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. 2937
HELP Separated Children Act
This bill seeks protect children affected by immigration enforcement actions. This bill is a companion bill to H.R.5950.
Sponsored by Senator Tina Smith (D – Minnesota) (23 cosponsors – 22 Ds, 1 I)
05/23/2018 Introduced in the Senate by Senator Smith
05/23/2018 Referred to the Senate Committee on the Judiciary
H.R.5876
Border Wall Trust Fund Act
This bill would allow the Secretary of the Treasury to accept public donations to fund the construction of a barrier on the border between the United States and Mexico.
Sponsored by Representative Diane Black (R – Tennessee) (4 cosponsors – 4 Rs)
05/18/2018 Introduced in the House by Representative Black
05/18/2018 Referred to the Committee on Homeland Security and Committee on Ways and Means
H.R.5950
HELP Separated Children Act
This bill seeks protect children affected by immigration enforcement actions. This bill is a companion bill to S. 2937.
Sponsored by Representative Lucille Roybal-Allard (D – California) (6 cosponsors – 6 Ds)
05/23/2018 Introduced in the House by Representative Roybal-Allard
05/23/2018 Referred to the House Committee on the Judiciary
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate and House of Representatives will be out of session the week of Monday, May 28, 2018.
UPCOMING HEARINGS AND MARKUPS
An Unsecure Border And The Opioid Crisis: The Urgent Need For Action To Save Lives
Date: Wednesday, May 30, 2018 at 9:30 a.m. (House Committee on Homeland Security, Subcommittee on Border and Maritime Security)
Location: University of Arizona, College of Medicine – Phoenix, 550 E. Van Buren Street, Phoenix, Arizona
Witnesses: TBD
THEMES IN WASHINGTON THIS WEEK
Federal
Discharge Petition on Dreamers Gains Steam, as Republican Leaders Look for Compromise
A discharge petition filed by a group of House Republicans to address the future of Dreamers continued to gain bipartisan support this week, despite ongoing efforts by House Republican leaders to develop a consensus bill on immigration that satisfies both pro-immigration lawmakers and immigration restrictionists in the Republican conference. As of May 25, 213 lawmakers had signed onto the petition – 23 Republicans and 190 Democrats – five signatures short of the required 218. Republican may need to provide the last five signatures, as three Democrats have indicated they will not sign onto the petition over concerns that the final product will fund a border wall.
Rep. Jeff Denham (R-California), one of the leaders of the effort on the discharge petition, said on May 23 that he plans to hold back the final signatures as negotiations between House Republican leaders and immigration restrictionists continue. The discussions revolve around finding a permanent solution for Deferred Action for Childhood Arrival (DACA) recipients and providing more funding for border security. Denham said the group has reached “an agreement in principle,” with Rep. Carlos Curbelo (R-Florida) adding that there is “a loose framework of an agreement.” The main sticking point in the discussions revolves around providing DACA recipients with an opportunity to earn U.S. citizenship in the future. House Republicans are expected to have a two-hour meeting on the topic after Congress returns for its two-week recess on June 7.
Separate from conversations on a consensus bill, House Majority Whip Steve Scalise (R-Louisiana) announced on May 21 that the House will vote on Rep. Goodlatte’s (R-Virginia) Securing America’s Future (SAF) Act, most likely on the week of June 22. The Freedom Caucus requested that Republican House leaders schedule a vote for this bill in exchange for their support for an unrelated farm bill.
In a Fox News interview that aired on May 24, President Trump reiterated his demand for a border wall as part of any deal Congress reached on Dreamers: “unless [the proposal] includes a wall, and I mean a wall, a real wall, and unless it includes very strong border security, there’ll be no approvals from me.” Trump previously rejected bipartisan proposals that would have funded a border wall in exchange for permanent legal status for Dreamers. Meanwhile, Senate Majority Leader Mitch McConell (R-Kentucky) said on May 24 the Senate may not consider a bill the House passes unless it has President Trump’s support.
Trump Holds MS-13 Roundtable in Long Island; Threatens Aid Cuts to Central America
At a May 23 roundtable on the criminal gang MS-13 in Long Island, New York, President Trump threatened to reduce foreign aid to the home countries of undocumented immigrants. The proposal, aimed at curbing unauthorized immigration to the U.S., would deduct the aid on a per capita basis “every time someone comes in from a certain country.”
