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
Federal Court Halts “Keeping Families Together” Program
On August 26, a federal court in Texas temporarily halted the Biden administration’s “Keeping Families Together” parole-in-place program. The program, launched on August 19, allowed certain undocumented spouses and stepchildren of U.S. citizens to live and work legally in the United States for up to three years and apply for a green card without having to leave the country.
The court’s administrative stay stems from a complaint filed by Texas and fifteen other Republican-led states challenging this program. On September 4, the court extended the pause until at least September 23. During this period, the U.S. Department of Homeland Security (DHS) can still receive applications, but they cannot make any adjudications.
Fifth Circuit Will Hear Arguments on DACA on October 10
On August 29, the U.S. Court of Appeals for the Fifth Circuit announced a date for oral arguments in the case challenging Deferred Action for Childhood Arrivals (DACA). The hearing is scheduled for October 10 in New Orleans.
The case, Texas v. United States, arises from a lawsuit brought by Texas and nine other Republican-led states challenging the legality of DACA. In 2021, Judge Hanen had ruled against the legality of an earlier version of DACA as it was set out under the Obama administration in 2012. In 2023, Hanen found that an updated 2022 version of the program created through Biden administration rulemaking was similarly unlawful. The decisions continued to bar new and pending applications to the program (which has largely been in place since 2017), but it stayed the rulings for the approximately 600,000 current DACA recipients, allowing them to temporarily continue receiving and renewing their existing protections. The current litigation before the Fifth Circuit concerns the legality of the updated 2022 DACA rule.
DACA was created by the Obama administration in 2012 and allows undocumented individuals brought to the United States as children to apply for deferred action, protecting them from removal and affording them work authorization. DACA applicants are required to pass background checks and prove that they arrived in the U.S. as minors under sixteen years of age before June 2007. Over 500,000 individuals currently benefit from DACA. However, DACA does not provide recipients with a path to permanent legalization. The 2022 version of DACA closely resembles the 2012 version of the program, but utilized formal rulemaking to help fortify the program against legal challenges.
Federal
Biden Administration Restarts CHNV Program with Enhanced Sponsor Vetting
On August 29, the Biden Administration resumed the program that offers parole on a case-by-case basis to Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV) who apply to temporarily live and work in the United States with the support of U.S.-based sponsors, who agree to financially support the parolees for the duration of their stay. The lawful temporary pathway is intended to serve as an alternative to irregular migration at the U.S.-Mexico border by nationals of these countries.
The CHNV program was temporarily suspended in July after an internal DHS report raised flags around suspicious behavior by sponsors who are meant to support new arrivals financially. The report identified multiple applications from single sponsors and other potential fraudulent or misleading conduct by sponsors. In response to the concerns in the report, DHS announced it will implement new security vetting to ensure potential sponsors are not taking advantage of federal parole programs or the vulnerable people trying to access them.
U.S. Refugee Program Arrivals Increased Significantly in August
The U.S. resettled 9,520 refugees in August. That is the second-highest monthly arrival total for FY2024. The eleven-month total of refugee arrivals for FY2024 is 84,271 refugees.
While the U.S. is not on track to reach its target of 125,000 arrivals in FY2024, the increase in pace bodes well as the end of the fiscal year approaches on September 30. If the U.S. were to resettle 9,520 refugees again in September, it would resettle 93,791 refugees for FY2024. To resettle 100,000 refugees, the U.S. would need to resettle 15,729 refugees in September. It is fairly common to see the highest number of monthly arrivals in the last month of the fiscal year. Continuing this pace in September would mark the highest levels of resettlement in nearly three decades, with the U.S. last resettling 90,000 refugees in FY1995.
Panama Expands U.S.-Funded Deportation Flights as Brazil Restricts Migrant Travel
On August 22, Panama announced new, extra-hemispheric destinations for its U.S.-funded deportation flights, including China and India. U.S. support for the flights was part of a July 2024 U.S.-Panama pact seeking to reduce Panama’s increasingly significant transit point for migrants attempting to reach the U.S. southern border.
Panamanian authorities planned to return 70 people to India in early September, as the Darién Gap jungle passage connecting Colombia to Panama as migrants from around the world have increasingly spught to travel through that arduous terrain on the way to the United States.
Panama’s President Jose Mulino also said he would continue repatriations to Colombia and add flights to Ecuador, whose citizens represent the second-largest migrant demographic in the area (the first is Venezuelans).
At the same time, Brazil is cracking down on migrants transiting through the country on the way north, sending those from India and China who don’t have required visas to their home countries or other destinations.
State & Local
Texas AG Raids Homes of Latino Civil Rights Group Members and Political Activists
On August 20, Texas Attorney General Ken Paxton authorized raids of the homes of several Latino Democrats and civil rights leaders in South Texas. The raids specifically targeted the homes of a state House candidate, a mayor, members of the Tejano Democrats, and members of the League of United Latin American Citizens (LULAC), the nation’s oldest Latino civil rights group.
In response, LULAC sent a letter to the Justice Department requesting to investigate Paxton’s office for Voting Rights Act violations. It contended that the raids were an unlawful attempt to suppress Latino voters in Texas, explaining that the targets were engaged in lawful voter registration and voter engagement efforts. The organization is accusing Paxton’s office of carrying out illegal searches based on baseless allegations of voter fraud. In addition, on August 26, civil rights leaders and state legislators protested outside Paxton’s San Antonio office. Paxton has characterized the raids as being part of an election integrity investigation.
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.
Sponsored by Rep. Kat Cammack (R-Florida) (0 cosponsors)
08/23/2024 Introduced in the House by Rep. Kat Cammack
08/23/2024 Referred to the House Committee on Homeland Security
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate is expected to be in session from Monday, September 9 through Friday, September 13, 2024.
The U.S. House of Representatives is expected to be in session from Monday, September 9 through Thursday, September 12, 2024.
UPCOMING HEARINGS AND MARKUPS
Here, we round up congressional hearings and markups happening in the field or in Washington.
The Biden-Harris Border Crisis: Victim Perspectives
Date: Tuesday, September 10, 2024, at 10:00 am E.T. (House Judiciary Committee)
Location: 2141 Rayburn House Office Building, Washington, D.C.
Witnesses: TBA
The Biden-Harris Border Crisis: Noncitizen Voting
Date: Tuesday, September 10, 2024, at 2:00 pm E.T. (House Judiciary Committee)
Location: 2141 Rayburn 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.
U.S. Government Accountability Office (GAO); Priority Open Recommendations: Department of Homeland Security; Publicly Released August 26, 2024
This report reviews the authors’ priority recommendations, including those already implemented by the Department of Homeland Security (DHS) and 11 more made last month.
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.
Explainer: The Biden Administration’s “Securing the Border” Interim Final Rule and Implementation of Border Policies
This explainer describes the “Securing the Border” interim final rule and its most significant changes to the U.S. asylum system, while providing context on how the policies are being implemented on the ground.
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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.