|  |  | | |
<<Mar '10 <<Apr '10 <<May '10 <<Jun '10 <<Jul '10 <<Aug '10 <<Sep '10 <<Nov '10 Jan '11>>
|
Top Immigration & Refugee Legislative and Political Developments
|
New on MicEvHill.Com
|
President Obama Comments on the Failure of the DREAM Act and His Continued Dedication To it as the 111th Congress
Adjourns for the Year
By Micheal E. Hill
Thursday, December 23, 2010 -- 12:45 am EST
In what is likely to be his last press conference of 2010, President Obama lamented the failure of the 111th Congress to enact the DREAM Act into law and spoke about his continued support for both the DREAM Act and comprehensive immigration reform. The President's remarks were made in a press conference that he held late in the afternoon on Wednesday, December 22, just hours before the House and Senate adjourned for the year.
Click on the Play Button, above, to see immigration excerpts from the December 22, 2010, press conference.
Click Here to See Complete Transcript of the December 22, 2010, Press Conference
|
White House Spokesman Gibbs Comments on Failure of the DREAM Act and Other Immigration Issues During Daily Briefing
By Micheal E. Hill
Tuesday, December 21, 2010 -- 8:59 am EST
--Updated on Tuesday, December 21, 2010 at 10:13 am EST--
In his first White House Daily Briefing since the United States Senate dealt its fatal blow to the DREAM Act, White House Press Secretary Robert Gibbs responded to questions from the White House press corps on the DREAM Act and a variety of other immigration matters.
During the Monday, December 20, 2010, briefing, Gibbs lamented the loss in the Senate on the DREAM Act, indicated that President Obama had made calls on behalf of the measure over the weekend and beyond, dodged a question about gay partners of U.S. mliitary personnel, and spoke about the need for comprehensive immigration reform.
Click Here to See Complete Transcript of the December 20, 2010, White House Daily Briefing
|
The 111th Congress Heads into its Final Days
By Micheal E. Hill
Monday, December 20, 2010 -- 8:50 am EST
--Updated on Monday, December 20, 2010 at 12:15 pm EST--
As the 111th Congress pushes forward in what could be its conclusive week, the only immigration- or refugee-related measures that appear on tap to be cleared for the President's consideration are a 9/11 medical provider bill that does not bar benefits to undocumented alien 9/11 heros and a continuing appropriations measure that punts major fiscal year 2011 immigration- and refugee-related spending decisions into the next Congress.
At the time of this writing, it appears that a number of significant immigration- and refugee-related items will likely be left undone when the 111th Congress adourns this week or next. These items will likely be left for the new, more Republican-tinged 112th Congress to deal with (or not).
The highest profile immigration- or refugee-related measure that likely will be left undone when the 111th Congress adjourns is the DREAM Act, which the Senate killed last week when it failed to invoke cloture on the House-passed version of the decade-old measure. However, many other lesser-known immigration- or refugee-related measures also are about to be left on the 111th Congress' cutting room floor as it rushes to adjournment. These include efforts to extend Supplemental Security Income (SSI) benefit eligibility for about 5,000 elderly disabled refugees whose eligibility for the program is limited by law and expired at the end of September, 2010. They also include a host of refugee process reforms that were contained in the Senate Appropriations Committee-approved version of the Fiscal Year 2011 State, Foreign Operations, and Related Programs Appropriations bill.
Click Here to See a Detailed Listing of Possible Immigration Actions This Week on the Hill
|
|
The DREAM Act Received Mentions on Several of this Weekend's
Sunday Public Affairs Programs
By Micheal E. Hill
Sunday, December 19, 2010 -- 12:50 pm EST
--Updated on Sunday, December 19, 2010 at 2:24 pm EST--
Taxes; spending; the START Treaty; and Don't Ask, Don't Tell dominated the December 19, 2010, Sunday public affairs programs. However, the DREAM Act and immigration were mentioned on three of the five major programs.
Among the programs on which immigration and the DREAM Act were mentioned on Sunday, December 19, were CBS's "Face the Nation", FOX's "FOX News Sunday", and NBC's "Meet the Press" programs.
Mentions of (or references to) the DREAM Act and immigration were made on Sunday by Sentator Lindsey Graham (R-SC) on "Face the Nation" and by Juan Williams and Bill Kristol on "FOX News Sunday". In addition to those two programs, NBC's "Meet the Press" program featured an animated discussion on the failure of the DREAM Act in the Senate and the potential consequences for the Republican party. Participants in that discussion were NBC's Andrea Mitchell; Newark, New Jersey Mayor Cory Booker; Republican strategist Mark McKinnon; and NBC's David Gregory.
Click on the Play Buttons, above, to see immigration excerpts from the Sunday, December 19, 2010, editions of the Sunday public affairs programs.
|
Senate Deals a Fatal Blow to the DREAM Act
for the 111th Congress
By Micheal E. Hill
Saturday, December 18, 2010 -- 11:47 am EST
--Updated on Saturday, December 18, 2010 at 6:00 pm EST--
The Senate has dealt what almost certainly is a fatal blow to the DREAM Act for the 111th Congress.
Senate action in relation to the DREAM Act occurred on Saturday morning, December 18, 2010, when it failed to invoke cloture (thus, shutdown the debate) on a motion by Senate Majority Leader Harry Reid (D-NV) that the Senate concur in a House amendment to the Senate amendments to H.R. 5281, a measure that now constitutes the text of the House-passed version of the DREAM Act. The affirmative votes of 60 of the Senate's 100 members were needed in order to invoke cloture on the measure. The Senate failed to do so by a vote of 55-41. Four senators did not vote, all of whom would have voted against invoking cloture had they been present. Unless a dramatic turnaround in the minds of at least five senators occurs in the next several days, the DREAM Act will die at the end of the 111th Congress, extinguishing at last for the moment the hopes of hundreds of thousands of longtime residents of the United States who were brought to the country before they were 16 years of age and who hope someday to legalize their status in the United States.
Saturday morning's procedural vote on the DREAM Act was the culmination of ten years of effort. It was ten years ago that Senators Dick Durbin (D-IL) and Orrin Hatch (R-UT) first introduced the DREAM Act. Since then, Senator Hatch walked away from the bill, even while it gained the support of hundreds of thousands of DREAM Act students, many of whom flooded the Nation's Capitol over the last year wth poignant testimonials on behalf of the measure.
Proponents of the DREAM Act went into the vote on Saturday morning knowing that they faced an uphill struggle. They needed to hold on to as many as possible of the 58 senators who organize with the Democrats and then pick up the votes of as many as a half-dozen Republicans in order to have a chance for victory. In the end, DREAM Act supporters lost the votes of five Senate Democrats and picked up only three Republican votes.
The Democrats who voted against invoking cloture on the DREAM Act included --
- Senator Mark Pryor (D-AR)
- Senator Jon Tester (D-MT)
- Senator Ben Nelson (D-NE)
- Senator Max Baucus (D-MT)
- Senator Kay Hagan (D-NC)
The Republicans who voted in favor of invoking cloture on the DREAM Act included --
- Senator Richard Lugar (R-IN)
- Senator Lisa Murkowski (R-AK)
- Senator Robert Bennett (R-UT)
The senators who did not vote included --
- Senator Richard Orrin Hatch (R-UT)
- Senator Joe Manchin (D-WV)
- Senator Judd Gregg (R-NH)
- Senator Jim Bunning (R-KY)
President Obama reacted to the vote on Saturday, saying "it is disappointing that common sense did not prevail today. But my administration will not give up on the DREAM Act, or on the important business of fixing our broken immigration system. The American people deserve a serious debate on immigration, and it’s time to take the polarizing rhetoric off our national stage."
Representative Luis Gutierrez (D-IL), Chairman of the Congressional Hispanic Caucus (CHC) Task Force on Immigration, was more pointed and political in his response, asserting that "[t]he echo of this vote will be loud and long. We are at the tipping point that will define the political alignment of the Republican and Democratic parties with Latino voters for a generation." Gutierrez added, "[t]he Republican Party could have changed their tune on the immigration issue but passed up the opportunity and did so on national television in practically every Latino home in America. If they are betting that Latino and immigrant voters will forget what happened today in Washington, they will be sadly mistaken. The voting power of Latinos, immigrants, and of a whole generation of young Americans who were fighting for their undocumented classmates will be a force in U.S. politics for as far as the eye can see into the future -- with or without the DREAM Act."
Senate Majority Leader Reid tacked closer to Representative Gutierrez than President Obama in his statement, blaming the DREAM Act loss on Republicans. Said Reid, "I am deeply disappointed that once again Republicans have blocked a bill that would strengthen our national security. In addition, the DREAM Act would have grown our economy and given children brought to this country at no fault of their own by their parents an opportunity to defend our nation. Many of my Republican colleagues supported this measure in the past, but today their absence dashed the dreams of hundreds of thousands." Reid went on to say, "I am hopeful that sometime soon Republicans will drop their objections to this common-sense measure and allow these young men and women to live out their dreams of defending our nation.”
If, as is now expected, the DREAM Act dies at the end of the 111th Congress, it likely will be reintroduced in the House and Senate during the 112th Congress. However, its prospects during the 112th Congress are not great. The House of Representatives passed the DREAM Act by a vote of 216-198 during the 111th Congress. However, the membership of the House will be much less sympathetic to the DREAM Act during the 112th Congress, and most observers believe there is no chance that it would pass the measure. Additionally, the membership of the Senate will be less immigrant-friendly in the 112th Congress.
Click on the Play Button, above, to see video of a press conference held by Senate Democratic DREAM Act supporters immediately after the December 18, 2010, vote by which the Senate failed to invokd cloture on the House-passed version of the DREAM Act.
Click Here to See the Vote by Which the Senate Failed to Invoke CLoture on the DREAM Act
Click Here to See President Obama's Statement on the DREAM Act Cloture Vote
Click Here to See Majority Leader Reid's Statement on the DREAM Act Cloture Vote
Click Here to See Representative Gutierrez's Statement on the DREAM Act Cloture Vote
Click Here to See Senator Claire McCaskill's Statement on the DREAM Act Cloture Vote
|
Senate to Cast Key Procedural DREAM Act Vote
By Micheal E. Hill
Saturday, December 18, 2010 -- 8:59 am EST
At approximately 10:30 am EST today, the Senate will cast a potential make-it-or-break-it procedural vote on the DREAM Act.

The Senate is scheduled to vote at 10:30 am EST today on whether to invoke cloture on a motion made on Thursday, December 16, 2010, by Senate Majority Leader Harry Reid (D-NV) that the Senate concur in a House amendment to the Senate amendments to H.R. 5281, a measure that now constitutes the text of the House-passed version of the DREAM Act. The affirmative votes of 60 of the Senate's 100 members will be needed in order to invoke cloture on the measure.
If the Senate invokes cloture on the DREAM Act today, it will then proceed to up to 30 hours of debate on the measure, during which it will entertain amendments to it. Should the Senate fail to invoke cloture on the DREAM Act, the measure will effectively be dead for the 111th Congress.
This morning's procedural vote on the DREAM Act is the culmination of ten years of effort. It was ten years ago that Senators Dick Durbin (D-IL) and Orrin Hatch (R-UT) first introduced the DREAM Act. Since then, Senator Hatch has walked away from the bill, even while it has gained the support of hundreds of thousands of DREAM Act students, many of whom have flooded the Nation's Capitol over the last year wth poignant testimonials on behalf of the measure.
Most insiders and journalists are predicting that the Senate will fail to invoke cloture on the DREAM Act this morning. However, the outcome is far from certain.
