By Micheal E. Hill
Monday, October 12, 2009 -  7:00 am EDT

The full Senate this week is expected to resume its consideration of the fiscal year 2010 appropriations bill that funds the nation's immigration court system and reimburses states for the costs they bear in incarcerating criminal aliens.  When it does so, the Senate will be faced with a vote on an amendment offered by Senator David Vitter (R-LA) that would force the Census Bureau to inquire about the immigration status of every person in the United States as part of its 2010 decennial census.  The Senate also this week could be faced with votes on making the E-Verify program permanent and statutorily requiring all federal contractors to use the program.  This week's Senate floor action is expected to begin at 3:00 pm on Tuesday, October 13, 2009, in connection with the Senate Appropriations Committee-reported version of H.R. 2847, the Fiscal Year 2010 Commerce, Justice, Science, and Related Agencies Appropriations Bill (C-J-S Appropriations Bill).

Senators David Vitter (R-LA) and Robert F. Bennett (R-UT) offered the census proposal as an amendment to the C-J-S Appropriations Bill on Wednesday, October 7, 2009.  Despite the fact that the amendment was offered on October 7, Senate Democratic leaders have delayed a vote on the amendment into this week while they grapple with how to deal with it.

Earlier in the debate on the C-J-S Appropriations Bill, the Senate rejected an amendment that was offered by Senator Vitter 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.


Summary of Immigration- and Refugee-Related Provisions
The C-J-S Appropriations bill would significantly increase funding for the Executive Office for Immigration Review (EOIR), increase funding for alternatives to detention for immigration detainees, and maintain funding for the State Criminal Alien Assistance Program (SCAAP), a program that the Obama Administration has sought to terminate. 

 As reported by the Senate Committee on Appropriations, the Senate version of H.R. 2847 contains the following immigration- and refugee-related provisions:

• Executive Office for Immigration Review.  The Senate Appropriations Committee-reported version of H.R. 2847 would appropriate $300.685 MILLION for the Department of Justice’s Administrative Review and Appeals section.  The bulk of those funds are for the Executive Office for Immigration Review (EOIR).  This is the same amount requested by the Administration and approximately $30.685 MILLION, or 11.2 percent, above the fiscal year 2009 appropriation.

• State Criminal Alien Assistance Program.  The committee report accompanying the Senate Appropriations Committee-reported version of H.R. 2847 notes that the measure includes $228 MILLION for the State Criminal Alien Assistance Program (SCAAP), a program for which the Obama Administration proposed zero funding.  This would be a cut of $172 MILLION in the amount appropriated for SCAAP in fiscal year 2009.
   

• U.S. Marshall’s Service.  The committee report accompanying the Senate Appropriations Committee-reported version of H.R. 2847 notes that the Committee "strongly supports the U.S. Marshal Service increase in funding for immigration enforcement."  In justifying the increase in funding, the committee report stated that "[i]n the past, the U.S. Marshals Service was forced to divert resources from fugitive apprehension to address this growing, problem." 

Parliamentary SituationThe Senate will vote at 5:30 pm on Tuesday, October 13, 2009, on a motion to invoke cloture on H.R. 2847. If cloture is invoked, debate on the measure will be limited and only amendments that are germane to the bill can be considered.  In order to invoke cloture, 60 senators have to vote in favor of the motion.



Upcoming Floor Debate and Amendments. As previously noted, the Senate will take up at least one immigration-related amendment when it resumes its consideration of H.R. 2847, and at least three other immigration-related amendments are waiting in the wings:

• VITTER/BENNETT CENSUS & IMMIGRATION STATUS AMENDMENT.  Senators David Vitter (R-LA) and Robert F. Bennett (R-UT) have offered an amendment (Senate Amendment Number 2847) to H.R. 2847 providing that no funds may be used for the collection of census data that does not include questions regarding United States citizenship and immigration status. 

• ENSIGN INCREASED FUNDING FOR SCAAP AMENDMENT.  Senator John Ensign (R-NV) is planning to offer an amendment (Senate Amendment Number 2648) that would increase funding in the bill for the State Criminal Alien Assistance Program (SCAAP). 

• HUTCHISON INCREASED FUNDING FOR SCAAP AMENDMENT.  Senator Kay Bailey Hutchison (R-TX) is planning to offer an amendment (Senate Amendment Number 2666) that would appropriate an additional $172 MILLION for the State Criminal Alien Assistance Program (SCAAP), which would bring the fiscal year 2010 appropriation up to the amount appropriated for the program in fiscal year 2009.

• SESSIONS PERMANENT EXTENSION OF AND MANDATORY CONTRACTOR USE OF E-VERIFY AMENDMENT.  Senate Judiciary Committee Ranking Republican Jeff Sessions (R-AL) is planning to offer an amendment (Senate Amendment Number 2665) that would permanently extend the E-Verify program and make its use mandatory for federal contractors.

Senate Floor Consideration Thus Far
The Senate took up H.R. 2847 beginning on Monday, October 5, 2009.  It had it under consideration off-and-on throughout the week.