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. 1494
Secure and Protect Act of 2019
This bill would modify the Flores settlement agreement to allow for children to be detained for up to 100 days and would amend the Trafficking Victims Protection Reauthorization Act (TVPRA) to allow for expedited deportations of unaccompanied immigrant children (UACs) from noncontiguous countries. It would also require asylum seekers to apply only at refugee processing centers in Northern Triangle and Mexico and add 500 new immigration judges.
Sponsored by Senator Lindsey Graham (R – South Carolina) (0 cosponsors)
5/15/2019 Introduced in the Senate by Senator Graham
5/15/2019 Referred to the Senate Committee on the Judiciary
S. 1470
A bill to strengthen border security, increase resources for enforcement of immigration laws, and for other purposes.
This bill would reauthorize and expand the State Criminal Alien Assistance Program (SCAAP), providing funds to states and certain local governments for annual expenses associated with incarceration of undocumented criminals, which expired in Fiscal Year 2011.
Sponsored by Senator Martha McSally (R – Arizona) (3 cosponsors – 3 Republicans)
5/14/2019 Introduced in the Senate by Senator McSally
5/14/2019 Referred to the Senate Committee on the Judiciary
S. 1440
PROTECT Immigration Act
This bill would repeal the 287(g) provision in the Immigration and Nationality Act that allows the Department of Homeland Security to contract with state and local law enforcement to enforce federal immigration law. This bill is a companion to H.R. 2729.
Sponsored by Senator Cory Booker (D – New Jersey) (5 cosponsors – 4 Democrats, 1 Independent)
5/14/2019 Introduced in the Senate by Senator Booker
5/14/2019 Referred to the Senate Committee on the Judiciary
H.R. ____
Adoptee Citizenship Act of 2019
This bill would provide U.S. citizenship to individuals born outside of the United States who were adopted as children by American parents.
Sponsored by Representative Adam Smith (D – Washington) (3 cosponsors – 2 Republicans, 1 Democrat)
5/14/2019 Introduced in the House by Representative Smith
H.R. 2729
PROTECT Immigration Act
This bill would repeal the 287(g) provision in the Immigration and Nationality Act that allows the Department of Homeland Security to contract with state and local law enforcement to enforce federal immigration law. This bill is a companion to S. 1440.
Sponsored by Representative Mike Quigley (D-Illinois) (4 cosponsors – 4 Democrats)
5/14/2019 Introduced in the House by Representative Quigley
5/14/2019 Referred to the House Committee on the Judiciary
H.R. 2703
A bill to amend the Immigration and Nationality Act to clarify the admissibility and deportability of aliens acting in accordance with State and foreign marijuana laws, and for other purposes.
Sponsored by Representative Earl Blumenauer (D-Oregon) (0 cosponsors)
5/14/2019 Introduced in the House by Representative Blumenauer
5/14/2019 Referred to the House Committee on the Judiciary
H.R. 2662
Asylum Seeker Protection Act
This bill would defund the Migrant Protection Protocols (MPP) policy, commonly known as ”Remain in Mexico,” which allows CBP officers to return asylum seekers to Mexico to wait until final adjudication of their asylum requests.
Sponsored by Representative Veronica Escobar (D-Texas) (25 cosponsors – 25 Democrats)
5/10/2019 Introduced in the House by Representative Escobar
5/10/2019 Referred to the House Committee on the Judiciary
H.R. 2783
To amend the Immigration and Nationality Act to provide for certain protections for aliens granted temporary protected status or deferred enforced departure, and for other purposes
Sponsored by Representative Christopher Smith (R – New Jersey) (1 cosponsor – 1 Republican)
5/16/2019 Introduced in the House by Representative Smith
5/16/2019 Referred to the House Committee on the Judiciary
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate will be in session the week of Monday, May 20, 2019.
The U.S. House of Representatives will be in session Monday, May 20, 2019 through Thursday, May 23, 2019.
UPCOMING HEARINGS AND MARKUPS
Markup: The Dream Act of 2019, The American Promise Act of 2019, The Venezuela TPS Act of 2019
This markup will cover bills introduced in the U.S House of Representative to address the issue of young undocumented immigrants, who were brought to the U.S. as kids, known as “Dreamers”, as well as holders of Temporary Protected Status (TPS) and Deferred Enforced Departure (DED).
