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Legislative Bulletin – Friday, March 29, 2019

 

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. 874

Dream Act of 2019

This bill would provide Dreamers – young undocumented immigrants who were brought to the United States as children and have lived in the U.S. for most of their lives – with protection from deportation and an opportunity to obtain legal status if they meet certain requirements.

Sponsored by Senator Lindsey Graham (R-South Carolina) (1 cosponsor – 0 Republicans, 1 Democrat)

03/26/2019 Introduced in the Senate by Senator Graham

03/26/2019 Referred to the Senate Committee on the Judiciary

S. 879

Safe Environment from Countries Under Repression and in Emergency (SECURE) Act

The bill would provide Temporary Protected Status (TPS) holders and individuals with Deferred Enforced Departure (DED) with protection from deportation and an opportunity to obtain permanent legal status in the U.S. if they meet certain requirements.

Sponsored by Senator Chris Van Hollen (D-Maryland) (8 cosponsors – 0 Republicans, 8 Democrats)

03/26/2019 Introduced in the Senate by Senator Van Hollen

03/26/2019 Referred to the Senate Committee on the Judiciary

H.R. 1928

A Bill to Amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to Impose Penalties with State Noncompliance with Enforcement of Immigration Law, and for Other Purposes

Sponsored by Representative Guy Reschenthaler (R – Pennsylvania) (3 cosponsors – 3 Republicans, 0 Democrats)

03/27/2019 Introduced in the House by Representative Reschenthaler

03/27/2019 Referred to the House Committee on the Judiciary

LEGISLATIVE FLOOR CALENDAR

The U.S. Senate will be in session the week of Monday, April 1, 2019.

The U.S. House of Representatives will be in session from Monday, April 1, 2019 to Thursday, April 4, 2019.

UPCOMING HEARINGS AND MARKUPS

Securing the Future of American Agriculture

Date: Wednesday, April 3, 2019 at 9:00 a.m. (House Judiciary Subcommittee on Immigration and Citizenship)

Location: 2141 Rayburn House Office Building

Witnesses: TBD

Department of Labor Budget Request for FY 2020

The Department of Labor’s budget request includes funding for skills and workforce development programs, which help to improve the skills of U.S. workers, including immigrants.

Date: Wednesday, April 3 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

Witness: Alexander Acosta, Secretary, U.S. Department of Labor

Unprecedented Migration at the U.S. Southern Border: By the Numbers

Date: Thursday, April 4 at 9:30 a.m. (Senate Committee on Homeland Security and Governmental Affairs)

Location: 342 Dirksen Senate Office Building

Witnesses: TBD

THEMES IN WASHINGTON THIS WEEK

Federal

McAleenan Says CBP is Overwhelmed at the Southern Border as Apprehensions Increase

Kevin McAleenan, the commissioner of U.S. Customs and Border Protection (CBP), stated on March 27 that the increase in migrants and asylum seekers apprehended along the Southern border is overwhelming CBP agents and officers, characterizing the situation as “an unprecedented humanitarian and border security crisis.” Speaking in El Paso, Texas, McAleenan confirmed that CBP is releasing migrants with an order to show up later to their immigration court hearing, rather than transferring them into Immigration and Customs Enforcement (ICE) custody for longer-term detention. McAleenan stated the policy change is as a result of “overcrowding in [CBP] facilities” and an “inadequate capacity to detain families and children at ICE and HHS.”

McAleenan noted that CBP apprehended 4,100 individuals on March 26, the highest one-day total in more than a decade, and is projected to apprehend more than 100,000 individuals in March, a thirty percent increase compared to February. To deal with the increased numbers, the Border Patrol at the El Paso Sector constructed a temporary camp under the city’s Paso Del Norte International Bridge to hold migrants. CBP data reportedly shows that daily apprehension figures over the past month have reached 2006 levels – which is the last year the number of apprehensions along the Southern border reached more than one million.

As a result of the increased workload, the Border Patrol in West Texas reportedly stopped referring migrants apprehended without documentation for prosecution for illegal entry, which was a key component of the Trump administration’s “zero tolerance” policy to prosecute all individuals apprehended without documentation along the U.S.-Mexico border. The Border Patrol also closed down its interior checkpoints across New Mexico and West Texas to help provide “appropriate care” for migrants apprehended at the border. In addition, the Border Patrol is redirecting 750 ports of entry officers and some service personnel to help process migrants, and is expanding food, transportation and medical contracts to keep pace with the latest apprehension figures.

