This Week in Immigration- and Refugee-Related Legislation
Last Updated on Saturday, October 31, 2009 at 7:45 am EDT
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Week of November 2, 2009
This Week’s Hearings
At the time of this writing, no hearings were scheduled for this week at which significant immigration- or refugee-related matters are expected to be discussed.
This Week’s Markups
At the time of this writing, one markup was scheduled for this week that has implications for immigration- or refugee-related matters:
This Week’s Floor Activity
At the time of this writing, floor action on two measures containing significant immigration- or refugee-related provisions were possible this week:
House to Take Up Health Care Reform Bill Containing Immigrant Provisions and Restrictions.The House of Representatives this week is expected to take up H.R. 3962, the "Affordable Health Care for America Act", which would make wide-ranging reforms to the nation's health insurance regime. Members will likely be involved in skirmishes relating to the bill as soon as Monday, October 2, 2009. However, the full House of Representatives will not likely begin formal consideration of the bill until Thursday, November 5, 2009. The House is not expected to cast a final vote on the measure until Friday, November 6, 2009, or later.
With regard to immigrants, H.R. 3962 contains the following provisions:
Health Insurance Mandate.With respect to immigrants and immigration, the measure would require all residents (with the exception of some nonimmigrants) to maintain health insurance plans and subject those who do not adhere to the mandate to tax penalties. Even undocumented aliens would be subject to the mandate under H.R. 3962.
Affordability Credits. The House bill would provide "affordability credits" to persons who are not poor enough to qualify for Medicaid but who cannot afford to purchase health insurance on their own. Legal immigrants would be eligible for affordability tax credits, but under section 347 of the bill, aliens who are not lawfully present and nonimmigrants would not be eligible for such credits. The House bill contains several exceptions to the bar on nonimmigrant eligibility for affordability tax credits. T, U, V and K Visa holders would be eligible for affordability credits, despite the fact that they are nonimmigrants.
Citizenship and Immigration Status Verification. Section 341(b)(4) of H.R. 3962 would establish a verification regime, based on the regime in the recently enacted Children's Health Insurance Program Reauthorization Act (CHIPRA), for persons who seek to access affordability credits. All persons, including United States citizens, would be required to undergo verification of their citizenship or immigration status.
Under the procedure, a person seeking affordability credits would make a declaration of United States citizenship or of lawful presence. Persons declaring that they are citizens would undergo one verification process. Persons claiming to be lawfully present in the United States would undergo a different process.
Health Insurance Exchanges. H.R. 3962 would permit all immigrants to participate in the state health insurance exchanges created by the bill, including those not lawfully present.
Five-Year Waiting Period for Medicaid and Medicare. H.R. 3962 would maintain current law regarding the eligibility of aliens for Medicaid, Medicare, and the Children's Health Insurance Program (CHIP) unchanged.
Reaffirmation of Bar on Providing Medicaid or CHIP Benefits to Illegal Immigrants. Section 1787 of H.R. 3962 would provide that nothing in Title VII 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.
Senate Could Take Up Bill Funding the Department of Justice's Executive Office for Immigration Review (EOIR), Alternatives to Detention, and State Criminal Alien Assistance Program (SCAAP). The Senate this week could resume its consideration of the Senate Appropriations Committee-reported version of H.R. 2847, the Fiscal Year 2010 Commerce, Justice, Science, and Related Agencies Appropriations Act (C-J-S Appropriations Bill). The Senate first took up the bill during the week of October 5, 2009. However, Senate Majority Leader Harry Reid (D-NV) pulled the measure from the Senate floor on Wednesday, October 7, 2009, after he fell three votes short of the 60 votes he needed to invoke cloture on the bill, a process that would have shut down debate and placed mandatory limits on the amendments that can be offered to the measure. Three Democratic senators were absent during last week's cloture vote. Majority Leader Reid could bring up the cloture motion for a re-vote at any time if the three Democratic senators who were absent during last week's vote become available for a re-vote. At the time of this writing, insiders were expecting that the Senate could conduct a re-vote on cloture as soon as Tuesday, November 3, 2009 or Wednesday, Nocember 4.
The major sticking point in the Senate on H.R. 2847 is the desire by Senate Republicans for a vote on a census and immigration status amendment that has been offered by Senators David Vitter (R-LA) and Robert Bennett (R-UT). The Vitter/Bennett amendment would require the U.S. census bureau to ask every person residing in the United states about his or her citizenship and immigration status during the 2010 decennial census enumeration.
The Senate Democratic Leadership has sought to negotiate a finite list of amendments that can be offered to the bill, and it has insisted that the Vitter/Bennett amendment not be on the list. It is holding out the threat of trying again to invoke cloture on the bill as leverage during those negotiations.
Should the Senate invoke cloture 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 restriction could result in several immigration-related amendments to H.R. 2847 being barred from the Senate floor. Among the amendments that likely would be barred is the Vitter/Bennett census amendment.
If cloture is not invoked on H.R. 2847 and there is no agreement in place to voluntarily limit amendments, the bill would be open to amendment with only the narrowest rules of germaneness limiting amendments.
Depending on the parliamentary situation that the Senate faces when it resumes consideration of the measure, the Senate could take up any of the following immigration-related amendments to the bill:
1.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.
Click Here to see the text of the Vitter/Bennett Census and Immigration Status Amendment
2.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).
Click Here to see the text of the Ensign SCAAP Amendment
3.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.
Click Here to see the text of the Hutchison SCAAP Amendment
4.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.
Click Hereto see the text of the Sessions E-Verify Amendment
The Commerce, Justice, Science, and Related Agencies Appropriations Bill funds the nation's immigration court system and provides for federal reimbursements to states for the costs they bear in incarcerating criminal aliens. The measure that the Senate expects to take up 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.
No measures containing significant immigration- or refugee-related provisions are pending in conference committees.
Off of the House and Senate Floors
There is a lot of activity on immigration and refugee matters that is taking place outside of camera range:
House Health Care Reform Bill. At the time of this writing, the House Democratic Leadership was working on a "manager's amendment" to the health care reform bill that will contain proposed changes to the bill that would be sufficient to enable the Leadership to attract the requisite 218 votes needed to pass it.
