Recent Immigration- and Refugee-Related Actions on Capitol Hill
Last Updated on Thursday, December 10, 2009 at 9:55 am EST
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Tuesday, December 8, 2009
9:30 pm EST Fiscal Year 2010 Appropriations for Refugee Admissions, Overseas Refugee Assistance, Refugee Resettlement, and Unaccompanied Alien Children. On Tuesday, December 8, 2009, House and Senate negotiators agreed to combine three immigration- and refugee-related appropriations bills with three other annual appropriations bills to make a consolidated fiscal year 2010 appropriations measure.
From a refugee and immigration perspective, the fiscal year 2010 consolidated appropriations measure contains compromise versions of the State, Foreign Operations, and Related Agencies Appropriations Bill, which funds the nation's refugee admissions and overseas refugee assistance programs; the Labor, Health and Human Services, Education, and Related Agencies Appropriations Bill, which funds the nation's refugee resettlement programs; and the Commerce, Justice, Science, and Related Agencies Appropraitions Bill, which funds the nation's immigration court system, Executive Office for Immigration Review (EOIR), the State Criminal Alien Assistance Program (SCAAP), and alternatives to detention programs for immigration detainees.
The vehicle that they House and Senate negotiators chose to carry the consolidated appropriations bill is the conference report accompanying H.R. 3288, a meaure that originated as the Fiscal Year 2010 Transportation, Housing and Urban Development Appropriations Bill.
With regard to fiscal year 2010 funding levels in the measure for refugee admissions and overseas refugee assistance, the conference agreement on the consolidated appropriations bill would appropriate $1.685 BILLION for the Department of State's Migration and Refugee Assistance (MRA) account. This compares to $1.671 BILLION in MRA funding that was appropriated in fiscal year 2009 (including $740 MILLION that was appropriated in two emergency supplemental appropriations bills). It is $204.556 MILLION above the level that was contained in the House-passed version of the State, Foreign Operations Appropriations Bill and $7.2 MILLION above the level contained in the version of the bill that was approved by the Senate Committee on Appropriations.
With regard to fiscal year 2010 funding levels in the measure for Refugee and Entrant assistance, which is administered by the Department of Health and Human Services Office of Refugee Resettlement (ORR), the conference agreement on the consolidated appropriations bill would actually cut spending relative to fiscal year 2009. The measure would appropriate $730.928 MILLION for ORR's activities in fiscal year 2010. This compares to $833.4 MILLION that was appropriated for ORR in fiscal year 2009 (including an emergency supplemental appropriation of $82 MILLION in fiscal year 2009). The $730.928 MILLION fiscal year 2010 ORR appropriation compares to $714.968 MILLION that was contained in the House-passed version of the Fiscal Year 2010 Labor, Health and Human Services, and Education Appropriations bill and $730.657 MILLION that was contained in the Senate Committee on Appropriations. Of the total amount of fiscal year 2010 ORR funding that the negotiators agreed to, approximately $560.675 MILLION would be for refugee, asylee, and special immigrant resettlement services, $149.381 MILLION would be to care for unaccompanied alien children, $11.068 MILLION would be to assist torture victims who reside in the United States, and $$9.814 MILLION would be to asssit victims of trafficking who reside in the United States.
With regard to fiscal year 2010 funding for the immigration-related functions of the Department of Justice, the consolidated appropriations bill would significantly increase funding for the Executive Office for Immigration Review (EOIR). Within the appropriation for EOIR, the measure would appropriate $6 MILLION for the continuation and expansion of legal orientation programs for immigration detainees. Of this amount, the bill would set aside $2 MILLION "for programs aimed at the custodians of unaccompanied alien children in order to address the custodian's responsibility for the child's appearance at all immigration proceedings and to protect the child from mistreatment, exploitation and trafficking." The measure also would set aside $24.253 MILLION for personnel and infrastructure investments at EOIR to enable it to more efficiently process an increasing immigration adjudication caseload.
In addition to funds for EOIR, the Department of Justice portion of the conference agreement on the consolidated appropriations bill would appropriate $330 MILLION for the State Criminal Alien Assistance Program (SCAAP), a function that the Obama Administration recommended be defunded. It also would appropriate $31 MILLION for Southwest border prosecutions.
Click Here to see selected immigration- and refugee-related excerpts from the conference report
Click Here to see the text of the conference report on the State, Foreign Operations Division of the measure Click Here to see the text of the conference report on the Labor, HHS, Education Division of the measure Click Here to see the text of the conference report on the Commerce, Justice, Science Division of the measure
Monday, November 30, 2009
9:15 pm EST Health Care Reform Bill. On Monday, November 30, 2009, the Senate began considering amendments to H.R. 3590, legislation that has been designated as the vehicle by which the Senate is to consider health care reform legislation. At evening's end, two amendments or motions had been offered and were pending before the Senate:
MIKULSKI AMENDMENT (S.Amdt. 2791) to eliminate co-payments and other cost-sharing measures for many preventive health care services for women.
McCAIN MOTION to commit the health care reform bill to the Senate Committee on Finance with instructions that it eliminate almost $500 billion in cuts over a decade to Medicare providers that are used to fund part of the Senate bill.
No vote has been scheduled on either proposition.
During the Senate's proceedings on Monday, November 30, Senate Majority Leader Harry Reid propounded several unanimous consent procedural requests that Republicans objected to. The first was that all amendments to the bill be posted on the internet prior to debate on them. The second was that the Senate bar amendments to the bill tht would reduce the bill’s estimated surpluses, which are designated for Social Security and a program the bill would create to care for people with disabilities, known as the CLASS Act.
Click Hereto see the text of the Mikulski Amendment Click Here to see the text of the McCain Motion to Commit
Saturday, November 21, 2009
9:00 pm EST Human Rights Enforcement Act.On Saturday, November 21, 2009, the Senate passed S. 1472, the Human Rights Enforcement Act of 2009. As passed by the Senate, S. 1472 would direct the Attorney General of the United States to --
establish a section to enforce human rights laws within the Criminal Division of the Department of Justice (DOJ) which is authorized to identify individuals suspected of serious human rights offenses and to prosecute, denaturalize, or extradite such individuals; and
as appropriate, consult with the Secretary of Homeland Security and the Secretary of State in making determinations regarding the prosecution, removal, denaturalization, extradition, or exclusion of naturalized citizens or aliens who are suspected of committing serious human rights offenses.
The measure would define "serious human rights offenses" to include genocide, torture, war crimes, Nazi persecution, or the use or recruitment of child soldiers. The measure, further, would amend the federal criminal code and the Immigration and Nationality Act to revise legal requirements relating to the crime of genocide.
The Senate passed S. 1472 by unanimous consent.
8:15 pm EST Health Care Reform Bill. On Saturday, November 21, 2009, the Senate invoked cloture on a motion to proceed to consideration of H.R. 3590, legislation that has been designated as the vehicle by which the Senate is to consider health care reform legislation. The Senate invoked cloture on the motion to proceed to consideration of the measure by a vote of 60-39. The Senate went on to agree to the motion to proceed.
The health care reform bill that the Senate agreed to take up contains a number of provisions relating to immigrants' access to health insurance. Its immigration-related provisions are substantially similar to those that were contained in the Senate Finance Committee's health care reform bill. However, there are some changes around the edges.
As was the case with the Senate Finance Committee bill, the bill that the Senate has agreed to consider would exempt persons who are not lawfully present in the United States from the measure's general mandate that virtually everyone living lawfully in the United be covered by a qualified health insurance plan or face tax penalties for failure to comply. The new measure also mirrors the Finance Committee bill's provision that would make legal immigrants eligible for health care affordability tax credits without regard to a waiting period. And although there is a slight change in the phraseology, the new bill generally would bar aliens who are not lawfully present in the United States from using their own funds to purchase health insurance products that are listed on the Health Insurance Exchange that the bill would create. The new bill would establish a new citizenship and immigration status verification regime that would exist in order to ensure that persons who are not lawfully present in the United States do not receive health insurance products and benefits from which they are barred. It would rely on the recently enacted Children's Health Insurance Program reauthorization bill's mechanism for verification. It would subject everyone who purchases health insurance through the exchange, benefits from an exchange plan, or receives an affordability tax credit, to a citizenship and immigration status verification using the new regime. Click Hereto see a summary of the vote by which the Senate invoked cloture on the motion to proceed to H.R. 3590.
Wednesday, November 18, 2009
9:30 am EST Oversight Hearing on the Operations of the Department of Justice. On Wednesday, November 18, 2009, the Senate Committee on the Judiciary has held an oversight hearing on the operations of the Department of Justice, at which Attorney General Eric Holder, Jr. testified. Despite the fact that the Department of Justice has jurisdiction over the federal immigration court system, Executive Office for Immigration Review (EOIR), and conducts background checks on persons applying for admission to the United States, few immigration questions were asked. Most of the questioning centered on the Attorney General's recently announced decision to bring several terrorist suspects into the United States for trial in Article III courts.
