Immigration Policy Update

Congress Passes “Emergency” Spending Bill for Border Security

August 12, 2010

On August 12, the Senate, convened in a special “pro forma” session, passed by acclamation a bill (H.R. 6080) providing for $600 million dollars for “emergency supplemental appropriations for border security.”  The House passed the bill on August 10 in a special session convened for an unrelated matter.   An identical bill passed the Senate earlier, on August 5, just before the Senate left for its August recess.  However, since the Senate was proposing to pay for the enforcement resources with new fees on certain companies and the House is supposed to originate revenue-generating legislation, the House took the Senate bill, put a new House Resolution number on it, and sent it back to the Senate.    This latest enforcement-only proposal ...

Policy Update for July 9, 2010

July 09, 2010

Congress will be returning from recess next week after the 4th of July week holiday.  Since the last update, there have been no new policy developments from Congress.  In fact, a recent headline in the Capitol Hill paper Roll Call proclaimed, “Senate is Legislative Graveyard” [subscription required].  Some enterprising Washington souls are even offering tours for tourists, pointing out the headstones of prominent pieces of legislation that have died this year.  (OK, just kidding on that last bit.)   There have, however, been plenty of administrative developments.   Department of Justice Files Suit Against Arizona   On July 6th, the U.S. Department of Justice filed a lawsuit to stop the implementation of Arizona’s SB 1070 law.  In a release ...

What’s Happening with Immigration Reform?

June 15, 2010

Since the introduction of a “framework” for immigration reform at the end of April, there has not been much to report in terms of movement in Congress towards comprehensive immigration reform.  In the Senate, no Republican has signed on to the effort, and the Democrats have not converted their “framework” into legislation.  In the House, CIR ASAP has received more co-sponsors since its introduction in December (it now has 97), but no bill has been considered in Committee, and the House does not plan to move until a bill has been passed in the Senate. Coming up in the Senate is consideration of a Supreme Court nominee.  The Judiciary Committee will begin hearings at the end of the month.  Also coming up are elections.  We are in the midst ...

Enforcement Amendments Thwarted on Supplemental Appropriations

June 15, 2010

Appropriations season is approaching, but we’ve already been treated to a teaser in the form of a supplemental appropriations bill that recently passed the Senate. The bill was drafted to provide funds for costs related to the wars in Afghanistan and Iraq.  Supplemental appropriations bills have a way of becoming loaded with various politicians pet projects.   Senator John McCain (R-AZ) is better known as a critic of the “pork-barrel” projects that get tacked on to “emergency” spending bills, but this year he is in a tough primary fight against immigration hardliner J.D. Hayworth, so he has a pet project of his own: border enforcement.  He offered an amendment to have 6,000 National Guard troops deployed to the southern border.   That ...

USCIS Proposes Fee Increase

June 15, 2010

On June 11, U.S. Citizenship and Immigration Services published a Proposed Rule to adjust the schedule of fees for immigration benefits.  After it completed its latest fee review earlier this year, USCIS proposed to increase fees, on average approximately 10%.  Some fees will go up much more, and some fees will be decreased. Since the last fee increase in 2007, USCIS has heard from many advocates expressing concern that the fee for an application for naturalization is set too high for some low-income immigrants and is discouraging immigrants from applying for citizenship.  In the new proposed fee schedule, USCIS has decided to retain the current fee for naturalization ($595, though the cost of biometric services will be increased by $5 ...

Refugee Act Gets a Hearing

June 15, 2010

The Refugee Protection Act of 2010, a bill introduced in the Senate by Patrick Leahy (D-VT) and Carl Levin (D-MI), received a hearing in the Senate Judiciary Committee on May 19.  Among other things, the bill would eliminate the one-year waiting period before refugees and asylum seekers can apply for permanent residence.  It would also attempt to fix a problem with current law where some refugees and asylum seekers are denied protection because of a broad interpretation of material support and terrorism bars.  Certain vulnerable groups will be eligible for expedited adjudication as refugees. The Refugee Council USA has information connected to the hearing on its Web site, including a link to the Judiciary Committee Web page about the ...

Arizona Update

June 15, 2010

The Department of Justice has not yet announced whether it will file a law suit against the State of Arizona to SB 1070 from taking effect.  Meanwhile, a number of other lawsuits have been filed challenging the law.  Friendly House v. Whiting, filed by the American Civil Liberties Union, the Mexican American Legal Defense and Educational Fund, and the National Immigration Law Center on May 17 on behalf of several organizations and individuals, is a class action lawsuit alleging that SB 1070 is a usurpation of federal authority to enforce immigration laws.  On April 29, another class action lawsuit was filed by the National Coalition of Latino Clergy and Christian Leaders.  More information on these and other lawsuits, including links to ...

Democrats Unveil “Conceptual Proposal” for Immigration Reform

April 30, 2010

(To read this in Spanish, click here.) On Thursday, Senate Majority Leader Harry Reid, along with Assistant Senate Majority Leader Dick Durbin, Senate Judiciary Committee Chair Patrick Leahy, Immigration Subcommittee Chair Chuck Schumer, and Senators Dianne Feinstein and Bob Menendez held a press conference to release a “Conceptual Proposal for Immigration Reform.” For months, Senators Schumer and Lindsey Graham (R-SC) have been in discussions about the contents of an immigration reform bill.  In the past couple of weeks, Senator Graham has backed away from support of immigration reform, insisting that climate change legislation, something he has also been working on (with Senators Kerry and Lieberman), come up first in the Senate. With ...

