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. 534
A Bill to Prohibit Certain Funds from Being Transferred or Reprogrammed to Plan, Develop, or Construct a New Physical Barrier Along the Southwest Border, and for Other Purposes
Sponsored by Senator Elizabeth Warren (D – Massachusetts) (6 cosponsors – 0 Republicans, 6 Democrats)
02/14/2019 Introduced in the Senate by Senator Warren
02/14/2019 Referred to the Senate Committee on Homeland Security and Governmental Affairs
H. Res.__
This resolution would terminate President Trump’s national emergency declaration to build a border wall in the Southern border.
Sponsored by Representative Joaquin Castro (D-Texas) (222 cosponsors – party affiliation not available yet)
02/22/2019 Introduced in the House by Representative Castro
H.R. 1232
A Bill to Amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to Repeal Certain Waiver Authority Relating to the Construction of New Border Barriers, and for Other Purposes
Sponsored by Representative Kathleen Rice (D – New York) (1 cosponsor – 0 Republicans, 1 Democrat)
02/14/2019 Introduced in the House by Representative Rice
02/14/2019 Referred to the House Committee on Homeland Security
H.R. 1234
A Bill to Amend the Homeland Security Act of 2002 to Prohibit Seizing Private Land for a Border Wall, and for Other Purposes
Sponsored by Representative Filemon Vela (D – Texas) (1 cosponsor – 0 Republicans, 1 Democrat)
02/14/2019 Introduced in the House by Representative Vela
02/14/2019 Referred to the House Committees on the Judiciary and on Homeland Security
H.R. 1283
A Bill to Establish a Nonpartisan Commission on Immigration Reform and Border Security
Sponsored by Representative Tim Ryan (D – Ohio) (0 cosponsors)
02/14/2019 Introduced in the House by Representative Ryan
02/14/2019 Referred to the House Committees on the Judiciary, Homeland Security, and Rules
H.R. 1292
A Bill to Amend the Homeland Security Act of 2002 to Require Border Community Stakeholder Consultation Before the Secretary of Homeland Security May Construct, Install, Deploy, Operate, or Maintain Additional Physical Barriers, Tactical Infrastructure, or Technology Between Ports of Entry Along the Land Border with Mexico, and for Other Purposes
Sponsored by Representative Filemon Vela (D – Texas) (1 cosponsor – 0 Republicans, 1 Democrat)
02/14/2019 Introduced in the House by Representative Vela
02/14/2019 Referred to the House Committee on Homeland Security
H.R. 1293
A Bill to Prohibit the Use of Amounts Appropriated for Military Construction or the Army Corps of Engineers for the Construction of Barriers, Land Acquisition, or Any Other Associated Activities on the Southern Border Without a Specific Statutory Authorization from Congress
Sponsored by Representative Filemon Vela (D – Texas) (2 cosponsors – 0 Republicans, 2 Democrats)
02/14/2019 Introduced in the House by Representative Vela
02/14/2019 Referred to the House Committees on Transportation and Infrastructure, and Armed Services
H.R. 1298
Higher Education Dream Act of 2019
The bill expands federal financial aid opportunities to Dreamers. It also prevents postsecondary education institutions that receive federal funds from refusing to admit, enroll or charge in-state tuition to qualified students because of their immigration status.
Sponsored by Representative John Lewis (D – Georgia) (17 cosponsors – 0 Republicans, 17 Democrats)
02/15/2019 Introduced in the House by Representative Lewis
02/15/2019 Referred to the House Committees on Education and Labor and on the Judiciary
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate will be in session the week of Monday, February 25, 2019.
The U.S. House of Representatives will be in session from Monday, February 25, 2019 to Thursday, February 28, 2019.