Saturday, November 9, 2009
11:15 pm EST House Passes Landmark Health Care Reform Bill That Expands Health Insurance Options for Immigrants. On Saturday, November 7, 2009, the U.S. House of Representatives passed H.R. 3962, the "Affordable Health Care for America Act". The measure would require every person in the United States to purchase health insurance, establish a new entitlement to federal health care affordability subsidies for lower income individuals and families, and enact significant new consumer reforms to protect the rights and benefits of the insured. The House passed the measure late in the evening on Saturday, November 7, 2009, by a vote of 220-215.
For the most part, the House-passed health care reform bill would provide legal immigrants with the same access to its benefits that U.S. citizens would enjoy, while barring federal health care affordability subsidies to persons who are not lawfully present in the United States. Unlike the health care reform bill that has been reported by the Senate Committee on Finance, the House-passed measure defies the wishes of President Barack Obama by permitting illegal immigrants to purchase health insurance products with their own funds.
The House took up H.R. 3962 early on Saturday, November 7, debating the measure until about 11:15 pm EST, at which point it voted on final passage of the measure.
During the course of the evening of November 7, the House cast the following votes in connection with the measure:
Stupak/Pitts Abortion Amendment.The House passed the Stupak/Pitts amendment, which would bar federal funding for abortion in relation to federally-run or federally-subsidized health insurance, by a vote of 240-194.
Click Hereto see the text of the Stupak Amendment to H.R. 3962. Click Hereto see a summary of the vote by which the House adopted the Stupak Amendment.
Republican Substitute Amendment.The House rejected the Boehner Republican Substitute to H.R. 3962 by a vote of 176-258.
Click Hereto see the text of the Republican Substitute Amendment to H.R. 3962. Click Hereto see a summary of the vote by which the House rejected the Boehner Substitute Amendment.
Republican Motion to Recommit.The House rejected the Republican Motion to Recommit H.R. 3962 by a vote of 176-258.
Click Hereto see the text of the Republican Motion to Recommit H.R. 3962. Click Hereto see a summary of the vote by which the House rejected the Republican Motion to Recommit.
House Passage of Health Care Reform Bill.The House passed 3962 by a vote of 220-215. Click Hereto see a summary of the vote by which the House passed H.R. 3962.
Thursday, November 5, 2009
6:45 pm EST Senate Passes Fiscal Year 2010 Appropriations Bill for the Immigration Court System, Alternatives to Detention, and State Criminal Alien Reimbursement. On Thursday, November 5, 2009, the Senate passed the Senate Appropriations Committee-reported version of H.R. 2847, the Fiscal Year 2010 Commerce, Justice, Science, and Related Appropriations Act (C-J-S Appropriations Bill), doing so by a vote of 71-28. H.R. 2847 funds the nation's immigration court system and federal reimbursements to states for the costs they bear in incarcerating criinal aliens. The Senate-passed version of the measure would significantly increase funding for the Executive Office for Immigration Review (EOIR) and maintain funding for the State Criminal Alien Assistance Program (SCAAP), a program that the Obama Administration sought to terminate.
Click Here to see the vote by which the Senate passed H.R. 2847
6:27 pm EST Senate Rejects Ensign Amendment to Increase Fundiing for the State Criminal Alien Assistance Program. On Thursday, November 5, 2009, the Senate failed to waive the Congressional Budget Act so it could take up the Ensign amendment to the Senate Appropriations Committee-reported version of H.R. 2847, the Fiscal Year 2010 Commerce, Justice, Science, and Related Appropriations Act (C-J-S Appropriations Bill). The Ensign amendment would have increased the appropriation for the State Criminal Alien Assistance Program (SCAAP) by $172 MILLION. The motion to waive the budget act with espect to the Ensign amendment failed by a vote of 32-67.
Click Here to see the vote by which the Senate failed to waive the budget act with respect to the Ensign amendment.
12:45 pm EST
Senate Votes to Block the Vitter/Bennett Census and Immigration Status Amendment from Being Considered. On Thursday, November 5, 2009, the Senate voted to invoke cloture on the Senate Appropriations Committee-reported version of H.R. 2847, the Fiscal Year 2010 Commerce, Justice, Science, and Related Appropriations Act (C-J-S Appropriations Bill), doing so by a vote of 60-39. The Senate action effectively blocked Senators David Vitter (R-LA) and Robert Bennett (R-UT) from obtaining a vote on their proposal to deny representation in the U.S. House of Representatives to noncitizens who are living in the United States. The move also makes it possible for the Senate to complete its consideration of the measure.
Click Here to see the vote by which the Senate invoked cloture on H.R. 2847
11:45 pm EST Senate Judiciary Committee Approves Human Rights Bill That Seeks to Make it Easier to Denaturalize and Deport Human Rights Violators Living in the United States. On Thursday, November 5, 2009, the Senate Committee on the Judiciaryapproved S. 1472, the Human Rights Enforcement Act of 2009, which seeks to make it easier to denaturalize and/or deport persons in the United States who have committed human rights violations. The Committee approved the measure by a voice vote after first approving a technical amendment to the bill.
Thursday, October 29, 2009
6:25 pm EDT Senate Clears Short-Term Extension of Funding for Refugee Programs.On Thursday, October 29, 2009, the full Senate agreed to a measure that served as the vehicle for enacting a short-term extension of fiscal year 2010 funding for the nation's refugee admissions, overseas refugee assistance, and refugee resettlement programs. The measure that the Senate agreed to also extends funding for all of the other federal programs and agencies that have not yet had their regular fiscal year 2010 appropriations bills enacted into law.
Today's Senate action occurred in connection with the conference report accompanying H.R. 2996, the Fiscal Year 2010 Department of the Interior, Environment, and Related Agencies Appropriations Act. Division B of that measure is comprised of the second fiscal year 2010 continuing appropriations resolution, which would continue funding for affected agencies, programs, and activities through December 18, 2009.
The Senate adopted the conference report accompanying H.R. 2996 by a vote of 72-28. The Senate action clears the measure fro the President's consideration.
Click Here to see the unofficial text of the conference report accompanying H.R. 2996
Click Here to see a summary of the vote by which the Senate adopted the conference report accompanying H.R. 2996
1:45 pm EDT House Agrees to Conference Report on Vehicle for Short-Term Extension of Funding for Refugee Programs.On Thursday, October 29, 2009, the full House of Representatives agreed to a measure that has become the vehicle for enacting a short-term extension of fiscal year 2010 funding for the nation's refugee admissions, overseas refugee assistance, and refugee resettlement programs. The measure that the House agreed to also would extend funding for all of the other federal programs and agencies that have not yet had their regular fiscal year 2010 appropriations bills enacted into law.
Today's House action occurred in connection with the conference report accompanying H.R. 2996, the Fiscal Year 2010 Department of the Interior, Environment, and Related Agencies Appropriations Act. Division B of that measure is comprised of the second fiscal year 2010 continuing appropriations resolution, which would continue funding for affected agencies, programs, and activities through December 18, 2009.
The House adopted the conference report accompanying H.R. 2996 by a vote of 247-148.
Click Here to see the unofficial text of the conference report accompanying H.R. 2996
Click Here to see a summary of the vote by which the Senate adopted the conference report accompanying H.R. 2996
Friday, October 23, 2009
11:45 am EDT House Passes Measure Containing Changes to the Nation's Alien Smuggling Laws. On Friday, October 23, 2009, the House of Representatives passed a bill that contains a set of provisions that would make significant and controversial changes to the nation's alien smuggling laws, including increases in penalties for such actions. House action occurred in connection with H.R. 3619, the Coast Guard Authorization Act of 2010. Title XII of the measure is comprised of the text of aH.R. 1029, the Alien Smuggling and Terrorism Prevention Act, which the House of Representatives passed on March 31, 2009, by a voice vote.
The House passed H.R. 3619 by a vote of 385-11.
During consideration of H.R. 3619, the House adopted the following immigration-related amendments:
HAITIAN IMMIGRATION POLICY.House Transportation and Infrastruture Committee Chairman Jim Oberstar (D-MN) offered an amendment on behalf of Representative Alcee Hastings (D-FL) that would require the Department of Commerce to conduct a study and submit a report to Congress within 180 days after the date of the enactment of the bill examining the Coast Guard's current ability to respond to any possible short-and long-term effects resulting from changes in United States immigration policy toward Haiti. The study and report would be required to examine several likely scenarios and draw upon past experiences with changes to immigration policy with regards to Haiti.