Congress Returns from Recess

April 14, 2010

Congress is returning this week from a two-week break.  There is still no comprehensive immigration reform bill in the Senate, where we expect action to take place first.  It is still true that Senators Schumer and Graham are taking the lead on forging an agreement that can serve as a legislative starting point.  Before the break, the two Senators published an op-ed in the Washington Post laying out a “framework”—or as much of a framework as would fit in a 750-word op-ed. If the Senators follow through with the work that has begun, we expect they will introduce a bill that will have at its core a legalization program for the 11 million undocumented immigrants living in this country.  What is wrapped around that core is the subject of the ...

Schumer, Graham Publish Framework for Immigration Reform Legislation

March 19, 2010

Just in time to answer an anticipated crowd of thousands of immigration reform advocates who will be descending on Washington this weekend, Senators Charles Schumer (D-NY, head of the Senate’s Immigration Subcommittee) and Lindsey Graham (R-SC) have published their “framework” for immigration reform.  Their collective ideas for fixing the immigration system appeared as an op-ed in the Washington Post on March 19.  The two Senators have been involved in discussions about immigration reform legislation for months. The elements of the framework, as described in the op-ed, include a biometric social security card, to be carried by all workers, to prevent unauthorized workers from getting jobs.  There would be more personnel, infrastructure, ...

Flurry of Meetings Precede Washington March

March 19, 2010

With time running out before a major pro-immigration reform march in Washington, there was a flurry of meetings last week with President Obama.  There was a meeting with immigrant rights leaders from grassroots, labor, and faith organizations, who reminded the President that immigration raids and other enforcement actions continue to tear apart families, workplaces, communities, and congregations.  They asked the President to be more engaged on comprehensive immigration reform this spring.  For his part, the President reiterated his “unwavering commitment” to immigration reform. Next, he met with Senators Schumer and Graham, who shared their agreed-upon framework on comprehensive reform legislation (see above).  The Senators also asked the ...

Policy Update: With Reform Stuck, Advocates Gear Up for Washington March

March 04, 2010

Since the last update, there has been no concrete action on immigration reform legislation.  The leadership in Congress has been pre-occupied with figuring out the meaning of the Republican victory in the special election in Massachusetts to replace the late Senator Edward Kennedy.  The economic crisis and high unemployment has increasingly become the focus of Congressional attention, and there is still the unfinished business of health care reform. The Massachusetts Election – Reform Still Depends on Bipartisanship:  While Democrats have lost their (more theoretical than real) filibuster-proof majority, the impact of the switch of one D for one R doesn’t much matter for immigration reform.  From the beginning of this Congress, it was ...

Policy Update: Budget and Appropriations

March 04, 2010

The Administration submitted its budget for Fiscal Year 2011 in February, and Congress has begun to hold hearings on the Administration’s request.  Some budget highlights: U.S. Citizenship and Immigration Services:  The administration is asking for appropriations as part of its “fee reform” initiative begun in the last budget.  It is asking for appropriations to pay for the processing of refugee and asylum applications ($207), for Systematic Alien Verification for Entitlements (SAVE) ($34 million), and for the Office of Citizenship ($18 million).  Currently, these functions are funded through the Examinations Fee Account, which is the account that comes from the collection of fees from immigration applications.  Refugees are not charged a ...

Policy Update: The Past Year in Immigration Policy and Next Steps

January 05, 2010

Congress is out for its end-of year recess.  The House will return the week of January 11 and the Senate will return the following week. With the Senate having finally passed a health care reform bill, the Senate and the House will work this month to reconcile their respective versions of the bill.  The reconciled version must then go back to the House and Senate for a final vote before being sent on to the President.  The new goal is to finish before the President’s State of the Union speech.  (The date for which has not yet been set.) Through the entire first session of the 111th Congress, the timeline for immigration reform repeatedly slipped, as the health care debate dragged on.  Despite the partisan gridlock that has characterized ...

Gutierrez Proposal Sets a Marker for Reform

December 16, 2009

On December 15, Representative Luis Gutierrez (D-IL) introduced legislation to reform our immigration laws.  The Comprehensive Immigration Reform for America’s Security and Prosperity Act (CIR ASAP) represents an important step in getting Congress to act to fix our broken immigration system next year.  Below is a thumbnail sketch of the contents of the bill.   Legalization:  The bill would legalize undocumented immigrants, provided they register with the government, pass a criminal background check, pay a fine, show they’ve paid their taxes, and learn English and U.S. civics.  They would be allowed to adjust to permanent status after the current immigration visa backlog clears (estimated to be six years).  Immigrants who would be covered ...

Legislative Update for November 4, 2009

November 04, 2009

We have just passed the anniversary of the 2008 election—one that was marked by high expectations for change.  What we have learned in the interim, on the legislative front, is that there are still too many Members of Congress who are invested in the status quo on a range of issues.  Tackling the big challenges that face the country has for too long been a job for the next Congress, and it is unclear whether there are enough solutions-oriented members in this Congress to break out of the old pattern.   They are still trying, but there are only about 20 or 25 legislative days left in this session of Congress.  Leaders in both the House and the Senate are still working to finalize the health care reform proposals that they will send to the ...

