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Legislative Bulletin — Friday, March 24, 2023

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.883

New Deal for New Americans Act

This bill would create a National Office of New Americans for the White House. It would establish a flat naturalization application fee, exempt U.S. high school graduates from naturalization exams, and change certain exam requirements for more senior individuals. The bill would also appropriate funding for U.S. Citizenship and Immigration Services (USCIS) and increase the refugee admissions level to 125,000 per year, among other reforms. The House companion, sponsored by Rep. Grace Meng (D-New York), is H.R. 1643. 

Sponsored by Sen. Edward J. Markey (D-Massachusetts) (1 cosponsor — 0 Republicans, 1 Democrat)

03/21/2023 Introduced in the Senate by Sen. Edward J. Markey

03/21/2023 Referred to the Senate Committee on the Judiciary

H.R. 1690

Regional Immigration Diplomacy and Enforcement (RIDE) Act

This bill would authorize the Secretary of State to negotiate agreements with countries of the Western Hemisphere regarding asylum and regional immigration enforcement.

Sponsored by Rep. Michael T. McCaul (R-Texas) (0 cosponsors)

03/22/2023 Introduced in the House by Rep. Michael T. McCaul

03/22/2023 Referred to the House Committees on Foreign Affairs and on the Judiciary

H.R.1698

American Families United Act

This bill would provide greater access to existing waivers for spouses and children of U.S. citizens who are inadmissible.

Sponsored by Rep. Veronica Escobar (D-Texas) (16 cosponsors — 1 Republican, 15 Democrats)

03/22/2023 Introduced in the House by Rep. Veronica Escobar

03/22/2023 Referred to the House Committee on the Judiciary

H.R.1701

Higher Education Dream Act

This bill would bar institutions with federal funding from refusing to admit, enroll, or give in-state tuition to students based on their immigration status. It would also expand federal financial aid to Dreamers.

Sponsored by Rep. Ruben Gallego (D-Arizona) (5 cosponsors — 0 Republicans, 5 Democrats)

03/22/2023 Introduced in the House by Rep. Ruben Gallego

03/22/2023 Referred to the House Committees on Education and the Workforce and on the Judiciary 

H.R.1760

To extend the admission to Guam or the Commonwealth of the Northern Mariana Islands for certain nonimmigrant H-2B workers

Sponsored by Del. James C. Moylan (R-Guam) (0 cosponsors)

03/23/2023 Introduced in the House by Del. James C. Moylan

03/23/2023 Referred to the House Committees on Natural Resources and on the Judiciary

LEGISLATIVE FLOOR CALENDAR

The U.S. Senate will be in session from Monday, March 27, through Friday, March 31, 2023.

The U.S. House of Representatives will be in session from Monday, March 27 through Thursday, March 30, 2023. 

UPCOMING HEARINGS AND MARKUPS

Budget Hearing – Fiscal Year 2024 Request for the Department of Health and Human Services

Date: Tuesday, March 28, 2023 at 10:00 a.m. ET (House Appropriations Committee)

Location: 2358C Rayburn House Office Building, Washington, D.C.

Witnesses:

The Honorable Xavier Becerra, Secretary, Department of Health and Human Services

Biden’s Growing Border Crisis: Death, Drugs, and Disorder on the Northern Border

Date: Tuesday, March 28, 2023 at 10:00 a.m. ET (House Homeland Security Committee)

Location: 310 Cannon House Office Building, Washington, D.C.

Witnesses: 

The Honorable Claudia Tenney, Member of Congress

The Honorable Mike Kelly, Member of Congress

The Honorable Brian Higgins, Member of Congress

The Honorable Pete Stauber, Member of Congress

Mr. Brandon Judd, President, National Border Patrol Council

Mr. Robert Quinn, Commissioner, Department of Safety, State of New Hampshire

Dr. Laura Dawson, Executive Director, Future Borders Coalition

The Honorable Andrew Arthur, Resident Fellow in Law and Policy, Center for Immigration Studies

An oversight hearing to examine the Department of Homeland Security

Date: Tuesday, March 28, 2023 at 10:00 a.m. ET (Senate Judiciary Committee)

Location: 216 Hart Senate Office Building, Washington, D.C.