The House agreed to the Oberstar amendment by a voice vote on Thursday, October 22, 2009
Click Here to see the text of the Oberstar/Hastings amendment
COAST GUARD MISSION RELATING TO ILLEGAL IMMIGRATION AND ALIEN SMUGGLING.Representative Glenn Nye (D-VA) offered an amendment that sought to ensure that provisions in the bill relating to safety do not negatively impact the Coast Guard's mission to prevent maritime illegal immigration and alien smuggling.
The House agreed to the Nye amendment by a voice vote on Friday, October 23, 2009
Click Hereto see a copy of H. Rept. 111-303, Part 1, the report accompanying H.R. 3619
Click Here to see the roll call vote by which the House passed H.R. 3619.
Click Here to read more about the alien smuggling provisions in H.R. 3619 ...
Thursday, October 22, 2009
6:00 pm EDT House Begins But Does Not Complete Consideration of Coast Guard Bill Continaing a Re-Write of Alien Smuggling Laws.On Thursday, October 22, 2009, the full House of Representatives began but did not complete consideration of a bill that is the vehicle for a set of provisions that would make significant and controversial changes to the nation's alien smuggling laws. Thursday's House action occurred in connection with H.R. 3619, the Coast Guard Authorization Act of 2010. As reported to the full House of Representatives by the House Committee on Transportation and Infrastructure, Title XII of the measure is comprised of the text of aH.R. 1029, the Alien Smuggling and Terrorism Prevention Act, which the House of Representatives passed on March 31, 2009, by a voice vote.
The House will resume consideration of the measure on Friday, October 23, 2009.
When the House resumes consideration of H.R. 3619, in addition to considering the alien smuggling provisions found in Title XII of the bill, the full House will take up two amendments to the measure that have immigration implications: an amendment by Representative Alcee Hastings (D-FL) relating to U.S. immigration policy toward Haiti and an amendment by Representative a Glenn C. Nye (D-VA) aimed at ensuring that provisions in the bill relating to safety do not negatively impact the Coast Guard's mission to prevent maritime illegal immigration and alien smuggling.
Click Hereto see a copy of H. Rept. 111-303, Part 1, the report accompanying H.R. 3619
Click Here to see the text of the Hastings and Nye amendments
2:00 pm EDT House Financial Services Committee Rejects English-Only Amendment to Consumer Financial Protection Bill.On Thursday, October 22, 2009, the House Committee on Financial Services rejected an English-only amendment to a bill establishing a new Consumer Financial Protection Agency. Committee action occurred in connection with an amendment offered by Representative Chris Lee (R-NY) to H.R. 3126, the Consumer Financial Protection Agency Act of 2009. The Committee rejected the amendment by a vote of 29-40. It went on to approve the bill by a vote of 39-29, ordering that it be reported to the full House of Representatives..
The Lee amendment would have prohibit the new Consumer Financial Protection Agency that the bill would establish from requiring any person to make disclosures available in any language other than English.
Click Here to see the text of the Lee Amendment to H.R. 3126
Wednesday, October 21, 2009
1:00 pm EDT House Judiciary Committee Approves Two Immigration and Refugee Measures.On Wednesday, October 21, 2009, the House Committee on the Judiciary approved two immigration- and refugee-related bills that had been approved prior to the August recess by the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law.
The two bills that the Committee approved are H.R. 42, the "Commission on Wartime Relocation and Internment of Latin Americans of Japanese Descent Act; andH.R. 1425, the "Wartime Treatment Study Act". The Committee approved both bills on recorded votes after rejecting amendments offered by House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law Ranking Republican Steve King (R-IA).
The following summarizes Committee action on the two measures--
H.R. 42, the "Commission on Wartime Relocation and Internment of Latin Americans of Japanese Descent Act.
The House Committee on the Judiciary approved H.R. 42 on Wednesday, October 21, 2009, by a vote of 22-10. As approved by the Committee, the measure would establish a Commission on Wartime Relocation and Internment of Latin Americans of Japanese descent, which would be directed to extend the study of the Commission on Wartime Relocation and Internment of Civilians to investigate U.S. relocation, internment and deportation to Axis countries of Latin Americans of Japanese descent held in U.S. custody from December 1941 through February 1948.
The House Committee on the Judiciary approved H.R. 1425 on Wednesday, October 21, 2009, by a vote of 19-7. As approved by the Committee, the measure would establish two commissions:
Commission on Wartime Treatment of European Americans. The Commission on Wartime Treatment of European Americans would be charged with reviewing U.S. government wartime treatment of European Americans and European Latin Americans.
Commission on Wartime Treatment of Jewish Refugees. he Commission on Wartime Treatment of Jewish Refugees would be charged with reviewing the U.S. government's refusal to allow entry into the United States of Jewish and other refugees fleeing persecution or genocide in Europe during World War II.
The Committee agreed to one amendment to the bill and rejected two amendments.
The Committee agreed by voice vote to an amendment offered by the bill's sponsor, Representative Robert Wexler (D-FL), that struck language in the bill rescinding $1.2 million in appropriations for the Department of Justice to fund the bill. The Wexler amendment also would clarify that the Jewish Refugee commission that the bill would create would be responsible for reviewing the U.S. government’s decision to deny U.S. entry to Jewish and other refugees fleeing persecution and genocide in Europe.
The Committee rejected two amendments that were offered by Subcommittee Ranking Republican King. The first amendment, which the Committee defeated by a vote of 10-17, would have barred the commission from recommending any monetary reparations as an “appropriate remedy.”The second amendment, which the Committee defeated by a voice vote, would have required that the commissions established by the bill only include members who are “distinguished scholars and academic historians” that would provide impartial expertise.
Tuesday, October 20, 2009
4:55 pm EDT Senate Clears Homeland Security Appropriations Bill Extending E-Verify, Extending Three Visa Programs, and Directly Appropriating Funds for Refugee and Asylum Adjudications, and Providing Immigration Relief for Widows and Orphans. On Tuesday, October 20, 2009, the Senate adopted the conference report accompanying the Fiscal Year 2010 Homeland Security Appropriations Act, clearing the measure for President Obama's expected signature. The Senate adopted the conference report by a vote of 79-19.
The conference agreement contains a three year-long extension of the controversial E-Verify Program, as well as three year-long extensions of the EB-5 Investor Visas Regional Centers Program, the Special Immigrant Non-Minister Religious Worker Visa Program, and the Conrad 30 State J-1 Visa Program. The conference report also directly appropriates about $50 MILLION for refugee and asylum adjudications and provides for the admission of widows and orphans of deceased United States citizens and permanent residents under some circumstances.
From an immigration perspective, the conference report is more controversial for what it does not contain. It rejected a number of controversial immigration enforcement policy provisions that the Senate adopted when the Senate considered the measure last Summer, including provisions on E-Verify, border fencing, and SSA No-Match letters.
Conferees reached agreement on settling the differences between the House-passed and Senate-passed versions of the fiscal year 2010 Homeland Security Appropriations Act on Wednesday, October 7, 2009, filing the conference report late in the evening on Tuesday, October 13, 2009. The House of Representatives adopted the conference report on Thursday, October 15, 2009. Should the Senate approve the measure this week, it will clear the bill for the President's expected signature.
Click Here to see the text of H. Rept. 111-298, the conference committee report accompanying H.R. 2892
Click Here to see a summary of H. Rept. 111-298 that was prepared by staff members of the House and Senate Appropriations Committees
Click Here to see a side-by-side comparison of key immigration-related provisions in the various versions of H.R. 2892
Click Here to see the House vote on the motion to recommit the bill Click Here to see the House vote on adopting the conference report Click Here to see the Senate vote on adopting the conference report
1:30 pm EDT House Approves Homeland Security Conference Agreement Extending E-Verify, Extending Three Visa Programs, and Directly Appropriating Funds for Refugee and Asylum Adjudications, and Providing Immigration Relief for Widows and Orphans.On Thursday, October 15, 2009, the House of Representatives agreed to a compromise version of the fiscal year 2010 bill that funds the nation's border enforcement, interior immigration enforcement, and immigration services functions. The key vote on the measure was on a Republican motion to send the bill back to a conference committee because it would permit Guantanamo detainees to be brought to the United States for trial. The House defeated that motion by a vote of 193-224. The House went on to approve the conference agreement by a vote of 307-114.
The House-approved conference report accompanying the $42.8 BILLION Fiscal Year 2010 Department of Homeland Security Appropriations Act contains a three year-long extension of the controversial E-Verify Program, as well as three year-long extensions of the EB-5 Investor Visas Regional Centers Program, the Special Immigrant Non-Minister Religious Worker Visa Program, and the Conrad 30 State J-1 Visa Program. The conference report also directly appropriations about $5 MILLION for refugee and asylum adjudications and provides for the admission of widows and orphans of deceased United States citizens under some circumstances.