Legislative Update for October 1, 2009

October 01, 2009

Health Care: The Senate Finance Committee has been slogging through some 500 amendments on the health care bill.  As of this writing, there have been two amendments considered that relate to immigration.  Both would have required a government-issued photo ID in order to claim benefits under the bill.  Both were defeated on party-line votes.   The Finance Committee should be finished considering amendments by Friday.  Next, the bill will be “scored” by the Congressional Budget Office (which calculates the ultimate cost of the bill) and the Committee will take a final vote.  The Finance Committee bill will then be reconciled with another health care reform bill passed by the Senate Health, Education, Labor, and Pensions (HELP) Committee.  ...

Waiting for Bipartisanship

September 18, 2009

Watching the health care debate unfold in the Senate has been a little like being in a Samuel Beckett play.  The Finance Committee Chair has given in on a number of issues in order to attract Committee Republicans.  This has been going on for weeks.  Some of the compromises made have been in response to anti-immigrant extremists—those who, for example, have insisted that health care reform proposals being considered would give taxpayer-subsidized health insurance to undocumented immigrants.  (They are not eligible under any proposal.)  The “Chairman’s Mark” would even prohibit undocumented immigrants from purchasing insurance in the proposed state insurance exchanges.  (And this appears to be in response to White House efforts to prevent ...

Legislative Update for September 18, 2009

September 18, 2009

Gutierrez signals intent to introduce reform legislation: At a gathering of advocates in Washington for the Unity in Motion Citizenship Day activities coordinated by the National Korean American Service and Education Consortium (NAKASEC) and the Center for Community Change/Fair Immigration Reform Movement (CCC/FIRM), Representative Luis Gutierrez (D-IL) announced his intention to introduce a comprehensive immigration reform bill in the House.  At the rally, the Congressman said that, while bipartisanship has its place, there must be a bill that says what advocates want in an immigration reform bill—a progressive bill that incorporates the DREAM Act, reunites families, and includes a generous legalization program.  Enforcement must be ...

Immigration Reform Moves a Notch

August 24, 2009

On August 20, DHS Secretary Janet Napolitano and staff from the White House, DHS, and the Justice Department met with stakeholders from immigration advocacy organizations, faith groups, businesses, labor organizations and law enforcement agencies to discuss immigration reform.    Napolitano has been tasked by the President with leading the team from the administration working with Congress on immigration reform.  This was a chance for her and her team to listen to key reform proponents.    After opening remarks from the Secretary, attendees broke into smaller groups and were asked to give their thoughts on specific topics.  As Secretary Napolitano went around the room to sit in on the group discussions, she heard from reform advocates ...

Detention Reforms Proposed in Congress, Announced by DHS

August 07, 2009

On July 30, Senators Menendez (D-NJ), Gillibrand (D-NY), and Kennedy (D-MA) introduced the Protect Citizens and Residents from Unlawful Detention Act, S. 1549.  The bill would establish screening mechanisms so that U.S. citizens and vulnerable populations, such as children and pregnant women and others who are swept up in immigration enforcement operations, are considered for alternatives to detention.    Also on July 30, Senators Menendez and Gillibrand introduced S. 1550, the Safe Treatment, Avoiding Needless Deaths, and Abuse Reduction in the Detention System Act (the “Strong STANDARDS” Act).  Among other things, this bill would require DHS to provide access to adequate medical care, establish protocols when ICE transfers immigrants ...

Update on Legislation: Health Care and Immigration Reform

August 07, 2009

President Obama had asked Congress to send him a health care reform bill before the August recess.  That deadline is not close to being observed.  The three committees in the House that have jurisdiction over health care reform have completed their work, but a vote in the full House has been put off until after the recess.  In the Senate, a bill is still being negotiated.    There are intense efforts going on to kill health care reform and, as one of my colleagues put it, opponents of health care reform seem to have rented out the anti-immigration movement to assist them.  In town hall meetings around the country Congressmen and women are being shouted at by attendees who assert that the Democrat’s health care reform would give health ...

Legislative Update for August 7, 2009

August 07, 2009

Hearings on employment verification: On July 21, the Senate Judiciary Committee held a hearing, “Ensuring a Legal Workforce: What Changes Should be Made to Our Current Employment Verification System?”  Testifying were Congressman Luis Guitierrez (D-IL); Michael Aytes, Acting Director, U.S. Citizenship and Immigration Services; James Ziglar, Senior Fellow, Migration Policy Institute; and Lynden Melmed, Former Chief Counsel for USCIS, Berry Appleman & Leiden, LLP.   You can get statements of the witnesses, statements of Committee members, and a video recording of the hearing, on the Committee’s Web site.   Another comprehensive immigration reform-related hearing on employment-based immigration, scheduled for August 6th, was cancelled.   In ...

Legislative Update for July 13, 2009

July 13, 2009

Senate Passes Homeland Security Appropriations with More Immigration Amendments   Last week, before leaving for the weekend, the Senate passed the bill that will fund the Department of Homeland Security for the governments’ Fiscal Year 2010.  Immigration restrictionists in the Senate were able to tack on more amendments, in addition to the Sessions and DeMint amendments reported in the last update.    SSA No Match: Senator Vitter (R-LA) offered an amendment (1375), that would stop the administration from carrying out its plan announced on July 8th to rescind the Bush administration’s regulation spelling out for employers what they must do if they receive No Match letters from the Social Security Administration. The amendment prohibits the ...

Another Voice Joins the Reform Chorus

July 13, 2009

On July 8th, the Council on Foreign Relations released a report from its Independent Task Force on U.S. Immigration Policy. The report urges Congress and the administration to take up immigration reform that achieves three goals: Reforms the legal immigration system so that it operates more efficiently, responds more accurately to labor market needs, and enhances U.S. competitiveness; Restores the integrity of immigration laws through an enforcement regime that strongly discourages employers and employees from operating outside that legal system, secures America’s borders, and levies significant penalties against those who violate the rules; Offers a fair, humane, and orderly way to allow many of the roughly twelve million migrants ...