Of the 58 senators who organize with the Democrats, about four are expected to oppose the cloture motion. If that prediction holds true, the votes of six Republicans will be necessary in order for proponents of the DREAM Act to amass the 60 votes they will need in order to invoke cloture on the measure. At the time of this writing, only two Republicans (Senators Richard Lugar (R-IN) and Robert Bennett (R-UT)) had publicly committed to supporting cloture on the DREAM Act. Advocates have worked hard to find four (or more) additional Republicans to support the measure. Much of their work has concentrated on Senators Lisa Murkowski (R-AK), Olympia Snowe (R-ME), Susan Collins (R-ME), George Voinovich (R-OH), and Sam Brownback (R-KS). They also have concentrated on several less likely Republicans, including Senator Kay Bailey Hutchison (R-TX), George LeMieux (R-FL), and Scott Brown (R-MA).
If the vote begins at 10:30 am EST, as expected, it will be over by about 11:00 am EST.
Click Here to See Live, Streaming Video of the DREAM Act Cloture Vote
|
Immigration Could be a Topic of Discussion on this Weekend's
Sunday Public Affairs Programs
By Micheal E. Hill
Saturday, December 18, 2010 -- 2:47 pm EST
--Original Version Posted on Friday, December 17, 2010 at 10:00 am EST--
Taxes; spending; the START Treaty; and Don't Ask, Don't Tell continue to dominate the media's attention as the 111th Congress winds to a close. Notwithstanding that, the fact that the DREAM Act had a conclusive vote on Saturday, December 18, makes it likely that the subject of immigration will come up on this weekend's Sunday public affairs programs.
The programs that are most likely to feature immigration discussions this weekend include FOX's "FOX News Sunday", which features Assistant Senate Majority Leader Dick Durbin (D-IL), author of the DREAM Act, and Senate Minority Whip Jon Kyl (R-AZ); and CBS's "Face the Nation", which features Senators Lindsey Graham (R-SC) and Jeff Sessions (R-AL).
The following is a guide to what can be expected on the coming weekend's programs:
- ABC - This Week. Among the guests appearing on the December 19, 2010, edition of ABC's "This Week" program will be Senate Foreign Relations Committee Chairman John Kerry (D-MA) and Senate Foreign Relations Committee Ranking Republican Richard Lugar (R-IN). Also appearing on the program during the week of December 19 will be United States Agency for International Development (USAID) Administrator Rajiv Shah. Appearing during the roundtable pportion of the program will be ABC's George Will, Democratic political strategist Donna Brazile, Reuters Editor at Large Chrystia Freeland, and Rajiv Chandrasekaran of the Washington Post. Given the lineup of guests, it appears unlikely that the subject of immigration will come up during the program.
- CBS - Face the Nation. Among the guests appearing on the December 19, 2010, edition of CBS's "Face the Nation" will be Senators Lindsey Graham (R-SC), Carl Levin (D-MI), Amy Klobuchar (D-MN), and Jeff Sessions (R-AL). Given the lineup of guests, immigration questions are possible.
- CNN - State of the Union. Among the guests on the December 19, 2010, edition of CNN's "State of the Union" program will be Senate Minority Leader Mitch McConnell (R-KY) and National Association of Letter Carriers Fredric Rolando. Given the lineup of guests, immigration questions are possible.
- FOX - FOX News Sunday. Among the guests appearing on the December 19, 2010, edition of FOX's "FOX News Sunday" will be Assistant Senate Majority Leader Richard Durbin (D-IL), Senate Republican Whip Jon Kyl (R-AZ), and Virginia Governor Bob McDonnell (R-VA). Appearing this week during the roundtable segment of the program will be Juan Williams of FOX News; Bill Kristol of the Weekly Standard and Fox News; Mara Liasson of National Public Radio and Fox News; and Kevin Madden, former Press Secretary to 2008 GOP Presidential candidate and former Massachusetts Governor Mitt Romney (R-MA). Given the lineup of guests, it is possible that the subject of immigration will come up during the interview portion of the program.
- NBC - Meet the Press. Appearing on the December 19, 2010, edition of NBC's "Meet the Press" will be Vice President Joe Biden. It is unclear whether the subject of immigration will come up during the interview portion of the program. Appearing during the program's roundtable segment will be the Mayor of Newark, New Jersey, Cory Booker (D); Republican Strategist and Founding Leader of No Labels, an organization devoted to promoting ‘hyperpartisanship’, Mark McKinnon; NBC News Chief Foreign Affairs Correspondent Andrea Mitchell; and the Host of msnbc’s "Morning Joe", Joe Scarborough.
MicEvHill.Com will post any immigration-related video excerpts from the programs beginning late afternoon on Sunday, December 19.
|
Senate Schedules Key, Make-it-or-Break-it DREAM Act
Procedural Vote for Saturday
By Micheal E. Hill
Friday, December 17, 2010 -- 1:00 am EST
--Updated on Friday, December 17, 2010 at 12:50 pm EST--
With the outcome of the vote still very much in doubt, Senate Majority Leader Harry Reid (D-NV) has set up a potential make-it-or-break-it procedural vote on the DREAM Act for the morning of Saturday, December 18.
Majority Leader Reid acted late in the evening on Thursday, December 16, when he brought the House-passed version of the DREAM Act before the full Senate, filed a motion to invoke cloture (shut down debate) on the bill, and then filed a number of placeholder amendments to prevent opponents of the DREAM Act from offering hostile amendments to it.
As a technical matter, Majority Leader Reid moved that the Senate concur in a House amendment to the Senate amendments to H.R. 5281, a measure that now constitutes the text of the House-passed version of the DREAM Act. The House of Representatives passed that measure on Wednesday, December 8, by vote of 216-198. Now that the House of Representatives has passed the DREAM Act, the Senate must pass it in identical form before the 111th Congress adjourns, or the bill will die when the 112th Congress convenes at 12:00 Noon on January 5, 2011. If, on the other hand, the Senate amends the House-passed bill, then the House will have to act again, passing an identical version of what the Senate has passed, before 12:00 Noon on January 5, 2011.
Formidable Course. The course ahead for proponents of the DREAM Act is a formidable one.
-
It will take two legislatve days from the moment it was filed for Majority Leader Reid's cloture motion to "ripen." Once it has done so, the Senate must then vote on whether to invoke cloture. In the case of the DREAM Act, the cloture motion ripens on Saturday, December 18. Thus, on that date, the Senate will vote on whether to invoke cloture on the DREAM Act.
Under the rules of the Senate, the affirmative votes of 60 senators will be necessary in order for the Senate to invoke cloture on the bill. It is far from certain that proponents of the DREAM Act will be able to muster the 60 votes needed to invoke cloture and shut down debate on the measure. Of the 58 senators who organize with the Democrats, several are expected to oppose the cloture motion. And at the time of this writing, only two Republicans (Senators Richard Lugar (R-IN) and Robert Bennett (R-UT)) had publicly committed to supporting cloture on the DREAM Act. Assembling 60 votes for invoking cloture on the DREAM Act will not be impossible. But it will be exceedingly difficult.
- If the Majority Leader is skilfull enough to assemble the 60 votes necessary to invoke cloture, he likely will then have to navigate a series of hostile amendents that opponents of the DREAM Act will offer to the bill. To control that process, the Majority Leader has employed a tactic known as "filling the amendment tree." Under that tactic, since no more than two amendments can be pending to a measure at any time, he has offered two placeholder amendments to the DREAM Act, filling up all of the "branches" on the possible "tree" of amendments to the bill, thus, blocking anyone else from offering any other amendments to it.
What is Cloture? Cloture is a parliamentary device that sometimes is used in the Senate to bring debate on a question to a "close" (thus, the term, "cloture"). The device is necessary, at times, because in the Senate, most questions are debatable for an unlimited amount of time. In order to shut off a filibuster (which is an attempt by a numerical minority of the senate to prevent a question from coming up for a vote by engaging in unlimited debate), senators must "invoke cloture" on the question. Since invoking cloture on a question denies senators their right to unlimited debate, Senate rules require two days notice of an attempt to invoke cloture on a question, and the rules impose the requirement that three-fifths of the whole number of senators vote in favor of invoking cloture in order to shutdown the debate. Because there are 100 seats in the Senate, three-fifths of that number works out to a 60 vote requirement in order to invoke cloture on a question.
History of the DREAM Act. The DREAM Act was first introduced a decade ago by Representative Howard L. Berman (D-CA) in the U.S. House of Representatives and Senators Dick Durbin (D-IL) and Orrin Hatch (R-UT) in the Senate. Since then, Senator Hatch has walked away from the measure, leaving Senator Richard Lugar (R-IN) as the sole Republican Senate cosponsor of the bill. The contours of the bill have changed over the years, changing dramatically over the last month as Senator Durbin and Representative Berman have struggled both to make the bill more palatable to Republicans and to eliminate the prospect that the Congressional Budget Office (CBO) would find that the bill would increase the federal budget deficit.
What is in the House-Passed Bill? As passed by the House, the DREAM Act would cancel the removal of, and adjust to conditional permanent resident status, an alien who: (1) entered the United States before his or her 16th birthday and has been present in the United States for at least five years immediately preceding enactment of the Act; (2) is a person of good moral character; (3) is not inadmissible or deportable under specified grounds of the Immigration and Nationality Act; and (4) at the time of application, has been admitted to an institution of higher education or has earned a high school or equivalent diploma. The measure provides for a ten year-long period of conditional residency for beneficiaries, followed by a period of three years before they could apply for United States citizenship.
Applicants for relief under the House-passed version of the DREAM Act would have to apply for that relief before reaching their 30th birthday and would have to pay $2,525 in "surcharges" in addition to any fee that the DHS sets for the costs of adjudicating their applications. In addition, under the House-passed bill, applicants for relief would be ineligible for a host of federal educational assistance programs.
The Course Ahead. The vote on cloture in relation to the DREAM Act is expected to occur sometime on Saturday morning, December 18. If the Senate fails to invoke cloture, the Majority Leader could decide to try again next week if the vote is close and he believes he can succeed at a later time. If cloture is actually invoked, it will trigger a period of 30 hours of debate on the DREAM Act, during which senators can offer amendments to the bill.
Click on the Play Button, above, to see video of Majority Leader Reid's actions on the DREAM Act.
|
Majority Leader Reid Abandons
Fiscal Year 2011 Omnibus Appropriations Bill;
Senate to Take Up Short-Term Continuing Appropriations
Measure, instead
By Micheal E. Hill
Friday, December 17, 2010 -- 1:00 am EST
--Updated on Friday, December 17, 2010 at 12:50 pm EST--
--Original Version Posted on Thursday, December 16, 2010 at 8:58 pm EST--
Senate Majority Leader Harry Reid (D-NV) has abandoned the Fiscal Year 2011 Consolidated Omnibus Appropriations bill, saying he was forced to do so because nine Republicans who previously had indicated they would support it have told him that they no longer would do so. Instead of taking up the omnibus appropriations bill, Reid said that he would work with Senate Minority Leader Mitch McConnell (R-KY) to pass a short-term continuing appropriations bill in the coming days that, presumably, will fund the operations of the federal government through a yet-to-be-determined period ending sometime in January or February of 2011.
The decision by Majority Leader Reid, announced on the Senate floor late in the evening on Thursday, December 16, 2010, sets up a situation where the final fiscal year 2011 spending bill will be shaped next year during the 112th Congress by the new, Republican-controlled House of Representatives and a Senate that has a diminished number of Democrats.
The consequences of the Majority Leader's decision for immigration and refugee spending could be significant.
From a refugee perspective, the now-abandoned omnibus appropriations bill would have provided an increase of $79.6 MILLION in spending for Migration and Refugee Assistance (MRA) relative to President Obama's request. It also would have directly appropriated $176 MILLION to the U.S. Citizenship and Immigration Services to partially subsidize refugee and asylum adjudications. And it would have provided increased funding for trafficking victim assistance.
