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. 46
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) (233 cosponsors – 1 Republican, 232 Democrats)
02/22/2019 Introduced in the House by Representative Castro
02/26/2019 Passed in the House by a 245 to 182 vote
02/27/2019 Received in the Senate and referred to the Committee on Armed Services
H.R. 8
Bipartisan Background Checks Act
This bill would extend the background check system for gun purchases to private transactions at gun shows and over the internet. Language requiring authorities to notify Immigration and Customs Enforcement (ICE) if an individual in the U.S. without documentation attempts to buy a firearm was added to the bill via a Republican-sponsored Motion to Recommit.
Sponsored by Representative Mike Thompson (D-California) (232 cosponsors – 5 Republicans, 227 Democrats)
01/08/2019 Introduced in the House by Representative Thompson
01/08/2019 Referred to the House Committee on the Judiciary
02/22/2019 Reported by the House Committee on the Judiciary and placed in the House Calendar
02/27/2019 Motion to Recommit agreed to by a 220 to 209 vote, adding language requiring authorities to notify ICE if an individual in the U.S. without documentation attempts to buy a firearm.
02/27/2019 Passed in the House by a 240 to 190 vote
H.R. 1336
A Bill to Require the Federal Government to Provide Mental Health Services to Each Child Who Has Been Separated from One or More Parents as a Result of Implementation of the Trump Administration’s Zero Tolerance Policy at the United States Border, and for Other Purposes
Sponsored by Representative Nanette Barragan (D-California) (0 cosponsors)
02/25/2019 Introduced in the House by Representative Barragan
02/25/2019 Referred to the House Committees on Energy and Commerce and on the Judiciary
H.R. 1397
Notify ICE Act
The bill would require that authorities notify ICE when an individual without documentation is denied the ability to purchase a firearm through the National Instant Criminal Background Check System. The bill was introduced again as a Motion to Recommit and attached to H.R. 8.
Sponsored by Representative Ben Cline (R-Virginia) (15 cosponsors – 15 Republicans, 0 Democrats)
02/27/2019 Introduced in the House by Representative Cline
02/27/2019 Referred to the House Committee on the Judiciary
S.R.__
This resolution would terminate President Trump’s national emergency declaration to build a border wall in the Southern border. The House companion resolution is H. J. Res. 46.
Sponsored by Senator Susan Collins (R-Maine) (3 cosponsors – 1 Republican, 2 Democrats)
02/28/2019 Introduced in the Senate by Senator Collins
S. 636
Venezuela Temporary Protected Status (TPS) Act of 2019
This bill designate Venezuela for Temporary Protected Status (TPS) and allow certain Venezuelan nationals present in the U.S. to remain in the U.S. The House companion bill is H.R. 549.
Sponsored by Senator Robert Menendez (D-New Jersey) (4 cosponsors – 1 Republican, 3 Democrats)
02/28/2019 Introduced in the Senate by Senator Menendez
02/28/2019 Referred to the Senate Committee on the Judiciary
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate will be in session the week of Monday, March 4, 2019.
The U.S. House of Representatives will be in session from Tuesday, March 5, 2019 to Friday, March 8, 2019.
UPCOMING HEARINGS AND MARKUPS
Nomination of Joseph V. Cuffari to be Inspector General, U.S. Department of Homeland Security
Date: Tuesday, March 5, 2019 at 2:30 p.m. (Senate Homeland Security and Governmental Affairs Committee)
Location: 342 Dirksen Senate Office Building
Witness: Joseph V. Cuffari, nominated to be Inspector General, Department of Homeland Security
DHS Office of the Inspector General
Date: Wednesday, March 6, 2019 at 9:30 a.m. (House Appropriations Subcommittee on Homeland Security)
Location: 2358-A Rayburn House Office Building
Witness: John V. Kelly, Acting Inspector General, Department of Homeland Security
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)
Protecting Dreamers and TPS Recipients
Date: Wednesday, March 6 at 10:00 a.m. (House Judiciary Committee)
Location: 2141 Rayburn House Office Building
Witnesses: TBA
Oversight of Customs and Border Protection’s Response to the Smuggling of Persons at the Southern Border
Date: Wednesday, March 6, 2019 at 10:00 a.m. (Senate Judiciary Committee)
Location: 226 Dirksen Senate Office Building
Witnesses: TBA
Executive Office for Immigration Review
Date: Thursday, March 7, 2019 at 10:00 a.m. (House Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies)
Location: H-309 U.S. Capitol
Witness: James McHenry, Director, Executive Office for Immigration Review (EOIR), Department of Justice
Reauthorization of the Violence Against Women Act
Date: Thursday, March 7, 2019 at 10:00 a.m. (House Judiciary Committee)
Location: 2141 Rayburn House Office Building
Witnesses: TBA
THEMES IN WASHINGTON THIS WEEK
Federal
House Passes Resolution to Block National Emergency; Resolution Gains Momentum in the Senate
The House passed a resolution on February 26 to terminate President Trump’s national emergency declaration to build a border wall along the Southern border by a 245 to 182 vote, with 13 Republicans joining all Democrats to block the emergency declaration. Under the National Emergencies Act (NEA) of 1976, the Senate must now consider the resolution, where it needs a simple majority to pass. As of March 1, Sens. Susan Collins (R-Maine), Lisa Murkowski (R-Alaska) and Thom Tillis (R-North Carolina) have committed to supporting the House resolution, increasing the likelihood it can pass the Senate.