From an immigration perspective, the conference report was more controversial for what it did not contain. It rejected a number of controversial immigration enforcement policy provisions that the Senate adopted when the Senate considered the measure last Summer, including E-Verify, border fencing, and SSA No-Match letters.
Conferees reached agreement on settling the differences between the House-passed and Senate-passed versions of the fiscal year 2010 Homeland Security Appropriations Act on Wednesday, October 7, 2009, filing the conference report late in the evening on Tuesday, October 13, 2009.
Click Here to see a summary of H. Rept. 111-298, the conference agreement that was prepared by staff members of the House and Senate Appropriations Committees
Click Here to see the text of H. Rept. 111-298, the conference committee report accompanying H.R. 2892
Click Here to see a summary of the House vote on the motion to recommit the bill
Click Here to see a summary of the House vote on agreeing to the conference reporto
6:00 pm EDT
House Rules Committee Approves a Rule Providing for House Consideration of Conference Report Accompanying Homeland Security Appropriations Bill. On Wednesday, October 14, 2009, the House Committee on Rules approved a proposed rule determining the procedure by which the full House of Representatives will take up H. Rept. 111-298, the conference report accompanying H.R. 2892, the Fiscal Year 2010 Homeland Security Appropriations Bill.
The proposed rule waives all points of order against the conference report for violating House rules, provides for an hour of debate, and precludes any amendments to the conference report.
The House is expected to take up the rule and confrence report on Thursday, October 15, 2009.
There were significant policy differences between the House-passed and Senate-passed versions of the measure. Negotiators settled those, and other differences on Tuesday, October 6, 2009. Negotiators filed the conference report on the measure on Tuesday, October 13, 2009. Click Hereto see a copy of the draft conference report accompanying H.R. 2892
10:15 am EDT House Judiciary Committee Postpones Markup Up Two Immigration Measures. The full House Committee on the Judiciary has postponed the markup up two immigration-related bills that had been scheduled for today. No new date and time for the markup had been announced as of the time of this writing.
The two bills that were on the markup calendar are:
H.R. 42, the "Commission on Wartime Relocation and Internment of Latin Americans of Japanese Descent Act; and
6:00 pm EDT
Funding for the Department of Justice's Executive Office for Immigration Review (EOIR), Alternatives to Detention, and State Criminal Alien Assistance Program (SCAAP). The Senate failed to invoke cloture on the Senate Appropriations Committee-reported version of H.R. 2847, the Fiscal Year 2010 Commerce, Justice, Science, and Related Appropriations Act (C-J-S Appropriations Bill). The Senate's failure to invoke cloture leaves the bill open to amendment, including open to several immigration-related amendments.
Among the immigration-related amendments that could be offered when the Senate continues its consideration of the measure are amendments to require the Census Bureau to ask all persons living in the United States about their immigration status.
The Senate failed to invoke cloture by a vote of 56-38, leaving Senate Majority Leader Reid three votes short of the 60 that he needed. Six senators did not vote, including three Democrats. And so Majority Leader Reid could ask for a re-vote at any time, when the three Democratic senators who were absent from the vote are present.
Should cloture be invoked on H.R. 2847, the only amendments that could be offered to the bill are amendments that were pre-filed and are germane to the bill. This requirement could result in several immigration-related amendments to H.R. 2847 being barred from the Senate floor. Click Here for more information...
3:00 pm EDT Senate Finance Committee Considering Approves Baucus Health Care Reform Bill Containing Immigrant Restrictions.The Senate Committee on Finance has approved the Baucus health care reform bill. The Committee approved the measure by a vote of 14-9. Senator Olympia Snowe (R-ME) was the only senator to cross party lines on the vote.
The Committee held seven days of markup over two weeks in September and October. During that time, the Committee considered nearly 200 amendments to the Baucus Chairman's Mark of the measure. The Committee paused its markup on Friday, October 2, 2009, to await an assessment by the Congressional Budget Office of whether the bill that the Committee has preliminarily approved is budget deficit-neutral.
3:00 pm EDT Hearing Examining Faith-Based Perspectives on Comprehensive Immigration Reform.The Senate Judiciary Subcommittee on Immigration, Refugees, and Border Security held a hearing on faith-based perspectives on comprehensive immigration reform. Testifying at the hearing were Leith Anderson, President, National Association of Evangelicals; Luis Cortes Jr., CEO, Esperanza USA, Philadelphia; Theodore E. McCarrick, Cardinal Archbishop Emeritus, Diocese of Washington; Michael Gerson, Senior Research Fellow, Institute for Global Engagement, Center on Faith and International Affairs; and James Tolle, Senior Pastor, The Church on the Way, Van Nuys, California.
12:15 pm EDT House Passes Measure Granting Honorary Citizenship to Polish Revolutionary War Figure.The House of Representatives passed H.J. Res. 26, a measure granting honorary posthumous citizenship to Casimir Pulaski, a Polish national who assisted the United States during the U.S. Revolutionary War. The House considered debated the measure on Wednesday, October 7, 2009, and voted on it on Thursday, October 8, 2009, approving it by a vote of 422-0.
The House took up H.J. Res. 26 under a procedure known as suspension of the rules. Under the procedure, proponents of the legislation must secure the affirmative votes of two-thirds of the Members who are present and voting in order for the House to pass the measure.
Click Here to see the vote by which the House passed H.J. Res. 26
Wednesday, October 7, 2009
6:20 pm EDT Senate Defeats Vitter Sanctuary Amendment to the C-J-S Appropriations Bill. The Senate on Wednesday, October 7, 2009, defeated an amendment to theSenate Appropriations Committee-reported version of H.R. 2847, the Fiscal Year 2010 Commerce, Justice, Science, and Related Agencies Appropriations Bill, that sought to bar Community Oriented Policing Services (COPS) funding to jurisdictions that have a "sanctuary" policy barring local law enforcement personnel from communicating with Department of Homeland Security enforcement personnel. The Senate defeated the amendment by tabling it, doing so by a vote of 61-38.
The following summaries the Senate action:
VITTER SANCTUARY AMENDMENT. Senator David Vitter (D-LA) offered Senate Amendment Number 2630 to the Senate Appropriations Committee-reported version of H.R. 2847, the Fiscal Year 2010 Commerce, Justice, Science, and Related Agencies Appropriations Bill. The amendment would have to barred Community Oriented Policing Services (COPS) funding to jurisdictions that have a "sanctuary" policy barring local law enforcement personnel from communicating with Department of Homeland Security enforcement personnel.
The Senate tabled (killed) the Vitter Sanctuary Amendment by a vote of 61-38.
Click Here to see the text of the Vitter Sanctuary Amendment
Click Here to see vote information on the vote by which the Senate rejected the Vitter Sanctuary Amendment
5:30 pm EDT Conferees Reject Controversial Immigration Enforcement Policy Provisions and Agree to Extend Other Immigration Programs in Fiscal Year 2010 Homeland Security Appropriations Bill. On Wednesday, October 7, 2009, House and Senate conferees reached agreement on how to resolve the differing provisions in the House-passedandSenate-passed versions of the fiscal year 2010 Homeland Security Appropriations bill, stripping from it almost all of the controversial immigration policy provisions that were included in the Senate-passed version of the bill. Conferees included a three year-long extension of the E-Verify Program in the measure, and they included three year extensions of three expiring immigration visa programs.
The text of the conference agreement was not available at the time of this writing. However, both sources close to the conferees and a summary of the conference agreement that was prepared by the House and Senate Appropriations committees indicate that the agreement strips out all of the immigration enforcement policy provisions that the Senate adopted during its consideration of the Homeland Security Appropriations Bill, while extending for three years three popular visa programs that are set to expire at the end of the month: the EB-5 Investor Visas Regional Center program, the Special Immigrant Non-Minister Religious Worker Visa program, and the Conrad 30 State J-1 Visa program. The conference agreement also extends the controversial E-Verify program for three years.
In addition to reaching agreement on the immigration enforcement and visa provisions that were in the Senate-passed version of the Homeland Security Appropriations bill, the conferees also agreed to restrict the immigation rights of Guantanamo detainees, providing that such individuals will be ineligible for any immigration benefits and may only be brought to the United States for the purposes of trying them in U.S. courts.
4:30 pm EDT House Judiciary Committee Starts but Does Not Complete Markup of Two Immigration Measures. On Wedesday, October 7, 2009, the full House Committee on the Judiciarybegan but did not complete the consideration of two immigration-related bills that were approved prior to the August recess by the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law.
The two bills that the Committee took up are:The Committee adjourned the markup without completing action after it lost its quorom.
H.R. 42, the "Commission on Wartime Relocation and Internment of Latin Americans of Japanese Descent Act; and
There was no immediate word at the time of this writing when the Committee will resume the markup.