UPCOMING HEARINGS AND MARKUPS
Oversight of the Trump Administration’s Family Separation Policy
Date: Tuesday, February 26, 2019 at 10:00 a.m. (House Judiciary Committee)
Location: 2141 Rayburn House Office Building
Witnesses:
Nathalie R. Asher, Acting Executive Associate Director, Enforcement and Removal Operations (ERO), Immigration and Customs Enforcement (ICE)
Joseph Edlow, Acting Deputy Assistant Attorney General, Office of Legal Policy, Department of Justice (DOJ)
Scott Lloyd, Senior Advisor, Center for Faith and Opportunity Initiatives, Department of Health and Human Services (HHS)
Carla Provost, Chief, U.S. Border Patrol, U.S. Customs and Border Protection (CBP)
Commander Jonathan White, U.S. Public Health Service Commissioned Corps, Department of Health and Human Services (HHS)
A Global Crisis: Refugees, Migrants and Asylum Seekers
Date: Tuesday, February 26, 2019 at 2:00 p.m. (House Foreign Affairs Subcommittee on Africa, Global Health, Global Human Rights and International Organizations)
Location: 2200 Rayburn House Office Building
Witnesses:
Panel I
The Honorable Raul Ruiz, Member of Congress (D-California)
Panel II
Eric Schwartz, President, Refugees International; Former Assistant Secretary of State for Population, Refugees, and Migration
Ryan Mace, Grassroots Advocacy and Refugee Specialist, Amnesty International
Reviewing the Administration’s Unaccompanied Children Program
Date: Wednesday, February 27, 2019 at 10:00 a.m. (House Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies)
Location: 2358-C Rayburn House Office Building
Witnesses: TBA
The 2019 National Emergency Declaration to Build a Border Wall and its Effect on Military Construction and Readiness
Date: Wednesday, February 27, 2019 at 10:00 a.m. (House Appropriations Subcommittee on Military Construction, Veterans Affairs, and Related Agencies)
Location: 2362-B Rayburn House Office Building
Witnesses:
Phyllis L. Bayer, Assistant Secretary of the Navy (Energy, Installations and Environment)
Alex A. Beehler, Assistant Secretary of the Army (Installations, Energy and Environment)
John W. Henderson, Assistant Secretary of the Air Force (Installations, Environment and Energy)
The Way Forward on Border Security
Date: Wednesday, March 6, 2019 at 10:00 a.m. (House Homeland Security Committee)
Location: 310 Cannon House Office Building
Witness:
Kirstjen Nielsen, Secretary, Department of Homeland Security (DHS)
THEMES IN WASHINGTON THIS WEEK
Legal
Sixteen States Sue Trump Administration to Stop Emergency Declaration on Border Wall
A coalition of 16 states, led by California, filed a federal lawsuit on February 18 to block President Trump’s national emergency declaration to build a wall along the Southern border. The lawsuit argues that President Trump’s emergency declaration is a “flagrant disregard for the separation of powers” because it circumvents Congress by redirecting about $6.7 billion in federal funding to build a border wall. In addition, the lawsuit argues the plaintiff states could lose significant federal funding under the national emergency, including funding currently intended to support law enforcement and anti-drug efforts. The lawsuit also notes President Trump’s own comments while announcing the emergency declaration on February 15 indicate “an emergency declaration is not necessary.” On February 15, President Trump said he could have “done the wall over a longer period of time. I didn’t need to do this.”
California is joined in the lawsuit by Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon and Virginia. The states filed the lawsuit in California’s Northern District.
Public Citizen, an advocacy group representing Texas landowners whose property is along the Southern border, also filed a lawsuit on February 15. House Democrats may also file a federal lawsuit, likely arguing that Congress alone can appropriate funds.
Government Shutdown Worsens Immigration Court Backlog
The immigration court backlog was exacerbated by the 35-day partial government shutdown, according to a report by Syracuse University’s Transaction Records Access Clearinghouse (TRAC). An estimated 80,051 immigration court hearings that were scheduled to happen during the government shutdown were either left blank or marked as “canceled” in the court’s database, with the stated reason for cancellation being “court closure.” As of February 1, the number of pending cases in the immigration court backlog stands at 829,608, but that number may not yet reflect new filings or cases put back on the active docket. The current immigration backlog is a dramatic increase from the 650,000 case backlog in December 2017 and the 300,000 case backlog in 2011.
In addition, the backlog will likely be exacerbated by up to 300,000 other immigration cases that may be reclassified from complete to open due to a Department of Justice (DOJ) policy change that prevents immigration judges to close cases without issuing a decision. This practice allowed immigration judges to delay a case while immigrants applied for a visa or green card, a process that can take years.