Before the House vote, House Republican leaders worked to limit Republican defections. Yet, the House Liberty Caucus, led by Rep. Justin Amash (R-Michigan), urged lawmakers to support the resolution, arguing “this national emergency declaration does not conform to our constitution.” After the vote, Rep. Jim Sensenbrenner (R-Wisconsin) stated he voted for the resolution because “it is imperative that no administration, Republican or Democratic, circumvent the will of Congress.”
The Senate must now consider the resolution within 18 calendar days, though procedural uncertainties remain because this is the first congressional effort to block a national emergency. The House resolution cannot be filibustered in the Senate. On February 25, Tillis announced he would vote against the national emergency, saying he could not “justify providing the executive [branch] with more ways to bypass Congress.” Meanwhile, Murkowski and Collins co-sponsored a Senate resolution identical to the House resolution to block the national emergency.
On February 26, Vice President Mike Pence reportedly met stiff resistance at a Senate Republican lunch where they discussed the national emergency. That same day, Senate Majority Leader Mitch McConnell (R-Kentucky) indicated he is not sure if the national emergency is legal. On February 28, Sen. Lamar Alexander (R-Tennessee), who remains undecided on the resolution, said he supports President Trump on border security, but that the national emergency declaration turns the border security conversation into a “constitutional crisis about separation of powers.” Other Republican Senators who remain undecided include Sens. Johnny Isakson (R-Georgia), Mike Lee (R-Utah) and Rand Paul (R-Kentucky), with additional defections possible.
On February 26, a bipartisan group of 58 former national security officials issued a statement saying “there is no factual basis” for President Trump’s proclamation of a national emergency to build a border wall. In addition, several former Republican members of Congress issued an open letter calling on Congress to pass a resolution to terminate the emergency declaration.
House Democrats Question Administration Officials on Family Separations, Sexual Abuse Complaints and National Emergency
House Democrats questioned officials from the Trump administration on February 26 and 27 in oversight hearings over the administration’s “zero tolerance” policy, which led to family separations, and President Trump’s national-emergency declaration on the border wall.
In the February 26 House Judiciary Committee hearing on the Trump administration’s family separation policy, administration officials acknowledged that they failed to raise objections about the “zero tolerance” policy to prosecute all migrants apprehended at the U.S.-Mexico border. The policy, which led to family separations, went into effect over the objections of career officials who warned separation from their families could traumatize children. U.S. Border Patrol Chief Carla Provost and Scott Lloyd, the former director of the Office of Refugee Resettlement (ORR), also acknowledged there was no mechanism to identify and track separated families. ORR is part of the Department of Health and Human Services (HHS).
Democrats on the House Judiciary Committee, led by Rep. Ted Deutch (D-Florida), highlighted data that revealed that ORR received 4,556 allegations of sexual abuse or sexual harassment of immigrant children who were held in ORR-funded migrant shelters, including allegations of sexual abuse by adult staff between October 2014 and July 2018. In addition, the Department of Justice (DOJ) received 1,303 reports of abuse over that four-year span – of which, 178 involved adult staff members. The data shows an increase in the number of complaints as the incidence of separating children from their parents at the Southern border increased, pursuant to the Trump administration’s zero tolerance. Commander Jonathan White, an HHS official responsible for the reunification families, testified in the hearing that “the safety of minors is our top concern” and “none of the allegations involved O.R.R. federal staff.” White also said the allegations, “were all fully investigated and remedial action was taken where appropriate.” The data does not show the outcome of every complaint.
Also on February 26, the House Oversight Committee voted to subpoena records from HHS, DOJ and the Department of Homeland Security (DHS) on family separation during a committee business meeting. The committee is seeking details on the children separated from their parents, the location and facilities where they were held, efforts to reunite the children with their parents and whether the parents were deported. All Democrats and two Republicans in the committee, Reps. Chip Roy (R-Texas) and Justin Amash (R-Michigan), voted for the subpoenas.