The major issue still in dispute that could be addressed in the manager's amendment relates to the bill's treatment of abortion. However, several here-to-fore settled immigration issues could be addressed in the manager's amendment, as well.
Sources close to the House drafting process indicate that the immigration-related issues that are candidates to be addressed in the manager's amendment include --
It is believed that the manager's amendment will be unveiled on either Monday, November 2, 2009, or Tuesday, November 3, 2009.
1.Illegal Immigrants and Health Insurance Exchanges. the question of whether illegal immigrants should be barred from purchasing health insurance policies (as introduced, H.R. 3962 would not bar such transactions);
2.Five-Year Bar for Legal Immigrants. the question of whether current law barring most legal immigrants from accessing Medicaid and other health programs for five years after entry should be repealed (as introduced, H.R. 3962 would not repeal such laws); and
3.Citizenship Status Verification. the robustness of the immigration status verification regime in the bill (as introduced, H.R. 3962's immigration status verification regime applies only to affordability subsidies and is modeled after the recently enacted regime that is found in CHIPRA).
Senate Health Care Reform Bill. The Senate Democratic Leadership is expected to continue its efforts to meld the work of the Senate Committee on Finance and the Senate Committee on Health, Education, Labor, and Pensions into a single bill that can muster at least 60 votes in the Senate.
Sources close to the drafting process indicate that there will be no substantial changes to the immigrant provisions that were contained in the Senate Finance Committee-approved version of the health care reform bill.
No timeline has been suggested for when a bill will be introduced or when the Senate will begin considering it. However, it is widely anticipated that the Senate will have the bill under consideration for three-to-four weeks once it takes up the measure.
Gutierrez Comprehensive Immigration Reform Bill.
Representative Luis V. Gutierrez (D-IL), who chairs the Congressional Hispanic Caucus' Immigration Task Force, is drafting a comprehensive immigration reform bill that he has said he will introduce sometime around Thanksgiving Day. The Congressman last week released a set of ten "core principles" for comprehensive immigration reform that he says will be embodied in his bill.
In announcing that he was planning to introduce a bill, the Congressman said, "I am overwhelmed by the support of immigrant, faith-based and community-based organizations in urging me to introduce comprehensive immigration legislation. We simply cannot wait any longer for a bill that keeps our families together, protects our workers and allows a pathway to legalization for those who have earned it. Saying immigration is a priority for this Administration or this Congress is not the same as seeing tangible action, and the longer we wait, the more every single piece of legislation we debate will be obstructed by our failure to pass comprehensive reform."
Schumer and Lofgren Comprehensive Immigration Reform Bills. Staffers for Senate Judiciary Subcommittee on Immigration, Refugees, and Border Security Chairman Charles S. Schumer (D-NY) and House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law Chair Zoe Lofgren (D-CA) are working separately to draft comprehensive immigration reform bills.
Chairman Schumer has been very public about his plans, releasing a long set of principles that are guiding his thinking. He is working with Senators Lindsay Graham (R-SC) and Mark Warner (D-VA) to produce his bill. However, there are widespread reports, as well, that he has invited the Department of Homeland Security to produce draft language for the interior immigration enforcement, border enforcement, and legalization titles of the bill. Chairman Schumer has not indicated a timeline for when he will produce a bill.
Staff for Chairwoman Lofgren, on the other hand, has kept quiet on the Congresswoman's plans.
At the time of this writing, no hearings were scheduled for this week at which significant immigration- or refugee-related matters are expected to be discussed.
This Week’s Markups
At the time of this writing, no markups were scheduled for this week that have implications for immigration- or refugee-related matters.
This Week’s Floor Activity
At the time of this writing, floor action on two measures containing significant immigration- or refugee-related provisions were possible this week:
Senate Could Take Up Bill Funding the Department of Justice's Executive Office for Immigration Review (EOIR), Alternatives to Detention, and State Criminal Alien Assistance Program (SCAAP). The Senate this week could resume its consideration of the Senate Appropriations Committee-reported version of H.R. 2847, the Fiscal Year 2010 Commerce, Justice, Science, and Related Agencies Appropriations Act (C-J-S Appropriations Bill). The Senate first took up the bill during the week of October 5, 2009. However, Senate Majority Leader Harry Reid (D-NV) pulled the measure from the Senate floor on Wednesday, October 7, 2009, after he fell three votes short of the 60 votes he needed to invoke cloture on the bill, a process that would have shut down debate and placed mandatory limits on the amendments that can be offered to the measure. Three Democratic senators were absent during last week's cloture vote. Majority Leader Reid could bring up the cloture motion for a re-vote at any time if the three Democratic senators who were absent during last week's vote become available for a re-vote. At the time of this writing, insiders were expecting that the Senate could conduct a re-vote on cloture as soon as Wednesday, October 28 or Thursday, October 29.
The major sticking point in the Senate on H.R. 2847 is the desire by Senate Republicans for a vote on a census and immigration status amendment that has been offered by Senators David Vitter (R-LA) and Robert Bennett (R-UT). The Vitter/Bennett amendment would require the U.S. census bureau to ask every person residing in the United states about his or her citizenship and immigration status during the 2010 decennial census enumeration.
The Senate Democratic Leadership has sought to negotiate a finite list of amendments that can be offered to the bill, and it has insisted that the Vitter/Bennett amendment not be on the list. It is holding out the threat of trying again to invoke cloture on the bill as leverage during those negotiations.
Should the Senate invoke cloture 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 restriction could result in several immigration-related amendments to H.R. 2847 being barred from the Senate floor. Among the amendments that likely would be barred is the Vitter/Bennett census amendment.
If cloture is not invoked on H.R. 2847 and there is no agreement in place to voluntarily limit amendments, the bill would be open to amendment with only the narrowest rules of germaneness limiting amendments.
Depending on the parliamentary situation that the Senate faces when it resumes consideration of the measure, the Senate could take up any of the following immigration-related amendments to the bill:
1.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.
Click Here to see the text of the Vitter/Bennett Census and Immigration Status Amendment
2.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).