From an immigration perspective, the fiscal year 2011 ommibus appropriations bill would have appropriated $75 MILLION for altermatives to detention, which would have been an increase of $3 MILLION relative to the Administration's request. The measure also would have placed restrictions on funding for the 287(g) program, as well as restrictions on ICE's ability to contract out detention to facilities that do not meet certain standards. And the measure would have directed the Department of Homeland Security to prioritize its detection and removal of aliens on criminal aliens who have committed serious crimes.
It is highly likely that a Republican-controlled House of Representatives in the 112th Congress will have different priorities on the immigration- and refugee-related items mentioned above. Morever, it also is likely that the Republican-controlled House of Representative in the 112th Congress will want to appropriate significantly higher amounts for border security and immigration enforcement functions than were contained in the fiscal year 2011 omnibus appropriations bill.
Now that the omnibus appropriations bill has been abandoned, Congress must enact either a full-year omnibus appropriations bill or a short-term continuing appropriations resolution before Saturday, December 18, in order to prevent a shutdown of the operations of the federal government. This action is necessary because Congress has not yet enacted any of the 12 fiscal year 2011 measures that are supposed to fund the federal government's operations.
The most likely scenario is that the House and Senate will act on a short-term continuing appropriations bill on Friday, December 17.
Click on the Play Button, above, to see video of Majority Leader Reid's omnibus appropriations announcement.
|
Senate to Take Up Omnibus Fiscal Year 2011 Appropriations Bill Containing Refugee and Immigration Funding
By Micheal E. Hill
Thursday, December 16, 2010 -- 1:35 pm EST
--Updated on Thursday, December 16, 2010 at 3:15 pm EST--
The full Senate could at any time take up its draft fiscal year 2011 consolidated omnibus appropriations bill, a measure that would appropriate $1.1 TRILLION to fund the operations of federal government through September 30, 2011, the end of fiscal year 2011.
As a technical matter, when the Senate takes up the measure, it will be taking up the Senate Amendments to the House amendments to the Senate amendments to H.R. 3082, a fiscal year 2011 omnibus appropriations bill. Included in the 1,924-page long unofficial draft of the Senate Omnibus Consolidated Appropriations Bill are appropriations for the federal government's interior immigration enforcement-, border security-, immigration services-, and refugee-related agencies, services, functions, and activities. It also includes a number of immigration- and refugee-related policy provisions.
While the Senate could begin its consideration of the omnibus appropriations bill today, it could take some time for it to complete its consideration of the measure. That is because the bill faces significant opposition from Senate Republicans, who are expected to force Senate Majority Leader Harry Reid (D-NV) to file a cloture motion to shut off debate on the measure. Under the Senate rules, if Majority Leader Reid files a cloture motion, the vote on cloture would not occur until two days after he files it, and the affirmative votes of 60 senators will be needed in order to invoke cloture and shut down debate on the bill.
Congress must enact either a full-year omnibus appropriations bill or a short-term continuing appropriations resolution before Saturday, December 18, in order to prevent a shutdown of the operations of the federal government. This action is necessary because Congress has not yet enacted any of the 12 fiscal year 2011 measures that are supposed to fund the federal government's operations. Because it is highly unlikely that the Senate and House of Representatives will complete action on H.R. 3082 before December 18, it is likely that the House and Senate will take up a short-term continuing appropriations bill within the next two days to ensure that the operations of the federal government are not interrupted.
As prepared by the Senate Committee on appropriations, the unofficial draft of the Senate Omnibus Consolidated Appropriations bill divides most of the appropriations for the federal government's interior immigration enforcement-, border security-, immigration services-, and refugee-related agencies, services, functions, and activities into four divisions:
- Division F, Homeland Security Appropriations. The Homeland Security Division of the omnibus appropriations bill contains appropriations for the Department of Homeland Security (DHS), including its Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), and U.S. Citizenship and Immigration Services (USCIS) bureaus.
- Division K, State, Foreign Operations, and Related Programs. The State, Foreign Operations, and Related Agencies Division of the omnibus appropriations bill contains funding for the Department of State's Bureau of Population, Refugees, and Migration (PRM), which administers the federal government's Migration and Refugee Assistance (MRA) and Emergency Refugee and Migration Assistance (ERMA) accounts. Those accounts are responsibile for funding the United States refugee admissions and overseas refugee assistance programs.
- Division H, Labor, Health and Human Services, Education, and Related Agencies. The Labor, Health and Human Services, Education, and Related Agencies Division of the omnibus appropriations bill contains funding for the Department of Health and Human Services Office of Refugee Resettlement (ORR). This agency operates the federal governments refugee resettlement, trafficking victim assistance, torture victim assistance, and unaccompanied alien child programs.
- Division B, Commerce, Justice, Science, and Related Agencies. The Commerce, Justice, Science, and Related Agencies Division of the omnibus appropriations bill contains funding for the Department of Justice's Adminisrative Review and Appeals division, which operates the Executive Office for Immigration Review (EOIR), the nation's immigration court system.
Among the significant immigration- and refugee-related items that are specified in the draft measure are the following:
- Immigration and Customs Enforcement. The appropriation of $5.59 BILLION for Department of Homeland Security Immigration and Customs Enforcement (ICE) bureau, which the Senate Appropriations Commmittee says is $69 MILLION above the President's request and $156 MILLION above the fiscal year 2010 appropriation. The appropriation for ICE includes an earmark of $75 MILLION for alternatives to detention, which the Committee says is $3 MILLION above the Administration's request.
- ICE Removal Operations. The ICE appropriation includes a $2 BILLION earmark for the identification and removal of criminal aliens and directs that the Department prioritize identification and removal of aliens based on the severity of their crimes. The ICE appropriation also earmarks $5.4 MILLION to facilitate 287(g) agreements while providing that no funding can be used to continue a delegation of authority under section 287(g) to an entity that is in violation of 287(g) agreements.
- ICE Detention Operations. The ICE appropriation includes a $2.583 BILLION earmark for detention and removal operations, including the transportation of unaccompanied alien minors. The bill provides that ICE maintain a level of not less than 33,400 detention beds through the end of fiscal year 2011, provides that none of the funds may be used to continue any contract for the provision of detention services if the two most recent overall performance evaluations received by the contracted facility are less than "adequate."
- Customs and Border Protection. The appropriation of $9.96 BILLION for the Department of Homeland Security Customs and Border Protection (CBP) bureau, which the Senate Committee on Appropriations says is $147 MILLION above the Administration's request and $171 MILLION below the fiscal year 2010 appropriation. The appropriation for CBP includes enough funding to fully fund 20,500 Border Patrol Agents, of whom 17,000 will be stationed on the Southwest Border. The Committee contends that the number of Border Patrol agents funded in the bill is more than double the number of agents on border in 2004.
- Asylum and Refugee Applications. The drect appropriation of $176.4 MILLION to U.S. Citizenship and Immigration Services (USCIS) for processing applications for asylum or refugee status.
- E-Verify Program. The direct appropriation of $103.4 MILLION to USCIS for the operation of the E-Verify program.
- Migration and Refugee Assistance. The appropriation of $1.685 BILLION for Department of State's Migration and Refugee Assistance (MRA) account, which funds both refugee admissions and overseas refugee assistance. The Senate Committee on Appropriations contends that this is $79.6 MILLION above the President's request and equal to the amount appropriated for the MRA account in fiscal year 2010.
- Emergency Refugee and Migration Assistance. The appropriation of $45 MILLION for Department of State's Emergency Refugee and Migration and Assistance (ERMA) account, which is a no-year fund that is drawn-down from, as necessary, to meet emergency refugee needs. In addition to appropriating $45 MILLION for fiscal year 2011 for the ERMA account, the bill would increase from $100 MILLION to S200 MILLION the maximum amount of money that can be parked in the ERMA account at any given moment, and it would permit the Secretary of State to draw funds from the account, easing current law that only permits the President to do so.
- Office of Refugee Resettlement. The appropriation of $767.1 MILLION for the Department of Health and Human Services Office of Refugee Resettlement (ORR) for Refugee and Entrant Assistance, of which $10.814 MILLION is earmarked for trafficking victim assistance and $169 MILLION is earmarked for refugee social services.
- Executive Office for Immigration Review. The appropriation of $319.4 MILLION for the Department of Justice's Administrative Review and Appeals division, most of which is for the Executive Office for Immigration Review (EOIR).
|
The Fate of the DREAM Act and the "Final" Fiscal Year 2011 Appropriations Bills Hang in the Balance as the 111th Congress Mounts Its Final push of the Year
By Micheal E. Hill
Monday, December 13, 2010 -- 8:50 am EST
As the 111th Congress pushes forward to its conclusion, the possibility that the Senate could take up the DREAM Act and that Congress will take final action on the immigration- and refugee-related fiscal year 2011 appropriations bills highlight what could be it's last week of session.
Senate Majority Leader Harry Reid (D-NV) last week promised that the Senate would take up the DREAM Act before it adjourns for the year. He made that promise moments after employing a rarely used parliamentary maneuver to prevent the Senate from voting on a motion that almost certainly would have killed the controversial immigration measure. This week, we could see whether the Majority Leader has enough left in his bag of parliamentary tricks to maneuver the DREAM Act to Senate passage; through the House again, if necessary; and onto the President's desk before the 111th Congress adjourns.
The task ahead will not be easy.
First, Reid will have to maneuver the tax cut bill through the Senate, the House, and onto the President's desk. And then he will have to find a way conclude action on the fiscal year 2011 appropriations bills. Once he accomplishes those tasks, he then will have to hold onto enough Democratic Senate votes and add a half-dozen or so Republican votes to invoke cloture on the DREAM Act. Finally, if he is skilfull enough to do all of that, he likely will have to navigate a series of hostile amendents that opponents of the DREAM Act will offer to the bill. And he'll have to do all of this in the five-to-ten legislaive days left before the 111th Congress adjourns sine die.
The DREAM Act is not the only immigration- or refugee-related matter that hangs in the balance as Congress rushes (or sleep-walks) toward adjournment. A host of immigration- and refugee-related spending and policy priorities are also hanging in the balance. Most of these priorities are tied up in the fiscal year 2011 appropriations process, which Congress must come to some conclusion on before it adjourns for the year.
With all of this work left to do, the schedule for the week is far from certain.
Click Here to See a Detailed Listing of Possible Immigration Actions This Week on the Hill
|
Immigration Barely Mentioned on the Past Weekend's
Sunday Public Affairs Programs
By Micheal E. Hill
Monday, December 13, 2010 -- 12:01 am EST
Taxes, spending, the START Treaty, and Don't Ask; Don't Tell dominate the media's attention as the 111th Congress prepares to enter what is almost certainly its last two weeks of session. Given that, despite the fact that the DREAM Act is poised on the precipice of either enactment or defeat, little talk about immigration occurred during the December 12, 2010, Sunday public affairs programs. Indeed, the only program on which there was any talk of immigration on December 12, was NBC's "Meet the Press" program, during which New York City Mayor Michael Bloomberg brought up the subject several times.
Click on the Play Button, above, to see the imigration excerpt from the Sunday, December 12, 2010, edition of NBC's "Meet the Press" program.
|
Majority Leader Reid Pulls Procedural Rabbit Out of His Hat to Prevent a Losing Cloture Vote on the DREAM Act
By Micheal E. Hill
Thursday, December 9, 2010 -- 12:15 pm EST
--Updated on Thursday, December 9, 2010 at 8:46 pm EST--
Senate Majority Leader Harry Reid on Thursday, December 9, pulled a procedural rabbit out of his hat to prevent what would almost certainly have been a losing vote from occurring on the DREAM Act. The Majority Leader acted shortly after 11:15 am EST, when he moved to table his previously made motion that the Senate proceed to consideration of S. 3992, the Senate version of the DREAM Act. The Senate agreed to his motion by a vote of 59-40, thereby preventing the Senate from conducting a previously scheduled cloture vote in relation to the DREAM Act.
