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.R. 2500
National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2020
This bill authorizes the FY 2020 appropriations for the Department of Defense (DOD). The bill includes provisions to prohibit DOD funding from being used to construct physical barriers along the Southern border and amend President Trump’s national emergency declaration on border security and his authority to deploy U.S. military troops to the border. The Senate companion bill is S. 1790; however, the bills are not identical.
Sponsored by Representative Adam Smith (D-Washington) (1 cosponsor – 1 Republican, 0 Democrats)
05/02/2019 Introduced in the House by Representative Smith
05/02/2019 Referred to the House Committee on Armed Services
06/12/2019 House Armed Services Committee marked up and passed the bill by a 33 to 24 vote
H.R. 2740
Departments of Labor, Health and Human Services (HHS), and Education, and Related Agencies Appropriations Act of 2020
This appropriations bill serves as a minibus to fund the Departments of Labor, HHS and Education for FY 2020, including their refugee, asylum and other immigration-related responsibilities.
Sponsored by Representative Rosa DeLauro (D-Connecticut) (0 cosponsors)
05/15/2019 Introduced in the House by Representative DeLauro
06/10/2019 House Rules Committee reported the bill to the House
06/12/2019 House debated and considered amendments to the bill
06/13/2019 House recessed, leaving the bill as unfinished business
H.R. 3239
A Bill to Require U.S. Customs and Border Protection (CBP) to Perform an Initial Health Screening on Detainees, and For Other Purposes
Sponsored by Representative Raul Ruiz (D-California) (112 cosponsors – 0 Republicans, 112 Democrats)
06/12/2019 Introduced in the House by Representative Ruiz
06/12/2019 Referred to the Committees on the Judiciary and on Homeland Security
H.R.__
Citizenship Affordability Act
The bill would ensure lawful permanent residents (LPRs) who are eligible for naturalization can access waivers to reduce or eliminate the fees associated with the naturalization process. The Senate companion bill is S. 1862.
Sponsored by Representative Norma Torres (D-California) (5 cosponsors – 0 Republicans, 5 Democrats)
06/13/2019 Introduced in the House by Representative Torres
S. 1790
National Defense Authorization Act (NDAA) for FY 2020
This bill authorizes the FY 2020 appropriations for the Department of Defense (DOD). The House companion bill is H.R. 2500; however, the bills are not identical.
Sponsored by Senator James Inhofe (R-Oklahoma) (0 cosponsors)
06/11/2019 Introduced in the Senate by Senator Inhofe
06/11/2019 Placed on the Senate Legislative Calendar
S. 1806
Permanent E-Verify Act
The bill would make the E-Verify program permanent by removing a termination provision that requires Congress to repeatedly act to extend the program.
Sponsored by Senator Mitt Romney (R-Utah) (0 cosponsors)
06/12/2019 Introduced in the Senate by Senator Romney
06/12/2019 Referred to the Senate Committee on the Judiciary
S. 1862
Citizenship Affordability Act
The bill would ensure LPRs who are eligible for naturalization can access waivers to reduce or eliminate the fees associated with the naturalization process. The House companion bill is H.R.__.
Sponsored by Senator Bob Menendez (D-New Jersey) (7 cosponsors – 0 Republicans, 7 Democrats)
06/13/2019 Introduced in the Senate by Senator Menendez
06/13/2019 Referred to the Senate Judiciary Committee
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate will be in session the week of Monday, June 17, 2019.
The U.S. House of Representatives will be in session from Tuesday, June 18, 2019 through Friday, June 21, 2019.
UPCOMING HEARINGS AND MARKUPS
Business Meeting
The meeting agenda includes consideration of Sen. Gary Peters’ (D-Michigan) Securing America’s Ports of Entry Act of 2019 (S. 1004) and Sen. Martha McSally’s (R-Arizona) Anti-Border Corruption Improvement Act (S. 731).
Date: Wednesday, June 19, 2019 at 9:30 a.m. (Senate Homeland Security and Governmental Affairs Committee)
Location: 342 Dirksen Senate Office Building
Full Committee Markup of the Emergency Border Supplemental
Date: Wednesday, June 19, 2019 at 10:30 a.m. (Senate Appropriations Committee)
Location: 106 Dirksen Senate Office Building
Executive Business Meeting
This meeting includes consideration of Sen. Lindsey Graham’s (R-South Carolina) Secure and Protect Act of 2019 (S. 1494).
