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.3409
Secure United States Bases Act
The bill would create a new “W” nonimmigrant visa category for foreign military students in training programs run by the Department of Defense and the Department of State. Foreign military students who pass extensive vetting protocols, including biometric information collection, a review of social media accounts, and the requirement of an official endorsement letter signed by the Intelligence Chief of the foreign government would be eligible for the visa.
Sponsored by Senator Rick Scott (R-Florida)(1 cosponsor – 1 Republican, 0 Democrats)
03/05/2020 Introduced in the Senate by Senator Scott
03/05/2020 Referred to the Senate Committee on the Judiciary
S. 3435
The bill would allow the director of Immigration and Customs Enforcement (ICE) to reclassify technical enforcement officers in tactical units on Tohono O’odham Nation lands as special agents. This would give the officers, commonly known as “Shadow Wolves,” more authority to investigate and track cross-border criminal activity.
Sponsored by Senator Kyrsten Sinema (D-Arizona)(1 cosponsor – 1 Republican, 0 Democrats)
03/11/2020 Introduced in the Senate by Senator Sinema
03/11/2020 Referred to the Senate Committee on Homeland Security and Governmental Affairs
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate will be in session the week of Monday, March 16, 2020.
The U.S. House of Representatives will not be in session the week of March 16, 2020.
UPCOMING HEARINGS AND MARKUPS
There are no immigration-related hearings or markups currently scheduled in the U.S. Senate or the U.S. House of Representatives.
THEMES IN WASHINGTON THIS WEEK
Federal
Trump Extends 30-day Travel Ban to Europe
In a televised address to the nation on March 11, President Trump announced the administration would respond to the COVID-19 coronavirus outbreak by banning travel to the United States from Europe for thirty days. The president said he was putting the ban in place “to keep new cases from entering our shores.” The proclamation itself clarified that the ban will apply to the 26 European countries in the Schengen Zone, which does not include Ireland or the United Kingdom. The ban will not apply to returning U.S. citizens, Lawful Permanent Residents (LPRs), or European trade and cargo. The new ban was issued in part under the same authority, section 212(f) of the Immigration and Nationality Act, that the administration has used for its previous travel ban, which was expanded to include six additional countries in February.
The European Union criticized the ban, saying they were “blindsided” by restrictions which could have dramatic economic consequences. European airline Norwegian Air has already chosen to suspend thousands of flights and furlough half of its total staff, with other airlines and travel companies following suit.
Coronavirus Spread Leading Immigrants, Immigration Officials to Ask for Answers
Both immigrants and immigration officials have faced confusion concerning how to act in the midst of the coronavirus outbreak. As advocacy groups continue to urge immigrants to seek medical care if they are exhibiting symptoms, Immigration and Customs Enforcement (ICE) officials have been reluctant to suspend all enforcement activities at or near hospitals and health care facilities, as they have during other emergency situations. In general, ICE does not engage in enforcement activities in “sensitive zones,” such as hospitals and schools, except in “exigent circumstances.” The Miami Herald reported on March 4 that ICE does not consider COVID-19 an “exigent circumstance.” Still, without a nationwide declaration from the Department of Homeland Security, undocumented immigrants may still fear seeking health care services.
The recently enacted “public charge” rule, which denies green cards to immigrants if they access certain federal benefits, has also caused confusion and trepidation for migrants who mistakenly fear future denial of status for their decision to access coronavirus treatment. On March 12, top immigration officials clarified that the public charge rule would not affect in any way those seeking care for the coronavirus. However, ICE has continued to require face-to-face meetings for immigrants who are waiting for their cases to proceed in court, including for elderly and high-risk populations. This decision has come despite recommendations from the Centers for Disease Control and Prevention (CDC) for high-risk populations to stay at home as much as possible.
Immigration officials have also experienced confusion regarding the best course of action during the outbreak. On March 8, the National Association of Immigration Judges wrote a letter to the administration asking for “immediate” guidance on the best course of action amid the outbreak. An immigration court in Seattle, Washington and a U.S. Citizenship and Immigration Services office in Tukwila, Washington have both closed their doors amid reported exposure to the virus.
Meanwhile, both President Trump and Acting Director of U.S. Citizenship and Immigration Services (USCIS) Ken Cuccinelli have both claimed that increased security at the southwest border, including physical barriers, will help curtail the spread of the virus. On March 10, CDC Chief Robert Redfield rejected this claim, noting that there was no indication that structural barriers could help halt the virus.
