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
S. 206
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 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
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 cosponsors)
02/01/2023 Introduced in the Senate by Senator Lankford
02/01/2023 Referred to the Senate Committee on the Judiciary
S. 243
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 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
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 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
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 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
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 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
To reimburse the States for border security expenses
Sponsored by Representative Dan Crenshaw (R-Texas) (11 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
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 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
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 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
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 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
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 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
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 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
Mobilizing Against Sanctuary Cities
The bill would preclude sanctuary cities from receiving federal funds.
Sponsored by Representative Jeff Duncan (R-South Carolina) (12 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
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 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
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 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 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 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. 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 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 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 that it would terminate the Covid-19 public health emergency on May 11 — and consequently end 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 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” 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 – would be part of a new proposed rule 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 from advocates and several Democratic lawmakers. On February 8, Senators Alex Padilla (D-California) and Senate Majority Whip Dick Durbin (D-Illinois) sent a letter 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, President Biden denied 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 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 initiative focuses on good governance and labor rights to create more and better economic opportunities in these three countries. Specifically, Harris’s initiative 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 launched on May 27, 2021. Since then, businesses and social enterprises have invested more than $4.2 billion in the Northern Triangle.
Biden Administration Announces Plans of Pilot for Stateside Visa Renewal
A February 9 Bloomberg Law report 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 immigrant visa applicants waiting for an interview at U.S. consulates – a 635% increase from the 2019 average of 60,866.
According to a DOS spokesperson, the stateside renewal option does not require the DOS to issue new regulations. She also explained 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 222 political prisoners and sent them to the United States, which admitted them under humanitarian parole. In a press release, Secretary of State Antony Blinken highlighted 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 by President Daniel Ortega, who has increasingly suppressed political dissent, violently cracked down on protests, shut down hundreds of nongovernmental organizations, and held hundreds of political prisoners. These human rights violations have drawn global condemnation and led to U.S. sanctions. 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, more than 200,000 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 a hearing 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 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.
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 urging the U.S. Supreme Court to dismiss Title 42 -related litigation currently pending before Court. Title 42 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 that the end of the public health emergency on May 11 — announced on January 31 — would terminate the Title 42 order and would moot the case.
In the brief, DOJ noted 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 that the end of the COVID-19 public health emergency does not necessarily implicate Title 42.
The case, Huisha-Huisha v. Mayorkas, stems from a lawsuit challenging Title 42. On November 15, a D.C.-based federal judge found 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 to allow Title 42 to remain in effect 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 for this case for March 1.
State & Local
NYC Government Buses Migrants Seeking Asylum to Canada
A February 8 New York Times report 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.” NYC Mayor Eric Adams (D) highlighted that his administration was not compelling people to leave, but simply buying tickets for asylum seekers wishing to relocate elsewhere.
Canadian officials expressed “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 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 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 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; 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; 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; 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; 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; 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
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
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
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 acastellanos@immigrationforum.org. Thank you.