Senate votes to expand E-Verify, throw more money at border fence

July 08, 2009

E-Verify: Senator Jeff Sessions (R-AL) offered an amendment that would make the E-Verify electronic worker verification program permanent. (Currently, E-Verify is set to expire in three years).  It would also require its use by employers that receive federal contracts.  Senator Schumer (D-NY) offered a motion to table the Sessions amendment.  The motion to table failed by a vote of 44 to 53, and the Sessions amendment was adopted.   See how your Senator voted: http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=111&session=1&vote=00219   The Fence to Nowhere: Senator Jim DeMint (R-SC) offered an amendment that would require the previously-authorized 700-mile border Fence to Nowhere be completed by the ...

Update on the comprehensive immigration reform debate

June 30, 2009

President Obama meets with Members of Congress: On June 25th, President Obama met with Members of Congress to discuss immigration reform.  According to reports from the meeting, the President was clear about his desire to get comprehensive reform done.  The meeting did not get in to details about what would be included in a comprehensive reform package; it was more about the politics, and the need for both parties to work on this together.   In terms of a timeline, debate on legislation should begin later this year or early next year, with both the House and the Senate working on the bill at the same time.   The meeting included Members of Congress with a broad range of views.  There were members who have been very outspoken in support of ...

Legislative update for June 30, 2009

June 30, 2009

  DHS Appropriations: On June 24th, the House passed the annual appropriations bill for the Department of Homeland Security.  Highlights relating to immigration were reported in a previous update. The House report accompanying the bill can be found on-line here: http://thomas.loc.gov/cgi-bin/cpquery/R?cp111:FLD010:@1(hr157)   In the Senate, the Appropriations Committee has passed its own version of the DHS appropriations bill. This bill allocates $11.6 billion to Customs and Border Protection, including funding for 20,063 Border Patrol agents and $800 million for fencing, infrastructure, sensors, surveillance, and other technology on the border.  $5.7 billion is allocated for Immigration and Customs Enforcement, including $139 million for ...

President delays meeting with Members of Congress on immigration reform

June 15, 2009

President Obama was expected to meet with Members of Congress to begin the discussion about comprehensive immigration reform on June 17th.  The President has postponed that meeting.  The postponement is a disappointment, given the momentum that has been building for immigration reform, and given the expressions of readiness by key members of Congress, including Senate Majority Leader Harry Reid (D-NV), who last week in this article put immigration reform in the top three major issues Congress must do this year, along with health care and energy/global warming.  Rep. Zoe Lofgren (D-CA), who Chairs the Immigration Subcommittee in the House, reacted to the delay (this is the second postponement), by saying that the President “has to do more ...

Update on Appropriations bills

June 15, 2009

On June 12th, the House Appropriations Committee approved a spending bill for the Department of Homeland Security for the government’s Fiscal Year 2010. Related to immigration, the bill funds:  Immigration and Customs Enforcement at $5.4 billion ($30 million below the President’s request and $439 above the Fiscal 2009 allocation.  Included in the total is $200 million for Secure Communities; $1.5 billion for identifying dangerous criminals and prioritizing these individuals for removal; and $74 million for alternatives to detention ($10 million above the administration’s request). U.S. Citizenship and Immigration Services at $248 million (not including receipts and expenditures from the Immigration Fee Account, which accounts for most of ...

Reuniting Families Act introduced

June 15, 2009

On May 20, the Reuniting Families Act, S. 1085, was introduced by Senator Robert Menendez (D-NJ), along with Senators Gillibrand (D-NY), Kennedy (D-MA), and Schumer (D-NY).  The purpose of the bill is to update the family-based immigration system, which has not been updated in 20 years.  In those 20 years, demand for visas in many categories has so out-paced the number of visas available, that some family members have to wait years or decades to enter the U.S.  Among other provisions, this bill would re-classify the spouses and children of legal permanent residents so they would be treated the same as “immediate relatives” of U.S. citizens (for which there is no wait for a visa).  It increases the percentage limit for the admission of ...

Legislative Update for May 19, 2009

May 19, 2009

AgJOBS re-introduced: On May 14th, Senator Dianne Feinstein (D-CA) re-introduced the Agricultural Job Opportunities, Benefits and Security Act (AgJOBS), S. 1038 with 16 co-sponsors.  This legislation, a product of compromise between farm workers and growers and introduced in the last several Congresses, contains a path to citizenship for undocumented farm workers who have performed agricultural work and will continue to do so.  It also will reform the H-2A seasonal agricultural guest worker program.  In the House, this bipartisan bill was introduced as H.R. 2414 by Representatives Howard Berman (D-CA),  Adam Putam (R-FL), and 25 other co-sponsors.   You can find an outline of the bill on the Web site of United Farm Workers ...

Administration releases more details on budget

May 19, 2009

On May 7th, the Administration released more details about its Fiscal Year 2010 budget request to Congress.   In a press release from the Department of Homeland Security, five budget priorities for the Department were listed, two of them having to do with immigration.  Within those priorities, some of the requests being made include:   Additional resources to carry out the Department’s Southwest border security initiative targeted at drug, cash, and weapon smuggling associated with Mexican drug cartels.  The budget requests an additional five Coast Guard cutters and two patrol planes, 44 Border Patrol agents, 65 Customs and Border Protection (CBP) officers, 349 ICE agents, analysts and investigators, 68 pilots, and 20 marine ...

