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Legislative Bulletin — Friday, July 19, 2024

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

LEGISLATIVE FLOOR CALENDAR

UPCOMING HEARINGS AND MARKUPS

GOVERNMENT REPORTS

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

Trump Accepts Third-Straight Nomination for President, Announces Vance as VP pick, as Immigration Takes Center Stage at Convention

On July 18, Donald Trump accepted the Republican nomination for president in Milwaukee, Wisconsin, concluding four days of the Republican National Convention that featured immigration as a hot-button topic. 

Convention speakers spoke in favor of more enforcement at the U.S.’s southern border, while calling for deportations of recent arrivals and — at times — all undocumented immigrants. During the convention, the Trump campaign announced Sen. J.D. Vance (R-Ohio) as Trump’s running mate. Vance has previously voiced support for building a wall at the U.S.-Mexico border and conducting large-scale deportations, and he has said that he will “oppose every attempt to grant amnesty” to undocumented immigrants.

In a 90-minute nomination acceptance speech, the former president said he would “end the illegal immigration crisis by closing our border and finishing the wall.” Trump characterized migrants as dangerous, referring to most of them as criminals and saying they are “coming from mental institutions and insane asylums.” Both claims are false, as noted by fact checkers.  

Trump also indicated migrants are dangerous because they are coming “not just from South America, but from Africa, Asia, Middle East.” He tied immigration to economic issues, arguing that migrants are taking jobs “from our Black population, our Hispanic population… also taking them from unions.” Existing evidence shows that immigrants do not represent a threat to public safety any more than other segments of the U.S. population and help the economy and labor force grow.

Trump noted in his speech that the “Republican platform promises to launch the largest deportation operation in the history of our country,” indicating that his administration’s operation would be “larger than that of President Dwight D. Eisenhower,” a reference to a controversial and destructive removal program in the 1950s. Historians have documented the operation’s large-scale impact, leading to hundreds of thousands of deportations in sometimes inhumane conditions. 

During the third evening of the convention, blue and red signs calling for “Mass Deportations Now” were held by delegates on the convention floor. Mass deportations would have significant negative impacts on the U.S. economy and American communities.

Democrats will meet in mid-August for their convention, although speculation continues to mount that President Joe Biden may decide to leave the race.

Biden Administration Announces Start Date for Family Unity Program, Plans for Other Initiatives

On July 17, the Biden administration announced logistical updates to its new initiatives to preserve family unity, support Dreamers, and improve access to legal counsel in the immigration process. 

President Biden announced a new family unity process last month, which will allow undocumented spouses and stepchildren of U.S. citizens to remain stateside while they potentially apply for green cards. The administration said that program will launch on August 19, 2024, with around 500,000 noncitizen spouses and 50,000 noncitizen children likely eligible to participate.   

The Biden administration also announced new initiatives that try to expand opportunities and support for immigrant communities:

  • U.S. Citizenship and Immigration Services (USCIS) will expand its reach through a “USCIS to You” program, bringing immigration-related assistance into rural and underserved areas. This assistance could include naturalization interviews, oath ceremonies, customer service appointments, and information on immigration benefits. 
  • The Department of Justice’s Executive Office for Immigration Review (EOIR) is expanding access to legal representation by doubling the number of locations for their “Attorney of the Day” program. This program places volunteer lawyers in immigration courtrooms to help migrants with their initial immigration court hearings. The department is also creating a new staff role dedicated to finding more opportunities for legal representation within the immigration system. 
  • The Department of Education is issuing a proposed rule to expand the federal TRIO program to Dreamers, to help them transition successfully to college. The TRIO program provides low-income high school students with services, including college visits, tutoring, and applications assistance. This expansion would benefit an additional 50,000 students each year. 

Border Encounters Decline Following Biden Border ‘Shutdown,’ but Advocates Express Alarm Over Impact on Migrants Fleeing Harm

On July 16, the Department of Homeland Security (DHS) announced that migrant encounters at the U.S.’s southern border had dropped by over 50% in six weeks, with the Border Patrol’s seven-day average falling to around 1,900 encounters a day between ports of entry. 

DHS credited President Biden’s “Securing the Border” proclamation and related interim final rule for the decline, under which federal officials have returned or removed over 50,000 people to more than 100 countries, doubled processing through expedited removal, and decreased the number of people released with pending immigration court proceedings by 70%. Amid a bipartisan trip to Mexico City this week, Rep. Vicente Gonzalez (D-Texas) lauded the Biden administration’s new asylum restrictions and encouraged officials to keep them in place. 

“It’s been really, really impactful on our southern border,” Gonzalez said, according to Border Report. “And regardless of how you feel politically, you got to look at what the results have been. And they’ve been positive. And I think nobody can deny that.”

Yet, even as the number of border crossings decline, advocates and migrants are reporting increasingly desperate circumstances in Mexico. 

