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. 7100
The bill adds Ireland to the E-3 nonimmigrant visa program, which allows citizens of Australia in specialty occupations to come to the U.S.
Sponsored by Representative James Sensenbrenner (R-Wisconsin) (1 cosponsor – 0 Republicans, 1 Democrat)
10/26/2018 Introduced in the House by Representative Sensenbrenner
10/26/2018 Referred to the House Committee on the Judiciary
H.R. 7106
Authorizing Moderated Enumeration Responses Including Citizenship Acquisition (America) Act
This bill provides that the penalty for refusing to answer a question from the decennial census applies only to cases where the question allows the government to obtain information needed for the enumeration of the population of the U.S., including the enumeration of its U.S. citizen and noncitizen populations.
Sponsored by Representative Duncan Hunter (R-California) (o cosponsors)
10/30/2018 Introduced in the House by Representative Hunter
10/30/2018 Referred to the House Committee on Oversight and Government Reform
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate and the U.S. House of Representatives are in recess until Tuesday, November 13, 2018.
UPCOMING HEARINGS AND MARKUPS
There are no immigration-related hearings or markups scheduled for the week of Monday, November 5, 2018.
THEMES IN WASHINGTON THIS WEEK
Federal
Military Deploys 5,200 Troops to the Border; President Trump Delivers White House Remarks on Immigration
The Pentagon announced on October 29 that it will send at least 5,239 active-duty U.S. troops to the Southwest border in response to a caravan of Central American migrants. The caravan, which includes many women ,children, and other asylum seekers, is traveling through Southern Mexico hundreds of miles from the U.S.-Mexico border. President Trump stated that the troop deployment, which originally was planned to be 800 troops, could double or triple in size. The Pentagon noted that “5,239 is not the top line” but just an initial request from the Department of Homeland Security (DHS), and that 3,000 troops are on “ready reserve” and could be deployed later. The deployment appears to be the largest active-duty mobilization at the U.S.-Mexico border in a century. Combined with 2,000 National Guard members already in place, it will surpass the combined U.S. military presence in Iraq and Syria. The Pentagon said it will also send military equipment and supplies, including helicopters, to the Southwest border.
Under federal law, military troops are not allowed to engage in law enforcement activities on American soil, including immigration enforcement activities. Instead, the troops are expected to assist U.S. Customs and Border Protection (CBP) by building tents, providing medical support, transporting CBP officials and staffing command and control centers. National security experts and veterans have been critical of the deployment, noting that the use of active-duty troops at the border will degrade military readiness, because the troops will not be able to train or prepare for America’s defense abroad.
On November 1, President Trump delivered remarks at the White House where he spoke at length about immigration, asserting that the caravan posed a national security emergency and complaining about fraud in the asylum process. Reiterating remarks from earlier in the week, he repeated the unsubstantiated claim that the caravan contained “dangerous” persons and asserted that it represented an “invasion.” He warned that the caravan would not be permitted to enter into the U.S., echoing statements from DHS Secretary Kirstjen Nielsen earlier in the week.
Offering few details, Trump indicated he would take action on immigration in the coming weeks, potentially to make it more difficult for asylum seekers to request protection. He referred to potential plans to hold migrants in tents along the border with Mexico and to detain families in immigration detention indefinitely. Immigration advocates have noted that efforts to prevent individuals from requesting asylum would be contrary to U.S. law and international treaties and have raised concerns about family detention.
President Trump Says He Can End Birthright Citizenship through Executive Action; Legal Experts and Members of Congress Disagree
President Trump stated on October 30 that he plans to sign an executive order that would end the constitutional and long-standing guarantee of birthright citizenship, a maneuver that legal experts say is unconstitutional because it violates the 14th Amendment and is contrary to over a century of legal precedent. President Trump did not specify when he would sign the order, but stated – falsely – that the U.S. is “the only country in the world where a person comes in, has a baby, and the baby is essentially a citizen.” At least 30 other countries, including Canada, provide for birthright citizenship. An executive order ending birthright citizenship would likely face an immediate challenge in federal court and is unlikely to survive judicial scrutiny. The 14th Amendment provides U.S. citizenship to any individual born on American soil, stating “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
Legal experts also note that President Trump has cannot revise the constitution via executive order, and note that it is firmly established that changing birthright citizenship would require a constitutional amendment.
On October 30, Speaker Paul Ryan dismissed President Trump’s plan to end birthright citizenship, stating that the president “obviously cannot do that” through an executive order. Republican lawmakers, including Representatives Justin Amash (R-Michigan) and Carlos Curbelo (R-Florida), also expressed their opposition to any effort to end birthright citizenship.
HIAS Vows to Continue its Work to Help Refugees in Aftermath of Synagogue Shooting
HIAS, a Jewish faith-based refugee resettlement agency, vowed to continue its work in helping refugees come and acclimate to the U.S. in the face of a mass shooting at a Squirrel Hill synagogue that shared its mission. Before committing the attack, the gunman responsible for murdering 11 synagogue congregants at Squirrel Hill expressed strong disdain for HIAS via social media, along with posting a stream of anti-Semitic conspiracy theories. The president for the Squirrel Hill-based Jewish Family and Community Service, HIAS’ Pittsburgh area affiliate, said that the attack is “not going to stop us from doing our work” helping refugees. HIAS is one of nine agencies with contracts from the State Department to help resettle refugees in American communities.
MAVNI Recruits Fear Retaliation for Following Lawsuits against the Military
Immigrants recruits enlisted in the military through the Military Accessions Vital to the National Interest (MAVNI) program allege they are facing retaliation for expressing interest in a series of lawsuits filed on behalf of MAVNI recruits. The recruits assert that expressing interest in the litigation, or merely voicing frustration at the additional background checks instituted by the Department of Defense’s (DOD) that have bottlenecked the program, have been flagged as security risks. Reportedly, involvement in the lawsuits or public criticism has led some recruited to be flagged as potentially disloyal in their counterintelligence interviews, which are meant to flag when a recruit poses a national security threat. One report listed a MAVNI recruit’s interest in MAVNI-related legal advice Facebook page as one of the reasons she “failed” her counterintelligence interview.
The MAVNI program, which was put on hold in 2016, allowed qualified noncitizens in the U.S. to enlist in the military if they had specialized medical or critical language skills, affording them an opportunity to obtain U.S. citizenship as a result of their military service. However, additional background security layers imposed on MAVNI recruits in 2016 have led to long delays, preventing many from reporting for basic training, deploying or applying for U.S. citizenship.
GOVERNMENT REPORTS
Congressional Research Service (CRS): Asylum and Related Protections for Aliens Who Fear Gang and Domestic Violence, October 25, 2018 (by Hillel R. Smith)
This legal sidebar provides an overview of asylum claims based on gang and domestic violence, the Attorney General’s recent decision in Matter of A-B-, which limits an individual’s ability to request asylum as a result of gang and domestic violence, and the new guidance from U.S. Citizenship and Immigration Services (USCIS) implementing that ruling.
SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES
Comments on Proposed Regulations Removing Key Safeguards for Children in Immigration Detention (Comments due on 11/06/2018)
Those wishing to make public comments on the Trump administration’s proposed regulations that would overturn protections for children who the Department of Homeland Security (DHS) and Department of Health and Human Services (HHS) hold in custody due to immigration laws may do so through the National Immigration Forum’s Legislative Action Center.
Essentials of Naturalization for Military Service Members and Veterans
This primer provides an overview of the military naturalization process and looks at the recent data and policy changes on military naturalizations.
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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.