Witnesses: TBA

Hearing on President Biden’s Fiscal Year 2024 Budget Request with Health and Human Services Secretary Becerra

Date: Tuesday, March 28, 2023 at 2:00 p.m. ET (House Ways and Means Committee)

Location: 1100 Longworth House Office Building, Washington, D.C.

Witnesses:

The Honorable Xavier Becerra, Secretary, Department of Health and Human Services

A Review of the President’s Fiscal Year 2024 Funding Request for the U.S. Department of Justice

Date: Tuesday, March 28, 2023 at 2:30 p.m. ET (Senate Committee on Appropriations)

Location: Dirksen Senate Office Building 192, Washington, D.C.

Witnesses: 

The Honorable Merrick Garland, Attorney General, U.S. Department of Justice

Budget Hearing – Fiscal Year 2024 Request for the Department of Justice

Date: Wednesday, March 29, 2023 at 9:30 a.m. ET (House Appropriations Committee)

Location: 2359 Rayburn House Office Building, Washington, D.C.

Witnesses: 

The Honorable Merrick Garland, Attorney General, U.S. Department of Justice

Budget Hearing — Fiscal Year 2024 Request for the Department of Homeland Security

Date: Wednesday, March 29, 2023 at 10:00 a.m. ET (House Appropriations Committee)

Location: 2362-A Rayburn House Office Building, Washington, D.C.

Witnesses: 

The Honorable Alejandro Mayorkas, Secretary, Department of Homeland Security

THEMES IN WASHINGTON THIS WEEK

Federal 

Border Encounter Numbers Remain Relatively Stable in February 

On March 15, U.S. Customs and Border Protection released enforcement numbers for February 2023 that showed sustained decreases in irregular border crossings amid the Biden administration’s recent reliance on country-specific parole programs, the CBP One mobile application, and an expansion of its Title 42 policy.

Last month, U.S. Border Patrol recorded 128,877 migrant encounters between ports of entry at the U.S.-Mexico border — the lowest number since February 2021. About a quarter of those encounters were with people who had previously tried to cross into the U.S. during the last year, as migrants who have been quickly expelled to Mexico under Title 42 are often making repeat attempts to reach safety and opportunity stateside. 

Meanwhile, nearly 23,000 Haitians, Cubans, Nicaraguans, and Venezuelans were able to access the Biden administration’s parole processes for those four nationalities in February, slightly under the 30,000 monthly cap for the new programs. Through CBP One, more than 20,000 people were able to secure Title 42 exceptions last month, despite reports of widespread confusion and frustration with the app.

CBP’s data release comes even as officials warn of a potential bump in large-scale migration at the U.S.’s southwest boundary on and after May 11, when the Title 42 public health order is expected to expire. But while monthly border numbers may temporarily increase later this year, the end of Title 42 processing will likely discourage repeat crossings long-term. 

On a similar note, a Wall Street Journal article from March 16 also presaged a forthcoming uptick in vulnerable migrants arriving at the U.S.-Mexico border, given record levels of travelers — almost 50,000 people — coming through the Darien Gap jungle during the first two months of 2023. 

Those making the dangerous trek through the rainforest between Panama and Colombia are ultimately destined for the U.S., the Journal reports. Thousands are from China, as more regular pathways such as nonimmigrant visas and commercial air travel to the U.S. have become harder to come by for Chinese nationals since the Covid-19 pandemic. 

Report: U.S. Needs Immigration Reform to Avoid Harm to Economy 

A recent report by the Biden administration’s top economic advisers says that boosting immigration and public spending on childcare, among other suggestions, could help reduce or prevent oncoming harm to the country’s economic growth. 

The annual report by the Council of Economic Advisers (CEA) describes the aging U.S. workforce and a decline in labor force participation that has created a significant decrease in the U.S. labor supply. 