Date: Thursday, June 20, 2019 at 10:00 a.m. (Senate Judiciary Committee)
Location: 226 Dirksen Senate Office Building
THEMES IN WASHINGTON THIS WEEK
Federal
President Trump Drops Tariff Threat After U.S. and Mexico Reach Migration Deal
President Trump on June 7 dropped his threat to impose tariffs on all Mexican products to the U.S. after the U.S. and Mexico reached an agreement on measures to block migrants from coming to the U.S.-Mexico border. As part of the deal, Mexico agreed to prioritize its enforcement of the Mexico-Guatemala border, promising to deploy up to 6,000 National Guard troops to the area. Mexico also agreed to the immediate expansion of the Migrant Protection Protocols (MPP), known as the “Remain in Mexico” policy, across the entire U.S.-Mexico border. The policy allows U.S. Customs and Border Protection (CBP) to require asylum seekers to wait in Mexico while their requests for asylum proceed in the U.S. In return, the U.S. would accelerate investment projects in Central America and Southern Mexico that were announced under a $5.8 billion aid package last year. President Trump’s threat to impose a tariff on Mexican products was set to go into effect on June 10.
President Trump defended the U.S. agreement with Mexico this week, saying part of the agreement remains secret and will go into effect in the future. President Trump said he would not provide more details of the secret measure because “Mexico wants to handle that” and that he would share details “when Mexico tells me it’s O.K to release it.” A close-up photograph of a paper President Trump waved to the press included a paragraph noting that if in 45 days “the measures adopted by the Government of Mexico pursuant to the [agreement] have not sufficiently achieved results in address the flow of migrants…Mexico will take all necessary steps under domestic law to bring the agreement into force.”
Marcelo Ebrard, Mexico’s foreign minister, denied there is an undisclosed immigration deal between the two countries and said there are no additional details beyond the measures announced on June 7. However, on June 10, Ebrard said Mexico would consider a regional asylum agreement if the announced enforcement measures fail to slow the number of migrants coming to the U.S.-Mexico border. The potential regional asylum agreement would likely require asylum seekers to request protection in the first country they arrive in. The Trump administration is reportedly in discussions with Guatemala to establish a “safe third country” protocol between the U.S. and Guatemala, which would require migrants from El Salvador and Honduras to request asylum in Guatemala.
President Trump indicated on June 9 that the U.S. “can always go back to our previous, very profitable, position of Tariffs” if cooperation fails with Mexico. The threat to impose tariffs on all products from Mexico received significant criticism from many Republican lawmakers, especially in the Senate.
Senate and House Mull Emergency Border Supplemental Request
Sen. Lindsey Graham (R-South Carolina) announced in a Senate Judiciary Committee hearing on June 11 that the Senate will mark up an emergency supplemental funding bill on June 19 to address the situation at the Southern border. The Senate Appropriations Committee will mark up the White House’s request for an emergency supplemental of $4.5 billion, with plans to bring it to the Senate floor after the Fourth of July recess. The White House’s request included $3.3 billion in humanitarian assistance and $1.1 billion for so-called border operations, including additional beds in ICE detention facilities. Graham has also introduced the Secure and Protect Act of 2019 (S. 1494), which would override the Flores Settlement Agreement, amend the Trafficking Victims Protection Reauthorization Act (TVPRA) and require asylum seekers to apply for protection at refugee processing centers in Central America and Mexico, among other provisions.
In addition, House Democrats are developing their own version of the emergency border supplemental request. House Democratic leaders reportedly met on June 12 to discuss the package, with plans to bring it to the floor within the next two weeks. House Democratic leaders reportedly plan to limit the emergency supplemental funding to humanitarian aid, mostly for families and unaccompanied migrant children (UACs). However, a number of House Democrats, including members of the Congressional Hispanic Caucus (CHC) and Congressional Progressive Caucus (CPC), have expressed concerns that the funds could be transferred for constructing a border barrier and ramping up immigration detention beyond current record levels.
