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.6909
Lady Liberty Act
This bill would require that the president sets the ceiling of refugees who may be admitted to the U.S. in any year after fiscal year (FY) 2018 to no less than 110,000 annually.
Sponsored by Representative Gerald Connolly (D – Virginia) (61 cosponsors – 61 Democrats)
09/26/2018 Introduced in the House by Representative Connolly
09/26/2018 Referred to the House Committee on the Judiciary
H.R.6580
Kerrie Orozco First Responders Family Support Act
The bill would permit a surviving spouse, parent or child of a U.S. citizen first responder who died in the line of duty to apply for naturalization if they meet all requirements for naturalization except for the length of prior residence and physical presence requirements.
Sponsored by Representative Don Bacon (D – Nebraska) (8 cosponsors – 7 Republicans, 1 Democrat)
07/26/2018 Introduced in the House by Representative Bacon
07/26/2018 Referred to the House Committee on the Judiciary
09/25/2018 Passed the House as amended by voice vote (text: CR H8847)
09/26/2018 Received in the Senate and referred to the Senate Committee on the Judiciary
H.Res.1092
This resolution expresses the sense of the House of Representatives that the president should redirect and target foreign assistance provided to El Salvador, Guatemala, and Honduras in a manner that addresses the driving causes of unauthorized immigration into the United States from such countries.
Sponsored by Representative Michael Burgess (R – Texas) (4 cosponsors – 4 Republicans)
09/27/2018 Introduced in the House by Representative Burgess
09/27/2018 Referred to the House Committee on Foreign Affairs
H.Res.1071
This resolution condemns localities that permit non-citizen residents, including undocumented residents, to vote in some local elections because such policies devalue the franchise and diminish 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 Committee on the Judiciary
09/26/2018 Passed in House in 279 – 72 vote, 69 Present (Roll no. 406)
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate will be in session the week of Monday, October 1, 2018.
The U.S. House of Representatives is out of session until Tuesday, November 13, 2018.
UPCOMING HEARINGS AND MARKUPS
There are no immigration related hearings and markups scheduled for the week of Monday, October 1, 2018.
THEMES IN WASHINGTON THIS WEEK
Federal
Trump Administration Plans to Publish “Public Charge” Rule in Federal Register
On Saturday, September 23, the Department of Homeland Security (DHS) announced a new proposed regulation to broaden the definition of the term “public charge,” stating it will soon publish the rule in the Federal Register for public comment for 60 days. After the public comment period, DHS must publish a final rule before any changes can take effect. The proposed modifications would allow DHS to reject immigrants applying for a green card, an immigrant visa, or a temporary visa if they have previously accessed or are deemed likely to rely on certain forms of public assistance in the future. This proposed rule would make it more difficult for legal immigrants to come to the United States.
The proposed regulation would require immigration officials to take into account whether an individual uses or is likely to use an expanded list of noncash public benefits, including Medicare prescription drug program for older adults, the Supplemental Nutrition Assistance Program (food stamps), housing vouchers (Section 8 program) and others. It would also require DHS to weigh various factors in determining whether someone is “likely at any time to become a public charge,” including whether a person is between ages 18 and 61; whether the individual has a medical condition that may affect the individual’s ability to work; their household size and whether the individual is a dependent or has dependents; whether the individual has assets, resources, or annual income to support him or herself and all dependents at a level of at least 125 percent of the federal poverty level; whether they have medical insurance or some other means to pay for medical costs; whether they have previously used public benefits or an immigration fee waiver; and whether they have education or skills to obtain full-time employment including considering a person’s English language ability.
The proposed rule would not apply to refugees, asylees, victims of domestic violence and children with special immigrant juvenile status (SIJS). Advocates argue the proposed rule may lead to increased poverty and worse health outcomes for many immigrants, who may choose to avoid government assistance out of fear it will impact their future in the U.S. Although the rule is not in effect yet, journalists have reported that U.S. immigrants have already stopped using public benefits.
On Tuesday, September 25, Politico reported that the Department of Justice (DOJ) plans to issue a companion regulation to the “public charge” rule, which would indicate when immigration officers can deport immigrants, including green card holders, who have been using public benefits. Under current law, an immigrant may be deported if he or she becomes a public charge within five years of entry, unless that person can prove the reason for receiving government benefits arose after entry.
Trump Signs Bill with DHS Continuing Resolution, House Passes Symbolic Resolutions Against Non-Citizens Voting
President Trump signed a spending bill on September 28 that includes a continuing resolution to fund the Department of Homeland Security (DHS) at the current spending level through December 7. President Trump signed the bill to “keep the government open,” despite publicly criticizing it last week for not providing new funding for a border wall or other contentious immigration policy riders. The House passed the spending bill on September 26 by a 361 to 61 vote after the Senate passed it last week. Current government funding was set to expire on September 30.
After passing the spending bill on September 26, the House passed a nonbinding resolution condemning localities that allow non-citizens to legally participate in local elections, by a 279 to 72 vote, with 69 voting “present.” Majority Leader Kevin McCarthy (R-California) introduced the resolution, stating there is a “movement that’s going on…allowing illegals to vote in our elections.” The resolution specifically references a law approved by San Francisco voters that allows undocumented immigrants to vote in school board elections. Supporters of allowing non-citizens to vote in school board election argue it makes sense because it affects their children’s future. Non-citizens cannot participate in federal and state elections, but federal law permits states to decide whether non-citizens can vote in local or special elections. Currently, some non-citizens can vote in certain local elections in 11 states.