On March 28, President Trump threatened once again to “close the Southern Border!” saying Mexico is “doing NOTHING” to stop the flow of migrants coming to the U.S., and that Honduras, Guatemala and El Salvador have “taken our money for years, and do [n]othing.” On March 28, Department of Homeland Security (DHS) Secretary Kirstjen Nielsen reportedly sent a letter to Congress to request a legislative change to address “root causes of the emergency” along the Southern border. The letter’s legislative proposals would permit DHS, in part, to deport unaccompanied migrant children from Central America more quickly. Currently, under protections established by the Trafficking Victims Protection Reauthorization Act (TVPRA), unaccompanied children from noncontiguous countries (countries other than Mexico or Canada) are required to be transferred to the custody of the Department of Health and Human Services (HHS), which works to reunite them with a family member or place them with a sponsor. Nielsen’s letter also requests legislative changes to allow DHS to hold families in detention until their cases are decided. At the same time, DHS is reportedly working on a plan to use Defense Department land and facilities to detain migrants, rather than releasing them.

Pentagon Authorizes $1 Billion for Border Barriers, as House Fails to Override Presidential Veto

The Department of Defense notified Congress on March 25 that Acting Defense Secretary Patrick Shanahan authorized up to $1 billion to be transferred from military personnel funding to construct physical barriers along the Southern border. The Pentagon will reportedly use the funds to build 57 miles of “pedestrian fencing,” improve roads and add lighting along parts of the border in Yuma, Arizona and El Paso, Texas. The Pentagon shifted the funds from the Army after it failed to meet recruitment targets that would have required the money. The funds were moved to the Pentagon’s counterdrug account, which can be used to build fences, lighting and roads in designated drug corridors, without relying on President Trump’s national emergency declaration on border security. The Defense Department plans to use up to $2.5 billion from its counterdrug account and an additional $3.6 billion from the military construction budget to construct physical barriers along the Southern border.

A group of ten Senators on the Appropriations Committee objected to the move, noting that the Defense Department notified Congress about the move rather than requesting congressional approval, as is usually required. Shanahan reportedly acknowledged that the Defense Department moved the funds without agreement from Congress but said that they were “given a legal order from the commander in chief, [and] we are executing on that order.” The decision could negatively impact the Pentagon’s ability to react quickly to military needs, with an internal Marine Corps memo warning of the impact the policies may have on military readiness, including by postponing base repairs or canceling military training.

On March 26, the House  voted 248 to 181  to override President Trump’s veto of the House resolution to terminate his national emergency declaration on border security, falling short of the required two-thirds majority (290 votes). Fourteen House Republicans joined all present House Democrats in support of overriding President Trump’s veto.

White House Extends DED for Liberians until March 2020

The White House announced on March 28 that it would extend Deferred Enforced Departure (DED) for Liberians for an additional 12 months through March 30, 2020, instead of ending the program on March 31, 2019. Under DED, which is a form of relief from removal, 800 to 3,600 Liberians living in the U.S. are protected from deportation and allowed to work legally in the U.S. DED is designated for countries and regions facing political or civic conflict or a natural disaster. The White House originally determined in 2018 that it would end DED for Liberians on March 31, 2019 but decided “upon further reflection and review . . . that it is in the foreign policy interest of the United States to extend the wind-down period of an additional 12 months.” The White House noted that forcing Liberians with DED to return home could “undermine Liberia’s post-civil war strides toward democracy and political stability” and that “extending the wind-down period will preserve the status quo while the Congress considers remedial legislation.”

Secretary Nielsen Signs Regional Compact with Central American Countries; Financial Aid in Limbo

On March 28, Department of Homeland Security (DHS) Secretary Kirstjen Nielsen announced the signing of a regional compact with Guatemala, Honduras and El Salvador to “stem the flood of irregular migration” and “[address] the ongoing humanitarian and security emergency at our Southern border.” The DHS press statement notes that the compact is part of ongoing efforts between the countries to cooperate to address human trafficking and smuggling, combat transnational criminal organizations, expand information and intelligence sharing, and strengthen border security. The compact will also reportedly focus on preventing the formation of new migrant caravans that attempt to reach the U.S. Specific details of the regional compact have yet to be released.

Meanwhile, the Trump administration is reportedly stalling a significant portion of $627 million in aid that Congress provided for Guatemala, Honduras, and El Salvador. The funds have been in a state of uncertainty for months because administration officials are reportedly not sure if President Trump wants to withhold the funds to penalize the three Central American countries for the increased flow of individuals apprehended at the U.S.-Mexico border. A State Department official noted that withholding the funds could potentially undermine the push to address the root causes of migration from the region. The funds are part of a program to foster economic growth, improve governance and increase security in Central America.