Trump did not provide specifics about the proposal and it remains to be seen whether such a proposal would call for assessing penalties based on all illegal entrants or solely those who later go on to commit crimes in the U.S. With an influx on Central American asylum seekers fleeing gang violence and instability in their home countries, this policy could have a dramatic impact on countries like El Salvador, Guatemala, and Honduras.
Experts have argued that U.S. aid directed at combatting gang violence and poverty is essential to prevent undocumented immigrants from coming to the U.S.
Trump Picks Immigration Skeptic to Oversee Refugee and Asylee Processing
On May 24, President Trump nominated immigration skeptic Ronald Mortensen, a former Foreign Service officer, to serve as assistant secretary of State for Population, Refugees and Migration. Mortensen, a fellow at the restrictionist Center for Immigration Studies, has argued that undocumented immigrants “routinely commits multiple felonies,” has written in opposition to DACA, and has criticized Republican Senators who have been supportive of immigration reform.
If confirmed by the Senate Mortensen, would be responsible for overseeing the U.S. refugee resettlement and processing of asylum seekers.
DHS Issues Proposed Rule to End Program for Foreign Entrepreneurs
The Department of Homeland Security (DHS) issued a proposed rule that would end a program allowing certain foreign entrepreneurs to come to the U.S. to develop and build start-up businesses in the U.S. while on a temporary immigration status. According to the DHS, the program is “an overly broad interpretation of parole authority, lacks sufficient protections for U.S. workers and investors, and is not the appropriate vehicle for attracting and retaining international entrepreneurs.” The International Entrepreneur Rule, as is the program known, came into effect at the end of 2017 after being delayed by the Trump administration. The administration had previously indicated it was likely to rescind it. The rule was originally proposed by the Obama administration and supposed to take effect in July 2017.
Education Secretary DeVos Says Schools Should Decide Whether to Report Undocumented Students
In a May 22 congressional hearing, Secretary of U.S. Education Department Betsy DeVos said that schools within local communities should decide whether they will report undocumented students to immigration authorities. In response to a question from Rep. Adriano Espaillat (D-New York) in a hearing before the House Committee on Education and the Workforce, DeVos stated that it’s “a school decision, a local community decision” whether to report undocumented students. DeVos urged the committee to “do its job and address and clarify where there is confusion around this.”
DeVos’s statements spurred criticism from immigration and education advocates, with many noting that the U.S. Supreme Court has made clear that that public schools are obligated by the Constitution to provide education to all children, regardless of immigration status.
Trump Administration Issues Few Waivers to Travel Ban
According to a May 22 report in the Washington Post, immigration authorities have issued few waivers to citizens of the seven countries listed in the President Trump’s travel ban – Syrian, Iran, Somalia, Libya, Yemen, North Korea and Venezuela.
In oral arguments defending the travel ban last month, the administration told the Supreme Court that it cleared more than 400 people for waivers since implementation of the ban last December, and the latest data shows the figure has climbed to 655 in mid-May. Issued under a case-by-case approach, waivers are to be issued when the “issuance is in the national interest, the applicant poses no national security or public safety threat to the United States, and denial of the visa would cause undue hardship.”
Immigration advocates have contended that the waivers are nearly impossible to obtain and have pointed to clear hardship cases where a waiver has been denied, including an 11-year old Yemeni girl with cerebral palsy with U.S. citizen parents. The State Department claims it has issued hundreds of waivers but refuses to provide information about specific numbers and the recipients. Advocates are only aware of approximately 25 known waiver recipients out of hundreds who have applied. In at least some cases, according to the Washington Post, visa applicants were never notified of receiving a waiver or were notified of receiving a waiver but were not provided a visa.
Legal
Justice Department and Philadelphia Unable to Settle “Sanctuary City” Lawsuit
The U.S. Department of Justice (DOJ) and Philadelphia officials both declined a compromise proposal as suggested by U.S. District Judge Michael Baylson in a lawsuit over the city’s policies limiting its involvement with federal immigration authorities. Philadelphia filed a suit against the Justice Department last year after the government withheld grant funding from the city over what DOJ has characterized as its “sanctuary city” policies.
