Welcome to the National Immigration Forum’s weekly bulletin! Every Friday, our policy team rounds up key developments around immigration policy in Washington and across the country. The bulletin includes items on the legislative, executive, and judicial branches, as well as some coverage at the state and local levels.
Here’s a breakdown of the bulletin’s sections:
DEVELOPMENTS IN IMMIGRATION THIS WEEK
BILLS INTRODUCED AND CONSIDERED
SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES
DEVELOPMENTS IN IMMIGRATION THIS WEEK
Immigration policy is a dynamic field subject to constant change. Here, we summarize some of the most important recent developments in immigration policy on the federal, legal, state, and local levels.
Content warning: This section sometimes includes events and information that can prove disturbing.
Federal
Biden Administration Incentivizes CBP One Appointments Amid Record Migrant Encounters
In December, U.S. Customs and Border Protection (CBP) documented over 300,000 migrant encounters — a record high — at the United States’ southern border, early reports on preliminary monthly data suggest.
U.S. Border Patrol apprehended around a quarter of a million people who crossed without authorization, while roughly 50,000 more newcomers were set to be processed at official ports of entry, CBS News reported on December 31.
All told, around 302,000 migrant encounters took place at the U.S.-Mexico border last month, according to ABC News and Fox News. Yet recently, a “pretty significant reduction in border crossings” has occurred, one administration official said, easing the pressure on border authorities who just a few weeks ago had been struggling to keep up with over 10,000 daily encounters.
Meanwhile, the Biden administration is trying to incentivize migrants and asylum seekers to hunker down in Mexico and wait for an appointment through the federal government’s CBP One app instead of crossing the border irregularly, using quicker work authorization as a draw. In Brownsville, El Paso, and San Ysidro, U.S. Citizenship and Immigration Services (USCIS) is hosting a pre-registration program for people who enter through CBP One to learn about work authorization and secure work permits, with many actually receiving their employment ID cards in as little as four weeks.
“It’s a game changer,” Kari Lenander, executive director of Border Servant Corps, told USA Today.
Biden officials are also working with their Mexican counterparts to address the increase in migrant arrivals, after a meeting between Mexican President Andrés Manuel López Obrador, U.S. Secretary of State Antony Blinken, and U.S. Homeland Security Secretary Alejandro Mayorkas last month was deemed “productive” and yielded nondescript “important agreements.”
Mexican officials will come to D.C. this month to further discuss migration. But López Obrador has also suggested that U.S. policymakers should focus on helping the region’s poor “instead of putting up barriers, barbed wire fences in the river, or thinking about building walls.”
Senate Negotiations Over Border-Ukraine Compromise Continue During Holiday Recess
On January 3, Sen. Kyrsten Sinema (I-Arizona) said that a bipartisan group of Senate negotiators were “closing in” on a new border security compromise, even as many House Republicans signaled they would reject any deal that did not resemble the draconian restrictions in their signature border proposal, H.R. 2.
Sinema said that it would be “reasonable” to share details of a package when her Senate colleagues return from the holiday recess next week, while Sen. Chris Murphy (D-Connecticut) — another lead negotiator — said that the bipartisan group has now reached “the point where we’re working through text.”
But while the senators have been trying for weeks to land a deal that could secure aid for Ukraine in its war against Russia in exchange for controversial new border restrictions, some House GOP members have recently started to move the goalpost, demanding border security changes to avoid a looming government shutdown instead.
That, in turn, has prompted Homeland Security Secretary Alejandro Mayorkas to caution that “this is all about solutions, not making the problem worse by taking away the funding that our public servants rely on to do their work in the service of the American people.”
At the same time, House Speaker Mike Johnson has effectively taken a position of H.R. 2 or bust, making potential aid to Ukraine contingent on passing sweeping legislation that’s a non-starter for the Democratic-controlled Senate and White House. Johnson was among the more than 60 House Republicans who visited the border town of Eagle Pass, Texas, on Wednesday, as the GOP increasingly spotlights migration as an issue going into this year’s elections.
Some politicians have gone so far as to say they’re unlikely to support any border bill that could let President Joe Biden score a win.
“Let me tell you, I’m not willing to do too damn much right now to help a Democrat and to help Joe Biden’s approval rating,” Rep. Troy Nehls (R-Texas) told CNN. “I will not help the Democrats try to improve this man’s dismal approval ratings. I’m not going to do it. Why would I?”
Even in the Senate, reports suggest that any compromise will focus almost exclusively on enforcement, without addressing the critical need for more humane, orderly immigration pathways. That restrictions-only approach could not only hurt migrants, but also the U.S. economy, experts warn.
“As border security negotiations continue in Congress, our leaders have the choice to deliver solutions that not only strengthen our national security but also meaningfully address labor challenges — starting with expanding channels for legal immigration,” Stephanie Martz, chief administrative officer and general counsel at the National Retail Federation, wrote in the Messenger.
