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. 3372
Asylum Abuse Reduction Act
The bill would require asylum seekers to request protection at American embassies or consulates in Mexico or Canada before entering the U.S., create a criminal bench warrant for individuals who fail to appear in immigration court, and establish a pilot program that would allow migrant families to be released to a qualified organization contracted with the federal government to ensure they comply with immigration court proceedings.
Sponsored by Senator James Inhofe (R-Oklahoma) (o cosponsors)
08/23/2018 Introduced in the Senate by Senator Inhofe
08/23/2018 Referred to the Senate Committee on the Judiciary
S. 3386
E-Verify System Act of 2018
This bill would require all employers in the U.S. to use the Electronic Verification (E-Verify) system to check whether newly hired employees are either U.S. citizens or non-citizens authorized to work in the U.S. legally, among other provisions.
Sponsored by Senator Claire McCaskill (D-Missouri) (1 cosponsor)
08/23/2018 Introduced in the Senate by Senator McCaskill
08/23/2018 Referred to the Senate Committee on the Judiciary
S. Res. 611
Opposing the targeted Harassment of U.S. Immigration and Customs Enforcement Officers and Employees and Reaffirming the Fundamental Principle that Public Safety Services Should be Provided without Discrimination
This resolution expresses solidarity with U.S. Immigration and Customs Enforcement (ICE) officers.
Sponsored by Senator Bill Cassidy (R-Louisiana) (1 cosponsor)
08/21/2018 Introduced in the Senate by Senator Cassidy
08/21/2018 Referred to the Senate Committee on Homeland Security and Governmental Affairs
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate and the U.S. House of Representatives will be in session from Tuesday, September 4, 2018 through Friday, September 7, 2018.
UPCOMING HEARINGS AND MARKUPS
On-the-Job: Rebuilding the Workforce through Apprenticeships
The hearing will discuss workforce apprenticeship programs that help U.S. workers, including immigrants, obtain the skills they need to fulfill their potential and help meet employers’ needs.
Date: Wednesday, September 5, 2018 at 10:15 a.m. (House Committee on Education and the Workforce)
Location: 2175 Rayburn House Office Building
Witnesses: TBA
THEMES IN WASHINGTON THIS WEEK
Federal
John McCain, Champion of Immigration Reform, Dies at Age 81
Senator John McCain (R-Arizona), political maverick and longtime champion of immigration reform, died at age 81 on August 25 following a year-long battle with brain cancer. McCain, the 2008 Republican presidential nominee, served in Congress for more than 30 years after a distinguished career as a Navy pilot, including more than five years in captivity as a prisoner of war in Vietnam.
After voting against the Immigration Reform and Control Act (IRCA) of 1986, McCain emerged as a champion for immigration reform, spearheading the bipartisan McCain-Kennedy bill in 2005 with Senator Ted Kennedy (D-Massachusetts). This bipartisan framework provided the basis of multiple immigration reform pushes during George W. Bush’s presidency, all of which fell short of succeeding. Following President Barack Obama’s 2012 reelection, McCain joined the bipartisan Senate “Gang of Eight” to lead an immigration reform push that included significant border security resources along with a pathway to citizenship for the undocumented. The bill, the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 (S.744) passed with a large bipartisan majority voting in favor, 68 to 32, only to die after the House of Representatives declined to take up immigration reform in the 113th Congress.
McCain emerged as a leading Republican critic of President Trump’s immigration policies prior to, and after, his election, criticizing the administration’s separation of families and calling for a solution to protect Dreamers. McCain will lie in state at the U.S. Capitol on Friday, August 31, followed by a national memorial service at the Washington National Cathedral on Saturday, September 1. He will be buried in a private ceremony at the U.S. Naval Academy in Annapolis, Maryland on Sunday, September 2.
Report: Trump Administration Denying Passports, Questioning Citizenship of Americans along the Border
According to a report in the Washington Post, the Trump administration has been denying passports to potentially thousands of Hispanics in South Texas and questioning whether they are U.S. citizens, even when their official birth records show they were born in the U.S.
The State Department appears to be denying passports or requesting more information for U.S. citizen applicants who have birth certificates filed by a midwife or other birth attendant suspected of having engaged in fraudulent activities. The federal government alleges that from the 1950s through the 1990s some physicians and midwives along the Texas-Mexico border provided fraudulent U.S. birth certificates to babies born in Mexico, as they delivered thousands of babies legally in the U.S. For instance, one physician accused of providing at least one fraudulent birth certificate for a baby born in Mexico delivered 15,000 babies in the U.S. Reportedly, it is nearly impossible to distinguish between legitimate and illegitimate birth certificates, all of which were officially issued by the state of Texas decades ago. Litigation over the issue was settled in 2009 by the Obama administration.