USCIS to Begin Incremental Implementation of Updated Guidance on Notices to Appear in October
U.S. Citizenship and Immigration Services (USCIS) announced that the agency will begin to incrementally implement the updated guidance on issuing Notices to Appear (NTAs) on October 1, 2018. Under the new policy, immigrants will receive an NTA – the first step in starting removal proceedings – if they apply for any modification of status or for a visa and are denied, and there is evidence of fraud, misuse of public benefits, or the applicant no longer holds a valid immigration status, among other reasons. The policy was released on June 28, but its implementation was postponed until USCIS could issue the operational guidance. Previously, USCIS issued NTAs sparingly, usually only when the applicant had a criminal conviction.
USCIS will implement the policy starting with, but not limited to, applications to adjust to permanent resident status (Forum I-485) and applications to extend or change nonimmigrant status (Form I-539). The policy will not be implemented with respect to employment-based petitions and humanitarian applications at this time. In addition, the policy will not be implemented with respect to Deferred Action for Childhood Arrival (DACA).
OIG Report: Unqualified Physicians Examine Green Card Applicants
On Friday, September 21, the DHS Office of the Inspector General (OIG) published a report identifying abuse by U.S. Citizenship and Immigration Services (USCIS) medical examiners. The report outlines deficiencies in the medical examiners vetting procedures, including hiring examiners with criminal backgrounds and a history of patient abuse. USCIS is responsible for ensuring green card applicants meet health standards for admission to the U.S. when they apply for an adjustment of status. The agency employs designated civil surgeons to examine applicants, administer vaccinations and report on any health concerns.
In a sampling of medical examiners qualifications, 14 percent of approved hires did not have sufficient evidence that they met qualification standards. At the same time, the report showed 121 active examiners have been disciplined by state medical boards, including one physician that hired a hitman to kill a dissatisfied patient, a physician with a history of professional sexual misconduct, and a physician disciplined for diluting vaccines. USCIS has agreed to eight policy recommendations that the report details to ensure quality control and the integrity of the medical examination process.
Administration’s Memo Prompts Concerns DHS Secretary Nielsen Approved of Family Separation Policy
On Monday, September 24, government watchdog groups released a redacted Trump administration memo that they argue indicates DHS Secretary Kirstjen Nielsen signed a memo in April approvingthe Trump administration’s policy to prosecute all undocumented immigrants apprehended crossing the U.S.-Mexico border that clearly indicated the policy would result in separating parents from their children. The document shows that U.S. Citizenship and Immigration Services (USCIS), Customs and Border Protection (CBP), and Immigration and Customs Enforcement (ICE) offered Secretary Nielsen three different options to enforce immigration at the border. The agencies’ leaderships recommended “Option 3”, which entailed prosecuting every adult crossing the border and in turn, separating them from their children, claiming it would be most effective. Secretary Nielsen signed-off on this option, unleashing the beginning of family separation. Government watchdog groups obtained the memo through a Freedom of Information Act request submitted earlier this year.
Because the partly-redacted memo reads “DHS could also permissibly direct the separation of parents or legal guardians and minors held in immigration detention so that the parent or legal guardian can be prosecuted,” some advocates accuse Secretary Nielsen of lying about her knowledge of the policy and its effects. Nielsen has previously repeatedly stated that no such policy has been implemented at the border. DHS’s officials counter argue the memo only states that it is within the authority of the DHS to take these steps but does not endorse nor confirm the administration knew or approved of a family separation policy.
Legal
Judges Call on Congress to Remove Immigration Court From DOJ
In response to Attorney General Jeff Sessions’ recent actions curtailing the ability of immigration judges to terminate cases, the National Association of Immigration Judges called on Congress to move immigration courts out of the oversight of the Department of Justice (DOJ). The association stressed the urgency of separating immigration courts from DOJ, pointing out that the current administration is impinging on the independence of immigration courts by imposing new quotas in the number of cases they must process, implementing new policies which limit a judge’s power to end or postpone cases and narrowing their ability to grant asylum.
Currently, all 61 immigration courts are part of the Executive Branch under the helm of the DOJ, headed by the Attorney General. Judges advocating for the separation claim it will allow for true due process and independence of immigration courts. Their proposal would require the president first to appoint appeals judges, who would be confirmed by the Senate and then to appoint trial-level judges. The Trump Administration reiterated its view that the immigration court system is properly a part of DOJ.
GOVERNMENT REPORTS
Congressional Research Service: Immigration: Frequently Asked Questions about “Public Charge”, September 19, 2018 (by Audrey Singer and Ben Harrington)
This report seeks to answer frequently asked questions about current public charge policy. The report provides information about sources of laws that govern public charge determinations, who is subject to such determinations, and factors that are considered and possible consequences.
Congressional Research Service: Expedited Removal of Aliens: Legal Framework, September 19, 2018 (by Hillel R. Smith)
This report summarizes the statutory and regulatory framework for expedited removal and highlights exceptions to the process. It also addresses the scope of judicial review of an expedited removal order, legal challenges to expedited removal, and discusses potential legal issues that may arise with its potential expansion to more categories of immigrants.
Congressional Research Service: Sources for Frequently Requested Immigration Statistics, September 18, 2018 (by Sarah W. Caldwell)
This report lists various statistics related to immigration by federal agencies that administer immigration policies and enforce immigration laws.
SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES
Fact Sheet: Immigrants and Public Benefits
The fact sheet discusses whether immigrants, documented or undocumented, are eligible for public benefits in the U.S.
Immigrants as Economic Contributors: Immigrant Tax Contributions and Spending Power
This paper highlights the role immigrants play in helping cover the costs of public services at the local, state, and federal level, and how their spending contributes to the U.S. economy.
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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.