Graham, Durbin Introduce Dream Act of 2019; Van Hollen Introduces SECURE Act

Senators Lindsey Graham (R-South Carolina) and Dick Durbin (D-Illinois) introduced the Dream Act of 2019 (S. 874) on March 26, which would provide up to 2.3 million Dreamers – young people who were brought to the U.S. as children without documentation –  with protection from deportation and an opportunity to obtain legal status and stay in America if they meet certain requirements. Under the bill, Dreamers could obtain permanent resident (green card) status if they puruse a college degree, enlist in the military or show at least three years of gainful employment, among other requirements. Graham noted “there is support across the country for allowing Dreamers . . . to stay, work and reach their full potential.”  The first version of the Dream Act was originally introduced in 2001.

Also on March 26, Senator Chris Van Hollen (D-Maryland) and other Senate Democrats introduced the Safe Environment from Countries Under Repression and in Emergency (SECURE) Act (S. 879). The SECURE Act would provide Temporary Protected Status (TPS) holders and individuals with Deferred Enforced Departure (DED) with protection from deportation and an opportunity to obtain permanent legal status in the U.S. if they meet certain requirements.

As of March 29, the American Dream and Promise Act (H.R. 6) introduced in the House, which would protect Dreamers, TPS holders and individuals with DED from deportation and allow them to stay in the U.S., stood at 224 co-sponsors.

Legal

Trump Administration Seeks to Re-open 18,000 Closed Immigration Cases, Adding to Backlog

Attorneys for Immigration and Customs Enforcement (ICE) have sought to reopen more than 18,000 immigration cases in the first two years of the Trump administration that had previously been administratively closed, according to data from the Department of Justice’s Executive Office for Immigration Review (EOIR).

The administration’s policy of reopening low-priority cases that were previously closed follows the May 2018 decision by  then-Attorney General Jeff Sessions in Matter of Castro-Tum, which held that immigration judges lacked the authority to suspend immigration proceedings through the use of administrative closure. Administrative closure was a common practice used by immigration judges to temporarily remove cases from their calendars and delay removal proceedings. The practice was commonly used when an individual in deportation proceedings has a valid claim for legal status and has petitioned U.S. Citizenship and Immigration Services (USCIS), such as when an undocumented immigrant becomes eligible for a green card through marriage.

Immigration advocates have noted that this policy further exacerbated the immigration court backlog, which has surpassed 800,000 cases, while frustrating immigration judges, who lost an important docket-management tool. An ICE spokesperson confirmed ICE is continuing to reopen cases, although its ability to do so is constrained by limited resources.

DOJ Considering Change to Expand Access to Legal Representation in Immigration Cases

According to reports (subscription only), the U.S. Department of Justice (DOJ) is considering a possible regulation that would permit attorneys to represent clients in certain aspects of their immigration cases without committing to representing the client for the full duration of the case. The move, which is expected to be posted as a notice in the Federal Register and open to public feedback, is aimed at increasing access to legal representation in immigration cases, particularly in cases where the immigrant otherwise would lack representation entirely.

Under existing rules, attorneys can only extend limited representation for custody and bond hearings. The new regulation would expand this type of representation to permit attorneys to appear on individual motions to reopen cases, change venue, re-calendar proceedings, and other aspects of immigration cases.

GOVERNMENT REPORTS

There were no immigration-related government reports published during the week of Monday, March 25, 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.

Dream Act of 2019: Bill Summary

This is a summary of the Dream Act of 2019 (S. 874) introduced on March 26, 2019 by Senator Lindsey Graham (R-South Carolina). The bill would provide Dreamers – young undocumented immigrants who were brought to the United States as children and have lived in the U.S. for most of their lives – with protection from deportation and an opportunity to obtain legal status if they meet certain requirements.

High Tech: Immigrants are Indispensable to U.S. Workforce

This fact sheet focuses on immigrants in the U.S. high tech sector, highlighting key information about their demographics, income, and economic contributions.

Infographics: Dreamer and TPS Recipient Contributions

These infographics focus on the contributions of Dreamers and Temporary Protected Status (TPS) holders in nine U.S.: Arizona, Colorado, Florida, Georgia, Indiana, North Carolina, Ohio, South Carolina and Texas.

* * *

*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.

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