The report acknowledges that while the Covid-19 pandemic was responsible for certain effects on the U.S. labor market, current hiring challenges cannot be primarily attributed to that. Instead, the report notes that the principal cause of a tight labor supply is demographic change. 

According to the CEA, the labor supply and U.S. economy will continue to be impacted unless efforts are put in place to counter these effects, including increasing immigration flows and legalizing the status of those already in the country without work authorization. 

The report adds that immigrants and their descendants will make up the “vast majority” of the growth in working age people and “offset the aging demographics […] without a big impact on the wages and employment of the existing population.”

DHS Debuts ‘Operation Blue Lotus’ to Crack Down on Fentanyl Trafficking 

On March 13, the Biden administration launched “Operation Blue Lotus” to catch illegal drugs — and especially fentanyl — entering the U.S. along its southern border. 

The new operation incorporates more targeted inspections, using federal officials, canine units, and advanced technology to crack down on drug traffickers and help build criminal cases against transnational criminal organizations. 

During its first week, Operation Blue Lotus stopped over 900 pounds of fentanyl — along with over 700 pounds of methamphetamines, and more than 100 pounds of cocaine — from reaching the U.S., according to a statement from the Department of Homeland Security. 

Statistics show that fentanyl-related overdoses have spiked in recent years, causing great alarm and tragedy across the country. Meanwhile, research suggests the vast majority of fentanyl smuggled into the U.S. is brought by American citizens through ports of entry. 

U.S. and Canada Update Safe Third Country Agreement Around Asylum Seekers 

According to a document filed with the Federal Register on March 24, the United States and Canada have decided to expand an existing agreement that allows officials in both nations to turn back asylum seekers at their shared land border. 

The U.S. and Canada have long had a “Safe Third Country Agreement,” where asylum seekers from other countries who try to travel to Canada from the U.S. or vice versa can be denied refuge and returned across the border, with limited exceptions. But while those turnbacks used to primarily take place at ports of entry, the new protocol will let them occur across the U.S.’s entire northern border with Canada, cracking down on a recent uptick of irregular crossings in both directions. 

Over 39,000 asylum seekers crossed between ports of entry into Quebec last year, NPR reports, as migrants who originally set their sights on the U.S. have increasingly been moving onto Canada amid difficulties stateside. 

The number of migrants arriving at the U.S.’s northern border is also reportedly on the rise, as people with the means to do so have started flying legally to Canada before crossing south for a better chance at avoiding the Biden administration’s Title 42 policy. 

The new rule is expected to take effect early on Saturday, May 25, according to the Federal Register.

GOVERNMENT REPORTS

U.S. Government Accountability Office (GAO); Maritime Security: Coast Guard and CBP Efforts to Address Prior GAO Recommendations on Asset and Workforce Needs; March 23, 2023

This statement from Heather MacLeod, director of GAO’s Homeland Security and Justice team, explores Coast Guard and U.S. Customs and Border Protection resources and challenges around maritime security. 

U.S. Department of State; 2022 Country Reports on Human Rights Practices; March 20, 2023

The Department of State released its annual Country Reports on Human Rights Practices, which in part underscore the “compounding impacts of human rights violations and abuses” on marginalized individuals who are also disproportionately affected by the negatives of migration and other challenges.

SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES

Florida’s Immigration Enforcement Legislation: Five Key Concerns

This resource provides key information about the legislative package Republican lawmakers in Florida introduced on March 7, 2023.

Mexico’s Asylum System: Good in Theory, Insufficient in Practice

This paper details Mexico’s asylum system — its progress and deficiencies — amid the Biden administration’s proposed rule that would push migrants to apply for asylum elsewhere, including in Mexico.

Room to Grow: Setting Immigration Levels in a Changing America

This National Immigration Forum paper proposes an evidenced-backed approach to setting overall immigration levels based on addressing demographic realities. The paper argues the country will need more immigrants in order to continue to thrive and beat back the looming ill effects of demographic decline.

* * *

*This Bulletin is not intended to be comprehensive. Please contact Alexandra Villarreal, 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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