Click Here to see the text of the Ensign SCAAP Amendment
3.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.
Click Here to see the text of the Hutchison SCAAP Amendment
4.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.
Click Hereto see the text of the Sessions E-Verify Amendment
The Commerce, Justice, Science, and Related Agencies Appropriations Bill funds the nation's immigration court system and provides for federal reimbursements to states for the costs they bear in incarcerating criminal aliens. The measure that the Senate expects to take up 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.
House and Senate to Take Up Measure Providing Continuing Fiscal Year 2010 Appropriations for Refugee Programs.Congress this week is expected to take up a measure providing continuing appropriations for the nation's refugee admissions, overseas refugee assistance, and refugee resettlement programs. The yet-to-be-introduced measure, called a continuing appropriations resolution, also will provide continuing funding for the other departments, agencies, programs, and activities of the federal government that have not yet had their regular fiscal year 2010 appropriations bills enacted into law. through a date-to-be-determined in December. This week's House and Senate floor action is necessary because Congress has not completed work on all of the 12 regular appropraitions bills that fund the activities of the federal government for fiscal year 2010. This week's floor action will give Congress time to complete work on the measures.
House floor action on the continuing appropriations resolution is likely to occur on Thursday, October 29, 2009. The Senate is expected to act shortly thereafter.
No measures containing significant immigration- or refugee-related provisions are pending in conference committees.
Off of the House and Senate Floors
There is a lot of activity on immigration and refugee matters that is taking place outside of camera range:
House Health Care Reform Bill. The House Democratic Leadership is working to meld the the work of three House committees into a single health care reform bill that can muster the support of at least 217 Members. It is anticipated that the drafting process will be completed this week and the bill will be sent to the Congressionnal Budget Office so it can determine whether or not it is budget deficit-neutral.
Sources close to the House drafting process indicate that at the time of this writing, the bill that the House Democratic Leadership is drafting would not place additional limits on immigrants' access to health insurance beyond what was contained in the bills that were approved by the House Ways and Means, House Energy and Commerce, and House Education and Labor Committees. However, these sources indicate that the current draft of the House bill contains a regime for verifying the citizenship and/or immigration status for individuals seeking a subsidy to purchase health insurance. Neither the House Ways and Means Committee-, House Energy and Commerce Committee-, nor the House Education and Labor Committee-approved bills contain such a regime.
The House Democratic Leadership has predicted that the full House of Representatives will likely take up the health care reform bill beginning on Friday, November 6, 2009, and that consideration of the measure could continue through that weekend and into the following week.
Senate Health Care Reform Bill. The Senate Democratic Leadership is working to meld the work of the Senate Committee on Finance and the Senate Committee on Health, Education, Labor, and Pensions into a single bill that can muster at least 60 votes in the Senate.
Sources close to the drafting process indicate that there will be no substantial changes to the immigrant provisions that were contained in the Senate Finance Committee-approved version of the health care reform bill.
No timeline has been suggested for when a bill will be introduced or when the Senate will begin considering it. However, it is widely anticipated that the Senate will have the bill under consideration for three-to-four weeks once it takes up the measure.
Gutierrez Comprehensive Immigration Reform Bill.
Representative Luis V. Gutierrez (D-IL), who chairs the Congressional Hispanic Caucus' Immigration Task Force, is drafting a comprehensive immigration reform bill that he has said he will introduce sometime around Thanksgiving Day. The Congressman last week released a set of ten "core principles" for comprehensive immigration reform that he says will be embodied in his bill.
In announcing that he was planning to introduce a bill, the Congressman said, "I am overwhelmed by the support of immigrant, faith-based and community-based organizations in urging me to introduce comprehensive immigration legislation. We simply cannot wait any longer for a bill that keeps our families together, protects our workers and allows a pathway to legalization for those who have earned it. Saying immigration is a priority for this Administration or this Congress is not the same as seeing tangible action, and the longer we wait, the more every single piece of legislation we debate will be obstructed by our failure to pass comprehensive reform."
Schumer and Lofgren Comprehensive Immigration Reform Bills. Staffers for Senate Judiciary Subcommittee on Immigration, Refugees, and Border Security Chairman Charles S. Schumer (D-NY) and House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law Chair Zoe Lofgren (D-CA) are working separately to draft comprehensive immigration reform bills.
Chairman Schumer has been very public about his plans, releasing a long set of principles that are guiding his thinking. He is working with Senators Lindsay Graham (R-SC) and Mark Warner (D-VA) to produce his bill. However, there are widespread reports, as well, that he has invited the Department of Homeland Security to produce draft language for the interior immigration enforcement, border enforcement, and legalization titles of the bill. Chairman Schumer has not indicated a timeline for when he will produce a bill.
Staff for Chairwoman Lofgren, on the other hand, has kept quiet on the Congresswoman's plans.
Week of October 19, 2009
This Week’s Hearings
At the time of this writing, only one hearing was scheduled for this week at which significant immigration- or refugee-related matters are expected to be discussed:
House Foreign Affairs Committee Panel to Hold Hearing on International Violence Against Women.The House Foreign Affairs Subcommittee on International Organizations, Human Rights, and Oversight has scheduled a hearing for this week titled, "International Violence Against Women: Stories and Solutions."
Testifying at this week's hearing will be Representative Jan Schakowsky (D-IL), Melanne Verveer Ambassador-at-Large, Office of Global Women's Issues, Department of State; Mallika Dutt, Founder and Executive Director, Breakthrough; and Nicole Kidman, actress and Goodwill Ambassador, U.N. Development Fund for Women.
This week's hearing is scheduled for 2:00 pm EDT on Wednesday, October 21, 2009, in Room 2172 of the Rayburn House Office Building
This Week’s Markups
At the time of this writing, only one markup that has implications for immigration- or refugee-related matters was anticipated for this week:
House Judiciary Committee Could Markup Two Immigration Measures This Week.While it had not been officially scheduled at the time of this writing, the House Committee on the Judiciary this week could markup 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 could be the subject of a markup in the House Committee on the Judiciary this week's are:
H.R. 42, the "Commission on Wartime Relocation and Internment of Latin Americans of Japanese Descent Act; and
The House Committee on the Judiciary usually holds its markups on Wednesdays at 10:00 am. Should the Committee follow that pattern this week, the markup would take place at 10:00 am on Wednesday, October 21, 2009. All full Judiciary Committee markups are held in Room 2141 of the Rayburn House Office Building.