Date: Wednesday, May 22, 2019 at 10 a.m. (House Committee on the Judiciary)
Location: 2141 Rayburn House Office Building
A Review of the Fiscal Year 2020 Budget Request for the Department of Homeland Security
Date: Wednesday, May 22, 2019 at 9:30 a.m. (House Homeland Security Committee)
Location: 310 Cannon House Office Building
Witnesses: Kevin K. McAleenan, Acting Secretary of Homeland Security
Resources Needed to Protect and Secure the Homeland
Date: Thursday, May 23, 2019 at 9:30 a.m. (Senate Homeland Security Committee)
Location: 342 Senate Dirksen Building
Witnesses: Kevin K. McAleenan, Acting Secretary of Homeland Security
THEMES IN WASHINGTON THIS WEEK
Federal
Trump Reveals Merit-Based Immigration Plan Without Solution for DACA, TPS
On May 16, President Trump announced his administration’s new proposal to modify the current immigration system to prioritize high-skilled workers rather than family-based migration. In the proposal , visa applicants would receive points depending on their education level, age, English ability, job offers and other attributes. The administration has yet to release written details about the plan, but the White House made clear it omits a solution for DACA recipients – certain undocumented individuals who were brought to the U.S. as children. Reports indicate that the proposal also omits a solution for individuals who have been in the U.S. for years under the Temporary Protected Status (TPS) due to natural disasters or armed conflict in their home countries and that it would not reform non-immigrant visas such as visas for agricultural workers
The White House’s proposal faced immediate pushback from Democrats in both Chambers. Speaker of the House Nancy Pelosi (D – California) as well as Senate Minority Leader Charles Schumer (D – New York) spoke against the plan along with other Democratic lawmakers. Some Republican senators, including Senators John Kennedy (R – Louisiana) and John Cornyn (R – Texas), expressed skepticism about the administration’s proposal being able to be passed by Congress.
During his Rose Garden remarks, the President alluded to legislation introduced by Senator Lindsey Graham (R – South Carolina) on May 15. The legislation, the Secure and Protect Act of 2019 would drastically change the U.S. asylum system by requiring asylum seekers to apply for protections at refugee processing centers in the Northern Triangle and Mexico. Also, it would modify the Flores settlement agreement to increase the number of days that children can be held in detention from current 20 to 100, and amend the Trafficking Victims Protection Reauthorization Act (TVPRA) to allow for expedited deportations of unaccompanied immigrant children (UACs) from noncontiguous countries. In addition, it would add 500 new immigration judges. Democrats are likely to oppose Graham’s legislation.
Democrats Discuss Language Changes for Dreamer Bill, Schedule for Mark-Up
A group of House Democrats reportedly met on May 14 to resolve a set of disputes that delayed plans to advance the American Dream and Promise Act, which would protect Dreamers from deportation and allow them to remain in the U.S. if they meet certain requirements. The group reportedly agreed to make more individuals who have committed certain ineligible for the bill’s protections. The group also discussed taking out provisions allowing Dreamers to receive federal student financial aid.
Top House Democrats believe they have secured enough votes to pass the bill in the House Judiciary Committee and have scheduled the bill for mark up on May 22. House Democrats originally planned to advance the legislation in early May, but the plan stalled after the party’s leaders worried the bill as originally written could fail to receive a majority of support in the Committee. Party leaders the newly-made changes will allow the bill to pick up votes from centrist House Democrats and address criticisms raised by opponents of the legislation.
Trump Administration Continues to Send Personnel, Money to the Border
The Trump administration reportedly plans to deploy nearly 600 Transportation Security Administration’s (TSA) law enforcement officials and security operations personnel to the U.S. Southern border to assist with immigration tasks ahead of the summer travel season. The news followed reports that the Department of Defense (DoD) is considering a new request for military assistance at the border. Nearly 4,400 active duty and National Guard troops have been currently assisting Border Patrol agents with activities such as building barriers, logistics, and transportation.
On May 16, House Speaker Nancy Pelosi (D – California) said Democrats are open to providing a portion of the additional $4.5 billion the administration requested to address the “humanitarian crisis” at the border. The funds, which would be included in the pending disaster relief legislation, would be used for housing, food, transportation and other needs of migrants – not the President’s wall – at the Southern border. The decision followed Democrats’ review of the administration’s May 1 request.
On May 10, acting U.S. Secretary of Defense Patrick Shanahan authorized the transfer of an additional $1.5 billion from military funds to build over 80 miles of wall along the U.S. Southern border. More than $600 million came from funding that had been allocated for Afghan security forces to combat Taliban militants. Democratic members of the Senate appropriations subcommittees sent a letter to Secretary Shanahan, who previously authorized the transfer of up to $1 billion for the border wall from military personnel funding in March, opposing the new money transfer. DoD also signed a $646-million contract on May 15 with a New Mexico-based construction company to design and build a border wall in Arizona. The Pentagon expects completion of the construction by the end of January 2020.
The Defense Secretary is also expected to sign the Department of Homeland Security’s (DHS) request to build additional tents for about 7,500 migrants at six locations along the U.S. -Mexico border. DoD stated that Immigration and Customs Enforcement (ICE) officers will be responsible for migrant detention and custodial support at the new tent cities, not the military.
The administration also reportedly plans to start sending hundreds of asylum seekers from the border each month to two South Florida counties beginning in the next two weeks. After arrival in Florida, the migrants will be processed and provided a notice with when they need to appear in immigration court before being released into the communities. Federal officials have not disclosed their exact plan for the transfers or whether the government intends to provide the two counties financial aid.