Cuccinelli Appointed to Lead USCIS
U.S. Citizenship and Immigration Services (USCIS) announced on June 10 that Ken Cuccinelli, the former Attorney General of Virginia, was appointed to lead USCIS as Acting Director. USCIS said Cuccinelli was named principal deputy director, a new position that permitted him to be elevated to acting director under the Federal Vacancies Reform Act. A DHS spokesperson said Cuccinelli’s appointment is “in accordance with the Federal Vacancies Reform Act,” but did not elaborate on the legal basis for the appointment. Under the Federal Vacancies Reform Act, USCIS’ top official must generally be Senate-confirmed or a senior agency official who had been in their position for at least 90 days. DHS used a similar maneuver in May to appoint former Border Patrol Chief Mark Morgan as the Acting Director of ICE.
Cuccinelli’s elevation came after President Trump ousted Francis Cissna as Director of USCIS, in part because the White House thought he was not moving fast enough on the administration’s immigration enforcement priorities. Cuccinelli has expressed support for the controversial Arizona SB 1070 immigrant law, called for an end to birthright citizenship, and has called for a larger role for the U.S. military along the border. On June 13, reports emerged that John Zadrozny, an ally to White House senior adviser Stephen Miller, is expected to join USCIS in a top leadership position.
On June 14, President Trump announced that Thomas Homan, former Acting Director at Immigration and Customs Enforcement (ICE), will work in the administration as “border czar.” President Trump said Homan would likely be based out of the White House, but will be “spending a lot of time at the border.” Homan has supported increased immigration enforcement in the past, stating that as Acting Director of ICE he would dedicate more resources to conduct “at-large arrests” and that the agency would continue to arrest undocumented immigrants who are not convicted of crimes.
ICE Did Not Follow Screening Policies Before Deporting Veterans Because It Was “Unaware”
A U.S. Government Accountability Office (GAO) report released on June 6 found that ICE “did not consistently follow its policies involving veterans who were placed in removal proceedings.” The report found that although ICE is required to consider a veteran’s service record, health and other circumstances before placing them in removal proceedings, the agency did not consistently follow the procedures because it was “unaware of the policies.” ICE also failed to elevate decisions about a veteran’s removal to senior ICE officials, as it is required to do, in about 70 percent of relevant cases. In addition, ICE does not currently maintain data on the number of veterans it has deported. The report identified at least 250 veterans who faced deportation, including 92 who were eventually deported.
The report also found shortcomings in the government’s efforts to ensure immigrants serving in the military are aware of the process to become U.S. citizens. Of the deported veterans identified in the report, 85 percent were legal permanent residents and 26 had previously applied for naturalization. A military naturalization attorney noted that immigrants in the military might not be aware of the military naturalization process or may make mistakes on the application forms that prevent them from naturalizing.
ICE responded to the GAO report by stating that they would follow their procedures for screening veterans and elevating their case files.
HHS to Hold Migrant Children in Former Japanese American Internment Camp, Speed Up Release Process
The Department of Health and Human Services (HHS) announced on June 11 that it will place about 1,400 unaccompanied migrant children (UACs) in Fort Sill in Oklahoma, a 150-year old Army installation that was once used as an internment camp for Japanese-Americans during World War II. HHS said it will use the installation as a “temporary emergency influx shelter” to help process the increasing number of UACs coming to the Southern border. Fort Sill was previously used to house UACs for four months during the Obama administration. At the time, Gov. Mary Fallin (R-Oklahoma) said it was “alarming to have 1,200 children in a military Installation.”
In addition, HHS announced on June 7 that it will no longer require HHS caseworkers to reconcile a potential UAC sponsor’s immigration history with his or her Federal Bureau of Investigation (FBI) background check. An HHS spokesperson said the process was time-consuming and did not “produce any substantive information.” HHS will continue to share fingerprint information with ICE, but HHS caseworkers will no longer review the results. The change is expected to help speed up the release of UACs in government custody by two or three days.
Legal
Plaintiffs Ask Supreme Court to Delay Ruling on Census Citizenship Question; House Oversight Committee Advances Contempt Measures
The plaintiffs in a case challenging the Trump administration’s decision to include a citizenship question on the 2020 census filed a motion on June 12 asking the Supreme Court to postpone a ruling on the case. The motion requests that if the Supreme Court is not prepared to affirm a lower court’s decision to block the citizenship question from the census, they should return the case back to a lower court. The move comes after new evidence suggested that officials in the Trump administration may have misled a lower court about the origins of the census citizenship question. The Supreme Court is expected to issue a ruling on the citizenship question this summer in time for the Commerce Department to print census forms.