“Our economy remains resilient largely because of the contributions of immigrants. But without an expansion of safe and legal migration channels, our economy could fall short. Congress must address the need to expand legal migration and increase employment-based immigration. That would relieve pressure in the supply chain and help American businesses reach their full potential.”
Legal
DOJ Sues Over Texas’s S.B. 4
On January 3, the Department of Justice (DOJ) made good on its earlier threat to sue Texas over S.B. 4, a new state law set to go into effect on March 5 that would create state-level crimes for irregular border crossings and allow state judges to approximate deportation orders.
S.B. 4’s provisions “intrude on the federal government’s exclusive authority to regulate the entry and removal of noncitizens, frustrate the United States’ immigration operations and proceedings, and interfere with U.S. foreign relations,” the DOJ’s complaint argued.
It’s “clearly unconstitutional,” said Associate Attorney General Vanita Gupta, in part because Texas “cannot adopt immigration laws that interfere with the framework enacted by Congress.”
S.B. 4 is also facing a legal challenge from El Paso county and the pro-immigration organizations Las Americas Immigrant Advocacy Center and American Gateways, with legal support from the American Civil Liberties Union, the ACLU of Texas, and the Texas Civil Rights Project. Meanwhile, it’s already stoking fear and distrust of law enforcement among Texas’s immigrant communities, while drawing comparisons to Arizona’s former “show me your papers” policy that led to widespread racial profiling against Latinos.
In fact, even before the new law takes effect, U.S. citizens along the Texas-Mexico border say they’ve been swept up and wrongfully targeted by Texas Gov. Greg Abbott’s (R) yearslong border crackdown, Operation Lone Star. In a new report, NPR member station KTEP shares how — on the way home from visiting relatives in Mexico — Gerardo Ayala’s Chevy was boxed in and rammed by two unmarked trucks. Then, men in tactical vests pointed semi-automatic rifles at his family — him, his wife, their 13-year-old daughter, and her grandmother.
“When they started coming out with their guns, the first thing I did was look back, you know, to my daughter and my mom,” said Alejandra Lopez, Ayala’s wife. “I mean, they were the first things that I thought about. I saw her little face scared. I had never seen her face so scared.”
Ayala is already raising alarms about the potential dangers of S.B. 4. “How is this not going to affect us?” he asked. “It’s going to affect every single individual here in the borderland, everyone.”
Separately, the DOJ has sparred with Abbott’s administration over whether Border Patrol agents can remove razor wire placed by the state along the Rio Grande to deter migration. On Tuesday, the department asked the Supreme Court to intervene after a federal appeals court blocked U.S. immigration officials from cutting through the hazards.
“Like other law-enforcement officers, Border Patrol agents operating under difficult circumstances at the border must make context-dependent, sometimes split-second decisions about how to enforce federal immigration laws while maintaining public safety,” DOJ officials argued. “But the injunction prohibits agents from passing through or moving physical obstacles erected by the State that prevent access to the very border they are charged with patrolling and the individuals they are charged with apprehending and inspecting.”
Biden Administration Creates Specialized Dockets for Children and Teens
On December 21, U.S. Immigration and Customs Enforcement (ICE) and the Executive Office for Immigration Review (EOIR) announced that they had created specialized dockets to more effectively safeguard vulnerable youth who are navigating the U.S.’s byzantine immigration system.
Through juvenile dockets in 49 immigration courts nationwide, federal officials will now try to more effectively detect child exploitation or human trafficking concerns and help eligible kids and teens access pathways to safety.
“Juvenile points of contact will be trained to recognize common indicators of these crimes in order to seek engagement by our ICE colleagues to provide protection and support to these children when needed, while ensuring fair adjudication of their cases before the court,” ICE Principal Legal Advisor Kerry E. Doyle said in a statement.
“This new initiative is for the well-being of children throughout their immigration proceedings.”
A related EOIR memorandum similarly provides immigration judges with general guidelines on how to engage with children in their courts, including by facilitating counsel, telling kids about any legal relief for which they may qualify, and using child-appropriate language during opening statements.
Advocates say the new dockets are a step in the right direction toward protecting young migrants.
“The U.S. immigration court system is fundamentally designed for adults, not children,” Jason Boyd, senior director of policy at Kids in Need of Defense, told KERA. “Historically, it has failed to take proper account of unaccompanied children’s unique vulnerabilities.”
State and Local
Migrants Take Trains From New Jersey to Circumvent New York Mayor’s Bussing Restrictions Amid New Lawsuit
On January 4, New York sued 17 transportation companies for over $700 million in damages around the costs of caring for migrants brought to the city through Texas Gov. Greg Abbott’s (R) bussing scheme.
“Gov. Abbott’s continued use of migrants as political pawns is not only chaotic and inhumane, but makes clear he puts politics over people. Today’s lawsuit should serve as a warning to all those who break the law in this way,” New York Mayor Eric Adams (D) said.
The lawsuit comes shortly after Adams implemented a new emergency executive order that imposes new rules on charter bus companies carrying migrants, including setting time limits around when buses are allowed to arrive and requiring manifests with passenger details.