At the time of this writing, floor action on three measures containing significant immigration- or refugee-related provisions were possible this week:
Senate to Take Up 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.The Senate this week is expected to take up a compromise version of the fiscal year 2010 bill that funds the nation's border enforcement, interior immigration enforcement, and immigration service functions. The House of Representatives approved the conference agreement last week by a vote of 307-114. Senate adoption of the conference report would clear it for the President's consideration.
At the time of this writing, the precise day on which the Senate will take up the measure was not yet known. It is not expected to occur, however, until Tuesday or later.
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 is more controversial for what it does not contain. It rejects 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 agreeing to the conference report
Senate Could Take Up Bill Funding the Department of Justice's Executive Office for Immigration Review (EOIR), Alternatives to Detention, and State Criminal Alien Assistance Program (SCAAP). The Senate this week could resume its consideration of the Senate Appropriations Committee-reported version of H.R. 2847, the Fiscal Year 2010 Commerce, Justice, Science, and Related Agencies Appropriations Act (C-J-S Appropriations Bill). The Senate had the bill under consideration last week. However, Senate Majority Leader Harry Reid (D-NV) pulled it from the Senate floor on Wednesday, October 7, 2009, after he fell three votes short of the 60 votes he needed to invoke cloture on the bill, a process that would have shut down debate and placed mandatory limits on the amendments that can be offered to the measure. Three Democratic senators were absent during last week's cloture vote. Majority Leader Reid could bring up the cloture motion for a re-vote at any time if the three Democratic senators who were absent during last week's vote become available for a re-vote. At the time of this writing, insiders were expecting that the Senate could conduct a re-vote on cloture as soon as Wednesday, October 21 or Thursday, October 22.
The major sticking point in the Senate on H.R. 2847 is the desire by Senate Republicans for a vote on a census and immigration status amendment that has been offered by Senators David Vitter (R-LA) and Robert Bennett (R-UT). The Vitter/Bennett amendment would require the U.S. census bureau to ask every person residing in the United states about his or her citizenship and immigration status during the 2010 decennial census enumeration.
The Senate Democratic Leadership has sought to negotiate a finite list of amendments that can be offered to the bill, and it has insisted that the Vitter/Bennett amendment not be on the list. It is holding out the threat of trying again to invoke cloture on the bill as leverage during those negotiations.
Should the Senate invoke cloture 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 restriction could result in several immigration-related amendments to H.R. 2847 being barred from the Senate floor. Among the amendments that likely would be barred is the Vitter/Bennett census amendment.
If cloture is not invoked on H.R. 2847 and there is no agreement in place to voluntarily limit amendments, the bill would be open to amendment with only the narrowest rules of germaneness limiting amendments.
Depending on the parliamentary situation that the Senate faces when it resumes consideration of the measure, the Senate could take up any of the following immigration-related amendments to the bill:
1.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.
Click Here to see the text of the Vitter/Bennett Census and Immigration Status Amendment
2.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).
Click Here to see the text of the Ensign SCAAP Amendment
3.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.
Click Here to see the text of the Hutchison SCAAP Amendment
4.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.
Click Here to see the text of the Sessions E-Verify Amendment
The Commerce, Justice, Science, and Related Agencies Appropriations Bill funds the nation's immigration court system and provides for federal reimbursements to states for the costs they bear in incarcerating criminal aliens. The measure that the Senate expects to take up 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.
House to Take Up Measure Containing Potentially Controversial Changes to the Nation's Alien Smuggling Laws.This full House of Representatives this week is expected to take up a measure containing 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. This week's House action is set to occur in connection with H.R. 3619, the Coast Guard Authorization Act of 2010. Title XII of the measure is comprised of the text of a H.R. 1029, the Alien Smuggling and Terrorism Prevention Act, which the House of Representatives passed on March 31, 2009, by a voice vote.
House floor action on H.R. 3619 is expected to occur on either Wednesday or Thursday, October 21, 2009 through October 22, 2009.
Click Hereto see a copy of H. Rept. 111-303, Part 1, the report accompanying H.R. 3619
This Week's Conference Activity
No measures containing significant immigration- or refugee-related provisions are pending in conference committees.
Off of the House and Senate Floors
There is a lot of activity on immigration and refugee matters that is taking place outside of camera range:
House Health Care Reform Bill. The House Democratic Leadership is working to meld the the work of three House committees into a single health care reform bill that can muster the support of at least 218 Members. It is anticipated that the drafting process will be completed this week and the bill will be sent to the Congressionnal Budget Office so it can determine whether or not it is budget deficit-neutral.
Sources close to the drafting process indicate that the bill that the House Democratic Leadership is drafting will place more limits on immigrants' access to health insurance than either of the bills that were produced by the House Ways and Means, House Energy and Commerce, and House Education and Labor Committees.
The House Democratic Leadership has predicted that the full House of Representatives will not likely take up the health care reform bill until early November, at the earliest.
Senate Health Care Reform Bill. The Senate Democratic Leadership is working to meld the the work of the Senate Committee on Finance and the Senate Committee on Health, Education, Labor, and Pensions into a single bill that can muster at least 60 votes in the Senate.
Sources close to the drafting process indicate that the bill will not make substantial changes to the immigrant provisions that were contained in the Senate Finance Committee-approved version of the health care reform bill.
Sources suggest that the three senators who are working on combining the three bills: Senators Max Baucus (D-MT), Christopher Dodd (D-CT), and Tom Harkin (D-IA) could complete their work by Thursday or Friday of this week and forward the product to the Congressional Budget Office (CBO) so it can determine whether or not it is budget deficit-neutral.
Senate Majority Leader Reid has suggested that the full Senate will take up the bill during the week of October 31, 2009.
