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.6794
Immigration Innovation Act of 2018
This bill would authorize additional H-1B visas for high-skilled immigrants to live and work in the United States. This is a companion bill to S.2344.
Sponsored by Representative Mike Coffman (R – Colorado) (1 cosponsor – 1 Democrat)
09/13/2018 Introduced in the House by Representative Coffman
09/13/2018 Referred to the House Judiciary and Education and the Workforce Committees
H.Res.1073
This resolution would express the sense of the House that the Presidential Determination of the annual refugee admissions limit in fiscal year 2019 shall be no less than 110,000 and the administration operate the United States Refugee Admissions Program in good faith.
Sponsored by Representative Hank Johnson (D – Georgia) (51 cosponsors)
09/20/2018 Introduced in the House by Representative Johnson
09/20/2018 Referred to the House Judiciary Committee
H.Res.1071
Offered in response to San Francisco permitting non-citizen residents, including undocumented residents, to vote in some local elections, this resolution condemns such local policies as devaluing the franchise and diminishing the voting power of United States citizens.
Sponsored by Representative Kevin McCarthy (R – California) (0 cosponsors)
09/20/2018 Introduced in the House by Representative McCarthy
09/20/2018 Referred to the House Judiciary Committee
S.3478
This bill would bill to require the Secretary of Homeland Security to develop a comprehensive strategy for maintaining situational awareness and operational control of high traffic areas along the borders and permit the detention of children accompanied by parents in family detention. It would also promote border security technology to combat illicit opioid importation.
Sponsored by Senator Ron Johnson (R-Wisconsin) (0 cosponsors)
09/18/2018 Introduced in the Senate by Senator Johnson
09/18/2018 Referred to the Homeland Security and Governmental Affairs Committee
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate will be in session the week of Monday, September 24, 2018.
The U.S. House of Representatives will be in session from Tuesday, September 25, 2018 through Friday, September 28, 2018.
UPCOMING HEARINGS AND MARKUPS
Hidden in Plain Sight: Understanding Federal Efforts to Stop Human Trafficking
Date: Wednesday, September 26, 2018 at 11 a.m. (House Homeland Security Committee, Subcommittee on Border and Maritime Security)
Location: HVC-210 U.S. Capitol, Washington, D.C.
Witnesses: TBD
THEMES IN WASHINGTON THIS WEEK
Federal
Senate Passes Spending Bill that Funds DHS until December 7
In a 93-7 vote, the Senate approved a spending bill on September 18 that includes a continuing resolution to fund the Department of Homeland Security (DHS) at current spending levels through December 7. Congressional leaders hope the spending package will help avert a partial government shutdown once current government funding expires on September 30. The bill does not provide new funding for a wall at the U.S.-Mexico border or other controversial immigration policy riders.
However, on September 20, President Trump lashed out at the bipartisan spending bill, stating in a tweet, “I want to know, where is the money for Border Security and the WALL in this ridiculous Spending Bill, and where will it come from after the Midterms?” After the tweet, the White House did not immediately clarify whether President Trump will veto the bipartisan bill. The House is expected to adopt the spending measure next week.
Trump Administration Plans to Lower Refugee Cap to 30,000
Secretary of State Mike Pompeo announced that the administration plans to cap U.S. intake of refugees to 30,000 for fiscal year (FY) 2019, even as humanitarian groups argued that FY 2018’s cap was too low. The announcement prompted criticism from Senate Judiciary Committee Chairman Senator Chuck Grassley (R-Iowa) and House Judiciary Committee Chairman Bob Goodlatte (R-Virginia), both of whom objected to the administration’s failure to consult with Congress, as required by law. In response, the State Department indicated that the number was not final, and President Trump would make a final determination on the refugee admission limit after a formal consultation with congressional leaders. The announcement also drew sharp criticism from immigration, religious, and human rights groups.
The number announced by Secretary Pompeo is well below the current cap of 45,000 and is seen as a victory by the administration’s immigration hard-liners, with Pentagon officials and others reportedly arguing for keeping the refugee admission cap at the current level. The proposed 30,000 cap would be the lowest since the refugee program began in 1980.
The refugee cap represents a ceiling, not a floor, and in FY 2018, the administration will fall far short of the current cap of 45,000, having admitted only 20,918 refugees as the fiscal years draws to a close. While the Trump administration has argued that the refugee ceiling can be reduced because the United States provides “other forms of protection and assistance,” including processing a growing number of asylum seekers, some have noted that it has become increasingly difficult to receive asylum, as well as the fact that refugees and asylum seekers are distinct populations.