Those attempting to wait for a CBP One appointment — which allows people to enter legally at a port of entry, without being rendered ineligible for asylum — are now enduring longer delays, while at times being targeted for kidnapping and extortion. People who cross unauthorized are being quickly returned to Mexico or elsewhere without a chance to ask for protection, and without documentation clarifying what happened to them and what process they went through while in U.S. custody. 

Meanwhile, in California, unwontedly sweltering temperatures are creating life-threatening conditions for migrants and asylum seekers who cross — a dangerous  combination alongside the Biden administration’s new restrictions, since similar enforcement policies have historically encouraged migrants to take more difficult, remote paths to reach U.S. soil.

DHS Secretary Mayorkas Expands Temporary Protected Status for Somalia

On July 19, the Department of Homeland Security (DHS) announced an extension and redesignation of Temporary Protected Status (TPS) for Somalia, allowing around 600 Somalis to keep their deportation protections and work authorizations while another 4,300 may now potentially qualify. 

The 18-month extension and redesignation will cover Somalis from September 18, 2024, until March 17, 2026 — but only if they have continuously resided in the U.S. since at least July 12. 

“Armed conflict and widespread insecurity have harmed and displaced civilians in Somalia for years, exacerbated today by the ravages of famine, disease, and extreme weather,” said DHS Secretary Alejandro N. Mayorkas. 

“Granting protection through Temporary Protected Status ensures that Somalis already in the United States can reside and work here while these deteriorated conditions in Somalia continue.”   

The  announcement also included accompanying protections for Somali students in the U.S.  

State and Local

Concerns Over Lack of Available Immigration Counsel in U.S. South Amid SPLC Layoffs

Last month, the Southern Poverty Law Center (SPLC) laid off more than 70 workers and shuttered its Southeast Immigrant Freedom Initiative, saying the organization needed restructuring.

The SPLC’s decision to terminate an essential resource for immigrant detainees across the American South will likely result in more immigrants being detained long-term and eventually sent back to their home countries, even if they’re eligible for immigration relief. The sudden layoffs underscore the general dearth of immigration attorneys and resources in the South, despite the region increasingly becoming a destination for newcomers. 

D.C. Targets Unlicensed Mopeds, Immigrant Food Delivery Drivers Bear the Brunt of Crackdown

In June 2024, D.C. police launched a traffic enforcement campaign named “Operation Ride Right,” in response to an increase in unregistered mopeds in the city. 

The uptick in such mopeds is in part linked to migrant food delivery drivers. Police report that the crackdown led to 81 arrests, 161 infractions, and the impoundment of at least 273 scooters.  

Most of the arrests are for driving without a permit, a misdemeanor in D.C. Much like many states, D.C. offers driver’s licenses for undocumented immigrants, making driving with a permit possible regardless of immigration status.

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 Tuesday, July 23, through Friday, July 26, 2024. 

The U.S. House of Representatives is expected to be in session from Monday, July 22, through Thursday, July 25, 2024. 

UPCOMING HEARINGS AND MARKUPS

Here, we round up congressional hearings and markups happening in the field or in Washington.  

Latin America Forgotten: A Look at President Biden’s FY 2025 Budget Priorities

Date: Wednesday, July 24, 2024 at 10:00 a.m. EDT (House Foreign Affairs) 

Location: 2172 RHOB, Washington, D.C.

Witnesses:

The Honorable Brian Nichols, Assistant Secretary of State for Western Hemisphere Affairs, Bureau of Western Hemisphere Affairs, U.S. Department of State

The Honorable Julieta Valls Noyes, Assistant Secretary, Bureau of Population, Refugees, and Migration, U.S. Department of State

Mr. Michael Camilleri, Acting Assistant Administrator, Bureau for Latin America and the Caribbean, U.S. Agency for International Development

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. 

DHS Office of Inspector General (DHS OIG); Results of October 2023 Unannounced Inspections of CBP Holding Facilities in the El Paso Area; Published July 16, 2024

This report documents takeaways from unannounced inspections of five U.S. Customs and Border Protection (CBP) facilities in the El Paso area, including concerns raised around the length of stays for detainees in the El Paso Hardened Facility and Santa Teresa station and several non-compliance issues around medical support, hygiene, and bedding.

Congressional Research Service (CRS); Place-Based Visas: Overview and Issues for Congress; Published July 17, 2024

This report explores the viability of place-based visa programs in the United States, by citing similar programs elsewhere in the world and looking at existing programs in the U.S. with a geographic component.

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: 

The Myths and Truths of Noncitizen Voting in the United States

Noncitizens have been barred from voting in federal elections since 1924. This blog post explains the history of restrictions on noncitizen voting in the United States.

Explainer: The Biden Administration’s “Securing the Border” Interim Final Rule and Implementation of Border Policies

This explainer describes the “Securing the Border” interim final rule and its most significant changes to the U.S. asylum system, while providing context on how the policies are being implemented on the ground.

Explainer: The Biden Administration’s Announcement to Protect American Families

This explainer provides an overview of President Joe Biden’s executive actions to keep American families together.   

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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.

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