Gutierrez Comprehensive Immigration Reform Bill. Representative Luis V. Gutierrez (D-IL), who chairs the Congressional Hispanic Caucus' Immigration Task Force, is drafting a comprehensive immigration reform bill that he has said he will introduce sometime around Thanksgiving Day. The Congressman last week released a set of ten "core principles" for comprehensive immigration reform that he says will be embodied in his bill.
In announcing that he was planning to introduce a bill, the Congressman said, "I am overwhelmed by the support of immigrant, faith-based and community-based organizations in urging me to introduce comprehensive immigration legislation. We simply cannot wait any longer for a bill that keeps our families together, protects our workers and allows a pathway to legalization for those who have earned it.Saying immigration is a priority for this Administration or this Congress is not the same as seeing tangible action, and the longer we wait, the more every single piece of legislation we debate will be obstructed by our failure to pass comprehensive reform."
Schumer and Lofgren Comprehensive Immigration Reform Bills. Staffers for Senate Judiciary Subcommittee on Immigration, Refugees, and Border Security Chairman Charles S. Schumer (D-NY) and House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law Chair Zoe Lofgren (D-CA) are working separately to draft comprehensive immigration reform bills.
Chairman Schumer has been very public about his plans, releasing a long set of principles that are guiding his thinking. He is working with Senators Lindsay Graham (R-SC) and Mark Warner (D-VA) to produce his bill. However, there are widespread reports, as well, that he has invited the Department of Homeland Security to produce draft language for the interior immigration enforcement, border enforcement, and legalization titles of the bill. Chairman Schumer has not indicated a timeline for when he will produce a bill.
Staff for Chairwoman Lofgren, on the other hand, has kept quiet on the Congresswoman's plans.
Week of October 12, 2009
This Week’s Hearings
At the time of this writing, no hearings were scheduled for this week at which significant immigration- or refugee-related matters are expected to be discussed:
This Week’s Markups
Two markups that have implications for immigration- or refugee-related matters are scheduled for this week:
Senate Finance Committee to Complete Consideration of Baucus Health Care Reform Bill Containing Immigrant Restrictions.The Senate Committee on Finance is expected to hold a markup session this week to complete its consideration of the Baucus health care reform bill.
This week's markup session is scheduled to occur at 10:00 am on Tuesday, October 13, 2009., in Room SH-216 of the Hart Senate Office Building.
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.
House Judiciary Committee To Markup Two Immigration Measures This Week.The House Committee on the Judiciaryhas scheduled a markup for this week to continue its 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 are the subject of this week's markup are:
H.R. 42, the "Commission on Wartime Relocation and Internment of Latin Americans of Japanese Descent Act; and
At the time of this writing, two floor actions on measures containing significant immigration- or refugee-related provisions were possible this week:
Fiscal Year 2010 Appropriations for the Immigration Court System, Alternatives to Detention, and State Criminal Alien Reimbursement. The Senate this week is expected to complete its consideration of theSenate Appropriations Committee-reported version of H.R. 2847, the Fiscal Year 2010 Commerce, Justice, Science, and Related Agencies Appropriations Bill.
The Senate is expected to vote on whether to end debate and limit amendments to the measure (invoke cloture) at 5:30 pm EDT on Tuesday, October 13, 2009.
The Senate will take up at least one immigration-related amendment when it resumes its consideration of H.R. 2847, and at least three others 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.
The Vitter/Bennett Census and Immigration Status amendment could be voted on as soon as October 13.
Click Hereto see the text of the Vitter/Bennett Census and Immigration Status Amendment
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).
Click Hereto see the text of the Ensign SCAAP Amendment
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.
Click Here to see the text of the Hutchison SCAAP Amendment
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.
Click Hereto see the text of the Sessions E-Verify Amendment
The Commerce, Justice, Science, and Related Agencies Appropriations Bill funds the nation's immigration court system and provides for federal reimbursements to states for the costs they bear in incarcerating criminal aliens. The measure that the Senate is considering 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 has sought to terminate.
Long-Term Extension of the E-Verify, Investor Visa Regional Centers, Religious Worker Visa, and Conrad 30 J-1 Programs; Appropriations for Border Fencing; the 287(g) Program; and SSA No-Match. The House this week could take up the compromise Fiscal year 2010 Homeland Security Appropriations Act, which funds the federal government's immigration enforcement, border security, and immigration services functions. A conference committee last week reached agreement on settling the differences between the House-passed and Senate-passed versions of the measure.
The House Democratic Leadership anticipates bringing the conference report before the full House of Representatives on Friday, October 16, 2009.
The two versions of the Homeland Security Appropriations bill contained significant differences on immigration policy and funding. Each year, the Homeland Security Appropriations bill funds the federal government's immigration enforcement, border security, and immigration services functions. There are significant immigration policy differences between the two versions of this year's bill, including differences on the E-Verify Program; SSA No-Match letters; border fencing; and visa programs for religious workers, investors, and doctors.
No measures containing significant immigration- or refugee-related provisions are pending in conference committees.
Off of the House and Senate Floors
There is a lot of activity on immigration and refugee matters that is taking place outside of camera range:
House Health Care Reform Bill. The House Democratic Leadership is working to meld the the work of three House committees on health care reform into a single bill that can muster the support of at least 218 Members. The House Leadership has privately predicted that the full House of Representatives will not likely take up its health care reform bill until Late October, at the earliest.
Senate Health Care Reform Bill. The Senate Democratic Leadership is working to meld the the work of the Senate Committee on Finance and the Senate Committee on Health, Education, Labor, and Pensions into a single bill that can muster at least 60 votes in the Senate. Senate Majority Leader Reid at one time voiced his desire to bring a health care reform bill before the full Senate on Tuesday, October 13, 2009. However, moderate Democrats in the Senate have forced a later consideration.
Comprehensive Immigration Reform Rally, Vigil, and Lobby Day. Representative Luis Gutierrez (D-IL) and Senator Bob Menendez (D-NJ) are expected this week to headline a group of Members and Senators who will speak at what is being called a vigil on the West lawn of the U.S. Capitol Building in support of the enactment of comprehensive immigration reform legislation. In addition to Representative Gutierrez and Sentor Menendez, Representative Nydia Velazquez (D-NY), Chair of the Congressional Hispanic Caucus; and Representative Mike Honda, Chairman of the Congressional Asian and Pacific American Caucus also are scheduled to participate in the vigil.