2:35 pm EDT House Debates Bill Granting Honorary Citizenship to Polish Revolutionary War Figure.On Wednesday, October 7, 2009, the House of Representatives debated H.J. Res. 26, a measure granting honorary posthumous citizenship to Casimir Pulaski, a Polish national who assisted the United States during the U.S. Revolutionary War.
The House has concluded the debate, and it is expected to vote on the measure later this week.
Tuesday, October 6, 2009
11:10 am EDT Human Rights Violators and Asylum.The Senate Judiciary Subcommittee on Human Rights and the Law held a hearing on human rights violations and asylum on Tuesday, October 6, 2009. The Subcommittee heard from Lanny Breuer, Assistant Attorney General, Criminial Division; John T. Morton, Assistant Secretary of Homeland Security for Immigration and Customs Enforcement; David T. Donahue, Deputy Assistant Secretary of State for Visa Services, Bureau of Consular Affairs; and Arthur M. Cummings II, Executive Director, National Security Branch, FBI. Click Here to see the text of the prepared statement of Senate Judiciary Committee Chairman Patrick Leahy (D-VT)
Check back later for more links to testimony from the hearing.
Thursday, October 1, 2009
All Night Senate Finance Committee Completes Consideration of Amendments to Baucus Health Care Reform Bill.The Senate Committee on Finance completed its consideration of amendments to the Baucus health care reform bill during the legislative day of Thursday, October 1, 2009, considering more than 100 amendments to the draft measure.
Thursday's markup session was the seventh day on which the Committee held markup sessions. It began at about 10:30 am and continued until about 2:00 am Friday morning.
The Committee considered just one immigration-related amendment during the Thursday, October 1, 2009, markup session:
KYL FIVE-YEAR WAITING PERIOD AMENDMENT. Senate Minority Whip Jon Kyl (R-AZ) offered an amendment that would have required legal immigrants to wait five years after entering the United States before they can make use of a tax credit in the bill to help individuals purchase health insurance.
Senators Robert Menendez (D-NJ) and Jeff Bingaman (D-NM) spoke against the amendment. Senator Kyl was the only one who spoke in favor of it.
The Committee rejected the Kyl Five-Year Waiting Period Amendment by a vote of 10-13.
The Committee will now await a review by the Congressional Budget Office (CBO), which will "score" the provisions agreed to so far to determine whether it is deficit-neutral. The Committee has tentatively scheduled a Tuesday, October 6, 2009 markup session to vote on the final version of the package.
2:00 pm EDT Conferees Apruptly Cancel Conference Committee Meeting on Homeland Security Appropraitions Bill.House and Senate negotiators abruptly cancelled a meeting that previously was scheduled for Thursday, October 1, 2009, to formally begin to resolve the significant differences between the House-passedandSenate-passed
versions of the fiscal year 2010 Homeland Security Appropriations bill.
No new date or time has been set for the conference. However, it is not expected that the conferees will be able to meet until sometime during the week of October 5, 2009.
The House motion instructed the House conferees to:
Detainee Abuse Photographs. accept a Senate provision barring the disclosure of photographs showing abuse of detainees;
Guantanamo Detainees. bar the Administration from bringing Guantanamo Bay, Cuba detainees to the United States and bar such persons from ever receiving any immigration benefit under U.S. immigration law; and
Availability of Conference Report Text. not record their approval of the final conference agreement unless the text of the agreement has been available in a searchable and downloadable format for at least 72 hours.
The House agreed to the motion to instruct conferees by a vote of258-163.
10:00 pm EDT The Senate Finance Committee Completes Day Six of Health Care Reform Markup.TheSenate Committee on Finance completed the sixth day of its marathon markup of the Baucus health care reform bill. The sixth markup session began at approximately 10:30 am EDT and adjourned at approximately 10:00 pm EDT.
The Committee took up the following three immigration-related amendments during the September 30, 2009, markup session:
GRASSLEY PHOTO ID AMENDMENT. Senate Finance Committee Ranking Republican Charles Grassley (R-IA) offered an amendment that would have amended Title 19 of the Social Security Act to require an applicant (or the parent or guardian in the case of a child under the age of 18) to present at the time of application for Medicaid or CHIP benefits government-issued photo identification and that identification must be authenticated with the issuing agency.
The Debate on the Grassley Photo ID Amendment was vigorous. Senator Jon Kyl (R-AZ) joined Senator Grassley in speaking in favor of the amendment. Speaking against the amendment were Senators Bob Menenedz (D-NJ), Jeff Bingaman (D-NM), and Debbie Stabenow (D-MI).
The Committee rejected the Grassley Photo ID Amendment by a partyline vote of 10-13.
KYL PHOTO ID AMENDMENT. Senate Minority Whip Jon Kyl (R-AZ) offered an amendment that would have required photo identifications for persons seeking to make use of affordability tax credits to subsidize the purchase of health insurance under the bill. The Committee rejected the Kyl Photo ID Amendment by a partyline vote of 10-12, with Senator Maria Cantwell (D-WA), abstaining.
GRASSLEY FIVE YEAR WAITING PERIOD FOR AFFORDABILITY TAX SUBSIDY AMENDMENT. Senate Finance Committee Ranking Republican Charles Grassley (R-IA) offered an amendment that used as one of its offsets a requirement that legal immigrants be barred from receiving health care affordability tax credits under the health care reform bill for five years after their entry.
The Committee rejected the Grassley five-year Waiting Period Amendment by a vote of 10-13.
The Committee markup continues throughout the week.
6:10 pm EDT The Full Senate Clears Bill Carrying Short-Term Extensions of E-Verify, Investor Visas, Religious Workers and Conrad 30 J-1 Programs and the Fiscal Year 2010 Continuing Appropriations Resolution. The full Senate cleared a measure containing a month-long extension of the controversial E-Verify program, which otherwise was set to expire at Midnight on September 30, 2009. In addition to extending the E-Verify Program, the measure that the Senate cleared also extends three other expiring immigration programs: the EB-5 Investor Visa Regional Center, Special Immigrant Non-Minister Religious Worker Visa, and Conrad 30 State J-1 Visa programs.
Senate floor action occurred on September 30, 2009, in connection with the conference report accompanying H.R. 2918, the Fiscal Year 2010 Legislative Branch Appropriations Bill. Division B of that measure contains a continuing appropriations resolution to fund the activities of the federal government for the first month of the fiscal year. The provisions extending the four expiring immigration programs are contained in that Division.
Click Here to see the official text of H.Rept. 111-265, the conference report accompanying H.R. 2918 Click Here to see a section-by-section summary of Division B of the conference report accompanying H.R. 2918 Click Here to see a more general summary of H.Rept. 111-265
10:00 am EDT Senate Homeland Security Committee Holds Hearing on Terrorist Threat to the United States. The Senate Committee on Homeland Security and Governmental Affairs held a hearing on terrorist threats to the United States.
Testifying at the hearing were Secretary of Homeland Security Janet Napolitano; FBI Director Robert S. Mueller III; and Michael E. Leiter, Director of the National Counterterrorism Center.
Click Here to read the complete text of Secretary of Homeland Security Napolitano's prepared testimony Click Here to read the complete text of FBI Director Muller's prepared testimony Click Here to read the complete text of National Counterterrorism Center Director Leiter's prepared testimony
10:35 pm EDT Senate Finance Committee Completes Day Five of Health Care Reform Markup.TheSenate Committee on Finance completed the fifth day of its marathon markup of the session on the Baucus health care reform bill. The fifth markup session began at approximately 10:00 am and adjourned at approximately 10:35 pm.
About half of the Committee deliberations on September 29 was taken up by debate over two public option amendments. The Committee rejected both amendments, one of which was offered by Senator Jay Rockefeller (D-WV) and the other of which was offered by Senator Charles Schumer (D-NY).
No immigration-related amendments were offered to the bill during the September 29, 2009, markup session.
12:00 Noon Senate Finance Committee Completes Day Four of Health Care Reform Markup. The Senate Committee on Finance completed the fourth day of its marathon markup of the Baucus health care reform bill. The fourth markup session began at 9:30 am on Friday, September 25, 2009, and continued until close to Noon.
The Committee considered amendments to both the "delivery" and the "coverage" parts of the measure during the September 25, 2009, markup session. The "coverage" part of the measure is the part of the bill to which ten of the 11 immigration-related amendments to the Baucus Chairman's Mark are filed.
No immigration-related amendments were offered to the Chairman's Mark during the September 25, 2009 markup session.