Philadelphia currently has a policy barring local law enforcement from turning immigrants over to Immigration and Customs Enforcement (ICE) unless ICE provides a warrant signed by a judge. Judge Baylson proposed that the city instead accept criminal documentation for immigration detainers in lieu of a warrant signed by a judge. He also suggested that ICE agents should have adequate resources to track released individuals and that the city should cooperate if it receives notice that ICE plans to take custody of those individuals.
ICE rejected the proposal, stating that it “would require the allocation of substantially greater resources that . . . are not practically possible or sustainable.” Philadelphia also rejected the proposal, explaining that nothing short of a judicial warrant could “resolve the problems inherent in responding to ICE detainers issued by immigration officers, namely, the risk that ICE identifies the wrong person or attributes one person’s citizenship or immigration status to another, and the perception that the City is acting ‘as an extension of ICE.’”
State and Local
Maryland County to Finance Legal Aid for Immigrants Facing Deportation
On May 22, the Montgomery County (Maryland) Council approved a special measure creating a new legal fund for immigrant residents facing deportation. The $300,000 fund in the Council’s 2019 budget, will help immigrants access legal aid. Those with certain prior criminal convictions are ineligible for assistance.
TN Governor Allows Anti-Sanctuary Bill to Pass Without His Signature
On May 21, Governor Bill Haslam (R- Tennessee) permitted a measure prohibiting “sanctuary cities” in the state to become a law without his signature. The new policy, which will take effect in January 2019, will require local law enforcement officials to carry out additional immigration enforcement activities, including honoring federal immigration detainers, which many federal courts have found to be legally questionable. Immigration advocates criticized the governor and the legislation, arguing the measure is constitutionally suspect, imposes unfunded mandates, and could have unintended consequences.
Skills and Workforce Development
Labor Shortages and Changing Demographics Highlight Need for Reform
Recent reports showing declines in population growth and labor shortages highlight how a dysfunctional immigration system strains employers. Even as the federal government ramps up immigration enforcement, levels of unauthorized migration continue to decline, and the unemployment rate remains low, U.S. businesses are increasingly facing a shortage of workers. Some are turning towards hiring more refugees and other immigrants to fill open positions in sectors a dearth of workers pose challenges, but continue to struggle to find the workers they need. Agriculture and construction, two industries that have relied on undocumented workers, have been particularly impacted by the increased focus on immigration enforcement.
As businesses struggle with worker shortages amid low unemployment, government data showed that the number of babies born in the U.S. dropped to a 30-year low and women’s fertility rate hit 60.2 births per 1,000, the lowest level since the government began tracking it more than a hundred years ago. A falling birthrate only further highlights the need for immigrant workers in the future. If immigration levels decline along with the decline in the birthrate, indicates that employers are likely to continue to face labor shortages in the coming years, hurting employers, consumers, and the economy as a whole.
GOVERNMENT REPORTS
Congressional Research Service: Permanent Legal Immigration to the United States: Policy Overview, May 11, 2018 (by William A. Kandel)
This report examines paths to permanent legal immigration status in the U.S. Specifically, it analyzes family- and employment-based visa, diversity immigrant visa and other permanent immigration categories. The report also describes immigration patterns and provides visa processing dates for some of the categories.
Congressional Research Service: Department of Homeland Security Appropriations: FY2018, May 22, 2018 (by William L. Painter)
This report is an overview and analysis of FY2018 appropriations for the Department of Homeland Security (DHS), focusing primarily on congressional direction and funding provided to the department through the appropriations process.
Congressional Research Service: DACA Rescission: Legal Issues and Litigation Status, May 22, 2018 (by Ben Harrington)
This slide bar summarizes latest developments in litigations over termination of DACA. It provides overview of current status for each of the lawsuits challenging the rescission and describes the main legal issues in those cases.
SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES
Discharge Petition on Dreamers: An Explainer
This blog provides an overview of the Discharge Petition on Dreamers filed on May 9 to bring the Queen of the Hill resolution to the floor of the House for a vote.
Statement for the Record: “Stopping the Daily Border Caravan: Time to Build a Policy Wall”
This is a Statement for the Record the National Immigration Forum submitted for the House Homeland Security subcommittee on Border and Maritime Security hearing on “Stopping the Daily Border Caravan” held on May 22, 2018.
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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.