The vigil is scheduled to take place from 3:00 pm EDT until 6:00 pm EDT on Tuesday, October 13, 2009. The Members and Senators are expected to participate between 3:30 pm EDT and 4:00 pm EDT.
Participating in the vigil and the accompanying lobby day will be thousands of persons representing at least 15 states from across the country who support comprehensive immigration reform.
Gutierrez Comprehensive Immigration Reform Principles. Representative Luis V. Gutierrez (D-IL), who chairs the Congressional Hispanic Caucus' Immigration Task Force, is expected this week to release a set of general principles for immigration reform legislation. The Congressman pledged during a September 17, 2009, National Citizenship Day celebration in Washington, DC., to introduce a comprehensive immigration reform bill in the coming weeks.That timetable seems to have been slowed, however. Instead of introducing the text of a bill, he is expected to release his "principles" on Tuesday, October 13.
In announcing that he was planning to introduce a bill, the Congressman said, "I am overwhelmed by the support of immigrant, faith-based and community-based organizations in urging me to introduce comprehensive immigration legislation. We simply cannot wait any longer for a bill that keeps our families together, protects our workers and allows a pathway to legalization for those who have earned it.Saying immigration is a priority for this Administration or this Congress is not the same as seeing tangible action, and the longer we wait, the more every single piece of legislation we debate will be obstructed by our failure to pass comprehensive reform."
It is unclear at the time of this writing how closely the bill that the Congressman is writing will hue to the provisions in H.R. 1645, comprehensive immigration reform legislation that Gutierrez introduced during the 110th Congress along with Representative Jeff Flake (R-A).That bill was known as the "Security Through Regularized Immigration and a Vibrant Economy Act of 2007" Act, or the STRIVE Act.
Drafting of Comprehensive Immigration Reform Legislation. Staffers for at least three members of the House or Senate are busily drafting their respective versions of comprehensive immigration reform legislation. Very public drafting efforts are underway by staffers for Senate Judiciary Subcommittee on Immigration, Refugees, and Border Security Chairman Charles S. Schumer (D-NY) and Congressional Hispanic Caucus Immigration Task Force Chairman Luis V. Gutierrez (D-IL). A more quiet drafting effort is underway by the staff of House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law Chair Zoe Lofgren (D-CA). Senator Schumer and Representative Gutierrez have previously promised to unveil their drafts soon. Representative Lofgren, on the other hand, has made no such commitment.
Week of October 5, 2009
This Week’s Hearings
Two hearings are scheduled for this week at which significant immigration- or refugee-related matters are expected to be discussed:
Faith-Based Perspectives on Comprehensive Immigration Reform.The Senate Judiciary Subcommittee on Immigration, Refugees, and Border Security has scheduled a hearing for this week on faith-based perspectives on comprehensive immigration reform. Among the witnesses who are scheduled to testify at this week's hearing are Richard Land, President, Ethics and Religious Liberty Commission, Southern Baptist Convention, Nashville, Tennessee; 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.
The hearing is scheduled for 3:00 pm on Thursday, October 8, 2009, in Room SD-226 of the Dirksen Senate Office Building.
Human Rights Violators and Asylum.The Senate Judiciary Subcommittee on Human Rights and the Law has scheduled a hearing for this week on human rights violations and asylum. Among the witnesses who are scheduled to testify at tthe hearing are 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.
The hearing is scheduled for 10:00 am on Tuesday, October 6, 2009, in Room SD-226 of the Dirksen Senate Office Building.
This Week’s Markups
At the time of this writing, no markups that have implications for immigration- or refugee-related matters had been officially scheduled for this week. However, two such markups seemed likely:
Senate Finance Committee to Complete Consideration of Baucus Health Care Reform Bill Containing Immigrant Restrictions.The Senate Committee on Finance is likely to hold a markup this week to complete its consideration of the Baucus health care reform bill.
The Committee has held seven days of markup over two weeks, considering more than 100 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.
No date or time for this week's markup was known at the time of this writing. However, Chairman Baucus has said he hopes to conduct the markup on Tuesday, October 6, 2009. When it occurs, it is expected to take place in Room SD-215 of the Dirksen Senate Office Building.
House Judiciary Committee Could Markup Three Immigration Measures This Week.While it had not been officially scheduled at the time of this writing, the full House Committee on the Judiciarycould as soon as this week markup three 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 three bills that would be the subject of the markup are:
H.J. Res. 26, 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
Should a full Committee markup take place this week, it likely would take place at 10:00 am on Wednesday, September 30, 2009. All House Judiciary Committee markups are held in Room 2141 of the Rayburn House Office Building.
Two floor actions on measures containing significant immigration- or refugee-related provisions are possible this week:
Fiscal Year 2010 Appropriations for the Immigration Court System, Alternatives to Detention, and State Criminal Alien Reimbursement. The Senate is expected to take up theSenate Appropriations Committee-reported version of H.R. 2847, the Fiscal Year 2010 Commerce, Justice, Science, and Related Agencies Appropriations Bill.
While the Senate is expected to take up the bill today, it will not vote on any amendments to the measure until later in the week.
H.R. 2847 funds the nation's immigration court system and federal reimbursements to states for the costs they bear in incarcerating criminal aliens. The measure that the Senate expects to take up 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.
Long-Term Extension of the E-Verify, Investor Visas, Religious Worker Visa, and Conrad 30 J-1 Programs; Border Fencing; the 287(g) Program; and SSA No-Match. The House could take up the conference report accompanying H.R. 2892, the Fiscal Year 2010 Homeland Security Appropriations Act, should House and Senate conferees reach an agreement on the measure this week. There are significant immigration-related differences between the House-passed and Senate-passed versions of H.R. 2892, the Fiscal Year 2010 Homeland Security Appropriations Act. The differences between the two versions of the bill include differences on the E-Verify Program, SSA No-Match letters, border fencing and visa programs for religious workers, investors, and doctors.
