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
SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES
DEVELOPMENTS IN IMMIGRATION THIS WEEK
Federal
Harris, Trump Talk Immigration at First Debate
On September 10, Donald Trump and Kamala Harris sparred amid their first – and perhaps only – presidential debate of the campaign season. Both candidates discussed their perspectives on the economy, foreign policy, health care, and immigration, among other topics.
The debate was marked by controversial comments from Trump, who referred to the immigrant communities in the United States in a pejorative manner. After the debate, a number of pro-immigration organizations expressed concern over the consequences of spreading misinformation about immigrants.
Harris, on the other hand, focused on law enforcement and her past role as a prosecutor in a border state who went after transnational criminal organizations.
In a post-debate statement, the National Immigration Forum’s president and CEO, Jennie Murray, said that “Americans do not want chaos and divisiveness on an issue that calls for solutions.
“Voters strongly prefer candidates who talk about border and immigration solutions over those who use dehumanizing language against immigrants. In that light, leaders must come to this conversation ready to find solutions that honor our values and elevate both security and compassion.”
The weekend before the debate, Trump similarly made headlines for his rhetoric toward immigrant communities when he alluded to his controversial plan for mass deportations.
“And ya know getting them out will be a bloody story,” Trump said, according to Newsweek. “[They] should have never been allowed to come into our country.”
Congressional Funding Effort, Including Voter Restrictions, Loses Steam
On September 11, House GOP leadership was forced to delay a vote on funding to keep the government open beyond the end of the month, after members of their own caucus opposed their plan to pair a six-month continuing resolution with voter restrictions that are supposedly intended to target noncitizen voting.
The former president and Republican presidential nominee, Donald Trump, had pushed his party to link the Safeguard American Voter Eligibility (SAVE) Act with the must-pass spending bill, despite the former’s redundancy in a system of laws that already prohibits noncitizen voting in federal elections. In many ways, the SAVE Act is more likely to have a negative effect on Americans who are eligible to vote but don’t have the required identification to prove citizenship under the legislation, as opposed to deterring noncitizens from voting — an already vanishingly rare phenomenon.
House Speaker Mike Johnson (R-Louisiana) said he would continue to urge his Republican colleagues toward consensus on the legislative package over the weekend. At the same time, the Democratically-controlled Senate has said they won’t take up the spending bill with the voting restrictions attached, and the Biden administration has already threatened a veto.
Detainees Kept in ICE Custody Even After Winning Cases
On September 10, immigration advocates and attorneys sent a letter raising serious concerns about the regular occurrence of prolonged and potentially unconstitutional immigration detention among individuals who have already won protection under U.S. immigration laws.
The letter described how — contrary to long-time written policy — U.S. Immigration and Customs Enforcement (ICE) has continually held people granted humanitarian protection in detention while ICE’s attorneys decide whether to appeal the immigration judge’s ruling. The agency is also keeping people behind bars as officials try to find another country that will accept them for deportation, a byzantine and fraught process that rarely bears out.
Ultimately, these practices mean that detainees are languishing in custody long-term for no real purpose, instead of being reunified with their communities, the letter argues.
The attorneys and advocates highlight the especially tragic case of Frankline Okpu, who in December 2023 died under ICE’s care after he was detained for months despite being granted protection based on the high probability he would be tortured if removed to his home country of Cameroon.
Elsewhere, a new report indicates that ICE is also neglecting its legal responsibilities to provide translation services during especially important moments, such as when detainees need to translate sensitive documents, or when they attempt to access medical care.
Biden Administration Considers Expanding Existing Asylum Restrictions
On September 4, CBS News reported that the Biden administration is considering whether to make it even harder for aggressive asylum restrictions at the U.S.-Mexico border to lift, as the policy change has coincided with a swift decline in irregular migrant crossings — and has caused much suffering for asylum seekers caught in its crosshairs.
The “Securing the Border” proclamation and related interim final rule were instituted in June to mostly end asylum access and eligibility for anyone without a pre-scheduled appointment to report to a port of entry through the federal government’s CBP One phone application.
The new restrictions have raised serious human rights concerns, as migrants and asylum seekers have been trapped for many months in dangerous situations waiting in Mexico while they try to access CBP One appointments. Those who can no longer wait and make the difficult decision to cross without an appointment are reportedly being told by U.S. officials that there is no asylum anymore, and now, people who have been deported back to their home countries under these harsh policies are in hiding to avoid the persecution they had fled.
Even so, as the federal government makes moves to finalize the regulation behind these shifts at the border, officials are reportedly considering whether to deactivate their partial ban on asylum only if irregular border crossings remain fewer than a seven-day average of 1,500 for 28 days. Under the interim final rule, the suspension and limitation on entry would lift 14 days after migrant encounters hit a seven-day daily average of fewer than 1,500, as long as the seven-day daily average remained below 2,500 during those subsequent two weeks.
According to CBS News, these complicated calculations around deactivating the asylum restrictions would now also include all unaccompanied children (many of whom are not currently part of the count), adding more people to the tally and making it even harder to return to normal border processing.
Report: Refugee Cap to Remain 125,000
On September 6, Reuters wrote that — according to an internal report for Congress members — the Biden administration intends to keep its annual refugee resettlement cap at 125,000 for the upcoming fiscal year.
For much of President Biden’s first term, his annual ceilings for refugee resettlement have been more aspirational than practical, as the United States has struggled to welcome high numbers of refugees after the former Trump administration dismantled a large swathe of the U.S.’s resettlement infrastructure.