In addition, the House Appropriations Committee held a hearing on February 27 on President Trump’s national emergency declaration, which aims to redirect billions in federal funding to border wall construction, including $3.6 billion in funding from military construction projects. At the hearing, the Assistant Secretary of Defense for Sustainment noted that, in light of the national-emergency declaration, “some current military construction projects may be deferred” and the Department of Defense (DOD) will look to delay projects that “pose no or minimal operation readiness risks if deferred.”
House Democrats to Introduce Dream and TPS Bill on March 12
Rep. Lucille Roybal-Allard (D-California) and other House Democrats will reportedly introduce legislation on March 12 to protect Dreamers and Temporary Protected Status (TPS) holders, as well as Deferred Enforced Departure (DED) recipients, from deportation. The bill, called the Dream and Promise Act of 2019 (H.R. 6), will reportedly provide Dreamers with protection from deportation and an opportunity to obtain U.S. citizenship in the future if they fulfill certain education, employment or military requirements. The bill will also provide TPS holders and DED recipients who meet certain requirements with lawful permanent resident (LPR) status, allowing them to naturalize after five years as permitted by U.S. law. According to a news report by Roll Call, it remains unclear whether any House Republicans will co-sponsor the legislation.
The legislation comes after the Trump administration rescinded Deferred Action for Childhood Arrivals (DACA) for nearly 700,000 Dreamers and TPS designations for about 300,00 TPS holders. Federal courts partially blocked both rescissions.
Trump Administration Plans to Apply “Remain in Mexico” Policy at More Ports of Entry
The Trump administration is reportedly planning to expand its “Migration Protection Protocols,” informally known as “Remain in Mexico,” to additional ports of entry along the U.S. Southern Border. On February 28, Politico reported that the administration will implement the policy, which was piloted at the San Ysidro port of entry, at other ports of entry along the Southern border in Arizona, New Mexico, Texas and California. The information comes from a Homeland Security Department representative, who said the expansion will start in the upcoming weeks.
The Migration Protection Protocols allow Customs and Border Protection (CBP) officers at the San Ysidro crossing to block asylum seekers from entering the U.S., requiring them to wait in Mexico while their requests for asylum move forward in the U.S. At least 73 people, including 13 children, have been returned to Mexico at the Tijuana port of entry under the policy so far. On February 14, the American Civil Liberties Union (ACLU) filed a legal challenge to the policy on behalf of 11 asylum seekers, arguing that it violates federal and administrative law, and that asylum seekers returned to Mexico are likely to “face a heightened risk” of crimes, including kidnapping, trafficking and murder. The policy has faced criticisms from immigration advocates, border specialists and even the leadership of the National Border Patrol Council, which has strongly backed previous Trump administration initiatives.
State Department Data Show Sharp Increases in Denials Due to Travel Ban, Public Charge Determinations
The State Department denied more than 37,000 visa applications in fiscal year (FY) 2018 due to the Trump administration’s travel ban on people from several Muslim-majority countries, as well as North Korea and Venezuela, according to State Department data published on February 26. Visa denials due to the travel ban increased from fewer than 1,000 in FY 2017, when the ban was not fully in effect.
In FY 2018, the State Department denied 15,384 applications for immigrant visas to live permanently in the U.S. and 21,645 applications for short-term non-immigrant visas, such as business or tourism. Approximately 2,200 visa applications overcame initial denials. The number of visas issued to Muslim-majority countries in the travel ban list – Iran, Libya, Somalia, Syria and Yemen – decreased 80 percent in FY 2018 compared to FY 2016, the last year without a travel ban in effect. The Supreme Court allowed the travel ban to go into partial effect in December 2017 and upheld a revised version of the ban in June 2018.
In addition, the State Department rejected 13,450 applications for immigrant visas in FY 2018 based on a determination that the applicant could become a “public charge,” a 316 percent increase from FY 2017 when it denied 3,237 applications for the same reason. On October 10, the Trump administration proposed regulations that would expand the definition of “public charge” to reject more immigrant visa applications or temporary visas if the applicant previously accessed or are deemed likely to rely on certain forms of public assistance in the future.
USCIS Reaches H-2B Cap Amid Employer Concerns, While Denials and Delays for H-1B Visas Increase
On February 22, U.S. Citizenship and Immigration Services (USCIS) reached the congressionally mandated cap of 33,000 H-2B nonagricultural worker visas for the second half of fiscal year (FY) 2019. After the announcement, employers who rely on the visas said that computer problems this year prevented many applications from being considered and highlighted the need to increase the H-2B cap. On January 1, the Labor Department’s website crashed after thousands of employers attempted to apply for the H-2B visas, which are generally distributed in a first-come, first-serve basis. On February 26, USCIS announced a proposal to use a computer-generated process, or lottery, in the fall to ensure the “fair and orderly” allocation of the next round of H-2B visas for employers who apply within the first three days.