Senate begins consideration of comprehensive immigration reform

May 07, 2009

On Thursday, April 30, the Senate Immigration Subcommittee held its first hearing to consider how to fix the immigration system.  The topic, “Comprehensive Immigration Reform in 2009, Can We Do It and How?”  Witnesses presented compelling testimony from a range of perspectives—faith, business, labor, law enforcement, and civil rights.  The first panel consisted of former Federal Reserve Chairman Alan Greenspan; J. Thomas Manger, Police Chief for Montgomery County, Maryland (also speaking on behalf of the Major Cities Chiefs);  Dr. Joel Hunter, Senior Pastor of Northland Church in Longwood, Florida, and a member of the President’s Advisory Council on Faith-Based and Neighborhood Partnerships; and Jeff Moseley, President and CEO of Greater ...

Supreme Court rejects tactic of prosecuting immigrants for identity theft

May 07, 2009

Undocumented workers who work in regular workplaces where they get a paycheck and have taxes withdrawn are usually using Social Security numbers that were not given to them by the Social Security Administration.  They obtain numbers (often with the encouragement of the employer) that are either false numbers or are the numbers given to someone else.  They do not necessarily know what a Social Security number is; they know only that they must have one to get a job. In the last several months of the Bush administration, federal prosecutors were charging immigrant workers caught in workplace raids with “aggravated identity theft,” a crime that carries a minimum two-year sentence with a conviction.  The prospect of two years in jail was used ...

Legislative Update for April 23, 2009

April 23, 2009

Civics Lesson: Regular Order  This is how it is supposed to work: The country faces a problem that may need a legislative fix.  The relevant committees in Congress having jurisdiction over the topic area hold hearings, gathering information from experts that will inform legislation.  After the hearings are done, a bill is drafted and the relevant subcommittee conducts a meeting to begin the amendment process. Senator Charles Schumer (D-NY), who is now Chair of the Immigration Subcommittee in the Senate, announced that he will begin hearings on immigration reform next week.  The first hearing, “Comprehensive Immigration Reform in 2009, Can We Do It and How” will be held on April 30. The witnesses for this hearing will include: J. Thomas ...

Administrative and Legal Update for April 23, 2009

April 23, 2009

E-Verify and Federal Contractors  On April 17, the administration announced that it was postponing until June 30, implementation of a requirement that companies awarded federal contracts use the E-Verify electronic employment verification system. The rule requiring the use of E-Verify was first published on Nov. 14, 2008, and went into effect on Jan 19, 2009. The delay will give the new administration time to evaluate the regulation issued just prior to the Bush administration’s departure.  A notice was posted in the Federal Register by the Department of Defense, General Services Administration, and the National Aeronautics and Space Administration. Supreme Court Rules on Treatment of Immigrants While Appealing Deportation  An appeal of a ...

Two Immigration-Related Pulitzer Prizes

April 23, 2009

Sheriff Joe provides fodder for a Pulitzer  There has been a lot of advocacy over the past several weeks focused on holding the Sheriff of Maricopa County, Arizona, accountable.  The Sheriff’s misdeeds have come to light in part thanks to the investigative reporting of two reporters from the East Valley Tribune (Mesa, AZ)—Ryan Gabrielson and Paul Giblin.  These two reporters shared the Pulitzer Prize for their reporting on the Sheriff’s office and its “focus on immigration enforcement and how it endangered investigation of violent crime and other aspects of public safety.”  You can read the series of articles, Reasonable Doubt, here. Photographer documents disaster in Haiti  Another issue on which there has been a lot of advocacy over the ...

Legislative Updates for April 7, 2009

April 07, 2009

DREAM Act introduced: On March 26, the Development, Relief, and Education for Alien Minors Act (DREAM Act) was re-introduced.  In the Senate, the bill number is S. 729, and was introduced by Senators Richard Durbin (D-IL) and Richard Lugar (R-IN), along with Senators Russell Feingold (D-WI), Edward Kennedy (D-MA), Patrick Leahy (D-VT), Joseph Lieberman (I-CT), Mel Martinez (R-FL) and Harry Reid (D-NV).  In the House, the bill is called the American Dream Act, and was introduced by Representatives Howard Berman (D-CA) and Lincoln Diaz-Balart (R-FL), along with Anh “Joseph” Cao (R-LA), John Conyers (D-CA), Mario Diaz-Balart (R-FL), Zoe Lofgren (D-CA), Devin Nunes (R-CA), Jared Polis (D-CO), Ileana Ros-Lehtinen (R-FL), and Lucille ...

Administrative Updates for April 7, 2009

April 07, 2009

Enforcement Priorities: According to press reports, the Department of Homeland Security is in the midst of examining priorities for immigration enforcement. According to these reports, the Department will focus more of its attention on drug smugglers and dangerous criminals.  In the workplace, there will be less of an emphasis on apprehending and prosecuting ordinary workers, and more of a focus on employers.  As this Washington Post article makes clear, however, a shift away from worksite raids will bring some political fallout. Many Republicans, and some powerful Democrats, have insisted that ICE continue workplace raids.  In the current fiscal year budget, these members of Congress were successful in obtaining $34 million more for ...