Long-Term Extension of the E-Verify, Investor Visas, Religious Worker Visa, and Conrad 30 J-1 Programs; Border Fencing; the 287(g) Program; and SSA No-Match. A conference committee has been established and could meet at any time to resolve the significant differences between the House-passed and Senate-passed versions of H.R. 2892, the Fiscal Year 2010 Homeland Security Appropriations Act.
Each year, the Homeland Security Appropriations bill funds the federal government's immigration enforcement, border security, and immigration services functions. There are significant immigration policy differences between the two versions of this year's bill, including differences on the E-Verify Program; SSA No-Match letters; border fencing; and visa programs for religious workers, investors, and doctors.
Only one measure containing significant immigration- or refugee-related provisions has been passed by both the House and Senate and is ready to go to conference:
Long-Term Extension of the E-Verify, Investor Visas, Religious Worker Visa, and Conrad 30 J-1 Programs; Border Fencing; the 287(g) Program; and SSA No-Match. A conference committee has been established and could meet at any time to resolve the significant differences between the House-passed and Senate-passed versions of H.R. 2892, the Fiscal Year 2010 Homeland Security Appropriations Act.
Each year, the Homeland Security Appropriations bill funds the federal government's immigration enforcement, border security, and immigration services functions. There are significant immigration policy differences between the two versions of this year's bill, including differences on the E-Verify Program; SSA No-Match letters; border fencing; and visa programs for religious workers, investors, and doctors.
House Health Care Reform Bill. The House Democratic Leadership is working to meld the the work of three House committees on health care reform into a single bill that can muster at least 218 votes in the House. The House Leadership has privately predicted that the full House of Representatives will not likely take up its health care reform bill until Late October, at the earliest.
Senate Health Care Reform Bill. The Senate Democratic Leadership is working to meld the the work of the Senate Committee on Finance and the Senate Committee on Health, Education, Labor, and Pensions into a single bill that can muster at least 60 votes in the Senate. Senate Majority Leader Reid has indicated his desire to bring a health care reform bill before the full Senate on Tuesday, October 13, 2009. However, moderate Democrats in the Senate may force later consideration to give the Congressional Budget Office time to complete its score of the bill's cost.
Negotiations on Immigration Issues in the Homeland Security Appropriations Bill. House and Senate negotiators are working to ironing out the remaining differences between them on the Fiscal Year 2010 Homeland Security Appropriations Bill, which contains numerous controversial immigration policy riders, as well as long-term extensions of three relatively noncontroversial visa programs. Negotiators are working against an October 31, 2009 deadline. That is the date on which current funding for the Department of Homeland Security expires.
Drafting of Comprehensive Immigration Reform Legislation. Staffers for at least three members of the House or Senate are busily drafting their respective versions of comprehensive immigration reform legislation. Very public drafting efforts are underway by staffers for Senate Judiciary Subcommittee on Immigration, Refugees, and Border Security Chairman Charles S. Schumer (D-NY) and Congressional Hispanic Caucus Immigration Task Force Chairman Luis V. Gutierrez (D-IL). A more quiet drafting effort is underway by the staff of House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law Chair Zoe Lofgren (D-CA). Senator Schumer and Representative Gutierrez have previously promised to unveil their drafts soon. Representative Lofgren, on the other hand, has made no such promise.
Each year, the Homeland Security Appropriations bill funds the federal government's immigration enforcement, border security, and immigration services functions. There are significant immigration policy differences between the two versions of this year's bill, including differences on the E-Verify Program; SSA No-Match letters; border fencing; and visa programs for religious workers, investors, and doctors. Click Here for more information...
Week of September 28, 2009
This Week’s Hearings
Only one hearing is scheduled for this week at which significant immigration- or refugee-related matters are expected to be discussed:
Senate Homeland Security Committee to Hold Hearing on Terrorist Threat to the United States.The Senate Committee on Homeland Security and Governmental Affairs has scheduled a hearing for this week on terrorist threats to the United States. Scheduled to testify at the are Secretary of Homeland Security Janet Napolitano and FBI Director Robert S. Mueller III.
This week's hearing is being held in Room SD-342 of the Dirksen Senate Office Building.
This Week’s Markups
At the time of this writing, one markup that has implications for immigration- or refugee-related matters had been officially scheduled for this week in the Senate. A second markup could occur in the House of Representatives:
Senate Finance Committee to Resume Markup of Baucus Health Care Reform Bill Containing Immigrant Restrictions.The Senate Committee on Finance is scheduled this week to resume its marathon markup of health care reform legislation. The Baucus Chairman's Mark of the measure contains a number of provisions that would restrict the ability of both legal and illegal immigrants to obtain health insurance. Senators on the Committee have filed 564 amendments to the Chairman's Mark, including at least 11 immigration-related ones.
This week's first Finance Committee markup session is scheduled for 9:30 am on Tuesday, September 29, 2009, in Room SH-516 of the Hart Senate Office Building. A second session is scheduled for Wednesday, September 30, 2009, in the same location.
House Judiciary Committee Could Markup Three Immigration Measures This Week.While it had not been officially scheduled at the time of this writing, the full House Committee on the Judiciary could as soon as this week markup three 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 three bills that would be the subject of the markup are:
H.J. Res. 26, 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
Should a full Committee markup take place this week, it likely would take place at 10:00 am on Wednesday, September 30, 2009. All House Judiciary Committee markups are held in Room 2141 of the Rayburn House Office Building.
Only one measure containing significant immigration- or refugee-related provisions is likely to see floor action this week:
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 Senate this week is expected to take up a measure containing a month-long extension of the controversial E-Verify program, which is set to expire at Midnight on Thursday, October 1, 2009. In addition to extending the E-Verify Program, the measure that the Senate will take up also would extend 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.
This week's Senate floor action is expected to occur 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 that would extend the four expiring immigration programs are contained in that Division.