Federal Court Blocks Trump Administration from Withholding Federal Grants from Sanctuary Cities
On February 15, U.S. District Judge Manuel Real issued a permanent injunction barring the Trump administration from withholding federal funding from so-called sanctuary cities. Following earlier rulings, including from the U.S. Court of Appeals for the Ninth Circuit, Judge Real found the administration’s unilateral creation of new grant conditions is constitutionally impermissible because it “upset[s] the constitutional balance between state and federal power by requiring local law enforcement to partner with federal authorities.”
The ruling revolves around the Gang Suppression Planning Grants Program and the Edward Byrne Memorial Justice Assistance Grants (JAG) program. Pursuant to a 2017 executive order on interior immigration enforcement, the Trump administration attached new conditions to this funding and attempted to withhold the funding from cities that opted to limit their cooperation with federal immigration enforcement officials consistent with existing federal requirements. The plaintiffs, including the city of Los Angeles, argued that requiring localities to partner with federal authorities compromises effective law enforcement by deterring undocumented immigrants from reporting crimes.
Federal
Congress Set to Consider Resolution to Terminate Emergency Declaration on Border Wall
Rep. Joaquin Castro (D – Texas) introduced a joint resolution in the House on February 22 to terminate President Trump’s national emergency declaration to build a wall along the Southern border, setting up a vote by the full House and likely the Republican-controlled Senate. Speaker Nancy Pelosi urged members of Congress to support the resolution, which so far has 222 co-sponsors including Rep. Justin Amash (R – Michigan), arguing that the national emergency “must be terminated…to uphold the Constitution, and defend our system of checks and balances.” The vote in the House, where passage seems assured, is expected by mid-March. Under the National Emergencies Act (NEA), the Senate must vote on the resolution within 18 calendar days if it passes the House. The resolution cannot be filibustered and only requires a simple majority to pass the Senate. However, some procedural uncertainties remain, because there has never been a congressional effort to block a national emergency.
Previously, on February 21, Senate Minority Leader Chuck Schumer (D-New York) announced that he will introduce the joint resolution in the Senate. Under the NEA, Senators will have 15 calendar days to consider the resolution in committee and three calendar days after that to vote on the measure. The House and Senate resolutions are separate but can be considered simultaneously if the same language is voted on in both chambers.
Polling has shown that a majority of American voters, 51 percent, oppose the declaration. On February 22, President Trump pledged to issue a veto if Congress passes a resolution to block the emergency declaration. A number Senate Republicans have expressed varying degrees of concern and/or opposition to the emergency declaration with Sen. Susan Collins (R – Maine) saying she is “strongly opposed” to the emergency declaration and also “support[s] the lawsuit that has been brought” against it. It is uncertain whether there would be enough Republican opposition to override a Trump veto in either house.
DHS Secretary Nielsen Announced Security Plan with Central American Countries
On February 20, the Department of Homeland Security (DHS) Secretary Kirstjen Nielsen announced a regional security plan with three Central American countries to combat the trafficking of individuals to the U.S.-Mexico border. Nielsen said the plan, which partners the U.S. with Honduras, El Salvador and Guatemala, will help secure the Southern border and improve conditions in the Central American countries. El Salvador’s government said the plan is supposed to target finance, logistic and communication networks of human-trafficking organizations. The plan will also reportedly increase the use of intelligence-sharing technology between the countries. In addition, the three Central American countries will seek to revise their policies for combating such groups. It was not clear if the U.S. will provide additional funding for efforts related to this new security plan.
The announcement of these new efforts comes as a report from ProPublica indicated that the number of new human smuggling cases launched by Homeland Security Investigations (HSI) fell from 3,920 in fiscal year (FY) 2017 to 1,674 in fiscal year (FY) 2018, a decline of almost 60 percent. Critics have asserted that the drop in cases opened by HSI, the investigate agency of Immigration and Customs Enforcement (ICE), coincides with the Trump administration’s increasing focus on low-level immigration enforcement, such as locating businesses that employ undocumented workers, tracking down individual visa overstays, or targeting low-level “coyotes.”