11:40 am House Adopts Conference Report on Measure Carrying One Month Extension of E-Verify and Three Other Expiring Immigration Programs.The full House of Representatives approved a measure providing for a short-term extension of the controversial E-Verify program. The House-approved measure also would extend the EB-5 Investor Visa Regional Center, Special Immigrant Non-Minister Religious Worker Visa, and Conrad 30 State J-1 Visa programs.
Authority for each of the four expiring programs will end at midnight on October 1, 2009, unless the Senate agrees to and the President signs the measure before then.
House action occurred on Friday, September 25, 2009, in connection with the conference report accompanying H.R. 2918, the Fiscal Year 2010 Legislative Branch Appropriations Bill. House and Senate conferees met on Thursday, September 24, 2009, to put the finishing touches on the conference report. At the request of the House and Senate Democratic Leadership, the conferees added a new division to the report consisting of a continuing appropriations resolution that would fund the activities of most of the federal government for the first weeks of fiscal year 2010. The provisions extending the four expiring immigration programs are found in Division B, or the continuing appropriations Division, of the conference report.
The House adopted the conference report by a vote of 217-190.
Click Hereto see the official text of H. Rept. 111-265, the conference report accompanying H.R. 2918 Click Hereto see a section-by-section summary of Division B of the conference report accompanying H.R. 2918 Click Hereto see a more general summary of H. Rept. 111-265
11:00 pm Senate Finance Committee Completes Day Three of Health Care Reform Markup. The Senate Committee on Finance completed the third day of its marathon markup of the Baucus health care reform bill. The third markup session began at 9:30 am on Thursday, September 24, 2009, and continued until close to 11:00 pm.
The Committee considered amendments to both the "delivery" and the "coverage" parts of the measure during the markup session. The "coverage" part of the measure is the part of the bill to which ten of the 11 immigration-related amendments to the Baucus Chairman's Mark are filed.
No immigration-related amendments were offered to the Chairman's Mark during the September 24, 2009 markup session.
2:30 pm House Rules Committee Approves Procedure for Considering Short-Term Extensions of Four Expiring Immigration Programs. The House Committee on Rules approved a rule providing for the consideration of a measure that has become the vehicle for a short-term extension of four expiring immigration programs. The Committee acted on Thursday, September 24, 2009, in connection with H.Res. 772, the rule providing for consideration of the conference report accompanying H.R. 2918, the Fiscal Year 2010 Legislative Branch Appropriations Bill.
H.R. 2918 has become the vehicle for the first fiscal year 2010 continuing appropriations resolution, which is a stop-gap measure to fund the activities of most of the federal government for the first weeks of fiscal year 2010. Included in that measure are provisions extending through October 31, 2009, the E-Verify, EB-5 Investor Visa Regional Center, Special Immigrant Non-Minister Religious Worker Visa, and Conrad 30 State J-1 Visa programs.
Click Here to see the official text of H. Rept. 111-265, the conference report accompanying H.R. 2918 Click Here to see a section-by-section summary of Division B of the conference report accompanying, H.R. 2918 Click Here to see a more general summary of H. Rept. 111-265
11:00 am Conferees Approve Short-Term Extension of E-Verify and Three Other Expiring Immigration Programs. The conference committee considering H.R. 2918, the Fiscal Year 2010 Legislative Branch Appropriations Bill, approved a month-long extension of the E-Verify program, as well as a month-long extension of three other expiring immigration programs. The conference committee acted on Thursday, September 24, 2009.
Conferees included the extension of the four expiring immigration programs in a continuing appropriations resolution to provide stop-gap fiscal year 2010 funding for the activities of the federal government. It then included the continuing appropriations measure in the conference report accompanying H.R. 2918.
In addition to the E-Verify program, the other three programs that would receive a month-long reprieve under the bill are the EB-5 Investor Visa Regional Center, Special Immigrant Non-Minister Religious Worker Visa, and Conrad 30 State J-1 Visa programs.
10:00 pm Senate Finance Committee Completes Day Two of Health Care Reform Markup.The Senate Committee on Finance completed the second of several days of marking up the Baucus health care reform bill. The second markup session began at 9:30 am on Wednesday, September 23, 2009, and continued until close to 9:00 pm.
No immigration-related amendments were offered to the Chairman's Mark during the September 23, 2009 markup session.
6:00 pm House Energy and Commerce Committee Completes Supplementary Markup of Health Care Reform Mesaure.TheHouse Committee on Energy and Commercecompleted a supplementary markup in connection withH.R. 3200, the "America's Affordable Health Choices Act of 2009." During the September 23, 2009, supplementary markup, the Committee considered numerous amendments that had been pending to H.R. 3200 but were not voted on prior to the Committee's approval of the measure on July 31, 2009. The Committee approved seven amendments, forwarding them to the House Committee on Rules
to be considered along with the version of H.R. 3200 that the Committee approved last July.
Only one amendment having immigration implications was offered during the September 23, 2009, markup:
Rogers En Bloc Amendment.Representative Mike Rogers (R-MI) offered anen bloc amendment
consisting of many different parts. Among the parts of the Rogers Amendment was a provision that would have increased the verification regime for Medicaid so as to prevent illegal immigrants from accessing the program.
The Rogers amendment was ruled nongermane, and he withdrew it.
Senate Finance Committee Completes Day One of Health Care Reform Markup. The Senate Committee on Finance completed the first of several days of marking up the Baucus health care reform bill. The first markup session began at 9:00 am on Tuesday, September 22, 2009, and continued until close to 9:00 pm.
Senators made opening statements, listened to a staff-led walk-through of the bill, and asked questions of the Congressional Budget Office during the first day of markup.
Despite the fact that six different senators have filed a total of 11 immigration-related amendments to the Baucus bill, the subject of treatment of immigrants under the health care reform bill was not a major issue during the September 22, 2009, markup session. Indeed, the only senator who made an extensive reference to immigrants or immigration during his or her opening statement was Senate Finance Committee Ranking Republican Charles Grassley (R-IA).
The following summarizes the major immigration-related actions that occurred during the first markup session of the Baucus Health Care Reform Bill:
Grassley Opening Statement. Senate Finance Committee Ranking Republican Grassley asserted in his opening statement that "on the subject of immigrants here illegally, this bill also fails the test in at least three ways. First, although the mark appears to require the new exchanges to verify Social Security numbers and citizenship or legal status, it does not include blocking of Social Security Numbers, REAL IDs, verification of address, or prior year income, or any other mechanism to verify identity and prevent identity theft. Second, it appears to contain privacy protections limiting the use of data collected by the exchanges. But, it does not allow information sharing with the Internal Revenue Service and the Social Security Administration to detect and preclude the multiple use of the same Social Security number. And finally, I would also note that the designation of Indian tribes as an “Express Lane Agency” would allow them to enroll anyone under the age of 22 in Medicaid and CHIP, and anyone of any age in an exchange without verification of citizenship. As we have discussed in this committee in the past, the role of Indian tribes in verifying citizenship has been questionable."
Baucus Modifications to the Chairman's Mark. Senate Finance Committee Chairman Baucus released a summary of Modifications to the Chairman's Mark. While the modifications encompassed more than 150 of the 564 amendments to the Chairman's Mark that have been filed by members of the Committee, they did not make any changes to the Mark's immigration-related provisions.
5:00 pm House Rules Committee Postpones Markup of Rule Providing for Consideration of Continuing Appropriations Resolution. The House Committee on Rules abruptly cancelled a markup that had been scheduled for 5:00 pm on Tuesday, September 22, 2009, during with the Committee as to produce a rule providing for the consideration of the yet-to-be-introduced Continuing Appropriations Resolution, which is expected to fund the activities of the federal government for the first weeks of fiscal year 2010.
The House had planned to take up the continuing appropriations resolution on Wednesday, September 23, 2009. However, the House Democratic Leadership pushed consideration of the measure to Thursday, September 24, 2009, at the earliest.
The continuing appropriations resolution is expected to include a short-term extension of the E-Verify program. Advocates have been pressing the House Democratic leadership to include short-term extensions of several other expiring immigration programs, including the EB-5 Investor Visa Regional Center, Special Immigrant Non-Minister Religious Worker, the Conrad 30 State J-1, and the Lautenberg Relaxed Refugee Adjudicatory Standards for Soviet Jewry programs.
The markup will take place in Room H-313 of the Capitol Building.
House Judiciary Committee Approves One Immigration Measure and Postpones Consideration of Three Others. The House Committee on the Judiciary has approved an immigration measure that was approved by its Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law last July. However, it left three Subcommittee-approved bills hanging on the agenda for a subsequent markup. The Committee acted on Wednesday, September 16, 2009, in connection with H.R. 3290, the "September 11 Family Humanitarian Relief and Patriotism Act of 2009." The Committee approved the bill by a voice vote after disposing of two amendments to the measure that were offered by Subcommittee Ranking Republican Steve King (R-IA).