But in fiscal year 2024, the federal government has at least inched closer to resettling around 100,000 refugees — a marked improvement, and a hopeful sign going into fiscal year 2025.
State and Local
Ohio Town Thrust in Spotlight Over Harmful Immigration Narratives
On September 12, City Hall, an elementary school, and other buildings in Springfield, Ohio, underwent a bomb threat by someone who “used hateful language towards immigrants and Haitians in our community,” the city’s mayor said, as Haitians there have been afraid to leave their homes after unsubstantiated and harmful rumors demonizing them became a national fixation this week.
The Haitian community in Springfield has grown rapidly in recent years, in many ways revitalizing the city while also posing challenges to existing infrastructures and services that were ill-equipped to welcome as many as 20,000 new residents. Then, pre-existing tensions within the city came to a head last year when a Haitian driver recklessly struck a school bus and killed 11-year-old Aiden Clark.
Soon after, townspeople started asking local leaders discriminatory questions about the entire Haitian community, such as whether the newcomers were rapists or criminals, and how the city could stop people from arriving. Yet, as Aiden’s story has now been told and retold nationally, his parents have pleaded for their son’s legacy to be left alone.
“I wish that my son, Aiden Clark, was killed by a 60-year-old white man. I bet you never thought anyone would say something so blunt, but if that guy killed my 11-year-old son, the incessant group of hate-spewing people would leave us alone,” said Nathan Clark, Aiden’s father. “The last thing that we need is to have the worst day of our lives violently and constantly shoved in our faces, but even that’s not good enough for them. They take it one step further. They make it seem that our wonderful Aiden appreciates your hate, that we should follow their hate.”
Even so, some politicians and media outlets have capitalized on the situation in Springfield to peddle ugly rumors about the local Haitian community, which in turn has fueled such an outpouring of threats that Haitian children are afraid to go to school and adults are too terrified to run everyday errands.
“I’m going to have to move because this area is no longer good for me,” said one community member. “I can’t even leave my house to go to Walmart. I’m anxious and scared.”
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.
In addition, here is a relevant bill from last year that’s receiving renewed attention.
H.R.5717
No Bailout for Sanctuary Cities Act
This bill would define the term “sanctuary jurisdictions” and prohibit them from receiving federal funds “intend[ed] to [be] use[d] for the benefit” of undocumented immigrants.
Sponsored by Rep. Nick LaLota (R-New York) (35 cosponsors — 35 Republicans, 0 Democrats)
09/26/2023 Introduced in the House by Rep. Nick LaLota
09/26/2023 Referred to the House Committee on the Judiciary
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate is expected to be in session from Monday, September 16 through Friday, September 20, 2024.
The U.S. House of Representatives is expected to be in session from Tuesday, September 17 through Friday, September 20, 2024.
UPCOMING HEARINGS AND MARKUPS
Here, we round up congressional hearings and markups happening in the field or in Washington.
A Country Without Borders: How Biden-Harris’ Open-Borders Policies Have Undermined Our Safety and Security
Date: Wednesday, September 18, 2024 at 10:00 a.m. EDT (House Homeland Security)
Location: 310 Cannon House Office Building, Washington, D.C.
Witnesses: TBA
Oversight of Homeland Security Investigations
Date: Wednesday, September 18, 2024 at 10:00 a.m. EDT (House Judiciary)
Location: 2141 Rayburn House Office Building, Washington, D.C.
Witnesses: TBA
Business Meeting
Date: Wednesday, September 18, 2024 at 10:00 am. EDT (Senate Homeland Security and Governmental Affairs)
Location: Senate Dirksen Building, SD-342, Washington, D.C.
Related Items: H.R.1060, H.R.1098, H.R.1555, H.R.272, H.R.3254, H.R.3608, H.R.3728, H.R.4403, H.R.4467, H.R.5476, H.R.5527, H.R.5640, H.R.5712, H.R.5887, H.R.5985, H.R.599, H.R.6073, H.R.6174, H.R.6651, H.R.7192, H.R.7199, H.R.7219, H.R.7423, H.R.7524, H.R.7525, PN1152, PN1153, PN1154, PN1571, PN1572, PN1623, PN1624, PN1626, PN1627, S.1171, S.2546, S.3946, S.4043, S.4077, S.4294, S.4321, S.4373, S.4419, S.4495, S.4630, S.4631, S.4651, S.4654, S.4656, S.4667, S.4672, S.4675, S.4676, S.4679, S.4681, S.4697, S.4698, S.4700, S.4711, S.4715, S.4716, S.59
Beyond the Border: Terrorism and Homeland Security Consequences of Illegal Immigration
Date: Thursday, September 19, 2024 at 10:00 a.m. EDT (House Homeland Security)
Location: 310 Cannon House Office Building, Washington, D.C.
Witnesses: TBA
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.
Congressional Research Service; “Unaccompanied Alien Children: An Overview;” Updated September 5, 2024
This report provides information around unaccompanied migrant children’s increased migration over the last decade and the U.S. government’s response to it, while giving a general overview of the U.S. agencies involved in care for these children.
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:
Texas v. the Biden Administration: How Recent Lawsuits Have Redefined the Federal Immigration Agenda
This paper explores how Texas has used the courts to upend the Biden immigration agenda, with major ramifications for federal officials, human rights advocates, and immigrants themselves.
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.
Immigrant Construction Workers in the United States
Construction is one of the key United States industries that cannot satisfy their labor needs with native-born U.S. workers alone. To secure an immigrant labor flow to meet the needs of the U.S. in this industry, there must be stronger employment-based pathways to enter the country.
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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.