Processing Delays for Naturalization Applications Doubled in Two Years
The wait time for Lawful Permanent Residents (LPRs) to naturalize is now an average of almost 10 months, twice as long as two years ago, according to a report by the New York Times. In some cities, such as Las Vegas, applicants for U.S. citizenship could wait up to 31 months. The processing delays come as the Trump administration reportedly increased its scrutiny of naturalization applications, diverted staff from reviewing them to work on other issues, and introduced proposals to make it harder for LPRs to qualify and complete the process. An estimated 750,000 naturalization applications were pending at the end of June 2018, the latest available figures.
U.S. Citizenship and Immigration Services (USCIS) stated the delays are due to an increase in the number of applications, arguing that the agency is “completing more citizenship applications, more efficiently and effectively.” Yet, according to a report by Boundless Immigration, the rate at which naturalization applications are being processed is at the lowest in a decade. The report notes that USCIS completed 50 percent of its applications in 2017, compared to 60 percent in 2016. The report also argues that when naturalization applications surged in previous years, USCIS was able to utilize enough resources to process them in a more timely manner.
On February 12, 86 members of Congress sent a letter to USCIS Director Lee Francis Cissna raising concerns about the “alarming growth in processing delays,” saying it “appears to represent part of USCIS’s larger shift toward prioritizing immigration enforcement over the service-oriented adjudications at the core of the agency’s mandate.”
Report: Family Separations Continue under Questionable Determinations that Parents Represent a “Danger” to Their Children
According to a report by USA Today, the Trump administration continues to separate children from their parents in certain circumstances after crossing the U.S.-Mexico border. The practice generally happens when a parent is deemed to present a danger to a child, but immigration advocates have raised concerns that the process is vulnerable to mistakes or abuse and provides no due process for parents. Immigration advocates also expressed concerns that some parents are deemed a danger over immigration violations or minor criminal convictions. The decision to separate a family is made by U.S. Customs and Border Protection (CBP) agents or officers and their supervisors, who generally lack training on child welfare issues, and the decisions are not reviewable by child welfare specialists or judges.
The Department of Health and Human Services (HHS) noted that border officials separated about 218 children from their parents on child welfare grounds since a federal judge blocked the Trump administration from pursuing its family separation policy in June 2018.
Trump Administration Moves to End Work Permits for Spouses of High-Skilled Workers
USCIS has completed a proposal to end work authorization permits for dependent spouses of H-1B visa high-skilled workers. The proposal was reportedly sent to the White House Office of Management and Budget (OMB) on February 20 and will likely take several weeks before it is published for public comment in the Federal Register. About 90,000 individuals, mostly women, hold H-4 work permits. Immigration advocates note that preventing spouses of H-1B visa holders to work will likely deter high-skilled workers from coming to the U.S. The proposal followed the issuance of President Trump’s April 2018 “Buy American and Hire American” executive order, which also called for changes to the H-1B visa process.
Congress Authorizes 4,000 Afghan Special Immigrant Visas (SIVs)
Congress authorized an additional 4,000 Special Immigrant Visas (SIVs) for Afghan interpreters, translators, and partners in the spending bill funding the federal government for the remainder of fiscal year (FY) 2019, which President Trump signed on February 15. The measure, which supports the Afghan SIV program, will help protect Afghan allies who served alongside U.S. service members and diplomatic personnel as translators, interpreters and other support staff during the U.S. missions in Afghanistan and face threats because of their service. An estimated 10,955 Afghan applicants and 12,067 family members have applied for an SIV visa and are currently waiting for the backlog to clear.
GOVERNMENT REPORTS
There were no immigration-related government reports published on the week of February 18, 2019.
SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES
Border Security Along the Southwest Border: Fact Sheet
This fact sheet provides a summary of current border security resources and recent migration trends along America’s Southern border.
Infographic: The Economic Case for Temporary Protected Status (TPS)
This infographic highlights the negative consequences of removing Temporary Protected Status (TPS) workers from the U.S. economy.
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*This Bulletin is not intended to be comprehensive. Please contact Christian Penichet-Paul, National Immigration Forum Policy and Advocacy Associate, with comments and suggestions of additional items to be included. Christian can be reached at cpenichetpaul@immigrationforum.org. Thank you.