As approved by the House Committee on the Judiciary, H.R. 3290 would permit aliens who lost a spouse or parent in the Sept. 11, 2001, terrorist attacks in the United States to adjust their status to that of a legal permanent resident. It would apply only to the family members of immigrants killed in the attacks who have already been identified as a beneficiary by the September 11 Victims Compensation Fund.
The bill would require that alien beneficiaries of the measure not be inadmissible for a criminal offense and have satisfied all outstanding federal tax liability before their status can be adjusted.
The Subcommittee approved H.R. 3290 on Thursday, July 23, 2009, by a vote of 7-5, after a contentious debate, during which Ranking Republican Steve King (R-IA) offered two amendments to the measure. The Subcommittee rejected both of the amendments on party-line votes (See Pages 849-850 of the July 27, 2009, edition of the Weekly Legislative Update for a detailed description of Subcommittee action on H.R. 3290). Ranking Republican King offered the same amendments during the full Committee markup. The Committee rejected the amendments by a voice vote.
The full House Committee on the Judiciary left three immigration-related bills that had been on its markup schedule undone:
H.J. Res. 26, a joint resolution proclaiming Casimir Pulaski to be an honorary citizen of the United States posthumously;
H.R. 42, the "Commission on Wartime Relocation and Internment of Latin Americans of Japanese Descent Act;and
Baucus Releases Details of His Health Care Reform Bill.Senate Committee on Finance Max Baucus (D-MT) released both a brief summary and a detailed summary of his long-awaited health care reform bill. The summaries reveal a number of restrictions on noncitizens' access to health insurance. However, the actual legislative language for the bill had not yet been released at the time of this writing, and so it is entirely possible that there are immigrant- and immigration-related provisions in the text of the bill that are not described in the two summaries.
Click Here to see a more detailed summary of the noncitizen restrictions in the Baucus Health Care Reform Bill
10:00 am Senate Judiciary Committee Holds Oversight Hearing on the FBI. The Senate Committee on the Judiciary held an oversight hearing on the operations of the Federal Bureau of Investigation (FBI). (See Pages 934-936 of the September 14, 2009, edition of the Weekly Legislative Update for a detailed preview of the immigration-related issues that were thought likely to come up in the hearing) Click Here to see a recorded video of the hearing.
Friday, August 7, 2009
2:00 pm Senate Confirms the Mayorkas Nomination. On Friday, August 7, 2009, the Senate confirmed the nomination of Alejandro Mayorkas to be Director of the Department of Homeland Security's U.S. Citizenship and Immigration Services.
The Senate confirmed the nomination by unanimous consent.
Thursday, August 6, 2009
3:15 pm Senate Confirms the Sotomayor Nomination. On Thursday, August 6, 2009, the Senate confirmed the nomination of Appeals Court Judge Sonia Sotomayor to be an Associate Justice of the United States Supreme Court.
The Senate confirmed the Sotomayor nomination by a vote of 68-31.
to see the roll call vote by which the Senate confirmed the Sotomayor nomination.
Friday, July 31, 2009
9:20 pm House Committee on Energy and Commerce Approves Health Care Reform Bill. On Friday, July 31, 2009, the House Committee on Energy and Commerce approved an amended version of H.R. 3200, health care reform legislation.
The Committee agreed to two immigration-related amendments during the course of four days of markup. The first amendment, offered by Representative Anna G. Eshoo (D-CA), would make migrants to the United States from Compact of Free Association nations (including Micronesia, the Marshal Islands, and Palau) immediately eligible for Medicaid. The second amendment, offered by Representative Zachary T. Space (D-OH), would provide that nothing in Title VII of Division B of the bill shall change current prohibitions against Federal Medicaid and CHIP payments under titles XIX and XXI of the Social Security Act on behalf of individuals who are not lawfully present in the United States.
The Committee agreed to both amendments by a voice vote.
The Committee rejected one immigration-related amendment during the four days of markup of the bill. On Thursday, July 30, 2009, the Committee narrowly defeated an immigration-related amendment that was offered by Representative Nathan Deal (R-GA)
that would have required that the SAVE system be used to verify the immigration status of applicants for Medicaid. The Committee defeated the Deal Immigration Status Verification Amendment by a vote of 28-29.
The Committee approved H.R. 3200 by a vote of 31-28.
3:30 pm House Committee on Energy and Commerce Approves Amendment Clarifying that Health Reform Bill Does Not Change Current Prohibitions Against Federal Medicaid and CHIP Payments on Behalf of Illegal Immigrants.On Friday, July 31, 2009, the House Committee on Energy and Commerce approved an amendment to H.R. 3200, health care reform legislation with regard to the eligibility of illegal imigrants for payments under the CHIP and Medicaid programs. The amendment, offered by Representative Zachary T. Space (D-OH), would provide that nothing in Title VII of Division B of the bill shall change current prohibitions against Federal Medicaid and CHIP payments under titles XIX and XXI of the Social Security Act on behalf of individuals who are not lawfully present in the United States.
The Committee agreed to the Space Amendment by a voice vote.
Click Here to see the text of the Space Amendment.
1:00 pm House Judiciary Panel Approves Bill to Study U.S. Wartime Treatment of Certain Citizens and Permanent Residents. On Friday, July 31, 2009, the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law approved H.R. 1425, the "Wartime Treatment Study Act". As approved by the Subcommittee, H.R. 1425 would require that a study be conducted of the U.S. government's treatment of certain citizens and permanent residents during World War II.
The Subcommittee approved H.R. 1425 by a vote of 9-1.
11:15 am House Committee on Energy and Commerce Approves Amendment Making Migrants from Compact Nations Eligible for Medicaid. On Friday, July 31, 2009, the House Committee on Energy and Commerce agreed to an immigration-related amendment that was offered to H.R. 3200, health care reform legislation. The amendment, offered by Representative Anna G. Eshoo (D-CA), would make migrants to the United States from Compact of Free Association nations (including Micronesia, the Marshal Islands, and Palau) immediately eligible for Medicaid.
The Committee agreed to the Eshoo Amendment by a voice vote.
The markup is being held in Room 2123 of the Rayburn House Office Building.
Click Here to see the text of the Eshoo Amendment.
Thursday, July 30, 2009
4:30 pm Senate Appropriations Committee Approves Bill Appropriating FY '10 Funding for Refugee Resettlement and Unaccompanied Alien Children. On July 30, 2009, the Senate Committee on Appropriations approved its version of the Fiscal Year 2010 Labor, Health and Human Services, Education, and Related Agencies Appropriations Bill, which funds the federal government's refugee resettlement, trafficking victim assistance, torture victim assitance programs, as well as the care and placement of unaccompanied alien children.
The Senate Appropriations Committee-approved version of the measure would cut the Administration's request for refugee and unaccompanied alien child programs by $10 MILLION. However, within the appropriation for ORR, the measure would increase fiscal year 2010 funding for refugee resettlement by $16 MILLION relative to the Obama Administration's request. Click Here to hear recorded audio of the markup.
11:20 am House Committee on Energy and Commerce Narrowly Defeats Immigration Status Verification Amendment to Health Care Bill. On Thursday, July 30, 2009, the House Committee on Energy and Commerce today narrowly defeated an immigration-related amendment that was offered to H.R. 3200, health care reform legislation. The amendment, offered by Representative Nathan Deal (R-GA), would have required that the SAVE system be used to verify the immigration status of applicants for Medicaid.
The Committee defeated the Deal Immigration Status Verification Amendment by a vote of 28-29.
Five Democrats joined all of the Committee's Republicans in voting for the Deal Amendment. The Democrats who supported the Deal Amendment were Representatives Baron Hill (D-IN) Charlie Melancon (D-LA), Mike Ross (D-AR), Jim Matheson (D-UT), and John Barrow (D-GA).
The markup is being held in Room 2123 of the Rayburn House Office Building.
Click Here to see the text of the Deal Immigration Status Verification Amendment. Click Here to see video of the debate in the Committee on the Deal Amendment. Click Here to see the roll call vote by which the Committee defeated the Deal Amendment.
Wednesday, July 29, 2009
10:40 am
Senate Homeland Security and Governmental Affairs Committee Approves Bill to Replace Key Provsions of the REAL ID Act. On Wednesday, July 29, 2009, the Senate Committee on Homeland Security and Governmental Affairs approved S. 1261, the "Providing for Additional Security in States' Identification Act of 2009" or the "PASS ID Act". Before approving S. 1261, the Committee agreed to a Collins-Liberman Substitute Amendment and several other amendments. None of the amendments that the Committee agreed to made any substantitve changes to the bil's alienage-related provisions.
As approved by the Committee, S. 1261 would replace key aspects of the REAL ID Act, including the REAL ID Act's alieange- and immigration-related provisions.
