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.
Federal
Biden, Trump Spar in First Presidential Debate of the General Election
On June 27, President Joe Biden and former President Donald Trump – the two leading presidential candidates – participated in the first of two scheduled debates before the election on November 5, 2024. Both candidates discussed their perspectives and ideas on the economy, foreign policy, health care, and immigration, among other topics.
On immigration, President Biden defended his approach to reduce unauthorized crossings and enhance border security. Trump, however, accused Biden of allowing millions of undocumented migrants into the country.
During their respective tenures as U.S. Presidents, Trump and Biden have presented markedly different approaches to immigration and its value to the United States. In an effort to help our readers understand the different positions on immigration between both candidates, the National Immigration Forum created a comparison chart that provides a top-level overview of eight immigration-related positions.
The next presidential debate is scheduled for September 10, 2024.
Biden Administration Extends and Redesignates Haiti for Temporary Protected Status (TPS)
On June 28, the Biden Administration announced the extension and redesignation of Haiti for Temporary Protected Status (TPS). The 18-month extension – effective August 4, 2024 – will allow over 116,500 Haitian TPS holders to retain their status through February 3, 2026. It also extends the protection to an estimated 309,000 Haitian nationals residing in the United States as of June 3, 2024.
In the announcement, Secretary of Homeland Security Alejandro Mayorkas said that the renewal of TPS for Haiti was appropriate in light of the difficult conditions in the country due to ongoing conflict and the continuing humanitarian crisis.
TPS is granted by DHS to eligible foreign-born individuals who are unable to return home safely due to violence or other circumstances in their home country.
Biden Administration Extends Employment Authorization for Certain TPS Beneficiaries
On June 20, U.S. Citizenship and Immigration Services (USCIS) announced the extension of the validity period of employment authorization documents issued to TPS beneficiaries from El Salvador, Honduras, Nepal, Nicaragua, and Sudan through March 9, 2025.
In the announcement, USCIS reminded TPS beneficiaries from these countries that the period to submit their re-registration applications ends on the following dates:
- El Salvador – March 9, 2025.
- Honduras – July 5, 2025.
- Nepal – June 24, 2025.
- Nicaragua – July 5, 2025.
- Sudan – April 19, 2025.
Legal
SCOTUS Rules No Fundamental Right for American Citizens to Live with Noncitizen Spouses in the US
On June 21, the U.S. Supreme Court ruled in a 6-3 decision that U.S. citizens do not have a fundamental right to live in the U.S. with their noncitizen spouses. The court decided against Sandra Muñoz, who argued that the government had violated her fundamental right to live with her spouse in the United States. Muñoz, a U.S. citizen sought a spousal visa for her husband Luis Asencio-Cordero, a Salvadoran national. In 2015, the U.S. consulate in El Salvador denied his visa application, arguing that his tattoos were considered gang-related. Muñoz sued, claiming that the denial violated her right to marriage and that her husband was not a gang member and had never committed any crimes.
The Supreme Court majority reasoned that Muñoz has the fundamental right to be married but no legal interest in her husband’s visa application as a third party. The court also said that Asencio-Cordero has no fundamental right for a federal court to review a U.S. consul’s visa decision as a noncitizen overseas. The Supreme Court dissent wrote that this ruling could impact people with limited access to legal and financial resources, as well as same-sex couples.
Circuit Court Reverses Decision on Diversity Visas
On June 25, the U.S. Court of Appeals for the District of Columbia Circuit reversed four district court decisions that ordered the State Department to reserve and adjudicate diversity visa cases from fiscal years 2020 and 2021.
This ruling stems from an extended process that started in 2020 when former President Donald Trump temporarily banned noncitizens from moving to the US on new immigrant visas. The ban forced the State Department to suspend the adjudication of visas for recipients subject to the immigration ban. The suspension caused approximately 40,000 of the 55,000 available diversity visas for FY 2020 to remain unissued by the September 30, 2020, deadline. One year later, on August 18, 2021, a federal district court ordered the U.S. State Department to reserve and adjudicate diversity visas that were unissued in that period.
