in October 2022. One month later, the
Biden administration extended TPS for Nicaragua and other affected
countries until June 30, 2024, or 365 days after the conclusion of the
litigation, whichever comes later. 

Recently, the Ninth Circuit Court of Appeals granted a petition for an
en banc rehearing in this litigation.

**US Resettled 3,069 Refugees in February**The United States resettled
3,069 refugees
<[link removed]>
in February and is on track to resettle just 29,536 refugees for the
entire fiscal year, a drop in the bucket compared to a cap of 125,000
refugees the Biden administration had said it would welcome. 

Officials had previously failed to meet the same target of 125,000
resettled refugees last fiscal year, as embattled agencies faced
challenges rebuilding the US's refugee program after dramatic cuts
during the Trump administration. 

In January, the Biden administration announced
<[link removed]>
a new initiative to try to bolster its capacity for refugee resettlement
by allowing private citizens to directly sponsor refugees. Previously,
refugee resettlement in the US was largely managed by nine federally
funded nonprofits.

**Dreamers Planning Departures From the US Amid Policy's Unclear
Future**More than a decade after President Barack Obama created Deferred
Action for Childhood Arrivals (DACA), a growing number of Dreamers are
looking to leave the country
<[link removed]>
amid uncertainty about their and the program's future. 

DACA is an executive branch policy that temporarily protects
undocumented immigrants who came to the country as children from
deportation. But according to immigrant and community advocates, DACA
recipients - also known as Dreamers - have shown a heightened
interest during recent months in building a future abroad. This is in
part due to a federal appeals court's ruling in October, which found
that DACA is likely illegal and should be eliminated, forcing Dreamers
to face an increasingly tenuous legal situation in the US.  

Miguel, one recipient who plans on moving to Canada, said, "I still
consider myself a dreamer in the sense that I'm a DACA recipient, but
I'm done dreaming. I want a real life."

Even as DACA recipients plan on uprooting, independent analyses have
estimated that losing their contributions could cost the US economy
hundreds of billions of dollars in lost income and tax revenue. DACA
recipients and their advocates also say they are filling vital roles in
high demand, including as healthcare workers, teachers, and small
business owners.  

Homeland Security Secretary Alejandro Mayorkas says the Biden
administration has not given up on DACA recipients and does not want
them to abandon their American dreams. 

"We've sought to fortify the DACA program through our regulation, and we
are hopeful that the Supreme Court will recognize the integrity of the
DACA program and protect the Dreamers," Mayorkas said.

**Poll Shows Continued Support for Immigrants and Pro-Immigrant
Reforms**On March 8, the National Immigration Forum released new polling
data from the independent-minded research firm Bullfinch Group showing
Americans' broad, bipartisan support for immigrants and demonstrating
a clear public desire for common sense, pro-immigrant solutions to the
US's broken immigration system. 

More than three quarters of registered voters - including 74% of
self-identified Republicans - advocated for "Republicans and Democrats
working together on immigration reforms that strengthen border security,
allow immigrants brought to the United States as children to earn
citizenship, and ensure a legal, reliable workforce for America's
farmers and ranchers."

Over two-thirds also showed support for asylum seekers and refugees by
endorsing "the U.S. providing refuge for individuals and families
fleeing serious persecution and torture." And, perhaps most tellingly,
seven in ten US voters agreed that "welcoming newcomers to our
communities is an American value."

"More and more Americans want the kinds of solutions Congress began to
discuss late last year," said Jennie Murray, President and CEO of the
National Immigration Forum. "The administration and Congress should work
together in 2023 to make those solutions reality. Americans understand
that security and compassion can and should stand side by side."

****Legal****

**Florida Judge Orders End of Border Parole and Alternative to Detention
Policy**On March 8, a federal judge
<[link removed]>
in Florida ordered the Biden administration to stop its use of the
parole and alternative to detention policy
<[link removed]> that
had allowed border officials to more quickly process
<[link removed]>
migrants and asylum seekers, stoking concerns of increased pressure on
agents and overcrowding
<[link removed]>
at Customs and Border Protection facilities should the order take
effect. 

