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
H. J. Res. 85
This joint resolution would terminate President Trump’s national emergency to build physical barriers along the U.S. southern border, which was declared on February 15, 2019.
Sponsored by Representative Joaquin Castro (D-Texas) (0 cosponsors)
02/14/2020 Introduced in the House by Representative Castro
02/14/2020 Referred to the House Committee on Transportation and Infrastructure
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate will be in session on the week of Monday, February 24, 2020.
The U.S. House of Representatives will be in session from Tuesday, February 25, 2020 through Friday, February 28, 2020.
UPCOMING HEARINGS AND MARKUPS
Rule by District Judge: The Challenges of Universal Injunctions
Date: Monday, February 25, 2020 at 10:00 a.m. (Senate Committee on the Judiciary)
Location: 226 Dirksen Senate Office Building
Witnesses: TBA
Department of Health and Human Services (HHS) Budget Request for FY 2021
Date: Wednesday, February 26, 2020 at 9:30 a.m. (House Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies)
Location: 2358-C Rayburn House Office Building
Witness:
Alex Azar, Secretary, Department of Health and Human Services (HHS)
Department of Homeland Security (DHS) Budget Request for FY 2021
Date: Wednesday, February 26, 2020 at 10:30 a.m. (House Appropriations Subcommittee on Homeland Security)
Location: 2359 Rayburn House Office Building
Witness:
Chad Wolf, Acting Secretary, Department of Homeland Security (DHS)
Member Day – Homeland Security Appropriations
Date: Wednesday, February 26, 2020 at 2:30 p.m. (House Appropriations Subcommittee on Homeland Security)
Location: 2008 Rayburn House Office Building
Witnesses: TBA
U.S. Customs and Border Protection (CBP) Budget Request for FY 2021
Date: Thursday, February 27, 2020 at 9:30 a.m. (House Appropriations Subcommittee on Homeland Security)
Location: 2008 Rayburn House Office Building
Witness:
Mark Morgan, Acting Commissioner, U.S. Customs and Border Protection (CBP)
Returning Citizens: Challenges and Opportunities for Reentry
Date: Thursday, February 27, 2020 at 10:00 a.m. (House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security)
Location: 2141 Rayburn House Office Building
Witnesses: TBA
THEMES IN WASHINGTON THIS WEEK
Federal
DHS Waives Federal Contracting Laws to Speed Construction of Border Barriers
The Department of Homeland Security (DHS) published a federal notice on February 20 waiving certain federal contracting laws to accelerate construction of physical barriers along the U.S. southern border. The DHS notice waives federal laws that, among other provisions, require the government to hold an open competition for federal contracts and to explain its contract selections. DHS Acting Secretary Chad Wolf said on February 18 that waiving those laws will allow the Trump administration to “accelerate some of the construction going on along the southwest border.” DHS maintains wide authority to waive most federal laws in areas of high border crossings. The Trump administration previously used that authority to waive federal laws protecting the environment and endangered wildlife to build physical barriers. The DHS notice is the first time the administration has decided to waive federal contracting processes to expedite border barrier construction.
The Trump administration has so far constructed about 119 miles of border fencing along the southern border. Most of that construction was to replace existing fencing. U.S. Customs and Border Protection (CBP) released a fact sheet showing that only one mile was “constructed in locations where no barriers previously existed.” The DHS notice is expected to waive procurement regulations for physical barrier projects that span 177 miles across California, Arizona, New Mexico and Texas, allowing them to be built more quickly. The Trump administration is planning to complete construction on 450 miles of border barriers by the end of 2020.
The DHS notice comes after the Defense Department told Congress on February 13 that it plans to re-program $3.8 billion of military funding to construct additional barriers along the southern border.
CBP Memo States Bus Companies Can Block Border Patrol Agents from Boarding to Conduct Immigration Checks
An internal memo by U.S. Customs and Border Protection (CBP) reportedly indicates that bus companies are not required to allow Border Patrol agents on board to conduct checks for undocumented immigrants. The CBP memo argues that the Fourth Amendment precludes Border Patrol agents from boarding buses and questioning passengers without a warrant or the consent of the company. The memo states that Border Patrol agents must gain access to the bus “with the consent of the company’s owner or one of the company’s employees.” The memo was sent on January 28 by then-Border Patrol Chief Carla Provost to all chief patrol agents.
The CBP memo contradicts some bus companies, including Greyhound, who have insisted that they have no choice but to allow Border Patrol agents to come on board and check each passenger’s immigration status. Greyhound reportedly declined to say whether it would change that practice in light of CBP’s internal memo. ACLU chapters in multiple states wrote to Greyhound in 2018 to express concern with passengers being pulled off buses and taken into custody by Border Patrol agents.
President Trump Seeks Deal on Foreign Workers as White House Immigration Bill Stalls
The White House is reportedly considering working with Congress to expand immigrant guest worker programs. The Trump administration is pivoting away from a long awaited, more expansive immigration platform after the broader plan failed to secure the backing of key Senate Republicans. The discussions with the White House of a more narrow deal to expand guest worker visas are reportedly being led by Senators Thom Tillis (R-North Carolina) and Lindsey Graham (R-South Carolina), and may be based on a bipartisan House bill that would reform the H-2A agriculture guest worker program and enable undocumented farmworkers to earn legal status. That bill, the Farm Workforce Modernization Act, passed the House with bipartisan support in December 2019.
Dialogue between the White House and Senate Republicans is still embryonic, and some immigration advocates have expressed skepticism that President Trump is sincere in his desire to bring a bipartisan deal on immigration to his desk. The administration has backed out of numerous previous immigration deals, including a 2018 compromise relating to the status of Dreamers.