The Court of Appeals for the District of Columbia Circuit ruled that the district court lacked authority to order this relief. Despite the ruling, the State Department announced that they will preserve the case records related to the diversity visas from that period until the litigation concludes.
The Diversity Visa Immigrant Program is designed to allow additional immigration opportunities to people from countries with relatively low rates of immigration to the U.S. Accessing a diversity visa is a multi-step process, which consists first of entering a computerized lottery which selects 55,000 individuals each year, and then a lengthy application, interview, and visa issuance stage before lottery winners can finally receive their green cards.
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.
Border Workforce Improvement Act
The bill would direct the Secretary of Homeland Security, in coordination with CBP, ICE, and USCIS to conduct an assessment of staffing needs at the southern border of the United States.
Sponsored by Representative Colin Allred (D-Texas) (3 cosponsors — 0 Republicans, 3 Democrats)
06/21/2024 Introduced in the House by Rep. Colin Allred
06/21/2024 Referred to the House Committees on Homeland Security and the Judiciary
H.R. 8803
Illegal Labor Accountability Act
The bill would triple civil penalties for employers who hire unauthorized migrants.
Sponsored by Representative Anna Paulina Luna (R-Florida) (4 cosponsors — 4 Republicans, 0 Democrats)
06/21/2024 Introduced in the House by Rep. Anna Paulina Luna
06/21/2024 Referred to the House Committee on the Judiciary
H.R. 8804
Family Reunification Act
The bill would require DNA testing of people claiming to have a familial connection with a child coming across the border, ultimately mandating the separation of the child if there’s not a positive match.
Sponsored by Representative Anna Paulina Luna (R-Florida) (4 cosponsors — 4 Republicans, 0 Democrats)
06/21/2024 Introduced in the House by Rep. Anna Paulina Luna
06/21/2024 Referred to the House Committee on the Judiciary
H.R. 8808
To amend the Homeland Security Act of 2002 to ensure access to appropriate temporary shelter, food, and water for individuals apprehended by U.S. Customs and Border Protection
Sponsored by Representative Elissa Slotkin (D-Michigan) (1 cosponsors — 1 Republican, 0 Democrats)
06/21/2024 Introduced in the House by Rep. Elissa Slotkin
06/21/2024 Referred to the House Committees on Homeland Security and the Judiciary
H.R. 8851
Strengthening Citizenship Services for Veterans Act
The bill would allow deported veterans who have successfully completed the preliminary naturalization process to attend their citizenship interview at a port of entry, embassy or consulate without navigating the complex process of parole.
Sponsored by Representative Juan Vargas (D-California) (5 cosponsors — 1 Republican, 4 Democrats)
06/26/2024 Introduced in the House by Rep. Juan Vargas
06/26/2024 Referred to the House Committee on the Judiciary
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate and U.S. House of Representatives are not expected to be in session the week of July 1, 2024.
UPCOMING HEARINGS AND MARKUPS
Here, we round up congressional hearings and markups happening in the field or in Washington D.C.
There are no hearings or markups scheduled for the week of July 1, 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.
DHS Office of Inspector General (DHS-OIG); Management Alert – CBP Has Limited Information to Assess Interview-Waived Nonimmigrant Visa Holders – (REDACTED); Published June 25, 2024
This DHS-OIG report highlights that CBP has limited information on whether the Department of State has interviewed nonimmigrant visa holders.
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 Future of U.S. Immigration: Trump and Biden on Key Immigration Policy Areas
This explainer provides a top-level chart with an overview of eight positions Trump and Biden have taken during their tenure as President and their general election campaigns.
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.
D-3 Waivers for the Three- and Ten-Year Bars of Dreamers
On June 18, 2024, the Biden administration announced administrative actions to make it easier for Dreamers and DACA recipients who have earned a degree at an accredited U.S. institution of higher education to become eligible for work visas in the United States.
Due to the Independence Day holiday, we will publish our next legislative bulletin on Friday, July 12, 2024.
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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.