The action on Thursday in the Senate is considerd a victory for supporters of the DREAM Act. It enables them to avoid a potentially momentum-killing losing vote on the Senate bill, gives them as much as a week to continue to pound potential swing vote Senators, and could set up a situation where Republicans in the Senate have no refuge in procedure and have to cast a yes or no vote on the DREAM Act on the bill's merits.
The next action on the DREAM Act in the Senate is likely to take place next week or later.
Following the vote on the motion to table, Majority Leader Reid and Assistant Senate Majority Leader Dick Durbin (D-IL) reasserted their commitment to bringing the DREAM Act before the Senate for a vote, saying, "the Senate will move to the House-passed version of the bill later this month. In the mean time, we will work with House leaders and the Administration to ensure that the DREAM Act will be law by the end of the year." The two Democratic leaders went on to assert that "[t]he DREAM Act is not a symbolic vote. We owe it to the young men and women whose lives will be affected by this bill, and to the country which needs their service in the military and their skills in building our economy, to honestly address this issue. Members on both sides of the aisle need to ask themselves if we can afford to say to these talented young men and women there is no place in America for you.”
Click Here to See the 59-40 Vote on the Reid Motion to Table the Motion to Proceed
Click Here to See the December 9, 2010, Reid-Durbin Statement on the DREAM Act
Check back with MicEvHill.Com later in the day today for updates as developments on the Senate bill warrant it.
|
Senate to Vote On Cloture in Relation to the DREAM Act As Proponents of Measure Struggle to Determine a Way Forward
By Micheal E. Hill
Thursday, December 9, 2010 -- 8:55 am EST
--Updated on Thursday, December 9, 2010 at 10:30 am EST--

The euphoria of Wednesday night's House passage of the DREAM Act gives way to reality today as its supporters struggle to determine a way forward in the Senate on the controversial immigration measure. The immediate problem that supporters of the DREAM Act faces is a procedural vote scheduled for Thursday morning, December 9, in the Senate that they are certain to lose. That impending loss will certainly be a momentum killer. But more important than any psychological setback that today's impending procedural loss will inflict, time is quickly running out for the 111th Congress, the Senate's agenda is packed with an overabundance of true must-pass items, the Senate is home to a determined group of senators who are opposed to the DREAM Act, and the Republican party is set on obstruction and delay. Proponents of the DREAM Act, accordingly, will have to be determined and skillful to figure out a way to assemble 60 votes in favor of the measure before the Senate shuts down for the year.
Senate action on the DREAM Act began yesterday just before 4:00 pm EST. The Senate at that time was supposed to vote on a motion to invoke cloture (shut down debate) on a motion to proceed to the cosideration of S. 3992, the Senate version of the DREAM Act, a motion that would have required the affirmative votes of 60 or more senators. But in a rare and dramatic act, just before the scheduled cloture vote, Majority Leader Harry Reid (D-NV) stopped the Senate from voting, explained that the House was about to vote on the DREAM Act, and asked the Senate to delay its vote until the House had acted. At first, the Senate agreed to put off the vote until 6:30 pm EST. But as the House debate wore on and it became obvious that the House would not complete action on the meaure until after 8:00 pm EST, the Senate opted to scrap the vote altogether and, instead, rescheduled it for Thursday, December 9. Now that the House has passed the DREAM Act, the stakes on today's vote are much higher than they were just 12 hours earlier.
The Senate is scheduled to convene on Thursday at 9:30 am EST. Senator Durbin, author of the DREAM Act, will be permitted to address the Senate for ten minutes shortly after the Senate convenes. The DREAM Act cloture vote is scheduled to begin at around 11:00 am EST.
Every Senate Republican has pledged to vote against invoking cloture on any measure until the Senate has cleared a tax bill and passed a fiscal year 2011 continuing appropriations resolution. Accordingly, it is widely anticipated that almost every Republican will vote against invoking cloture on S. 3992 today, an eventuality that will doom any chance that DREAM Act proponents have to win today's vote. But a loss today will not necessarily mean that the DREAM Act is dead. The Majority Leader still would have the option of waiting until after the Senate has acted on tax and spending legislation and then attempting to bring up the House-passed version of the DREAM Act. He still would eventually have to win 60 votes to shutdown debate on that bill. But at that point, senators who oppose the DREAM Act would have to oppose it because of the substance of the bill rather than relying on procedural excuses for denying the Senate the opportunity to cast an up-or-down vote on it.
Check back with MicEvHill.Com later in the day today for updates as developments on the Senate bill warrant it.
|
|
House Passes the DREAM Act
Senate Cloture Vote Postponed Until Thursday or Later
By Micheal E. Hill
Wednesday, December 8, 2010 -- 9:07 pm EST
--Updated on Wednesday, December 8, 2010 at 10:30 pm EST--
After more than ten years since its first introduction, the House of Representatives has passed the DREAM Act, doing so by vote of 216-198. House action occurred late in the evening on Wednesday, December 8, 2010, after an hour of emotional debate on the measure. As a technical matter, the House passed a House Amendment to the Senate Amendments to H.R. 5281, an unrelated bill that the House had passed back in July. In amending the bill to include the text of the DREAM Act, the House has now tossed the DREAM Act ball into the court of the Senate, which must pass the measure in identical form before it can be sent to the President for his consideration.
Advocates on both sides of the DREAM Act spent much of the day on Wednesday unsure of whether there were enough votes in the House to pass the measure. Indeed, all day long on Wednesday, legislators and advocates, alike, were unsure about whether the House or the Senate would first take up the bill. The stakes on how that question was to be answered were high. The Senate was widely expected to defeat the attempt to bring the measure to the Senate floor, and DREAM Act advocates feared that a defeat in the Senate would doom the bill in the House. After a tug-of-war that went on throughout much of the day, the decision was made to postpone a vote in the Senate in order to permit the House to vote on the bill first That decision paid off, with the House first narrowly voting to approve the rule providing for the consideration of the DREAM Act and then subequently voting narrowly to pass it. To illustrate how close the two votes were, a switch of two votes from AYE to NAY on the rule would have defeated the rule. A switch of nine votes from AYE to NAY would have defeated the bill, itself.
Now that the House of Representatives has passed the DREAM Act, the Senate must pass it in identical form before the 111th Congress adjourns, or the bill will die when the 112th Congress convenes on January 5, 2011. The Senate was scheduled yesterday to vote on a motion to invoke cloture on a motion to proceed to S. 3992, the Senate version of the DREAM Act that was introduced in the on Tuesday, November 30, by Senator Dick Durbin (D-IL). As previously indicated, the Senate Democratic Leadership agreed to postpone that vote in order to permit the House to vote first on the DREAM Act. At the time of this writing, it was unclear whether the Senate will proceed to vote on invoking cloture on S. 3992 or whether it will maneuver to bring up the amended version of H.R. 5281 sometime over the next week.
The DREAM Act was first introduced a decade ago by Representative Howard L. Berman (D-CA), who has reintroduced it in every Congress since. The bill has changed over the years, changing dramatically over the last month.
As passed by the House, the DREAM Act would cancel the removal of, and adjust to conditional permanent resident status, an alien who: (1) entered the United States before his or her 16th birthday and has been present in the United States for at least five years immediately preceding enactment of the Act; (2) is a person of good moral character; (3) is not inadmissible or deportable under specified grounds of the Immigration and Nationality Act; and (4) at the time of application, has been admitted to an institution of higher education or has earned a high school or equivalent diploma. The measure provides for a ten year-long period of conditional residency for beneficiaries, followed by a period of three years before they could apply for United States citizenship.
Applicants for relief under the House-passed version of the DREAM Act would have to apply for that relief before reaching their 30th birthday and would have to pay $2,525 in "surcharges" in addition to the fee that the DHS sets for the cost of adjudicating their application. Under the House-passed bill, DREAM Act applicants would be ineligible for a host of federal educational assistance programs.
Click Here to See the 211-208 Vote By Which House Agreed to the DREAM Act Rule
Click Here to See the 216-198 Vote By Which House Passed the DREAM Act
Click on the Play Button, above, to see video of the December 8, 2010, House floor debate on the DREAM Act.
|
|
House and Senate to Cast Key Votes in Relation to the DREAM Act
By Micheal E. Hill
Wednesday, December 8, 2010 -- 5:35 am EST
--Updated on Wednesday, December 8, 2010 at 12:45 pm EST--
After more than ten years since its first introduction, by the end of the day today, the DREAM Act could finally be voted on for the first time by a chamber of the United States Congress. Votes in relation to the DREAM Act are scheduled for Wednesday, December 8, in both the U.S. House of Representatives and the United States Senate, with as many as three of the votes occurring in the House (one on the substance of the bill and as many as two on procedure) and one procedural vote occurring in the Senate.
After months of lobbying, it's anybody's guess as to whether proponents of the Dream Act will be able to muster the 218 votes that will be needed first, in order to approve of the parliamentary procedure that the Leadership is employing to bring the measure before the House, and second, in order to pass the bill, itself. Prospects for moving the bill forward in the Senate are even less certain, with most insiders predicting that the measure will once again be caught up in partisan wrangling and that, as a consequence, proponents of the DREAM Act will come up short of the 60 votes they need to advance the measure.
The House. As dawn broke this morning, it was hoped that the House of Representatives would act first, perhaps early in the aftrernoon of December 8. As the morning wore on, however, and the House Committee on Rules had not yet taken up the rule providing for the consideration of the DREAM Act, it appeared increasingly likely that the House will not act on the measure until around 7:00 pm EST or later, well after the Senate casts its procedural vote on the DREAM Act.
When the House acts, it likely will divide its consideration of the measure into two stages. In the first stage, the House will debate and then vote on what procedure it will use to take up the DREAM Act. Only if a majority of the House approves of the procedure recommended by the leadership will it then move to the second stage, which is the debate and vote on the DREAM Act, itself.
The first key vote on the DREAM Act in the House, then, will likely be on a procedure, known as a "rule," that will set the terms of how the House will debate the bill. If proponents of the DREAM Act win a majority of the votes of those Members who are present and voting on the "rule" (a simple majority would be 218 Members if all of the 434 currently serving Members of the U.S. House of Representatives vote), then the House will take up the bill, itself. It is anticipated that if the House agrees to the rule, the DREAM Act will be debated for an hour, no amendments to the bill will be permitted, and the debate on the bill will be followed by a 15 minute-long up-or-down vote on whether to pass the DREAM Act. The affirmative votes of a simple majority of those Members who are present and voting will be required in order to pass the measure and send it to the Senate for its consideration.
At the time of this writing, the House Democratic Leadership had not yet revealed the identity of the legislative vehicle it will use in order to bring the DREAM Act before the full House of Representatives. Parliamentary experts believe that the House will take a bill that the Senate previously has passed from the desk and use that Senate-passed measure as the vehicle for the DREAM Act. Under that scenario, the House would takeup the Senate-passed measure and seek to amend it by adding the language of the DREAM Act to it.