Joseph Edlow to Oversee USCIS
Joseph Edlow, former USCIS chief counsel and staffer with Rep. Raul Labrador’s (R-Idaho) office, has been appointed as the new deputy director of USCIS, replacing current deputy director, Mark Koumans. As the new deputy director, Edlow is tasked with overseeing the day-to-day operations within USCIS. Koumans will remain as a deputy director in a different capacity within the department’s management office.
This new appointment comes at the request of DHS Acting Secretary Chad Wolf and the White House, as part of a joint effort to reorganize leadership at DHS. Edlow sent a letter to the USCIS workforce touting the agency’s “dedication to administering our nation’s lawful immigration system and maintaining its integrity.” Edlow also said USCIS would work with other federal agencies to “address the crisis at the border and restore the rule of law.”
Legal
Federal Court Finds Conditions in Arizona Detention Facilities Unconstitutional
On February 19, a federal judge in Arizona ruled that the conditions faced by detainees in U.S. Customs and Border Protection’s (CBP) Tucson sector detention facilities were unconstitutional. The judge’s ruling, which makes permanent a temporary injunction issued in 2016, stated that a number of practices employed by CBP’s Tucson sector “offend the notions of common decency.” The judge excoriated detention practices used by CBP in the Tucson sector, including making migrants sleep in “toilet areas” and providing long-term detainees with moist wipes in lieu of showers. The decision noted that this treatment was “more restrictive than that of jails and prison,” and, therefore, that conditions were unconstitutionally punitive. The decision also bars CBP from holding migrants for more than 48 hours if they have been fully processed.
The ruling also provided clear standards for detention facilities moving forward, requiring CBP to offer a real bed and blanket, nutritious food, showers, and a proper medical assessment to any migrant detained for longer than two full days. Advocates called the ruling a “tremendous victory” which recognized “the grave injustices” faced by detained migrants.
State and Local
Arizona Governor Withdraws State Bill Banning Sanctuary Cities
On February 20, Gov. Doug Ducey (R-Arizona) decided to withdraw a legislative proposal that would amend the Arizona constitution to ban “sanctuary jurisdictions.” Ducey’s decision was made jointly with Republican leadership in both state legislative chambers. The controversial proposal, which had been one of the Governor’s stated priorities for this legislative session, was set to be heard by the state’s Senate judiciary committee on February 21. The decision to withdraw the bill came amid increasing concern from immigration experts and advocates, who argued that requiring local law enforcement to conduct federal immigration enforcement functions can undermine public trust in local law enforcement and make communities less safe.
Arizona already enacted a law in 2010, S.B. 1070, which prohibits policies limiting enforcement of federal immigration laws and policies limiting state and local officials from transmitting information to federal authorities.
Gov. Cuomo Says New York State Could Share DMV Information, Except for Social Security Numbers
Gov. Andrew Cuomo (D-New York) announced on February 21 that New York state would be willing to share the state’s complete DMV database with the federal government, except for a field that includes drivers’ Social Security numbers. Cuomo said he would not share Social Security numbers because they are “the indicator of documented or undocumented” status, arguing that is “why ICE wants [the information].”
The Department of Homeland Security (DHS) on February 6 suspended enrollment of all New York state residents in Trusted Traveler Programs (TTP) like Global Entry, NEXUS and SENTRI. DHS said the suspension was in response to the state’s new Driver’s License Access and Privacy Act, also known as the “Green Light Law,” which permits certain undocumented immigrants living in New York to legally obtain driver’s licenses. The bill prohibits the disclosure of an applicant’s immigration status to federal immigration authorities. Cuomo reportedly met with President Trump and DHS officials on February 13 to negotiate a possible solution.
GOVERNMENT REPORTS
U.S. Government Accountability Office (GAO): Actions Needed to Strengthen USCIS’s Oversight and Data Quality of Credible and Reasonable Fear Screenings (February 2020)
This GAO report examines U.S. Citizenship and Immigration Services (USCIS) credible and reasonable fear screenings, including the agency’s data, policies and procedures, and workload management processes. The report found that USCIS must provide additional training to asylum officers before they begin screening families, implement more specific guidance on recording case outcomes of family members, and collect and review information on case delays.
SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES
Bill Analysis: The RELIEF Act
This is a bill summary of the Resolving Extended Limbo for Immigrant Employees and Families (RELIEF) Act (S. 2603), which would establish an additional pool of almost five million immigrant visas to mitigate the existing visa backlog in the employment-based and family-sponsorship visa systems. The bill was introduced by Senator Dick Durbin (D-Illinois) on October 16, 2019 in response to the more narrow Fairness for High Skilled Immigrants Act (S. 386).
Eminent Domain Along the Southern Border: Government Seizures of Private Property
The fact sheet provides an overview of eminent domain and how the federal government utilizes it to acquire private property to construct physical barriers, including fencing, along the U.S.-Mexico border.
The Trouble with Immigration Detainers
This paper provides background on immigration detainers, “sanctuary jurisdictions,” and cooperation between local and federal law enforcement. The paper describes the legal and policy concerns that make immigration detainers controversial and reviews instances where localities have faced civil liability as a result of honoring them.
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*This Bulletin is not intended to be comprehensive. Please contact Christian Penichet-Paul, National Immigration Forum Policy and Advocacy Manager, with comments and suggestions of additional items to be included. Christian can be reached at cpenichetpaul@immigrationforum.org. Thank you.