Some buses have seemingly tried to circumvent the restrictions by dropping off migrants bound for New York City in New Jersey instead, where they’ve been met with an icy welcome. According to the Associated Press, Edison Mayor Sam Joshi has threatened “to charter a bus to transport the illegal migrants right back to the southern Texas/Mexican border.” Similar confrontations are taking place in Chicago suburbs, where interstate signs read “NO MIGRANT BUSES THIS EXIT.”
By contrast, in Erie, Pennsylvania, Mayor Joe Schember is urging more immigrants to come, in part to work and bolster the community’s diversity. “We have a lot of companies, nonprofits, that work on this. We have some government agencies that support this as well and help people get settled, both state and local individuals,” he said.
“We can of course always use more, but we’re very proud of what we’ve got to let people, help people settle in and become part of Erie.”
BILLS INTRODUCED AND CONSIDERED
It can be challenging to keep up with the constant barrage of proposed legislation in Congress. So, every week, we round up new bills. This list includes federal legislative proposals that have recently been introduced and that are relevant to immigration policy.
Please follow this link to find new relevant bills, as well as proposed legislation from past weeks.
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate is expected to be in session from Monday, January 8 through Friday, January 12, 2024.
The U.S. House of Representatives is expected to be in session from Tuesday, January 9 through Friday, January 12, 2024.
UPCOMING HEARINGS AND MARKUPS
Here, we round up congressional hearings and markups happening in the field or in Washington.
Havoc in the Heartland: How Secretary Mayorkas’ Failed Leadership Has Impacted the States
Date: Wednesday, January 10, 2024 at 10:00 a.m. EST (House Homeland Security)
Location: 310 Cannon House Office Building, Washington, D.C.
Witnesses: TBA
The Impact of Illegal Immigration on Social Services
Date: Thursday, January 11, 2023 at 10:00 a.m. EST (House Judiciary)
Location: TBA
GOVERNMENT REPORTS
Reports by bodies such as the U.S. Government Accountability Office, the Congressional Research Service, and the Department of Homeland Security’s Office of Inspector General provide invaluable information on immigration policy and practice. Here, we give brief summaries of new immigration-related reports, with links to the resources themselves in case you want to learn more.
Congressional Research Service (CRS): Temporary Protected Status and Deferred Enforced Departure; Published December 11, 2023
This CRS report provides an overview of TPS and DED. According to the report, there are currently 16 countries under TPS designations. As of September 30, 2023, approximately 697,530 foreign nationals from the following countries who were living in the United States were protected by TPS: Afghanistan, Burma, Cameroon, El Salvador, Ethiopia, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, and Yemen. Certain Liberians and residents of Hong Kong living in the U.S. currently maintain relief under DED.
Congressional Research Service (CRS): Permanent Employment-Based Immigration: Labor Certification and Schedule A; Published December 20, 2023
This CRS report provides an overview of labor certification and Schedule A. The INA’s labor certification provisions require employers to demonstrate that there are insufficient U.S. workers and that the foreign national’s employment will not adversely affect wages and conditions for similar U.S. workers. DOL implements this process through the Program Electronic Review Management (PERM) labor certification managed by DOL’s Employment and Training Administration (ETA). Schedule A is a list of occupations for which DOL has pre-certified the existence of a national labor shortage, and for which labor certification is not required.
U.S. Immigration and Customs Enforcement (ICE); ICE Annual Report; Published December 29, 2023
This report details the operations of ICE’s directorates during the 2023 fiscal year, when the agency removed over 142,000 noncitizens and was detaining nearly 37,000 people at the end of September.
SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES
The Forum is constantly publishing new policy-focused resources that engage with some of the most topical issues around immigration today. Here are a few that are particularly relevant this week:
Environmental Migration: Finding Solutions for the 21st Century
This new paper explores environmental migration as a potential method of adaptation. First, it analyzes environmental migration as a phenomenon, focused on some of the nuances that make weather- and climate-related forces complicated yet influential factors in the decision to move. Then, it considers existing international mechanisms and U.S. laws that could potentially relate to environmental migration. It briefly discusses how immigrant and diasporic communities are especially vulnerable to environmental harms, even after they have already migrated. Finally, it concludes with policy recommendations on how the U.S. (and other countries) could effectively respond to environmental migration in the 21st century.
Parole in Place: A Possibility for Administrative Protection
This paper explores parole in place as a potential tool to provide undocumented people with access to temporary protections in the United States.
Bill Analysis: The Secure the Border Act of 2023
H.R. 2 would severely restrict the right to seek asylum in the U.S., curtail other existing lawful pathways, place unnecessary pressure on border communities, intensify labor shortages faced by small businesses and essential industries, establish new criminal penalties, and make other significant changes to U.S. immigration law.
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*This Bulletin is not intended to be comprehensive. Please contact Alexandra Villarreal, Senior Policy and Advocacy Associate at the National Immigration Forum, with comments and suggestions of additional items to be included. Alexandra can be reached at avillarreal@immigrationforum.org. Thank you.