Nielsen and Vitiello Opposed the Administration’s Planned Mass Immigration Raid Before Being Ousted
On May 13, the Washington Post reported that in the weeks before being expelled, the former Homeland Security Secretary Kirstjen Nielsen and former nominee for Director of Immigration and Customs Enforcement, Ronald Vitiello, challenged the administration’s plan to conduct immigration raids on about 2,500 parents and children in 10 major U.S. cities according to seven anonymous former and current DHS officials. The operation would have targeted cities with large Central American migrant populations, such as New York, Chicago and Los Angeles. Nielsen and Vitiello reportedly blocked the efforts due to operational and logistical concerns about lack of ICE officers’ preparation and the need to redirect resources from the border as well as potential public outrage. The DHS officials said that although the plan was not ready for execution, Nielsen and Vitiello’s objections played a role in President Trump’s decision to oust them in April.
Kirstjen Nielsen resigned as the DHS Secretary on April 7, following the White House’s announcement on April 5 to withdraw Ronald Vitiello’s nomination to serve permanently as the ICE Director.
USCIS: Immigrants in Military Denied Citizenship At Higher Rate Than Other Applicants
U.S. Citizenship and Immigration Services (USCIS) published statistics revealing that immigrants in the U.S. military have been rejected for U.S. citizenship at a higher rate than other immigrants in the U.S. The data shows that the denial rate for military applications for citizenship reached 16.6 percent at the end of fiscal year (FY) 2018, which is over five percentage points higher than the denial rate for civilian applications for citizenship, which hit 11.2 percent during the same period. At the beginning of FY 2018, the denial rate for military naturalization applications reached 20 percent, while non-military applicants were denied at a rate of about 11 percent. Attorneys of military naturalization applicants believe the higher denial rate is a result of the Trump administration’s policy changes to the military naturalization process, which made it harder for immigrants in the military to naturalize.
Legal
Fourth Circuit Rules Trump’s Termination of DACA “Unlawful”
On May 17, the Fourth Circuit Court of Appeals ruled that the Trump administration’s decision to end the Deferred Action for Childhood Arrivals (DACA), which protects undocumented immigrants brought to the U.S. as children, was unlawful because the administration failed to adequately explain the rescission. The lawsuit argues the administration failed to undergo public comment and other processes required by the Administrative Procedure Act (APA) before making its decision about the termination. The Fourth Circuit’s ruling is the latest in the legal fight about rescission of the program and is in line with the Ninth Circuit Court of Appeals’ decision on a similar case. The DC and Second Circuit Court of Appeals decisions on additional cases are still pending.
State and Local
Study: Immigrants Benefit Indiana’s Economy
On May 13, the Center for Business and Economic Research at Ball State University released a report about the fiscal, economic, and social effects of immigration in Indiana. The study, analyzing data from the late 1800s to 2013, shows that immigrants, including the undocumented, have been net contributors to the state’s social welfare and public assistance programs, and that immigration has helped stabilize declining population in nineteen Indiana’s counties. It also revealed rates of educational attainment among immigrants were increasing.
Georgia Governor Dissolves Agency Investigating Complaints About Immigration Law Violations
Georgia Governor Brian Kemp signed a state law dissolving the Illegal Immigration Reform and Enforcement Board (Board), a regulatory agency tasked with investigating public complaints about violations of the state’s immigration laws. Civil rights activists have been criticizing the board since its establishment in 2011, claiming it had become a tool for harassment as most of the complaints came from the same individual.
Lawmakers and politicians started to question its effectiveness during the 2018 race for Georgia Governor, when the then-lieutenant governor Casey Cagle (R) filed a complaint to the Board alleging the city of Decatur of establishing sanctuaries for undocumented migrants. In response, the city filed a complaint claiming the Board had violated Georgia’s transparency laws. The case was ultimately settled by the Board paying $12,000 in associated legal fees and pledging to make its proceedings more public.
GOVERNMENT REPORTS
There were no immigration-related government reports released in the week of Monday, May 13, 2019.
SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES
Facebook Live Webinar: Humanitarian Crisis at the Southern Border
In this Facebook Live webinar, the National Immigration Forum’s Director of Policy and Advocacy Jacinta Ma and World Relief’s U.S. Director of Church Mobilization Matthew Soerens discuss what can be done to solve the challenges government officials and migrants face at the Southern Border and whether recent proposals by policymakers and elected officials would be effective in addressing the crisis.
American Dream and Promise Act: Bill Summary
This is a summary of the American Dream and Promise Act (H.R. 6), which would provide Dreamers, Temporary Protected Status (TPS) holders and individuals with Deferred Enforced Departure (DED) with protection from deportation and an opportunity to stay in America if they meet certain requirements.
Impact of a Point-Based Immigration System on Agriculture and Other Business Sectors
This paper examines the current legal immigration system, proposals for a point system, and whether the point systems in Canada and Australia would be workable in the U.S. It concludes that point system proposals would not be helpful in addressing the needs of the agricultural and other industries that do not rely on high-skilled workers.
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*This Bulletin is not intended to be comprehensive. Please contact Zuzana Cepla, National Immigration Forum Policy and Advocacy Associate, with comments and suggestions of additional items to be included. Zuzana can be reached at zcepla@immigrationforum.org. Thank you.