USCIS data published on February 22 also shows the agency is denying and delaying more H-1B skilled worker visas since the collection of the data started in 2015. USCIS issued “initial denials” to nearly 25,000 H-1B applications, a 50 percent increase over the same period last year. In addition, USCIS issued about 150,000 requests for evidence (RFEs) for H-1B applications in fiscal year (FY) 2018, nearly twice as many as the 86,000 issued in FY 2017. USCIS issues RFEs to obtain additional documentation, but it may slow down the application process. The increase in denials and delays followed the issuance of President Trump’s April 2018 “Buy American and Hire American” executive order, which called for reforms to the H-1B program.
Legal
Federal Judge Blocks Texas Officials from Removing Naturalized U.S. Citizens from Voter Rolls
On February 27, a federal judge in San Antonio blocked state officials in Texas from removing about 95,000 voters, many of them naturalized U.S. citizens, from the state’s electoral rolls based on incorrect claims that the voters were noncitizens. U.S. District Judge Fred Biery ordered state officials to stop the effort, which was led by Texas Secretary of State David Whitley. Biery said the effort was “ham-handed” and “threatening,” and noted there is no evidence of widespread voter fraud in the state.
On January 25, Whitley claimed approximately 95,000 noncitizens in Texas were registered to vote and 58,000 had voted in one or two Texas elections. Whitley ordered counties to conduct “list maintenance activity,” which cancels the registration of individuals suspected of voter fraud. Biery noted that, within days, it became clear that the list compiled by the secretary of state’s office was wrong and thousands of individuals in the list were naturalized U.S. citizens eligible to vote.
State and Local
Wisconsin Governor Withdraws National Guard Troops from Border
On February 25, Gov. Tony Evers (D-Wisconsin) ordered the withdrawal of the state’s National Guard troops from the U.S.-Mexico border, which numbered about 110 before the announcement. Evers stated he ordered the withdrawal because “there is simply not ample evidence to support the president’s contention that there exists a national security crisis at our Southwestern border.” Govs. Michelle Lujan Grisham (D-New Mexico) and Gavin Newsom (D-California) previously announced that they would withdraw most of their respective states’ National Guard troops from the U.S.-Mexico border.
California Attorney General Report Finds Inadequate Conditions in Immigration Detention Facilities
California Attorney General Xavier Becerra released a report on February 26 assessing the conditions of 10 public and private immigration detention facilities in California, finding that more oversight of the facilities is needed. The report notes that many detainees in the facilities lacked adequate access to medical and mental health care, legal representation, and external communication to contact their family or other support systems. In addition, the report notes some detainees were confined in cells for up to 22 hours a day, held on average for more than 50 days, and/or faced significant language barriers. Becerra called the report “the first glimpse” and noted more oversight is essential. All the visits to the detention facilities were announced.
An Immigration and Customs Enforcement (ICE) spokesperson stated that “ICE detention facilities are subject to stringent, regular inspections” and the “safety, rights and health of detainees in ICE’s care are of paramount concern.”
GOVERNMENT REPORTS
U.S. Government Accountability Office (GAO): Department of Homeland Security: Review of the Fiscal Year 2017 Entry/Exit Overstay Report, February 22, 2019
This GAO report reviews the Department of Homeland Security’s (DHS) estimate of the number of individuals who arrived in the U.S. and overstayed their visa. The report found DHS has developed a system to identify the number and rate of air and sea overstays, but still provides limited departure and overstay information for land ports of entry.
Congressional Research Service (CRS): Redirecting Army Corps of Engineers Civil Works Resources During National Emergencies, February 26, 2019
This CRS product is a primer on the legal authority concerning the redirecting of U.S. Army Corps of Engineers civil works funding to construct a wall or fence along the U.S.-Mexico border.
Congressional Research Service (CRS): The Trump Administration’s “Zero Tolerance” Immigration Enforcement Policy, February 26, 2019
This CRS report provides an overview of the Department of Justice’s (DOJ) “zero tolerance” policy to prosecute all individuals crossing the U.S.-Mexico border without authorization, including asylum seekers and/or those with children.
SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES
Bill Summary: Venezuela TPS Act
This is a summary of the Venezuela TPS Act of 2019 (H.R. 549), which would designate Venezuela for Temporary Protected Status (TPS) and allow certain Venezuelan nationals present in the U.S. to remain in the U.S.
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.
Fact Sheet: Electronic Monitoring Devices as Alternatives to Detention
This fact sheet presents an overview of the benefits and concerns of the use of electronic monitoring devices, or ankle monitors, as an alternative to detention (ATD).
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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.