DEVELOPMENTS IN IMMIGRATION POLICY THIS WEEK
BILLS INTRODUCED AND CONSIDERED
LEGISLATIVE FLOOR CALENDAR
UPCOMING HEARINGS AND MARKUPS
GOVERNMENT REPORTS
SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES
DEVELOPMENTS IN IMMIGRATION POLICY 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.
Legal
Immigrants’ Rights Groups File Lawsuit Against New Asylum Rule and Proclamation
On June 12, the American Civil Liberties Union (ACLU) and four other organizations filed a lawsuit against the presidential proclamation and related interim final rule that significantly limits access to the right to seek asylum at the U.S.’s southern border.
The lawsuit – filed in the U.S. District Court in Washington, D.C. – aims to stop the proclamation that suspends and limits entry for migrants and asylum seekers whenever the number of encounters hits 2,500 or more over a seven-day daily average. During these emergency procedures, most people are ineligible for asylum, with narrow exceptions. And, if someone wants to claim protection in the U.S., they must affirmatively manifest their fear to be screened for lesser relief at a higher initial standard.
The suing organizations argue that “the administration lacks unilateral authority to override Congress and bar asylum based on how one enters the country, a point the courts made crystal clear when the Trump administration unsuccessfully tried a near-identical ban.”
Federal
Biden Administration Considers Parole-in-Place for Immigrant Spouses of U.S. Citizens
This week, various reports highlighted that the Biden administration is considering executive action to provide protection from deportation and work permits to some undocumented immigrants in the U.S. who are married to U.S. citizens.
Among the ideas to protect the spouses of U.S. citizens, the administration is considering granting them parole-in-place (PIP). Parole-in-place allows individuals already inside the United States who are present without admission to be paroled into the country for a temporary period. Those receiving PIP are eligible for work authorization and do not accrue unlawful presence during their parole period. PIP also allows family members to apply for immigration benefits they may be eligible for that require a lawful entry into the U.S., specifically by exempting them from the three- and ten-year unlawful presence grounds for inadmissibility. In general, PIP allows noncitizens, on a case-by-case basis, to be granted the ability to temporarily live and work in the country without fear of deportation.
According to the reports, the parole-in-place initiative – which would benefit over 1.1 million undocumented people in the U.S. who are spouses of American citizens – could be announced as early as next week.
As DACA Reaches Twelfth Anniversary, Future of the Program Remains in Limbo
On June 15, the Deferred Action for Childhood Arrivals (DACA) program — created in 2012 via executive action — reached its twelfth anniversary. As many DACA recipients have relied on the program to build lives and start families in the U.S., the program continues to face a legal challenge that has put their status at risk and hindered the ability of first-time DACA applicants to receive adjudications on their cases.
On July 16, 2021, a District Judge in Texas issued a ruling holding DACA to be unlawful and preventing U.S. Citizenship and Immigration Services (USCIS) from approving new DACA applications. However, noting the reliance interest of current DACA recipients, the judge temporarily stayed the injunction for individuals who obtained DACA on or before July 16, 2021, permitting DACA renewals. The Biden administration appealed the decision that found DACA unlawful to the U.S. Court of Appeals for the Fifth Circuit, where the appeal remains pending.
DACA provides work permits and protection from deportation to certain undocumented individuals who came to the United States as children. DACA recipients — who can renew their status every two years — are also able to lawfully obtain Social Security numbers and state identification cards or driver’s licenses. DACA does not provide lawful status and it does not provide a pathway to permanent status, such as a green card or citizenship. According to USCIS, as of June 2024, there are 528,000, current DACA recipients in the United States.
Mexico’s Government Continues Busing Migrants Heading to the United States from Northern to Southern States
Since January, migrant encounters at the U.S.-Mexico border have decreased around 54% compared to December 2023. Among the many factors driving down immigration, Mexico’s government’s controversial tactics to deter migration to the north have been pivotal. Several reports this week highlighted that Mexico’s federal government has been busing migrants from northern to southern Mexico after facing pressure from the United States. In addition, Mexico has been implementing strict highway migration checkpoints, which were declared unconstitutional by Mexico’s Supreme Court in 2022.
Mexico’s short-term solution raises safety concerns because migrants have reported cases of abuse and extortion by Mexican officials. Critics also pointed out the policy’s circularity, because migrants who are extorted in northern Mexico are bused to the south, where they reattempt their journey to the U.S.-Mexico border without less resources than before, subcumming to further abuse.
State and Local
U.S. District Court Hears Arguments Regarding Iowa’s Controversial Immigration Law
On June 10, a federal district court heard arguments from the U.S. Department of Justice and Iowa’s Attorney General regarding a requested injunction against a new law that would expand the power of local police to arrest people believed to have crossed the border without authorization.
The law, signed by Governor Kim Reynolds (R-Iowa) in April, is expected to go into effect on July 1 unless the court blocks it. The challenged law is a similar to Texas’s Senate Bill 4, which has been temporarily blocked, and another in Oklahoma, which the DOJ is seeking to stop.
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.
H.R. 8652
To direct the Secretary of Homeland Security to establish a pilot program to hire transitioning servicemembers to be Border Patrol agents
Sponsored by Rep. Mike Carey (R-Ohio) (1 cosponsor – 0 Republicans, 1 Democrat)
06/07/2024 Introduced in the House by Rep. Mike Carey
06/07/2024 Referred to the House Committees on Homeland Security, Armed Services, and Veterans’ Affairs.
H.R. 8670
To amend the Immigration and Nationality Act to modify the time at which age is assessed for the purpose of determining whether an alien is an immediate relative
Sponsored by Rep. Ilhan Omar (D-Minnesota) (3 cosponsors – 0 Republicans, 3 Democrats)
06/07/2024 Introduced in the House by Rep. Ilhan Omar
06/07/2024 Referred to the House Committee on the Judiciary
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate will be in session the week of Monday, June 17, except for Wednesday, June 19.
The U.S. House of Representatives is not expected to be in session the week of Monday, June 17, 2024.
UPCOMING HEARINGS AND MARKUPS
Here, we round up congressional hearings and markups happening in the field or in Washington.
No immigration-related hearings or markups are scheduled for the week of June 17, 2024.
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.
U.S. Department of Homeland Security Office of Inspector General (DHS-OIG); DHS Needs to Improve Its Screening and Vetting of Asylum Seekers and Noncitizens Applying for Admission into the United States; June 7, 2024
The report contains five recommendations aimed at improving DHS’ screening and vetting of asylum seekers and noncitizens.
U.S. Government Accountability Office (GAO); DHS Hiring: Additional Actions Needed to Enhance Vetting Processes Across the Department; June 11, 2024
This GAO report provides hiring recommendations for DHS to ensure that candidates are vetted in a timely manner.
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:
Q&A: The Biden Border Proclamation
This Q&A describes President Joe Biden’s proclamation and its impact, with an eye toward its legality and its effect on vulnerable populations.
Parole in Place: A Possibility for Administrative Protection
Parole in place (PIP) allows individuals already inside the United States who are present without admission to be paroled into the country for a temporary period. This explainer provides an overview of PIP and how a presidential administration can exercise its authority to protect certain undocumented individuals in the U.S.
Q&A: Birthright Citizenship
This Q&A explains the history of birthright citizenship and its significance in the United States.
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*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 at acastellanos@immigrationforum.org. Thank you.