The parole and alternative to detention policy has helped Border Patrol
cut processing times by about an hour through a process that delegates
the responsibility of issuing a court notice to US Immigration and
Customs Enforcement instead of CBP, according to Aaron Reichlin-Melnick,
policy director at the American Immigration Council. 

With thousands of people arriving at the US-Mexico border each day, the
hour saved per person makes a major difference for CBP's processing
capacity. 

But in a 109-page decision, US District Judge T. Kent Wetherell II did
not mince words while criticizing the Biden administration's approach
at the US-Mexico border, arguing in part that officials "have
effectively turned the Southwest Border into a meaningless line in the
sand and little more than a speed bump for aliens flooding into the
country."

Wetherell's judgment vacating the parole and alternative to detention
policy was stayed for one week to allow the federal government to
appeal.

****State and Local ****

**Florida Legislators Introduce Immigration Package with Enforcement
Priorities Proposed by Gov. DeSantis **On March 7, Republican
legislators in Florida introduced a proposal
<[link removed]>
that would overhaul many of the state's laws related to immigrants and
potentially increase immigration enforcement in the state. 

The proposal (Senate Bill (S.B.) 1718
<[link removed]>
/ House Bill (H.B.) 1617
<[link removed]>)
includes most legislative priorities highlighted
<[link removed]>
by Gov. Ron DeSantis (R-Florida) in an immigration plan announced last
month. 

The bills would make it a third-degree felony to transport into or
within the state an individual who the person knows or reasonably should
know is undocumented and entered the US without inspection. They would
also make it illegal to conceal, harbor, or shield from detection
undocumented immigrants who entered without inspection. These particular
provisions are likely to raise significant concerns, as they may impact
faith groups, school bus drivers, and others who provide transportation
to immigrants.

The proposal would also prevent counties and localities from providing
identification documents to undocumented residents, prohibit the use of
driver's licenses issued by other states to undocumented immigrants,
prevent DACA recipients from becoming lawyers in the state, require
hospitals to collect patients' immigration information, and increase
fines to businesses for employing, recruiting, or referring undocumented
immigrants. 

The bill package, however, would not repeal access to in-state tuition
for the state's undocumented students. DeSantis included a repeal of
in-state tuition in his immigration plan, but the idea raised
significant concerns
<[link removed]>
from other Republican lawmakers.

**Texas Bill Would Restrict Access to Public Schools for Undocumented
Kids**Lawmakers in Texas are considering a bill
<[link removed]>
that would deny undocumented children access to a free public
education unless the federal government agrees to pay for it
<[link removed]>. 

SB 923, introduced by state Sen. Drew Springer (R-Texas), reflects
Governor Greg Abbott's (R-Texas) expressed desire
<[link removed]>
to stop schooling undocumented kids in his state. But its proposed
restrictions fly in the face of decadeslong Supreme Court precedent,
which clearly establishes that undocumented kids have the right to a
free public education. 

The bill is currently in committee, and its companion, HB 4668
<[link removed]>,
was introduced earlier this month. 

**Bill Giving Minnesotans Access to Driver's Licenses Signed Into
Law **On March 7, Minnesota Gov. Tim Walz
<[link removed]>
signed a bill into law that will give undocumented Minnesotans access to
driver's licenses, after state lawmakers passed the measureearlier
this year
<[link removed]>. 

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

**GOVERNMENT REPORTS**

**Congressional Research Service (CRS);****FEMA Assistance: Limited
English Proficiency and Equity**
<[link removed]>

**; Updated March 6, 2023**This report examines risks and barriers that
individuals with limited English proficiency encounter during or after
emergencies. It also details the Federal Emergency Management Agency's
responsibilities to communities with limited English proficiency and
recommends ways to better serve them.

**Congressional Research Service (CRS);****The Department of Homeland
Security: A Primer** <[link removed]>

**; March 7, 2023**This report provides background on "the mission,
structure, staffing, and funding" of the Department of Homeland
Security, including relevant historical information.

**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
US for most of their lives - with protection from deportation and an
opportunity to obtain legal status if they meet certain requirements.

**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.

**Journey to the US 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
traveling to the US - and consider what choices you would make.

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

 

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