ICE Arresting Potential Sponsors of Immigrant Children
According to CNN, Immigration and Customs Enforcement (ICE) agents have arrested more than 40 potential sponsors of immigrant children who have offered to take care of asylum-seeking children in government custody. The enforcement activity follows a recent agreement between U.S. Immigration and Customs Enforcement (ICE) and the Department of Health and Human Services (HHS) to ICE screen and fingerprint prospective sponsors, who commonly are relatives of the children in question.
According the CNN report, the majority of the arrests of the prospective sponsors – about 70 percent were based solely on immigration violations. Critics have warned the administration that the ICE screenings will discourage potential sponsors from taking custody of the children, leaving them in government custody.
The news broke as the number of immigrant children in HHS’s custody spiked to a record high of more than 13,000, due in part to children remaining in HHS custody for longer periods of time. With HHS’s funding running low, the Trump administration plans to transfer over $260 million from other HHS programs to make up the difference, including cuts to cancer research and HIV/AIDS prevention. HHS Secretary Alex Azar provided details of the plan in a letter sent to Senator Patty Murray (D-Washington) and other policymakers at the beginning of September.
ICE Issues “Fake Dates” on Immigrants’ Court Notices
According to a report in the Dallas Morning News, ICE has been reportedly issuing immigration court notices with incorrect dates and times, prompting immigrants to be turned away by court staffers when they appear at scheduled times. Court staffers have referred to the times listed on the notices as “fake dates,” selected by ICE without coordination with the immigration courts.
According to Texas immigration attorneys who have been following these developments, a June decision by the U.S. Supreme Court, Pereira v. Sessions, appears to have prompted ICE to issue notices with “fake dates.” In a ruling that drew little attention at the time, the Court held that a notice to appear that does not have the hearing’s date, time and place is not adequate notice under the law. The Court held that an individual cannot be expected to appear if that information is not included on the notice. Previously, ICE notices often omitted this information. Apparently, rather than working with the immigration courts to determine bona fide dates and times for hearing, ICE unilaterally selected hearing times without conferring with the courts.
Trump Administration Proposes Paying Mexico to Deport Central American Migrants
On September 12, the Trump administration informed Congress of its intention to move $20 million from State Department foreign assistance funds to help Mexico deport large numbers of migrants seeking to cross the U.S.-Mexico border, mostly from Central American. The funding is aimed at facilitating the deportations of approximately 17,000 migrants, many of whom are asylum seekers, back to their home countries.
The notification sent to Congress detailed that while Mexico would be responsible for processing the asylum seekers from Central America and determining the validity of their claims, the U.S. funds would cover return bus and plane fares to their home countries. DHS and State Department officials have been discussing the plan with Congress. The Mexican government denied having agreed to the proposal and is evaluating it.
Legal
Sessions’ Limits Immigration Judges’ Authority to Terminate Case; May End Asylum Seekers’ Access to Bond Determinations
On September 18, Attorney General Jeff Sessions issued a decision curtailing the ability of immigration judges to terminate cases. In Matter of S-O-G- & F-D-B-, Sessions held that immigration judges do not have unrestricted authority to dismiss removal proceedings, limiting their ability to dismiss such cases to narrow circumstances. Critics assailed the decision for undermining judicial independence.
In a second move, Sessions referred himself Matter of M-G-G-, a case that will determine whether asylum seekers are entitled to bond hearings. Immigration advocates have expressed concern that Sessions is likely to hold that asylum seekers are not entitled to seek bond in immigration court, undermining due process. Without the ability to get a bond hearing, asylum seekers are likely to be detained indefinitely in immigration detention centers, preventing them from obtaining legal representation and limiting their ability to build their cases for asylum, even when they have valid claims for relief. The administration has argued that detaining asylum seekers ensure that they remain in custody through their hearings and potential deportation and deters unlawful entry.
Under federal law, the attorney general has the ability to set immigration precedents by referring himself cases from the Board of Immigration Appeals. Sessions referred himself a number of key cases under this rarely-used power in 2017 and 2018.
DOJ and Migrant Families Reach Agreement to Permit Additional Credible Fear Interviews for Parents Seeking Asylum
Department of Justice (DOJ) officials and lawyers representing migrant families that were separated at the border earlier this year have agreed to settle three outstanding lawsuits in the Southern District of California. The deal will expedite the process for reconsidering asylum claims of over 1,000 asylum seekers, allowing parents of separated children a second “credible fear” interview that may allow them to continue pursuing their asylum claims. Judge Sabraw, who oversees the reunification cases, tentatively approved the plan on September 14.