Update on Congressional Hearings for April 7, 2009

April 07, 2009

State and Local Enforcement of Immigration Laws: On April 2, the House Judiciary Committee Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law and the Subcommittee on the Constitution, Civil Rights, and Civil Liberties held a joint hearing, “The Public Safety and Civil Rights Implications of State and Local Enforcement of Federal Immigration Laws.” Witnesses at this hearing included a number of private individuals, professors, the police chief of Mesa, Arizona, and the President of the Police Foundation.  Links to all of the testimony can be found on the Web site of the House Judiciary Committee here. Enforcement Priorities: On April 2, the House Appropriations Committee, Subcommittee on Homeland ...

Immigration Reform: Ready, Set, ….

March 23, 2009

If there is such a thing in the immigration policy world, we are in something of a lull.  That is about to end. The President and Congress have not yet begun a debate on a specific proposal, but there has been a lot of organizing, both around the country and among members of Congress, to remind the administration that comprehensive immigration reform is critical.  In recent days, the President has reiterated his view that immigration reform is on his agenda. President Speaks on Immigration Reform in California: On March 19, President Obama was in Southern California conducting a “town hall” meeting.  There, he was asked about immigration reform.  The President said that he believes we have to get control of our borders “at the same time as ...

Update on Congressional Hearings for March 23, 2009

March 23, 2009

U.S./Mexico Border Violence: Violence on the U.S./Mexico Border has been in the news, and Congress has been conducting hearings on the issue.  On March 12, the House Committee on Homeland Security, Subcommittee on Border, Maritime and Global Counterterrorism held a hearing, “Border Violence: An Examination of DHS Strategies and Resources.” Testimony from that hearing, in which there were government witnesses only, can be obtained on the Web site of the Homeland Security Committee.  Also on March 12, the Committee on Oversight and Government Reform, Subcommittee on National Security and Foreign Affairs held a hearing, “Money, Guns, and Drugs: Are U.S. Inputs Fueling Violence on the U.S.-Mexico Border?”  The Chairman of that Committee, Rep. ...

Administrative Updates for March 23, 2009

March 23, 2009

H-2A Regulations to be Suspended: On March 17, the Department of Labor published a notice in the Federal Register stating the administration’s intent to suspend regulations guiding the H-2A temporary agricultural worker program for nine months.  Just before relinquishing the reigns of government, the Bush administration issued regulations for the temporary worker program that effectively lessened worker protections for agricultural workers.  Those regulations went into effect on January 17.  The Bush administration regulations are being litigated by United Farm Workers and other groups.  In the place of the Bush administration’s regulations, the Department intends to substitute the old regulations that were in place prior to January 17th.  ...

Legislative Update for March 5, 2009

March 05, 2009

Omnibus Appropriations:  As you may recall, the best Congress could manage last year for funding the government this year was a bill to fund most agencies through the first six months of the fiscal year, ending this month.  Congress is now in the middle of passing another “omnibus” appropriations bill (where funding for several agencies is wrapped up in one big package).  That bill will fund the government through the end of the fiscal year (September 30).  The House has already passed its version.  Among other things, the bill contains $730 million for English language Acquisition (through Fiscal Year 2010) and nearly $68 million for “integrated English literacy and civics education” services is earmarked from the pot that goes to state ...

Administrative Update for March 5, 2009

March 05, 2009

State and Local Enforcement of Immigration Laws: On March 4th, the House Committee on Homeland Security held a hearing on ICE’s “287(g)” program, to determine whether the program has been targeted as intended—to remove non-citizens who might pose a danger to the community.  This program, named for the provision of law which authorizes it, allows state and local police agencies, under contract with ICE, to enforce immigration laws as specified in Memorandums of Agreement between the participating local agencies and ICE. Among others, the Committee heard from a witness from the Government Accountability Office, which released a report on 287(g) earlier this year. GAO found that ICE lacks controls to ensure that the program is being used as ...

Legislative Update

February 24, 2009

Congress returns this week, after a week off for Presidents’ Day recess. Here is where we stand so far with immigration legislation. E-Verify: The battle over whether or not to turn the electronic worker verification program now known as E-Verify into a mandatory nationwide no-work list re-surfaced on the stimulus package. House Appropriations Committee member Jack Kingston (R-GA) offered an amendment to make receipt of money from the economic recovery package contingent on using E-Verify. It was approved by voice vote in the Committee, and remained in the House version of the bill. Despite efforts by Jeff Sessions (R-AL) in the Senate, mandatory E-Verify was not a part of the Senate bill. It was stripped out of the final version in the ...

Administrative Updates

February 24, 2009

Action Directives: Earlier this month, DHS Secretary Janet Napolitano issued a series of “Action Directives,” where she asked the various offices and agencies to provide a review of existing strategies and programs. The Directives focused on the Department’s primary missions. A Directive on Immigration and Border Security focuses on: Criminal and Fugitive Aliens (including a review of the Secure Communities Program, the Institutional Removal Program, Fugitive Operations Teams, the Electronic Travel Document Program and the 287(g) program); Legal Immigration Benefits Backlogs; Southbound Gun Smuggling; National Guard deployment on the Border; Widows and Widowers of U.S. Citizens; Immigration Detention Facilities; and Electronic Employment ...

Department of ENERGY

February 24, 2009

No, this is not about the government agency. Since last year’s election, the anticipation of change has brought a renewed sense of hope and a renewed energy among activists around the county.  There are more local players getting involved, coalescing into more local coalitions that include immigration advocates, faith-based groups, local businesses and labor organizations. Prayer Vigils around the Country: During the Congressional recess, the Interfaith Immigration Coalition organized more than 130 prayer vigils around the country to press Congress for comprehensive immigration reform. You can find out more about the Interfaith Coalition on their Web site. In the Halls of Congress: During the debate on E-Verify in the economic recovery ...