On June 13, the House Oversight Committee voted 24 to 15 to advance measures holding Attorney General William Barr and Commerce Secretary Wilbur Ross in contempt for failing to comply with a bipartisan subpoena for documents related to the census citizenship question. Rep. Justin Amash (R-Michigan) was the only Republican to join Democrats in the committee in support of the measures. The vote sends the measures to the full House and came on the same day that the White House asserted executive privilege over materials related to the census citizenship question.
Supreme Court to Discuss Whether to Take Up DACA Case
The Supreme Court indicated on June 10 that it would discuss at its regularly scheduled conference on June 13 whether to take up a case to review President Trump’s decision to end Deferred Action for Childhood Arrivals (DACA). The court has so far refused to grant the DOJ’s requests to reverse several lower court decisions that blocked the government from terminating DACA. However, the court’s willingness to discuss these cases on June 13 could mean that the justices decide to take up DACA for next term, which would likely result in a ruling rendered in mid-2020. The court could announce a decision to take up a case on DACA as early as June 16.
On June 3, the Supreme Court declined a DOJ request to immediately review the latest lower court ruling blocking President Trump’s termination of DACA.
State and Local
Gov. DeSantis Signs Florida’s Anti-Sanctuary Jurisdiction Bill
Gov. Ron DeSantis (R-Florida) signed legislation on June 14 barring “sanctuary jurisdictions” in Florida, forcing local law enforcement agencies to use their “best efforts to support federal immigration law” and requiring that they honor federal immigration detainers. The Florida state legislature passed the bill, S.B. 168, on May 2 largely along party lines. Although Florida does not have any “sanctuary jurisdictions,” the bill’s supporters claimed that it would help enhance overall respect towards U.S. immigration laws. Critics of the bill noted that the legislation would likely undermine community safety by discouraging immigrants from cooperating with local law enforcement and create a hostile environment that hurts Florida business.
California Lawmakers Agree to Expand Health Coverage to Young Undocumented Immigrants
Lawmakers in the California state legislature reached an agreement on June 9 to expand access to Medi-Cal, California’s Medicaid program, to all eligible individuals in the state between the ages of 19 and 25, regardless of immigration status. The expansion is part of a broader legislative package that requires all California residents to acquire health insurance or pay a penalty. The agreement is expected to provide access to insurance to an estimated 138,000 young, low-income undocumented immigrants at a cost of $98 million. California already provides health coverage for eligible undocumented children and Deferred Action for Childhood Arrivals (DACA) recipients. Gov. Gavin Newsom (D-California) praised the agreement, stating it is “structurally balanced and invests in a California for All.”
Many undocumented immigrants do not have access to health insurance, in part because they cannot afford it or work in jobs that do not provide health care coverage. They are also not eligible for subsidized health coverage under the Affordable Care Act (ACA) or Medicare.
GOVERNMENT REPORTS
Congressional Research Service (CRS): An Overview of U.S. Immigration Laws Regulating the Admission and Exclusion of Aliens at the Border, June 10, 2019
This legal sidebar provides an updated overview of existing laws and policies that govern the detention and removal process for undocumented immigrants in the U.S.
SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES
Solutions to Manage and Process Central American Migrants
This document compares the National Immigration Forum’s policy recommendations to address the increase of Central American migrants at the Southern border to ideas proposed by the Trump administration, the Secure and Protect Act (S. 1494), the United States-Northern Triangle Enhanced Engagement Act (H.R. 2615) and the Humanitarian Upgrades to Manage and Assist our Nation’s Enforcement (HUMANE) Act (S. 1303/H.R. 2522).
Bill Summary: Secure and Protect Act of 2019
This is a summary of Senator Lindsey Graham’s (R-South Carolina) Secure and Protect Act of 2019 (S. 1494), which would override the Flores Settlement Agreement and amend the Trafficking Victims Protection Reauthorization Act (TVPRA). In addition, the bill would require asylum seekers to apply for protection at refugee processing centers in Central America and Mexico, and provide for the hiring of new immigration judges.
Working Paper: Addressing the Increase of Central American Migrants
This working paper provides a set of short-term and long-term policy recommendations that can be implemented to better manage and process the increase in Central American migrants at the Southern border.
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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.