In some cases, the administration has placed passport applicants with official U.S. birth certificates in immigration detention centers and into deportation proceedings. In other cases, the individuals remain in Mexico after their U.S. passports were suddenly revoked when they tried to reenter the U.S. after a trip or vacation to Mexico. Among the number of U.S. citizens denied their passports or who had their passports suddenly revoked are soldiers, Border Patrol agents, and state prison guards.
Under the Trump administration, the number of passport denials and revocations appear to be surging, with one attorney describing the numbers as “skyrocketing.” The issue comes as the Trump administration has sought to challenge the U.S. citizenship of individuals, including an effort to start a new denaturalization office within U.S. Citizenship and Immigration Services (USCIS).
Immigrant Parents Supposedly Forced to Give Up Right to Family Reunification
Almost two months after the President Trump’s executive order addressing family separation at the U.S.-Mexico border, dozens of immigrant parents claim they were forced to sign away their right to be reunified with their kids. Reportedly, immigration officers forced a number of immigrant parents to sign the Separated Parent’s Removal Form, in which they agreed to be removed from the U.S. without their children.
The parents claim they signed the forms without a full understanding of their impact under pressure from Immigration and Customs Enforcement (ICE) agents. The American Civil Liberties Union (ACLU), which represents a number of the parents, has asserted that some of the parents felt pressured to drop their own asylum cases under the belief that seeking asylum would delay or prevent reunification with their children. On August 23, the American Immigration Lawyers Association and the American Immigration Council filed a formal administrative complaint with the Department of Homeland Security’s (DHS) Office for Civil Rights and Civil Liberties (CRCL) and Office of the Inspector General (OIG), asserting that this type of coercion was a “pervasive and illegal practice.”
On August 16, the Inter-American Commission on Human Rights, an entity under the Organization of American States, released its “precautionary measures” for migrant children who were separated from their parents in the U.S. Specifically, the commission stressed the negative impact of losing connection between children and their parents and called for protection of “the rights to family life (and) personal integrity.” The measures were released in response to two requests submitted by a group of countries – Mexico, Colombia, Ecuador, Guatemala, Honduras and El Salvador – and immigrants’ advocates and attorneys in the U.S. As of August 20, 528 children remained separated from their families.
U.S. Army Reinstates at Least 36 Immigrant Recruits in the Military
The U.S. Army has reinstated at least 32 reservists and revoked discharge orders of six enlistees since August 17, all of them recruits who enlisted in the military through the Military Accessions Vital to the National Interest (MAVNI) program. The army also said another 149 discharges have been suspended and are under review. The U.S. Army’s decision to reinstate immigrant recruits comes in response to litigation asserting that the recent discharges violated army policy and potentially violated due process rights guaranteed in the Constitution.
A July 5 report by the Associated Press found that dozens of MANI reservists and enlistees were quietly discharged or had their contract cancelled, often without explanation or because they had been labeled a security risk, including for having relatives abroad. These efforts came even as a 2017 report by the RAND Corporation found no evidence that the MAVNI program created security risks. The MAVNI program 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.
White House Hosts Tribute for ICE and CBP; President Trump Releases Letter Calling for State and Local Support
In response to growing criticism of U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP), including calls to abolish ICE entirely, the White House held an event honoring the two agencies on August 20. The event, “Salute to the Heroes of the Immigration and Customs Enforcement and Customs and Border Protection,” featured remarks by President Trump and Vice President Mike Pence. Department of Homeland Security (DHS), CBP and ICE leadership attended the event, along with Sen. David Perdue (R-Georgia), Gov. Doug Ducey (R-Arizona) and other state and local officials.
In his remarks, President Trump touted the agencies’ immigration enforcement and drug interdiction efforts, and condemned those critical of the agencies. President Trump unwittingly made news in his remarks by repeatedly mistakenly referring to CBP as “CBC,” and for praising a Latino Border Patrol officer for “speak[ing] perfect English.”
Shortly before the event, President Trump released a letter directed to state and local leaders condemning the “Abolish ICE” movement and calling upon them to defend ICE and CBP against what he called “extreme elements.”