Legal
Supreme Court Allows “Remain in Mexico” Policy to Continue
On March 11, the Supreme Court issued a summary order allowing the Migration Protection Protocols (MPP), also known as the “Remain in Mexico” policy, to continue after an appeals court blocked the policy a week before. The lower-court’s earlier decision to block the policy in California and Arizona had been delayed until March 12 at the request of the Trump administration, giving the Supreme Court time to make an emergency ruling. The administration claimed the lower court’s decision would lead to a surge of asylum-seekers at the border, overwhelming Customs and Border Patrol (CBP) officers.
Prior to the Supreme Court’s decision, the administration announced that 160 military police would be sent to two major border crossings in El Paso and San Diego, in order to support border patrol in the event the MPP program was ended. The El Paso deployment was planned despite the fact that border sectors in Texas would not have been impacted by the decision.
MPP requires asylum seekers to wait in Mexico, usually in border towns or tent encampments, while their claims are being processed in the U.S. The policy continues to be litigated in the lower courts, and may still return to the Supreme Court in the future for a decision on whether it violates federal statutes.
Judge Rules Against USCIS in H-1B Decision
On March 5, a federal magistrate judge in North Carolina ruled in InspectionXpert Corporation v. Cuccinelli, that USCIS was wrong to deny an H-1B visa petition. USCIS had denied the petition by arguing the position in question did not qualify as a “specialty occupation” because it did not require a degree in a particular subspecialty. The judge found that the agency violated the Administrative Procedure Act and acted in an arbitrary and capricious manner, ruling that longstanding interpretation held that a “position can qualify as a specialty occupation even if it permits a degree in more than one academic discipline.” Further, applying a new standard in the recent Supreme Court decision Kisor v. Wilkie, the judge found that in this case, USCIS was not entitled to deference in its interpretation of its own regulations because a determination about a specific H-1B petition is not an official position of the agency but more of an “ad hoc” statement. H-1B visas are available only to applicants who hold a U.S. bachelor’s degree or the equivalent, and who have a job offer in an occupation that requires a bachelor’s or higher degree or requires application of a specialized body of knowledge.
The ruling could curtail USCIS denials of H-1B petitions based on a finding that a position fails to qualify as a specialty occupation moving forward. H-1B denial rates have more than quintupled in the past five years, rising from 6% in 2015 to 32% in 2019.
State and Local
Florida Senate Passes Compromise E-Verify Bill
A Florida bill requiring some employers to ensure their employees have work authorization has passed the state Senate and is headed to the desk of Governor Ron DeSantis. On March 12, the Florida Senate passed a “dialed-back” version of the bill, SB 664, which initially required all public and private employers to use an online DHS database called “E-Verify” to assist in checking potential employees’ work eligibility. However, the bill was heavily revised in the Florida House, notably dropping the E-Verify mandate for private employers and allowing them to instead keep a three-year record of employees’ I-9 form, a required statement of legal eligibility to work in the U.S.
Critics of the bill had argued that mandating E-Verify could put a heavy burden on small businesses and hurt major sectors of Florida’s economy that rely on undocumented workers.
GOVERNMENT REPORTS
There were no immigration-related government reports published the week of Monday, March 13, 2020.
SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES
Healthcare Sector: Immigrants are Indispensable to the U.S. Workforce
This fact sheet focuses on immigrants in the U.S. healthcare sector, highlighting key facts about their demographics and role in our workforce. These facts emphasize the role immigrants will play as first responders as the country deals with the coronavirus outbreak.
Immigrant Access to Driver’s Licenses
This factsheet shows the number of states that have thus far permitted undocumented drivers to obtain licenses. It also describes the public safety benefits of expanding access to driver’s licenses.
Public Charge Regulation Summary
This summary provides an overview of the Trump administration’s final rule that would redefine the meaning of the legal term “public charge.” Under the new, broadened definition of “public charge,” immigrants applying for a green card, an immigrant visa, or a temporary visa may be rejected if they have previously accessed or are deemed likely to rely on certain forms of public assistance. The new definition would not affect immigrants seeking treatment for coronavirus.
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*This Bulletin is not intended to be comprehensive. Please contact Danilo Zak, National Immigration Forum Policy and Advocacy Associate, with comments and suggestions of additional items to be included. Danilo can be reached at dzak@immigrationforum.org. Thank you.