Another unanswered question up until early this morning was what the precise text of the House version of the DREAM Act will be. Indications are that the House bill will reflect the text of H.R. 6497, a version of the DREAM Act that was introduced on Tuesday, December 7, 2010, by Representative Howard L. Berman (D-CA), the original sposor of the DREAM Act in the House, and Representative Lincoln Diaz-Balart (R-FL). That measure was largely built around S. 3992, the version of the DREAM Act that was introduced in the Senate on Tuesday, November 30, by Senator Dick Durbin (D-IL). However, H.R. 6497 made a number of changes relative to S 3992 in order to deal with a December 2, 2010, Congressional Budget Office (CBO) estimate S. 3992 bill would increase the federal deficit by $1.4 BILLION during the first ten years after its enactment. In order to make the House bill deficit-netural during that ten year-long period, a set of provisions have been inserted into H.R. 6497 will assess surcharges on DREAM Act applicants, and those surcharges will be sufficient to recoup $1.4 BILLION. Indications are that the fees will be assessed in two stages: first, a $525 sucharge when an applicant applies for relief under the DREAM Act, and second, a surdharge of $2,000 five years after an applicant has submitted his or her application, during a new "check-in" period that the House version of the bill would establish.
Check back with MicEvHill.Com later in the day today for updates as developments on the House bill, as warranted.
The Senate. The Senate is set to vote on whether to invoke cloture on a motion to proceed to S. 3992 sometime between 4:30 pm EST and 5:00 pm EST today. The vote on cloture in relaton to the DREAM Act is the third of four cloture votes that the Senate will vote on on Wednesday in back-to-back-to-back-to-back votes.
The impending cloture vote on the motion to proceed to S. 3992 was triggered on Monday, December 6, when Senate Majority Leader Harry Reid (D-NV) filed a cloture motion, setting up today's vote. Senate rules require the affirmative votes of 60 senators in order to invoke cloture (shut down debate) on a measure. Accordingly, Majority Leader Reid will need to convince 60 senators to vote in favor of invoking cloture in order to bring S. 3992 before the Senate.
Should the Senate eventually vote to invoke cloture on the motion to proceed to consideration of the DREAM Act, an amendment process will be triggered, wherein senators will be free to offer amendments to make changes in the bill. Senate DREAM Act opponents have indicated they intend to offer a host of potentially crippling amendments to the measure if the process gets that far. In all likelihood, if cloture is invoked, Majority Leader Reid will attempt to negotiate a defined list of amendments that could be offered to the bill. Any such agreement would require the unanimous consent of the Senate, however. If no such agreement is reached, under cloture, the Senate would have up to 30 hours to debate the measure before a final vote occurred on the bill, as amended, if amended.
Should the Senate fail to invoke cloture on its first attempt, Senator Reid will have the option of trying at some later time to invoke cloture on the motion to proceed to consideration of the bill.
Securing 60 votes to invoke cloture on the motion to proceed to the consideration of the DREAM Act will be a daunting task, given that several of the 58 sitting Democratic senators are expected to vote against doing so. In any imaginable scenario, Majority Leader Reid will have to win the votes of at least a half-dozen Republicans in order to invoke cloture on the measure. At the time of this writing, Senators Richard Lugar (R-IN) and Robert Bennett (R-UT) were the only Republicans who had indicated support for it. Even Senator Lugar has indicated in recent days that he will vote against invoking cloture on the DREAM Act at this time because of disputes over tax and spending policy.
Check back with MicEvHill.Com later in the day today for updates as developments on the Senate bill, as warranted.
|
House Preparing to Take Up Long-Term Fiscal Year 2011 Appropriations Bill Containing Refugee and Immigration Funding but the Fate of the Measure in the Senate Cannot Be Predicted
By Micheal E. Hill
Wednesday, December 8, 2010 -- 3:45 am EDT
--Updated on Wednesday, December 8, 2010 at 11:58 am EST--
The Democratic Leadership of the U.S. House of Representatives is preparing to bring a long-term fiscal year 2011 funding bill before the House that would appropriate funding through the remainder of fiscal year 2011 for all of the departments, agencies, programs, and activities of the federal government. The precise text of the measure that the Leadership will bring before the House is contained in a was not available at the time of this writing. However, a 423-page draft of the measure that was released on Wednesday, December 8, by the House Commiittee on Rules. That draft of the measure combined a long-term continuing appropriations resolution with three other bills: a Surface Transportation authorization extension, an airport and airways authorization extension, and a food safety bill. The Leadership intends to bring up the package on Wednesday as an amendment to the Senate Amendments to H.R. 3082, the Fiscal Year 2010 Military Construction Appropriations bill. While the heavily-Democratic House is expected to pass the measure, its fate in the Senate cannot be predicted. Many Senate Republicans, including Senate Majority Leader Mitch McConnell (R-KY), have expressed opposition to passing an omnibus fiscal year 2011 appropriations bill, and they could throw a number of procedural obstacles in the way if Senate Majority Leader Harry Reid (D-NV) attempts to move an omnibus appropriations bill through the Senate.
Enactment of a continuing appropriations resolution of some duration is necessary because Congress has not yet enacted any of the 12 fiscal year 2011 measures that are supposed to fund the federal government's operations. Among the immigration- and refugee-related operations that have yet to be fully funded for fiscal year 2011 are the federal government's immigration-, border security-, and refugee-related agencies, services, functions., and activities. Fiscal year 2011 funding for all of those functions are included in the draft long-term fiscal year 2011 continuing appropriations measure.
As contained in the House Rules Committee draft, the measure that the House intends to takeup starts off by providing base fiscal year 2011 funding for all federal agencies and functions at the levels that were appropriated in fiscal year 2010. It then goes on for more than 170 pages to provide exceptions to the fiscal year 2010 funding levels, providing increases in funding for a number of specified agencies, programs, or activities relative to fiscal year 2010 levels, and providing decreases in funding for others.
Among the significant immigration- and refugee-related items that are specified in the draft measure are the following:
- Immigration and Customs Enforcement. The appropriation of $5.438 BILLION for Department of Homeland Security Immigration and Customs Enforcement (ICE) salaries and expenses and the appropriation of an additional $84.7 MILLION for ICE Automation Modernization;
- Customs and Border Protection. The appropriation of $8.2 BILLION for Department of Homeland Security Customs and Border Protection (CBP) salaries and expenses, the appropriation of an additional $347.6 MILLION for CBP Automation Modernization, and the appropriation of an additional $574.2 MILLION in CBP border security fencing, infrastructure, and technology;
- Asylum and Refugee Applications. The drect appropriation of $176 MILLION to U.S. Citizenship and Immigration Services (USCIS) for processing applications for asylum or refugee status;
- E-Verify Program. The direct appropriation of $103.4 MILLION to USCIS for the operation of the E-Verify program;
- REAL ID Hub. A bar on funding for development of the system commonly know as the "REAL ID Hub," as well as a recission of $16.5 MILLION of previously appropriated funds for the "REAL ID Hub";
Not specified in the draft measure is a level of funding in fiscal year 2011 for the federal government's refugee admissions, overseas refugee assistance, refugee resettlement, and immigration court agencies, programs, functions, and activities. Under the draft measure, those functions would be funded in fiscal year 2011 at the level of funding provided in fiscal year 2010 by P.L. 111-117, the Consolidated Appropriations Act, 2010. That measure appropriated $1.685 BILLION for the Department of State's Migration and Refugee Assistance (MRA) account for fiscal year 2010; $45 MILLION for the Department of State's Emergency Refugee and Migration Assistance (ERMA) account for fiscal year 2010; and $845 MILLION for the International Disaster Assstance (IDA) account for fiscal year 2010.
Prior to adjourning for the lead-up to the 2010 mid-term elections, Congress enacted HR. 3081, a measure providing short-term continuing appropriations through Friday, December 3, 2010. Congress followed-up that action last week by enacting H.J. Res. 101 into law. That measure continued fiscal year 2011 funding for all of the operations of the federal government through December 18, 2010. Congress must act to extend appropriations before that date in order to prevent a shutdown of all federal agencies, functions, and activities.
On the other side of the Capitol Building, Senate Democratic appropriators are preparing their own version of a long-term continuing appropriations measure that reportedly is based on the bills that advanced through the Senate Committee on Appropriations during the summer of 2010. However, Senate Republicans are expressing opposition to taking up that measure.
|
|
Senate Majority Leader Reid Files Cloture on DREAM Act,
Setting Up Key Procedural Vote On Wednesday
By Micheal E. Hill
Monday, December 6, 2010 -- 7:22 pm EST
Senate Majority Leader Harry Reid (D-NV) has moved to set up a key procedural vote on the DREAM Act for Wednesday, December 8.
Majority Leader Reid acted just before the Senate adjourned on Monday, December 6, moving that the Senate proceed to S. 3992, a version of the DREAM Act that was introduced on Tuesday, November 30, and then immediately moving that the Senate invoke cloture on the motion to proceed. The Majority Leader's cloture motion will likely be voted on on Wednesday afternoon, December 8.
As introduced on November 30, S. 3992 would cancel the removal of, and adjust to conditional permanent resident status, an alien who: (1) entered the United States before his or her 16th birthday and has been present in the United States for at least five years immediately preceding enactment of the Act; (2) is a person of good moral character; (3) is not inadmissible or deportable under specified grounds of the Immigration and Nationality Act; and (4) at the time of application, has been admitted to an institution of higher education or has earned a high school or equivalent diploma. The measure provides for a ten year-long period of conditional residency for beneficiaries, followed by a period of three years before they could apply for United States citizenship.
Senate rules require the affirmative votes of 60 senators in order to invoke cloture (shut down debate) on a measure. Accordingly, Majority Leader Reid will need to convince 60 senators to vote in favor of invoking cloture in order to bring S. 3992 before the Senate.
Should the Senate eventually vote to invoke cloture on the motion to proceed to consideration of the DREAM Act, an amendment process will be triggered, wherein senators will be free to offer amendments to make changes in the bill. Senate DREAM Act opponents have indicated they intend to offer a host of potentially crippling amendments to the measure if the process gets that far. In all likelihood, if cloture is invoked, Majority Leader Reid will attempt to negotiate a defined list of amendments that could be offered to the bill. Any such agreement would require the unanimous consent of the Senate, however. If no such agreement is reached, under cloture, the Senate would have up to 30 hours to debate the measure before a final vote occurred on the bill, as amended, if amended.
Should the Senate fail to invoke cloture on its first attempt, Senator Reid will have the option of trying at some later time to invoke cloture on the motion to proceed to consideration of the bill.
Securing 60 votes to invoke cloture on the motion to proceed to the consideration of the DREAM Act will be a daunting task, given that several of the 58 sitting Democratic senators are expected to vote against doing so. In any imaginable scenario, Majority Leader Reid will have to win the votes of at least a half-dozen Republicans in order to invoke cloture on the measure. At the time of this writing, Senators Richard Lugar (R-IN) and Robert Bennett (R-UT) were the only Republicans who had indicated support for it.
|
Possible Consideration of the DREAM Act in Both the House and Senate Highlights This Week's Congressional Immigration Action
By Micheal E. Hill
Monday, December 6, 2010 -- 12:01 am EST
--Earlier Version of Story Originally Posted on Sunday, December 5, 2010 at 12:43 am EST--
The highlight of this week's immigration and refugee-related action in Congress is the possible floor consideration in both the House and Senate of the DREAM Act.
It is widely believed that if the full House of Representatives takes up the DREAM Act this week, it will do so on Wednesday, December 8. At the time of this writing, neither the identity of the vehicle that the House will use to take up the DREAM Act nor the precise contours of the measure's contents were publicly known. Moreover, while House proponents of the DREAM Act have expressed cautious optimism about the outcome of the upcoming vote, it was still unclear at the time of this writing whether there are 218 Members of the House who will vote in favor of the measure.
The timing of when the Senate might cast its first votes in relation to the DREAM Act seems more certain.