Politicization of the Murder of Mollie Tibbetts Clouds Immigration Debate
The horrific killing of Iowa college student Mollie Tibbetts in Iowa clouded the country’s heated political debate on immigration policy after enforcement officials arrested an undocumented Iowa resident, Cristhian Bahena Rivera, on August 21 and charged him with first-degree murder.
After the immigration status of the suspect emerged, the case rapidly became politicized, with President Trump referencing the killing in calling for increased immigration enforcement. On August 23, the White House published a video highlighting crimes committed by immigrants, referring to the Tibbetts family and others as being “permanently separated” from their family members. In response, immigration advocates and commentators warned of the dangers of ascribing the crime to the immigrant community as a whole, with many calling for the suspect to be brought to justice. In addition, members of the Tibbetts family spoke out against politicizing Mollie Tibbetts’ killing and defended the Hispanic community in Iowa.
Legal
Sessions’ Immigration Opinion Limits Use of Continuances, Discretion of Immigration Judges
Under his authority to hear immigration appeals as attorney general, a power he has utilized multiple times, Jeff Sessions issued a precedential decision limiting immigration judges’ ability to grant continuances to immigrants in removal proceedings. The decision in Matter of L-A-B-R- limits the use of continuances to postpone proceedings, in situations where a collateral matter relating to the case has not yet been resolved. Often if relief is granted, immigrants would have a basis to end their removal proceedings.
Sessions interpreted an immigration regulation that gives judges the ability to grant continuances “for good cause shown,” limiting the discretion of immigration judges to grant them. The opinion specified that in order for a continuance to be appropriately granted, the claimant must demonstrate there is a likelihood he or she will be granted collateral relief and that the relief would change the result of the immigrant’s removal proceedings. The opinion criticizes the use of continuances as a “dilatory tactic” and suggests that administrative efficiency is an appropriate factor to consider when denying a continuance. Under the decision, immigrants with pending applications for green cards and visas before United States Citizenship and Immigration Services (USCIS) may not have their removal proceedings paused, meaning that they may be deported prior to receiving relief to which they are entitled.
Family Criticizes ICE, Plans Lawsuit against City Following Toddler’s Death
The immigrant family of a toddler, who died weeks after being released from a detention facility in Dilley, Texas, criticized the U.S. Immigration and Customs Enforcement (ICE) and submitted notice that they intend to file a multimillion dollar lawsuit against the Arizona city managing the contract over the facility. They are also considering filing suit against ICE itself.
The mother, asylum seeker Yazmin Juarez from Guatemala, entered the U.S. with her 19-month-old daughter Mariee in March. They were apprehended at the border and sent to the South Texas Family Residential Center in Dilley. Mariee developed a severe cough and a fever in detention and the two of them were released in late March, at which time Juarez took her daughter to the emergency room. Six weeks later, on May 10, after repeated hospitalizations, Mariee died of viral pneumonitis, an inflammation of lung tissue that caused a collapsed lung and a hemorrhage that led to irreversible brain and organ damage. Mariee would have celebrated her second birthday earlier this month.
The law firm handling the case accuses ICE of detaining the mother and her child in “unsafe conditions” and releasing the toddler without proper medical treatment despite clear signs of illness. The detention facility in Dilley is owned and operated by a private contractor, CoreCivic, a subcontractor for the city of Eloy, Arizona, which is located hundreds of miles from the Dilley facility. In the notice of claim to Eloy, the family seeks $40 million in damages from the city. The City of Eloy has 60 days to respond to the filed claim before further legal action is taken.
Statements from medical professionals who have reviewed that case have not been conclusive on whether the care provided by facility staff was negligent. Five pediatricians who reviewed the details of Mariee’s case have stated that the toddler received adequate treatment, while other pediatricians criticized Dilley staff for failing to recognize the severity of her fever and did not receive adequate care. Texas child welfare officials have opened an investigation into the toddler’s death.
Earlier this year, DHS Office of Inspector General issued a report that declared the contract modification done by Eloy and ICE undermined accountability, with a statement that the contract should have been directly negotiated with CoreCivic.
Judge Won’t Require Government to Accept New DACA Applications
U.S. District Judge John D. Bates ruled on August 16 that the Trump administration does not have to process new applications for Deferred Action for Childhood Arrivals (DACA) while it appeals his ruling reinstating DACA. Judge Bates held that the administration must continue processing renewals for individuals already participating in DACA, as it is currently doing, but put on hold a portion of his ruling requiring the administration to process new applications starting on August 23. Bates is one of three federal judges who have issued a ruling blocking the Trump administration from ending DACA.