Facing the trauma of being separated from their children, several parents who were seeking asylum failed their initial “credible fear” interviews, the initial step under which immigration officers determine whether an asylum seeker faces a credible fear of danger in his or her home country. Attorneys for the parents argued that the psychological state of some parents at the time of the interviews prevented them from passing. Under the agreement, these asylum seeking parents who failed their initial interviews will be provided a second chance to interview and present their claims. In a few rare cases, parents who have already been deported may be able to return for a second chance of presenting their asylum claim.
Although the agreement did not set a specific deadline for re-hearing these claims, DOJ officials expect individual claims to be re-heard over the next few weeks.
Immigration Advocates Sue USCIS Over Naturalization Backlog
On September 17, several immigrant rights groups filed suit against U.S. Citizenship and Immigration Services (USCIS), asserting that the agency has been intentionally slowing down the processing of naturalization applications. The plaintiffs assert that the growing backlog represents an effort to suppress the votes of potential naturalized citizens who might vote against the administration if granted citizenship. the filing of the lawsuit followed USCIS’s failure to respond to an August 6 Freedom of Information Act (FOIA) request, which sought evidence of racial, ethnic, and religious discrimination in the naturalization process that has led to backlogs.
A USCIS spokesperson stated that the agency continues to adjudicate pending cases and noted that the administration is on schedule to complete more N-400 naturalization applications in FY 2018 than any of the previous five years. Currently, the naturalization backlog has increased to 753,000 applications, a 93% increase since late 2015.
Multistate Coalition Challenges Trump Administration’s Decision to End TPS for Haitians
A group of 17 states plus Washington D.C. filed a lawsuit against the Trump administration over its decision to end Temporary Protected Status (TPS) for Haiti. TPS is granted to eligible foreign-born individuals residing in the United States who are unable to return home safely due to conditions or circumstances preventing their country from adequately handling the return.
In the lawsuit, the plaintiffs claim that termination of TPS for Haiti in July 2019 will force thousands of Haitians to choose between separating their families and bringing their U.S.-born citizen children to an unknown country and environment. The group also argues that revoking TPS will result in a $2.7 billion reduction in U.S. GDP.
Earlier this year, questions were raised about DHS’s decision to end Haitian TPS after internal DHS documents suggested that Haiti has yet to recover fully from the 2010 earthquake and subsequent hurricane and cholera outbreak.
State & Local
NC Immigrant Farmworkers in Evacuation Shelters Fear Deportation after Hurricane Florence
Thousands of immigrant farmworkers in eastern North Carolina were affected by the devastating floods caused by Hurricane Florence. Many of these farmworkers, who are generally either undocumented or guest workers, speak only Spanish and were unprepared when the storm hit. Those who found spaces in emergency shelters now fear being deported by immigration authorities and question whether they will still have jobs after the floodwaters recede.
As the hurricane approached DHS stated that its officers would not enforce immigration policies during evacuations or while individuals are in shelters, “except in the event of a serious public safety threat.” While some expressed concern as to whether the “public safety” exception meant that DHS may in fact carry out enforcement actions, there is no indication that they did so in the impacted regions. Similarly, the Red Cross, which helps operate many of the evacuation shelters, reaffirmed that anyone is welcome to take shelter regardless of immigration status.
GOVERNMENT REPORTS
Congressional Research Service: The “Flores Settlement” and Alien Families Apprehended at the U.S. Border: Frequently Asked Questions, September 17, 2018 (by Sarah Herman Peck and Ben Harrington)
This report seeks to answer legal questions about the Flores Settlement Agreement and its impact on the detention of immigrant families apprehended at the U.S. Southern border. Among other things, the report specifically addresses background of the Flores litigation, how the settlement restricts DHS’s authority to keep families in civil immigration detention, the executive branch’s policy options for detaining or releasing these families and the extent to which either the executive branch or Congress can override or modify the terms of the Flores Settlement.
SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES
Unclog the Naturalization Backlog
This fact sheet provides an overview of border security resources and migration trends along America’s Southwest border.
Naturalizations in the Military: A Recent Decline
This infographic illustrates the recent, steep decline in military naturalizations as a result of Defense Department policy changes that make it harder for military service members and veterans to naturalize.
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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.