Senate Majority Leader Harry Reid (D-NV) has indicated that he will move on Monday, December 6, that the Senate proceed to the consideration of S. 3992, the most recent version of the DREAM Act that has been introduced in the Senate. Immediately after offering his motion for the Senate to proceed to the bill, the Majority Leader is expected to file a cloture motion in an attempt to bring debate on the motion to proceed to a close. Under this scenario, the first Senate vote in relation to the DREAM Act would take place on Wednesday, December 8. In order to prevail, the Majority Leader will have to win the votes of 60 senators in favor of his cloture motion.
As is the case in the House, it is unclear at the time of this writing whether there are sufficient votes in the Senate to invoke cloture on the motion to proceed to consideration of the DREAM Act.
If proponents of the DREAM Act are successful and they manage to assemble the requisite number of votes to invoke cloture on the motion to proceed to the bill, they then will have to fend off what is expected to be a number of hostile amendments that opponents of the measure will offer to the bill, as well as navigate yet another cloture vote (this time on the bill, itself) before the Senate votes on final passage of the bill.
In addition to possibly taking up the DREAM Act, a number of other items with immigration- or refugee-related consequences are likely to see action in the coming week in or near the Capitol complex, the White House, or on K Street:
- The House this week could take up a yet-to-be-unveiled omnibus appropriations bill to fund the functions of the federal government through the end of fiscal year 2011. Should the House take up such a measure, it likely would contain final fiscal year 2011 funding levels for the federal government's border security, interior immigration enforcement, immigration services, overseas refugee assistance, refugee admissions, and refugee resettlement function, programs, and activities.
- The Senate this week could take up H.R. 847, the "James Zadroga 9/11 Health and Compensation Act" As passed by the House, the measure would establish a multi-billion program to compensate first responders and other victims of the September 11, 2001, terrorist attacks on the United States. As passed by the House, the measure would provide compensation to persons regardless of their immigration status. Attempts were made in the House to limit any compensation to noncitizens or undocumented aliens. But those attempts were unsuccessful. There was no word at the time of this writing whether similar attempts will be made in the Senate if the Senate takes up the measure.
- The Senate Committee on Homeland Security and Governmental Affairs has scheduled a hearing for this week on border security on Federal lands.
- The Supreme Court of the United States this week will hear arguments in a key employer sanctions case emanating from Arizona.
- Numerous discussion panels on border security- and immigration-related matters are being held this week either on or near Capitol Hill.
Click Here to See a Detailed Listing of Possible Immigration Actions This Week on the Hill
|
Very Little Talk of Immigration Occurred During the Past Weekend's Sunday Public Affairs Programs
By Micheal E. Hill
Monday, December 6, 2010 -- 12:01 am EST
The guest list for the December 5, 2010, Sunday public affairs programs was studded with key players on immigration. Despite that, the five programs were dominated by discussions about tax, deficit, and military policy, with virtually no talk about immigration or the DREAM Act.
The few mentions of (or references to) immigration that occurred on the December 5 programs were limited and eliptical. They included remarks by Senator Richard Lugar (R-IN) who, appearing on CNN's "State of the Union" program, implied that President Obama was "putting very strong pressure" on Democratic senators to "cut them out of" taking up any legislation during the remainder of the Lame Duck Session outside of a list of three specified items; The DREAM Act was not on the list that Senator Lugar itemized. The Indiana Republican also responded to a question about whether his support for the DREAM Act and several other issues was out of step with the positions of his fellow Republicans, saying his position on the issues referred to by the anchor were "important for the Republican party."
The only other mention of immigration during the December 5 Sunday public affairs programs came during NBC's "Meet the Press" program, wherein New York Times columnist Tom Friedman opined that the United States needed more immigrants.
Click on the play button, above to see immigration-related video excerpts from the December 5, 2010, Sunday public affairs programs.
|
Floor Action on the DREAM Act Delayed Until Next Week in
Both the House and the Senate
By Micheal E. Hill
Friday, December 3, 2010 -- 12:38 am EST
--Updated on Friday, December 3, 2010 at 8:35 am EST--
House Democratic Leadership sources indicate that the Leadership plans to bring the DREAM Act before the full House of Representatives for a vote on Wednesday, December 8. There is no word at the time of this writing what the precise contours of the bill will be or what vehicle the House will use to bring the measure to the House floor.
On the Senate side of the Capitol, sources indicate that Majority Leader Harry Reid (D-NV) has decided to wait to file cloture on the motion to proceed to the consideration of S. 3992, the most recent version of the DREAM Act, until the Senate has disposed of legislation to extend some or all of the Bush era tax cuts that are set to expire at the end of 2010. These sources say that Reid made the decision in light of a letter he received earlier this week that was signed by all 42 Senate Republicans threatening to filibuster any legislative measure that is brought to the Senate floor until the Senate has passed legislation extending the tax cuts.
Majority Leader Reid has scheduled a rare Saturday session of the Senate to take up several alternative tax cut proposals. In the meantime, press reports indicate that the White House is close to an agreement on a tax cut deal with House and Senate Republicans. Should these reports prove accurate, the way could be cleared by early-to-mid next week filing of a cloture petition on the DREAM Act.
In other DREAM Act developments --
- on Thursday, December 2, 2010, the Congressional Budget Office (CBO) released its estimate of the costs of S. 3992. The CBO DREAM Act Cost Estimate contains mixed news. On the one hand, the estimate projects that there would be a net increase in revenue during the ensuing ten-year period if S. 3992 is enacted into law and that its enactment would actualy reduce the deficit by $1.4 BILLION over the first ten years after it is enacted. However, the estimate also projects that enactment of the measure would result in increases in the federal deficit during the subequent 40-year period.
Both proponents and opponents of the DREAM Act are likely to tout the portions of the CBO DREAM Act Cost Estimate that support their respective positions during the debates-to-come on the DREAM Act.
- Supporters of the DREAM Act -- both on and off of Capitol Hill -- expressed cautious optimism about the prospects for victory in the House. Pro-immigrant advocates were flooding the Captiol switchboard with calls and engaging in actions in Members and senators' district offices in support of the measure. Representative Luis Gutierrez (D-IL), who heads The Congressional Hispanic Caucus Immigration Task Force, said yesterday, "I'm encouraged because the obstacles appear procedural in nature — it's not the votes." He went on to assert that "[w]e are still on track to pass the DREAM Act in the House, but we ran out of time to have a vote this week, so it looks like we will have it next week."
- DREAM Act opponents in the House and Senate stepped up their preemptive efforts to defeat the measure by making floor speeches against it and circulating "Dear Colleague" letters opposing it. In the Senate, Senate Judiciary Committee Chairman Jeff Sessions (R-AL) sent a letter to his colleagues opposing the measure. The Sessions DREAM Act "Dear Colleague" letter charged that the bill "was poorly drafted, filled with loopholes and, by rewarding illegal behavior, will without doubt encourage future illegal immigration." In the House, House Judiciary Committee Ranking Republican Lamar Smith (R-TX) sent a letter to his colleagues opposing the measure. The Smith DREAM Act "Dear Colleague" letter charged that "[t]he Dream Act is a dream for those who have broken the law, but a nightmare for law-abiding and taxpaying Americans."
Click on the Play Button, above, to see a video excerpt from a speech made on the Senate floor by Senator David Vitter in which he expresses opposition to the DREAM Act.
|
Majority Leader Hoyer Pledges to Bring Dream Act Up in House Regardless of Whether the Senate First Passes It
By Micheal E. Hill
Thursday, December 2, 2010 -- 12:01 am EST
House Majority Leader Steny Hoyer (D-MD) pledged on Wednesday that the House of Representatives will take up the DREAM Act during the Lame Duck Session, hinting that it could do so as soon as next week, and that it would do so regardless of whether the Senate first takes up the measure. If the House Democratic Leadership follows through on Hoyer's pledge, it would represent the first time in the four years that Democrats have been in control of the U.S. House of Representatives that the House will have taken the lead on a controversial pro-immigrant immigration measure rather than waiting for the Senate to act first.
Hoyer's comments were made late on Wednesday, December 2, in a brief session with reporters. He gave no details on what strategy the Leadership would employ, what parliamentary procedure the Leadership would make use of, the precise language that the House would take up, or the precise timing of when a House vote on the DREAM Act would occur. Nonetheless, the pledge was significant, in that it was made after the House Democratic Leadership's abandonment of a strategy that it previously had floated of using a Haitian adoptee bill as a vehicle for the DREAM Act. And it was significant, in that it was made as efforts in the Senate to bring up the DREAM Act were sustaining one procedural and political setback after another.
House Democrats have been informally "whipping" its caucus for sometime now, trying to round up enough votes to pass the DREAM Act. Reports indicate that the informal whipping that has been going on will soon be formalized. When asked on Wednesday whether Democrats had the requisite 218 votes that would be needed to pass the DREAM Act, Hoyer replied, "I think we would have the votes when we bring it to the floor.”
Hoyer's comments represent a remarkable turnaround for House Democrats on the DREAM Act. For much of the 111th Congress, key pro-immigant Members held the bill at arms-length, preferring to push comprehensive immigration reform (CIR), instead. Indeed, during a July 24, 2010, Question & Answer session at the Netroots Nation conference in Las Vegas, Nevada, Speaker of the House Nancy Pelosi (D-CA) fielded a question about why the House had not advanced the DREAM Act. The Speaker responded to the question, saying that the Congressional Hispanic Caucus (CHC) did not want to move the DREAM Act as a stand-alone measure because of concerns that doing so would get in the way of enacting comprehensive immigration reform. While she acknolwedged differing views on the wisdom of that strategy, the Speaker said that she agreed with it.
All of that has now changed. As it became increasingly evident that enacting CIR during the 111th Congress was impossible, the CHC changed its posture on the DREAM Act, becoming active boosters of the measure. Now its members are in the forefront of an operation that is trying to roundup enough votes to pass the measure during the Lame Duck Session.
As has been the case in the Senate, there is doubt about what version of the DREAM Act the House will take up if it attempts to move the measure before the Senate passes it. The House has the option of taking up S. 3992, the most recent version of the DREAM Act that was introduced in the Senate, or it could take up a version of the measure that represents a compromise between S. 3992 and H.R. 1751, the "American Dream Act", which was introduced in the U.S. House of Representatives by Representative Howard L. Berman (D-CA) on March 26, 2009. For a variety of procedural and political reasons, though, it is highly unlikely that it would take up tH.R. 1751.
With the hoped-for adjournment of the 111th Congress just two weeks away and the certainty of a 112th Congress in which House passage of the DREAM Act will be impossible, the pressure is on for the House Democratic Leadership to find a way to get to a vote on the DREAM Act in the coming days. Indeed, a vote next week may be the last opportunity pro-immigrant advocates will have to pass the DREAM Act for years to come.
|
House Clears Measure Providing Permanent Residence For Haitian Orphan Earthquake Victim Adoptees
By Micheal E. Hill
Thursday, December 2, 2010 -- 12:01 am EST
The House of Representatives has passed a measure that authorizes the Secretary of Homeland Security to adjust to permanent resident status Haitian orphan earthquake victims who were paroled into the United States and adopted by U.S. citizens during the period immediately following the January 2010 earthquake in Haiti. House floor action occurred on Wednesday, December 1, 2010, in connection with the Senate Amendments to H.R. 5283, the Help Haitian Adoptees Immediately to Integrate Act of 2010 or the HAITI Act. The House passed the measure by a voice vote, clearing it for the President's consideration.