Bates’ ruling could also undermine a separate case concerning DACA. Texas and six other states filed a lawsuit against the Trump administration aiming to end DACA, alleging that it causes “irreparable” harm to the states because it leads to additional costs in health care, law enforcement and education and increased competition for jobs. Yet, research shows DACA recipients contribute roughly $3.4 billion annually to the federal treasury and millions in state and local taxes. Bates’ ruling renders moot the states’ claim that processing new DACA applications would incur additional harm on the states.
U.S. District Judge Andrew Hanen heard arguments on the states’ lawsuit on August 8 and the parties submitted a briefing to Judge Hanen on August 13 on whether DACA violated the Administrative Procedure Act (APA), which requires federal regulations to undergo formal notice-and-comment rulemaking procedures. Hanen, known for blocking the Deferred Action for Parents of Americans and Lawful Permanent Resident (DAPA) in 2015, had not issued a ruling on DACA as of the afternoon of August 30.
Update: On August 31, federal Judge Andrew Hanen denied the plaintiff states’ request to issue a preliminary injunction to halt DACA.
Fifth Lawsuit over Citizenship Question Advances
On August 22, U.S. District Judge George Hazel denied the U.S. Department of Commerce’s motion to dismiss a lawsuit over the inclusion of a U.S. citizenship question in the 2020 census, making it the fifth lawsuit to move forward despite the Trump administration’s motions to dismiss.
Judge Hazel ruled that the plaintiffs, a group of residents from Maryland and Arizona, may proceed with their lawsuit, which argues that using the census to ask about U.S. citizenship status in the current political climate will lead to an undercount, in violation of the U.S. Constitution. Hazel questioned whether a question on U.S. citizenship status is necessary to count the actual population in a state. He also noted that a citizenship question may actually prevent the Census from obtaining an accurate enumeration, since Hispanics and other immigrant groups may fear that government agencies will access citizenship information and use it to carry out deportations.
Hazel’s ruling follows similar orders by federal judges in New York and California. In less than one month, three federal courts have issued decisions rejecting the Trump administration’s motions to dismiss five lawsuits. Last month in New York, U.S. District Judge Jesse Furman granted a motion for discovery based on the administration’s hasty procedures and reasoning for adding the question and possible discrimination.
A working paper authored by researchers at the U.S. Census Bureau highlights concerns with including a citizenship question on the 2020 survey, stating that research indicates that “survey-sourced citizenship data produce significantly lower estimates of the noncitizen share of the population.”
State and Local
City of St. Paul Launches Immigrant Legal Defense Fund
The St. Paul (Minnesota) City Council voted on August 15 to support Mayor Melvin Carter’s proposal to amend the city’s current year budget to establish a city immigrant legal-defense fund, setting aside $100,000 to support community-based organizations that work with immigrants. The resolution states that the federal government is using “increasingly aggressive and hostile tactics to arrest, detain and deport immigrants who live and work within the city of St. Paul,” and notes that the creation of an environment of fear is detrimental to the social and economic health of the city. In the mayor’s address on the city’s budget, Mayor Carter characterized local government’s responsibility to its foreign-born residents, noting “Our public safety strategy must include a plan to defend our new American neighbors.” Carter also proposed to include a new position in the city’s attorney office for an immigrant services attorney in fiscal year (FY) 2019. Foreign-born residents make up an estimated 18% of the city’s population.
St. Paul is joining a growing number of local governments that have taken action to support their immigrant population. The cities of Los Angeles, New York City, San Francisco, District of Columbia, Seattle and Chicago have all established similar defense funds. Some states have also taken similar action, with New York and California state governments both providing $10 million in funding for immigrant legal defense.
GOVERNMENT REPORTS
There were no immigration-related government reports published since the week of Monday, August 20, 2018.
SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES
Fact Sheet: U.S. Asylum Process
This fact sheet provides an overview of the U.S. asylum process, including how an individual can apply for asylum in the U.S., how long the asylum process takes and how many people acquire asylum each year.
Fact Sheet: Immigrants and Public Benefits
The fact sheet discusses whether immigrants, documented or undocumented, are eligible for public benefits in the U.S.
Mutual Benefits: The Exchange Visitor Program (J-1 Visa)
This paper examines the Exchange Visitor Program (J-1 Visa), including the program’s Summer Work Travel category, the individuals who receive these visas, and the program’s effect on U.S. businesses. It finds that J-1 visa recipients help fill seasonal work needs of U.S. businesses and that reducing the number of visas for the program would harm local economies.
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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.