Congress Returns

January 15, 2009

The 111th Congress is now in session. In the Senate, the first thing on the agenda has been nomination hearings for President-Elect Obama’s cabinet picks.  These are taking place in the respective committees of jurisdiction. Here is a list of some of the hearings in which the Senate is considering the nominations of agency heads that will be responsible in some measure for immigration: On January 9, The Committee on Health, Education, Labor and Pensions considered the nomination of Representative Hilda Solis to be Secretary of Labor. On January 13, the Foreign Relations Committee considered the nomination of Senator Hillary Clinton to be Secretary of State. On January 15, the Judiciary Committee considered the nomination of Eric ...

Even the Swan Song is off Key

January 15, 2009

As President Bush and his administration prepare to leave Washington, agencies have been busy adding to the tremendous workload that will be faced by the incoming Obama administration.  In the months of December and January, a flurry of last-minute regulations has weakened protections for American workers and consumers.  In the immigration arena, worker protections and due process have been the targets of the so-called “midnight regulations.”  There is now a long list of rules that will have to be overturned by the incoming administration.  Here are some pertaining to immigrants and immigration: On December 10, the Department of Justice issued a regulation that will potentially require all immigrants in deportation proceedings to submit ...

Election Analysis: The Latino Vote

December 08, 2008

Nationally, the Latino share of the electorate increased by 1% over their share in 2004 (from 8% to 9%), and totaled 11 million voters—three million more than in the 2004 election.  Barack Obama captured 67% of those voters, compared to John Kerry’s 56%. In absolute numbers, that’s about 3 million more Latino voters for the Democratic candidate. In several key states that went Republican in 2004, the increase in the Latino share of the electorate was larger than the national average.  In New Mexico, it was 9% greater.  In Colorado and Nevada, it was 5% greater.  These states went for Barack Obama.  (Pew Hispanic Center) http://pewhispanic.org/files/reports/98.pdf   A survey of Latino voters conducted after the election in the 21 states ...

Election Analysis: Asian American Voters

December 08, 2008

Nationally, 62% of Asian Americans voted for Barack Obama and 32% voted for John McCain.  In Los Angeles, exit surveys indicated that 68% of Asian American voters supported Barack Obama, including 24% of Asian American Republican voters.  The issue of immigration was among the most important issues in helping to determine Asian American voters’ preference.  In Los Angeles, Asians comprised 9% of the electorate.  (Asian Pacific American Legal Center) http://demographics.apalc.org/wp-content/uploads/2008/11/apalc-ep-prelim-press-release-081106.pdf   In Chicago, Asian American voters gave Barack Obama an 81% to 16% margin of victory.  Looking at younger voters (18 to 30 yrs. old), the margin was 92% to 3%. When asked how they perceived the ...

Election Analysis: Immigration as a Wedge Issue

December 08, 2008

In 21 House and Senate races in swing districts where a Republican candidate used illegal immigration as a wedge issue against the Democratic challenger, Democrats came out on top in 19 of the races.  While not all of the successful candidates said they favored comprehensive reform, they advocated policies beyond enforcement only. (America’s Voice) http://amvoice.3cdn.net/bc373e9dc408fc3a77_tam6bnuew.pdf   The lack of success of the wedge issue strategy, in the case of immigration, was not entirely due to its rejection by Latinos.  In a post-election national poll, a majority of both McCain supporters and Obama supporters indicated they favored a comprehensive approach to the immigration problem.  In the general electorate, 57% favored a ...

Some Key Congressional Leadership Picks

December 08, 2008

Senator Robert Menendez (D-NJ), who has become a leader on immigration in the Senate (especially on matters related to family immigration) has been named to Chair the Democratic Senatorial Campaign Committee.  He replaces New York Senator Charles Schumer in that post. http://www.dscc.org/news_item?press_release_KEY=864   Representative Xavier Becerra, who has in the past served as the highest-ranking Democrat on the House Immigration Subcommittee, has been elected to serve as Vice Chair of the Democratic Caucus. http://tinyurl.com/5acdc3   Representative Nydia Velasquez (D-NY) will chair the Congressional Hispanic Caucus. http://www.house.gov/apps/list/press/ca38_napolitano/morenews/pr111908.html ...

Transition, White House and Agency Picks

December 08, 2008

President-elect Obama has already announced several of his cabinet choices.  Those related to immigration include: Arizona Governor Janet Napolitano will be the Secretary of Homeland Security.  As Secretary, she will be charged with overseeing the various immigration agencies that are part of the Department of Homeland Security.  The choice of Governor Napolitano is a signal by the President-elect that immigration will be a focus of concern.  As Governor of Arizona, Napolitano is acutely aware of the problems caused by the dysfunctional immigration system.  While Governor Napolitano has supported tough enforcement measures, she has spoken out on the need for comprehensive immigration reform. (See the Forum’s press release ...

Border Delegation Releases Report, Makes the Rounds in DC

December 01, 2008

The change in administration provides an opportunity for a wide-ranging examination of immigration policies and practices.  In the past couple of weeks, various constellations of organizations have been weighing in with the transition team for President-elect Obama on different aspects of the immigration system. During the week of November 17th, representatives of the Border Network for Human Rights, the Border Action Network, and the U.S.-Mexico Border and Immigration Task Force were in town to release a report, Effective Border Policy: Security, Responsibility and Human Rights at the U.S.-Mexico Border.  The report details the impact current border enforcement strategies have had on border communities in the last several years.  Among ...