H.R. 5283 was introduced in the House by Representative Jeff Fortenberry (R-NE). The House of Representatives passed it on July 20, 2010, by a voice vote. As passed by the House, H.R. 5283 would have authorized the Secretary of Homeland Security to adjust to permanent resident status an alien who was paroled into the United States pursuant to the humanitarian parole policy for certain Haitian orphans announced on January 18, 2010, and suspended as to new applications on April 15, 2010. In order to be eligible, an alien would have had to apply for adjustment, be physically present in the United States when the adjustment application is filed, and be admissible as an immigrant. The House-passed version of the measure would have deemed that any alien applying for relief has satisfied the requirements applicable to adopted children if, before the alien is 18 years of age, he or she adjusts to permanent resident status and is adopted by a U.S. citizen (which may occur before, on, or after status adjustment). It, further, would permit a parent or legal guardian to apply on behalf of a minor, and it would prohibit any derivative immigration benefits for the birth parent of an alien adjusted under this Act.
The Senate took up the original House-passed version of H.R. 5283 on August 4, 2010, adding several relatively minor amendments to the bill. The Senate-passed amendments to the measure imposed several restrictions on Haitian children who can benefit from the bill that were not contained in the House-passed version. For instance, the Senate-passed version places a deadline of three years for potential beneficaries to apply for adjustment of status. It also caps at 1,400 the number of chidlren whose status can be adjusted under the measure. And it requires that children benefiting from the bill be under the age of 18 and unmarried. The House-passed version contained no such restrictions.
The House took up the Senate Amendments to H.R. 5283 under a procedure known as "suspension of the rules." This procedure precluded floor amendments, limited debate to 40 minutes, and required that two-thirds or more of the Members voting and present vote in favor of the measure for the House to pass it.
Now that the House has cleared the measure, the next step in the legislative process is for the bill to be presented to President Obama for his consideration. the President is expected to sign the measure into law.
Click on the play button, above, to see the December 1, 2010, House floor debate on the Senate Amendments to H.R. 5283.
|
House Clears Measure Requiring Nonimmigrant English Language Students to Study in Accredited Educational Programs
By Micheal E. Hill
Thursday, December 2, 2010 -- 12:01 am EST
--Updated on Thursday, December 2, 2010 at 1:30 am EST--
The House of Representatives has passed a measure that requires the accreditation of certain English Language instruction programs used by nonimmigrants. House action occurred on Wednesday, December 1, 2010, in connection with S. 1338, a measure to amend the Immigration and Nationality Act to require that a nonimmigrant foreign student seeking to enter the United States to study at a language training program enroll in a program that is accredited by an accrediting agency recognized by the Secretary of Education. The House passed the measure by a voice vote, clearing it for the President's consideration.
S. 1338 was introduced in the Senate by Senator Thomas R. Carper (D-DE). A companion measure, H.R. 2361, was introduced in the U.S. House of Representatives by Representative Barney Frank (D-MA). The Senate passed S. 1338 on September 27, 2010, by unanimous consent.
The House took up the S. 1338 under a procedure known as "suspension of the rules." Under the procedure, no amendments were permitted to be offered to the measure, the bill was debatable for a maximum of 40 minutes, and the affirmative votes of at least two-thirds of those Members who were present and voting were required in order for the House to pass the measure.
Now that the House of Representatives has passed S. 1338, the next step in the legislative process is for the bill to be presented to President Obama for his consideration. The President is expected to sign the measure into law.
Click on the play button, above, to see the December 1, 2010, House floor debate on S. 1338.
|
|
Significant Changes Made in New Version
of the Senate's DREAM Act
By Micheal E. Hill
Wednesday, December 1, 2010 -- 10:35 am EST
--Updated on December 1, 2010 at 7:30 pm EST--
The text of S. 3992, the latest version of the DREAM Act, has emerged, revealing a number of significant changes that were made to the bill in an effort to secure the requisite 60 votes that willl be needed to invoke cloture on the motion to proceed to consideration of the measure.
Senator Richard Durbin (D-IL) introduced the latest version of the DREAM Act late in the evening on Tuesday, November 30, 2010. The Democratic Leadership immediately moved to put the bill on track for full Senate consideration, a process that will take several days.
Two of the changes that were made in this "final" version of the DREAM Act were widely anticipated. The first of these is the dropping of a provision that would have amended the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to repeal the provision in that law that effectively prohibits states from charging in-state tuition rates to undocumented aliens unless they charge in-state tuition to all citizens and nationals of the United States. The second of these is an increase in the bill's cut-off age for DREAM Act beneficairies. The original version of the DREAM Act would have permitted persons who were up to age 35 to benefit from the bill. Subsequent versions of the bill reduced that cutoff age to 30 years-of-age. This change was retained in S. 3992.
A quick reading of S. 3992 reveals a number of other significant changes that were made in this "final" version of the bill. For instance, the original version of the bill would have provided for a six year period of conditional residency before a DREAM Act child could become a legal permanent resident. In the new version, that period was extended to ten years. In the original version of the bill, DREAM Act children were not exposed to a health exclusion. In the new version, they would be. In the original version of the bill, a DREAM Act child was eligible for naturalization immediately upon becoming a permanent resident. In the new version, they are not eligible for naturalization until they have been a permanent resident for three years. And the new version of the bill expands the definition of qualifying educational institutions that DREAM Act children may attend for the purposes of qualifying for DREAM Act benefits.
Now that S. 3992 has been introduced, Senate Majority Leader Harry Reid (D-NV) will have to maneuver it through several parliamentary hoops before he can file a motion to proceed to consideration of the bill and a cloture motiion on that motion to proceed. At the time of this writing, it appears that the earliest that a cloture motion could be filed is Thursday, December 2, an action that would set up a cloture vote for as early as Saturday., December 4. It was not known at the time of this writing whether Majority Leader Reid will take the unsual step of holding a cloture vote on a Saturday or if he will seek to hold a cloture vote sometime next week.
Senate rules require the affirmative votes of 60 senators in order to invoke cloture (shut down debate) on a question. Accordingly, Majority Leader Reid will need to convince 60 senators to vote in favor of invoking cloture in order to bring S. 3992 before the Senate.
In the meantime, Senate Republicans seem to have unified behind an approach that would deny cloture on any legislation -- presumably including the DREAM Act -- "until the Senate has acted to fund the government and we have prevented the tax increase that is currently awaiting all American taxpayers." All 42 Senate Republicans sent a letter to Majority Leader Reid saying that, "with little time left in this Congressional session, legislative scheduling should be focused on these critical priorities." If all 42 Republicans make good on the threat, it would present a significant, if not insurmountable, obstacle to the DREAM Act and other legislative measures.
Even before Wednesday's threat from all 42 Republican senators, securing 60 votes to invoke cloture on the motion to proceed to the consideration of the DREAM Act was a daunting task, given that several of the 58 sitting Democratic senators are expected to vote against doing so. In any imaginable scenario, Majority Leader Reid will have to win the votes of at least a half-dozen Republicans in order to invoke cloture on the measure. At the time of this writing, Senators Richard Lugar (R-IN) and Robert Bennett (R-UT) were the only Republicans who had indicated support for it.
Prior to Tuesday, November 30, Senator Richard Durbin (D-IL) had introduced four versions of the DREAM Act during the 111th Congress, a move that was made in order to keep his options open in case he needed to make changes to the bill in order to secure the votes of wavering senators. The four versions that he had introduced prior to Tuesday were S. 729, the original version of the measure, as well as S. 3827, S. 3962, and S. 3963. Each version made changes around the edges of the original version of the measure -- some big and some small. In the end, the Majority Leader chose to attempt to bring a fifth version, S. 3992, before the full Senate for its consideration.
|
|
Maneuvering on DREAM Act Begins in the Senate But Stalls in the House, Setting Up a Possible Key Vote in the Senate as Soon as Saturday but Throwing Doubt into When and How the House Will Act
By Micheal E. Hill
Wednesday, December 1, 2010 -- 2:00 am EST
--Updated on December 1, 2010 at 7:03 am EST--
Just days before the 2010 mid-term elections, Senate Majority Leader Harry Reid (D-NV) promised to bring the DREAM Act before the full Senate for a vote during the current "Lame Duck" post-election session. The Majority Leader has now made good on that promise. Senator Reid took the first steps toward bringing the DREAM Act before the Senate on Tuesday evening, November 30, in a move that sets up a key procedural vote on the measure that could occur as soon as Friday, December 3, or early next week. But even while Senator Reid was maneuvering to bring the DREAM Act up for a vote in the Senate, the House Democratic Leadership was signaling its retreat from a parliamentary manuever that it had floated as a way of bringing the measure up for a vote in the U.S. House of Representatives.
The Senate. With mutliple versions of the DREAM Act to choose from, the Majority Leader chose to advance a new bill, S. 3992, a measure that was only introduced on Tuesday, November 30. The text of the new measure was not widely available at the time of this writing. However, it is believed that, like the original version of the DREAM Act, it would authorize the Secretary of Homeland Security to cancel the removal of, and adjust to conditional permanent resident status, an alien who: (1) entered the United States before his or her 16th birthday and has been present in the United States for at least five years immediately preceding enactment of the Act; (2) is a person of good moral character; (3) is not inadmissible or deportable under specified grounds of the Immigration and Nationality Act; and (4) at the time of application, has been admitted to an institution of higher education or has earned a high school or equivalent diploma. It is believed that the measure, further, would provide for lifting the conditional residency status of students and adjusting them to permanent residency.
The text of the bill will not become available unil later today. Accordingly, a big unanswered question at the time of this writing is whether S. 3992 contains two provisions that were included in the original version of the DREAM Act but have been left out of subsequent versions. The first of these is a provision that would amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to repeal the provision in that law that effectively prohibit states from providing in-state tuition for undocumented aliens unless the state provides in-state tuition to all citizens and nationals of the United States. The second of these is the question of what the bill's cut-off age is for DREAM Act beneficairies. The original version of the DREAM Act would have permitted persons who were up to age 35 to benefit from the bill. Subsequent versions of the bill reduced that cutoff age to 30 years-of-age.
Of course, it is possible that other significant changes have been made to the DREAM Act, as well, in this most recent version.
The impending Senate floor action on the DREAM Act was triggered when Majority Leader Reid arranged for the introduction of the new bill (S. 3992) and moved to have the bill "read" for the first time. It is likely that he will move to have the bill read a second time on Wednesday, December 1, file a motion to proceed to the consideration of the bill on Thursday, December 2, and then move to invoke cloture (shut down debate) on that motion. Under Senate rules, it takes two days for a cloture motion to "ripen" once it has been filed. Once it has ripened, a vote on cloture can occur. Thus, the earliest that a test vote on the DREAM Act can occur in the Senate is Saturday, December 4.
Senate rules require the affirmative votes of 60 senators in order to invoke cloture (shut down debate) on a measure. Accordingly, Majority Leader Reid will need to convince 60 senators to vote in favor of invoking cloture in order to bring S. 3992 before the Senate.
Should the Senate eventually vote to invoke cloture on the motion to proceed to consideration of the DREAM Act, an amendment process will be triggered, wherein senators will be free to offer amendments to make changes in the bill. Senate DREAM Act opponents have indicated they intend to offer a host of potentially crippling amendments to the measure if the process gets that far. In all likelihood, if cloture is invoked, Majority Leader Reid will attempt to negotiate a defined list of amendments that could be offered to the bill. Any such agreement would require the unanimous consent of the Senate, however. If no such agreement is reached, under cloture, the Senate would have up to 100 hours to debate the measure before a final vote occurred on the bill, as amended, if amended.
Should the Senate fail to invoke cloture on its first attempt, Senator Reid will have the option of trying at some later time to invoke cloture on the motion to proceed to consideration of the bill.
Securing 60 votes to invoke cloture on the motion to proceed to the consideration of the DREAM Act will be a daunting task, given that several of the 58 sitting Democratic senators are expected to vote against doing so. In any imaginable scenario, Majority Leader Reid will have to win the votes of at least a half-dozen Republicans in order to invoke cloture on the measure. At the time of this writing, Senators Richard Lugar (R-IN) and Robert Bennett (R-UT) were the only Republicans who shad indicated support for it.