The Committee approved the measure by a voice vote.
Click Here to see the text of the Lieberman-Collins Substitute Amendment agreed to by the Committee by a voice vote. Click Here to see recorded video of this markup.
10:00 am
Senate Foreign Relations Committee Panel Holds Hearing on IDPs in Pakistan. On Wednesday, July 29, 2009, the Senate Foreign Relations Subcommittee on Near Eastern and South and Central Asian Affairs held a hearing on Pakistan's Internally Displaced Persons (IDP) Crisis. Among the witnesses testifying at the hearing was Assistant Secretary of State for Population, Refugees, and Migration Eric Schwartz. Click Here to see recorded video of this hearing.
10:00 am
House Judiciary Committee Fails to Markup Two Immigration Bills. On Wednesday, July 29, 2009, the House Committee on the Judiciary conducted a markup at which it was scheduled to consider a number of measures, including two immigration-related bills: H.R. 3290, the September 11 Family Humanitarian Relief and Patriotism Act; and H.J. Res. 26
, Honorary Citizenship for Casimier Pulaski.
While the Committee completed action on several meaures, it did not take up the two immigration bills. No date has been announced for a continuation of the markup.
Tuesday, July 28, 2009
2:45 pm
Senate Appropriations Panel Approves FY '10 Labor, HHS, Education Appropriations Bill. On Tuesday, July 28, 2009, the Senate Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies approved its version of H.R. 3293, the Fiiscal Year 2010 Labor, Health and Human Services, Education, and Related Agencies Appropriations Bill, forwarding it to the full Senate Committee on Appropriations for its consideration. The measure funds the Department of Health and Human Services Office of Refugee Resettlement (ORR), which is the office that administers the federal government's refugee resettlement, trafficking victim assistance, torture victim assistance, and unaccompanied alien child functions and activities.
The Subcommittee approved the Chairman's Mark by voice vote. No amendments were offered to the bill during the Subcommitee markup.
12:00 pm
Senate Judiciary Committee Approves Sotomayor and Mayorkas Nominations. On Tuesday, July 28, 2009, the Senate Committee on the Judiciary approved the nominations of Judge Sonia Sotomayor to be an Associate Justice of the United States Supreme Court and of Alejandro Mayorkas to be Director of the Department of Homeland Security's U.S. Citizenship and Immigration Services.
The Committee approved the Sotomayor nomination by a vote of 13-6. Senator Lindsay Graham (R-SC) was the sole senator to cross party lines in the vote, casting his vote in favor of the nomination.
The Committee approved the Mayorkas nomination by a voice vote.
Click Hereto see recorded video of the July 28, 2009, Senate Judiciary Committee executive business meeting at which the Committee approved the two nominations.
Friday, July 24, 2009
3:05 pm House Passes the FY '10 Labor, HHS, Education, and Related Agencies Appropriations Bill. On Friday, July 24, 2009, the full House of Representatives ahs passed H.R. 3293, its version of the Fiiscal Year 2010 Labor, Health and Human Services, Education, and Related Agencies Appropriations Bill, which funds the Department of Health and Human Services Office of Refugee Resettlement (ORR), which administers the federal government's refugee resettlement, trafficking victim assistance, torture victim assistance, and unaccompanied alien child functions and activities. The House passed the bill by a vote of 264-153.
House Judiciary Subcommittee Approves Bill on World War II Internment and Relocation of Latinos in the U.S. of Japanese Descent. On July 24, 2009, the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law has approved H.R. 42, the "Commission on Wartime Relocation and Internment of Latin Americans of Japanese Descent Act.
Thursday, July 23, 2009
7:30 pm
House Rules Committee Reports Rule Limiting Floor Amendments to FY '10 Labor, HHS, Education Appropriations Bill. On Thursday, July 23, 2009, the House Committee on Rules reported a proposed rule providing for the consideration of H.R. 3293, the Fiscal Year 2010 Labor, Health and Human Services, Education, and Related Agencies Appropriations Bill, which the full House of Representatives hopes to take up on Friday, July 24, 2009. The proposed rule would permit only five floor amendments to be offered to the measure on the House floor. None of the five amendments would directly impact immigration- or refugee-related spending. The House is expected to vote on the rule on Friday, July 24, 2009.
The Labor, Health and Human Services, Education, and Related Agencies Appropriations Bill traditionally contains funding for the Department of Health and Human Services Office of Refugee Resettlement (ORR), which administers the federal government's refugee resettlement, trafficking victim assistance, torture victim assistance, and unaccompanied alien child functions and activities.
Click Here to see a copy of the proposed rule that the House Committee on Rules has reported to the full House of Representatives.
1:30 pm
House Financial Services Committee Approves Section 8 Housing Assistance Legislation Containing Identification Documentation Requirements. On July 23, 2009, the HouseCommittee on Financial Services approved H.R. 3045, the "Section 8 Voucher Reform Act of 2009". As approved by the Committee, the measure contains a provision, agreed to on July 8, 2009, that would require all adult residents in public housing where the household makes use of federal housing vouchers to present at least one of several specified forms of identification. The identification provision was contained in an amendment to the bill, offered by Representative Tom Price (R-GA), that the Committee agreed to on July 8, 2009.
12:20 pm
House Judiciary Panel Approves Four Immigration Measures and Postpones Actions on Two Others. On July 23, 2009, the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law began and later recessed a markup, at which it had under consideration six immigration, claims, and international law bills.
The Subcommittee requested reports from the Department of Homeland Security on the potential beneficiaries of H.R. 1576 and H.R. 3182, two private immigration relief bills.
The Subcommittee approved two bill, H.R. 3290, the "September 11 Familiy Humanitarian Relief and Patriotism Act of 2009"; and H.J. Res. 26, a joint resolution proclaiming Casimir Pulaski to be an honorary citizen of the United States posthumously.
The Subcommittee postponed final action on two bills,H.R. 42, the "Commission on Wartime Relocation and Internment of Latin Americans of Japanese Descent Act; and H.R. 1425, the Wartime Treatment Study Act.
The Subcommittee began the markup on at 10:15 am on July 23, 2009, and continued until about 12:15 pm. The Subcommittee recessed until 1:00 pm on Fiiday, July 24, 2009, at which point it hopes to complete the markup.
10:00 am
House Oversight Panel Holds Hearing on the E-Verify System. On July 23, 2009, the HouseOversight and Government Reform Subcommittee on Management, Organization, and Procurement held a hearing on the E-Verify System.
5:30 pm
House Passes Torture Victims Assistance Legislation. On Wednesday, July 22, 2009, the full U.S. House of Representatives passed H.R. 1511U, the "Torture Victims Relief Reauthorization Act of 2009". The measure would reauthorize funding for programs to assist the victims of torture who are resettled in the United States. The House passed the measure by a voice vote. 3:00 pm Amendments Filed for FY '10 Labor, HHS, Education Appropriations Bill. Members of the House have filed nearly three dozen amendments that they hope to offer on the House floor to H.R. 3293, the Fiscal Year 2010 Labor, Health and Human Services, Education, and Related Agencies Appropriations Bill. None of the amendments that were filed would have a direct impact on the immigration- or refugee-related provisions of the bill.
The Labor, HHS, Education Appropriations bill funds the refugee resetttlement and unaccompanied alien children functions of the federal government. The House Committee on Rules imposed a 1:00 pm July 22, 2009, deadline on the filing of floor amendments to the bill.
Click Hereto see a listing and copy of each amendment that was filed.
11:30 am
House Subcommittee Marks Up Border Security Legislation. On Wednesday, July 22, 2009, the House Homeland Security Subcommittee on Border, Maritime and Global Counterterrorism completed a markup of three border security bills, approving all three.
The three bills that the Subcommittee approved include H.R. 1517, a bill to allow certain U.S. Customs and Border Protection employees who serve under an overseas limited appointment for at least 2 years, and whose service is rated fully successful or higher throughout that time, to be converted to a permanent appointment in the competitive service;H.R. 1726, the "Border Security Search Accountability Act of 2009", which would require the Secretary of Homeland Security to issue a rule with respect to border security searches of electronic devices;and H.R. 3239, a bill to require the Secretary of Homeland Security, in consultation with the Secretary of State, to submit a report on the effects of the Merida Initiative on the border security of the United States.
Senate Committee Holds Hearing on Investor Visa Regional Centers. On Wednesday, July 22, 2009, the full Senate Committee on the Judiciary completed a hearing on "Promoting Job Creation and Foreign Investment in the United States: An assessment of the EB-5 Regional Center Program."
5:00 pm House Democratic leadership Pulls Torture Victims Assistance Legislation from House Floor. The House Democratic Leadership has once again pulled UH.R. 1511U, the "Torture Victims Relief Reauthorizatio