Action and Reaction

October 31, 2008

The vitriol unleashed towards immigrants during the debate on immigration reform planted the seed for reaction by the immigrant community and by Latinos, who felt that much of the vitriol was directed at them.  For a couple of years, a collaboration of groups have teamed up with Spanish-language media outlets to promote naturalization, voter registration, and get-out-the-vote efforts in the Ya es Hora campaign.  The results of the collective efforts, combined with the incentive to beat the recent fee increase of naturalization, have been impressive.  Immigrants who have naturalized in the past two years have increased the pool of naturalized immigrants by ten percent.  The We Are America Alliance, a component of the Ya es Hora campaign, ...

Immigration as a Wedge Issue Fades

October 31, 2008

This year, the Republican leadership did not use immigration as a wedge issue as it did in 2006 and as a result, there were fewer candidates using immigrants to stoke people’s fears.  To understand why that might be, we can look at the context in which this election is taking place.  First, the use of immigration as a wedge issue in the last couple of election cycles has not particularly impressed voters.  Second, the attack on immigrants has lead to a backlash, with immigrants becoming naturalized and registered to vote in unprecedented numbers.  More on that below.  Third, the U.S. is slipping into an economic crisis that is now the number one concern of voters.  Finally, as a recent public opinion poll by NDN reports, voters in the ...

Stalemate: The 110th Congress

October 15, 2008

It ain’t over until the new Congress comes in, but the 110th Congress has recessed until after the election.  The House is not scheduled to convene again until January, but it may convene in a lame duck session after the election.  The Senate will come back after the election to deal with some public land bills. In the immigration policy arena, this Congress had little to show for its efforts.  It could have been worse. At the beginning of this session in January, restrictionist members of Congress were coming off their victory of last year, having blocked immigration reform.  In the House, there was the SAVE Act, introduced by Democrat Heath Shuler (NC).  The bill would have mandated the nation-wide use of what is now called E-Verify—the ...

Positive measures in the House and Senate

October 15, 2008

House The scandal that developed regarding medical care for immigrant detainees in detention prompted Immigration Subcommittee Chair Zoe Lofgren to introduce the Detainee Basic Medical Care Act, H.R. 5950, which directs the Secretary of Homeland Security to establish procedures for the delivery of medical and mental health care to immigration detainees, and specifies what the procedures include. H.R. 5882, a bill to re-capture visas allocated by law in previous years but unused due to bureaucratic inefficiencies, passed the Immigration Subcommittee and made it to the schedule of the full Judiciary Committee.  That Committee ran out of time, although it did manage to mark up the Prevention of Equine Cruelty Act in the same meeting.  (On a ...

Positive measures enacted

October 15, 2008

Yeah, there were some.  Among them: The Supplemental Security Income Extension and Disabled Refugees Act, H.R. 2608, extends through Fiscal Year 2011 the supplemental security income (SSI) benefits eligibility for certain non-citizens with pending naturalization applications—refugees, asylees, elderly non-citizens, and victims of trafficking. S. 3606, the Special Immigrant Non-minister Religious Worker Program Act, extends the Religious Worker Program through March 6, 2009. H.R. 5571 extends until March 6, 2009, a program that allows for a waiver of the two year foreign-residence requirement (after graduating) for eligible physicians, if they are coming to work in a medically underserved area. S. 2840 establishes a timeframe on ...

Enforcement Spending on Autopilot

October 15, 2008

So, there have been efforts to chip away at the very large task of overhauling the immigration system. However, this is all taking place in the context of a fear on the part of Members of Congress to not appear weak on enforcement.  Despite the fact that the laws are broken, there has been no slack in enthusiasm to pour money into enforcing those laws. Just before it left town, Congress passed a continuing resolution to fund most government agencies at last year’s levels until March 2009, when a new Congress and a new President can make decisions on spending priorities.  One of the few agencies that were funded for the full year, however, was the Department of Homeland Security, which got $40 billion for its budget in the year beginning ...

Illegal Immigration: That was so 2006

August 05, 2008

It seems that, these days, crisis is the fuel of politics in Washington.  Not that crisis actually moves today’s politicians to solve problems.  No, what crisis provides is a new opportunity for a politician to come up with the sound bite that will give him or her an advantage over an opponent. Today, the crisis is the price of gasoline, and the sound bite is offshore drilling.  Some of the people who yesterday were holding up business in the House and Senate by trying to attach deportation-only proposals to every piece of legislation are today maneuvering to attach drilling-only proposals to every piece of legislation. Now, these politicians know as well as the next guy that oil from sources that haven’t yet been explored won’t make it to ...

Recess

August 05, 2008

Congress is out for the month of August.  There was some action on immigration-related measures just prior to its departure. On the House side, by a vote of 407 to 2, H.R. 6633—the Employee Verification Amendment Act—was passed.  The bad news is that this bill re-authorized the flawed Basic Pilot electronic verification test pilot.  The good news is that, in effect, Members of Congress have acknowledged that, despite years of operation, this system (now called “E-Verify) is not ready for prime time.  They did not make it mandatory, nor did they extend the program for a longer period of time (some were pressing for a 10-year re-authorization).  The bill commissions two studies by the GAO, to measure the impact of E-verify on the Social ...

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