Prior to Tuesday, November 30, Senator Richard Durbin (D-IL) had introduced four versions of the DREAM Act during the 111th Congress, a move that was made in order to keep his options open in case he needed to make changes to the bill in order to secure the votes of wavering senators. The four versions that he had introduced prior to Tuesday were S. 729, the original version of the measure, as well as S. 3827, S. 3962, and S. 3963. Each version made changes around the edges of the original version of the measure -- some big and some small. In the end, the Majority Leader chose to attempt to bring a fifth version, S. 3992, before the full Senate for its consideration.
Check back in this space later today for an update and a link to the text of S. 3992, which will be posted as soon as it becomes avaiable.
The House. Even while Senate Majority Leader Reid was maneuvering to set up a vote on the DREAM Act in the Senate, the House Demcratic Leadership signaled a procedural retreat in the House when it decided against employing a parliamentary maneuver for moving the DREAM Act that it previously had floated.
Late last month, the House Democratic Leadership floated the idea of the House taking up the Senate Amendments to H.R. 5283, the Help Haitian Adoptees Immediately to Integrate Act of 2010 or the HAITI Act, and then offering the DREAM Act as an amendment to that Senate-approved legislative package. One of the advantages of that procedure is that it would have enabled the House Democratic Leadership to bring the measure to the House floor under a set of parliamentary procedures that would bar any amendments from being offered to it. Another advantage -- and perhpas the most important advantage -- is that it would have barred Republicans from offering a motion to recommit the measure to a House Committee. Republicans have made skilfull use of the Motion to Recommit (MTR) parliamentary device over the last four years to embarrass the House Democratic Leadership and effectively block the passage of bills that otherwise might have won the support of a majority of the House.
Late on Tuesday, November 30, the House Democratic Leadership abandoned that plan, opting to bring the Senate Amendments to H.R. 5283 to the House floor using a procedure that will prevent it from being amended.
At the time of this writing, the House Democratic Leadership had not indicated whether it has come up with an alternative way of getting the DREAM Act before the House for a vote.
|
|
| New in December! |
| MicEvHill.Com has posted video excerpts of the immigration-related comments made by President Obama at his December 22, 2010, year-ending press conference. -- Click Here to See Video of the Immigration-Related Comments Made by the President at His December 22, 2010, Presss Conference |
MicEvHill.Com has added a number of important documents to its "Top Immigration and Refugee Legislative Documents" page, over the last week, including transcripts of recent Presidential press conferences and White House Daily briefings in which the subject of immigration was discussed; the text and a summary of the fiscal year 2011 continuing appropriations resolution; and numerous documents and statements relating to the Senate's consideration of the DREAM Act. -- Click Here to See the Most Recently Added "Top Immigration and Refugee Legislative Documents" |
MicEvHill.Com has posted video excerpts from the December 20, 2010, White House Daily Briefing, during which White House Press Secretary Robert Gibbs fielded questions from the White House Press Corps. -- Click Here to See the Immigration Exceprts from the December 20, 2010, White House Daily Briefing |
MicEvHill.Com has posted the unofficial text of the Senate's version of the short-term Fiscal Year 2011 continuing appropriations bill, along with a summary of the measure that was prepared by the Senate Committee on Appropriations. -- Click Here to See the Bill Language from the unofficial draft of the Continuing Appropriations Bill, and Click Here to See the Bill Summary |
MicEvHill.Com has posted a detailed listing of the likely congressional immigration- and refugee-related legislative activity for the week of December 20, 2010. -- Click Here to See the December 20, 2010, Edition of "This Week on the Hill" |
MicEvHill.Com has posted video excerpts of the immigration-related comments made by guests on the December 19, 2010, Sunday public affairs programs. -- Click Here to See Video of the Immigration-Related Comments Made on the December 19, 2010, Sunday Public Affairs Programs |
MicEvHill.Com has posted a wrapup of the Saturday, December 18, 2010, vote by which the Senate failed to invoke cloture on the DREAM Act, including quotes from key players, a link to statements of key players, a link to the vote by which the Senate failed to invoke cloture, and video of Senate Democrats' post action press conference. -- Click Here to See the Analysis of Saturday's Senate Action on the DREAM Act Action |
MicEvHill.Com has posted a preview of the Saturday, December 18, 2010, Senate cloture vote in relation to the DREAM Act, as well as video of the December 16, 2010, floor action setting up the vote. -- Click Here to See the Analysis and Video of the DREAM Act Action |
MicEvHill.Com has posted an analysis of the potential impact on immigration and refugee spending and policy of the December 16, 2010, decision by Senate Majority Leader Harry Reid to abandon a pending fiscal year 2011 omnibus appropriations bill and to, instead, bring a short-term fiscal year 2011 continuing appropriaions resolution before the Senate. MicEHill.Com also has posted a link to video of Majority Leader Reid's announcement and the resulting Senate floor colloquy. -- Click Here to See the Analysis of the Fiscal Year 2011 Continuing Appropriations Decision, including Video of the Senate Floor Colloquy |
MicEvHill.Com has posted a link to the text of Secretary of State Clinton's First Quadrennial Diplomacy and Development Review, which contains numerous proposals for restructuring the bureaucracy of the Department of State, including proposed changes relating to State Department oversight over refugee operations. -- Click Here to See the Report |
MicEvHill.Com has posted an analysis of some of the key immigration- and refugee-related provisions in the Senate's Draft Fiscal Year 2011 Omnibus Consolidated Appropriations Bill, including links to both the omnibus bill and excerpts of the immigration- and refugee-related divisions of the measure. -- Click Here to See the Analysis of the Senate's Fiscal Year 2011 Omnibus Consolidated Appropriations Bill |
MicEvHill.Com has posted an excerpt of and a summary of the Homeland Security portion of the unofficial text of the Senate's since-abandoned Fiscal Year 2011 Consolidated Appropriations Act. -- Click Here to See the Excerpt of the language from the unofficial draft, and Click Here to See the Summary |
MicEvHill.Com has posted a summary of the State, Foreign Operations, and Related Programs portion of the unofficial text of the Senate's since-abandoned Fiscal Year 2011 Consolidated Appropriations Act. -- Click Here to See the Excerpt of the language from the unofficial draft, and Click Here to See the Summary |
MicEvHill.Com has posted a summary of the Labor, Health and Human Services, Education, and Related Agencies portion of the unofficial text of the Senate's since-abandoned Fiscal Year 2011 Consolidated Appropriations Act. -- Click Here to See the Excerpt of the language from the unofficial draft, and Click Here to See the Summary |
MicEvHill.Com has posted a summary of the Commerce, Justice, Science, and Related Agencies portion of the unofficial text of the Senate's since-abandoned Fiscal Year 2011 Consolidated Appropriations Act. -- Click Here to See the Excerpt of the language from the unofficial draft and Click Here to See the Summary |
MicEvHill.Com has posted the unofficial text of the Senate's Fiscal Year 2011 Consolidated Appropriations Act. -- Click Here to See the Unofficial Text of the Senate's Fiscal Year 2011 Consolidated Appropriations Act |
MicEvHill.Com has posted video excerpts of the immigration-related comments made by guests on the December 12, 2010, Sunday public affairs programs. -- Click Here to See Video of the Immigration-Related Comments Made on the December 12, 2010, Sunday Public Affairs Programs |
MicEvHill.Com has posted the official text of the House-passed version of H.R. 5281, the DREAM Act. -- Click Here to See the Official Text of the House-Passed Version of the DREAM Act |
MicEvHill.Com has posted the official text of the House-passed version H.R. 3082, the Fiscal Year 2011 Full-Year Continuing Appropriations Act. -- Click Here to See the Official Text of the House-Passed Version the Full-Year Fiscal Year 2011 Continuing Appropriations Act |
MicEvHill.Com has posted the text of the House Amendments to the Senate Amendments to H.R. 5281, the legislative vehicle by which the House considered the DREAM Act on Wednesday, December 8, 2010. -- Click Here to See the Text of House Amendment to the Senate Amendments to H.R. 5281 |
MicEvHill.Com has posted the text of H.R. 6497, the version of the DREAM Act. that was introduced in the House of Representatives by Represetatives Howard L. Berman (D-CA) and Lincoln Diaz-Balart (R-FL) on Tuesday, December 7, 2010, and is believed to reflect the text of the measure that the House of Representatives will take up on Wednesday, December 8, 2010. -- Click Here to See the Text of H.R. 6497, the House Version of the DREAM Act |
MicEvHill.Com has posted the text of the long-term fiscal year 2011 continuning appropriations measure that the House of Representatives is scheduled to takeup on Wednesday, December 8, 2010. -- Click Here to See the House Rules Committee-Released Text of the Measure |
MicEvHill.Com has posted video excerpts of the immigration-related comments made by guests on the December 5, 2010, Sunday public affairs programs. -- Click Here to See Video of the Immigration-Related Comments Made on the December 5, 2010, Sunday Public Affairs Programs |
MicEvHill.Com has posted a brief summary of the likely congressional immigration- and refugee-related legislative activity on tap for this week, the week of December 6, 2010. -- Click Here to See a Brief Summary the Likely Immigration and Refugee Legislative Agenda for the Week of December 6, 2010 |
MicEvHill.Com has posted a detailed listing of the likely congressional immigration- and refugee-related legislative activity on tap for this week, the week of December 6, 2010. -- Click Here to See the Monday, December 6, 2010, edition of "This Week on the Hill" |
MicEvHill.Com has posted the official text of S. 3992, the just-introduced new version of the DREAM Act. The official text of the measure was released by the Government Printing Office late on Thursday, December 2, 2010. -- Click Here to See the Official Text of S. 3992, the DREAM Act |
|
MicEvHill.Com has added a number of important documents to its "Top Immigration and Refugee Legislative Documents" page, including the official text of the latest version of the DREAM Act; a summary of the latest version of the DREAM Act that was prepared by Senator Richard Durbin (D-IL), the bill's author; the December 2, 2010, CBO Estimate of the costs of the DREAM Act; and "Dear Colleague" Letters from Senator Jeff Sessions and Representative Lamar Smith expressing their opposition to the DREAM Act. -- Click Here to See the Most Recently Added "Top Immigration and Refugee Legislative Documents"
|
MicEvHill.Com has posted a summary and video of the December 1, 2010, House floor debate on the Senate Amendments to H.R. 5283, the Help Haitian Adoptees Immediately to Integrate Act of 2010. -- Click Here to See the Summary and Video of the House Floor Debate on H.R. 5283 |
MicEvHill.Com has posted a summary and video of the December 1, 2010, House floor debate on S. 1338, a measure to require the accreditation of English language instruction programs attended by nonimmigrant students. -- Click Here to See the Summary and Video of the House Floor Debate on S. 1338
|
|
MicEvHill.Com has added a number of important documents to its "Top Immigration and Refugee Legislative Documents" page, including the text of H.R. 1751 and H.R. 6327, two different versions of the DREAM Act; the text of S. 1338, a bill requiring nonimmigrant students who come to the U.S. to study English to do so in accredited English instruction programs; the text of a release by Senate Judiciary Committee Ranking Republican Jeff Sessions that lists ten criticisms of the DREAM Act; a DHS Office of Inspector General report on management challenges facing the Department of Homeland Security; the text of the Senate Amendments to H.R. 5283, the Help Haitian Adoptees Immediately to Integrate Act of 2010 or the HAITI Act; and much more. -- Click Here to See the Most Recently Added "Top Immigration and Refugee Legislative Documents"
|
|
|
|
|