The Senate is expected to take up the conference report on either Tuesday, September 29, 2009 or Wednesday, September 30, 2009. 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
Only one measure containing significant immigration- or refugee-related provisions has been passed by both the House and Senate and is ready to go to conference:
Long-Term Extension of the E-Verify, Investor Visas, Religious Workers, and Conrad 30 J-1 Programs; Border Fencing; the 287(g) Program; and SSA No-Match. A confererence committee could be convened as soon as this week to resolve the significant differences between the House-passed and Senate-passed versions of H.R. 2892, the Fiscal Year 2010 Homeland Security Appropriations Act.
Each year, the Homeland Security Appropriations bill funds the federal government's immigration enforcement, border security, and immigration services functions. There are significant policy differences between the two versions of this year's bill, including differences on the E-Verify Program; SSA No-Match letters; border fencing; and visa programs for religious workers, investors, and doctors.
The significant policy differences between the two versions of the bill include differences on the E-Verify Program, SSA No-Match letters, border fencing and visa programs for religious workers, investors, and doctors.
Health Care Reform Bill. The House Democratic Leadership is working to meld the the work of three House committees on health care reform into a single bill that can muster at least 218 votes in the House.
Week of September 21, 2009
This Week’s Hearings
No hearings are scheduled for this week at which significant immigration- or refugee-related matters are expected to be discussed.
This Week’s Markups
At the time of this writing, one markup that have implications for immigration- or refugee-related matters had been officially scheduled for this week in the House or Senate. A second and third markup have not yet been officially scheduled but are likely to occur this week:
Senate Finance Committee to Begin Markup of Baucus Health Care Reform Bill Containing Immigrant Restrictions.The Senate Committee on Finance is scheduled this week to begin what is expected to be a marathon, week-long markup of health care reform legislation. The Baucus Chairman's Mark of the measure contains a number of provisions that would restrict the ability of both legal and illegal immigrants to obtain health insurance. Senators on the Committee have filed 564 amendments to the Chairman's Mark, including at least 11 immigration-related ones.
The first Finance Committee markup session is scheduled for 9:00 am on Tuesday, September 22, 2009, in Room SH-516 of the Hart Senate Office Building. The Committee has set aside time on each subsequent day this week to continue the markup.
House Energy and Cmmerce Committee to Markup Supplementary Health Care Reform Mesaure.While it had not been officially noticed at the time of this writing, the House Committee on Energy and Commerce is planning this week to continue its consideration of health care reform legislation, marking up a supplementary health care reform bill consisting of amendments left over from the committee's consideration in July of H.R. 3200, the "America's Affordable Health Choices Act of 2009."
It is anticipated that this week's House Energy and Commerce Committee markup will occur at 10:00 am on Wednesday, September 23, 2009, in Room 2123 of the Rayburn House Office Building.
House Judiciary Committee Could Markup Three Immigration Measures This Week.While it had not been officially scheduled as of the time of this writing, the full House Committee on the Judiciary could as soon as this week markup three 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 three bills that would be the subject of the markup are:
H.J. Res. 26, 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
The normal time for the committee to markup the measure would be 10:00 am on Wednesday, September 23, 2009. However, a Subcommittee hearing is already scheduled for this week on that date and time.
This Week’s Floor Activity
Only one measure containing significant immigration- or refugee-related provisions is likely to see floor action this week:
E-Verify, Investor Visas, Religious Workers, Conrad 30, and the Fiscal Year 2010 Continuing Appropriations Resolution.The full House of Representatives this week could take up legislation providing for an extension of the controversial E-Verify Program, which is set to expire at the end of September. This week's House action, if it occurs, is expected to take place in connection with a yet-to-be-introduced continuing appropriations resolution to fund the operations of the federal government for the first weeks of fiscal year 2010. The continuing appropriations resolution is necessary because Congress is not expected to complete action on all of the 12 regular appropriations bills that fund the federal government's agencies, departments, programs and activities.
It is thought that if an extension of the E-Verify Program is included in this week's continuing appropriations resolution, it will likely be a short-term extension that keeps the program running for the duration of the continuing appropriations bill, which insiders say will be about a month. Interested immigration advocates are pressing Congress to include more than just a short-term extension of the E-Verify Program in this week's continuing appropriations measure. They are encouraging Congress to include a short-term reprieve for three other immigration programs: the EB-5 Investor Regional Centers, Special Immigrant Non-Immigrant Religious Worker, and Conrad 30 State visa programs, as well. Those three programs are set to expire at the end of September, as well.
This week's House action, if it occurs, could take place as soon as Wednesday, September 23, 2009. The Senate is expected to follow shortly afterward with its consideration of the Fiscal Year 2010 Continuing Appropriations Resolution.
This Week’s Conference Activity
Only one measure containing significant immigration- or refugee-related provisions has been passed by both the House and Senate and is ready to go to conference:
E-Verify, Border Fencing, 287(g) Program, Investor Visas, Religious Workers, Conrad 30, and the Fiscal Year 2010 Homeland Security Appropopriations Bill.Staff level discussions are expected to continue this week between the House and Senate Appropriations Committees in an effort to resolve the significant differences between the House-passed and Senate-passed versions H.R. 2892, the Fiscal Year 2010 Homeland Security Appropriations Act. That measure funds immigration enforcement, immigration services, and border security departments, agencies, programs, activities, and functions of federal government. Congress must resolve the differing versions of the measure by October 1, 2009, the date on which fiscal year 2010 begins. The two versions of the measure differ significantly on immigration policy matters, as well as in appropriations for the U.S. Citizenship and Immigration Services component of the Department of Homeland security.
The significant policy differences between the two version of the bill include differences on the E-Verify System, SSA No-Match letters, border fencing, and visa programs for religious worker and doctors. Conferees could meet at any time, beginning this week, to begin the formal process of resolving differences between the two versions of the measure. However, it seems more likely that the conferees will not formally meet until next week or later.
Off of the House and Senate Floors
Negotiators in both the House and Senate are expected to continue their efforts to reach compromises in their respective chambers on healthcare reform legislation.
Negotiators in both the House and Senate are expected to continue their efforts to reach compromises on a number of contentious immigration-related provisions in the Fiscal year 2010 Homeland Security Apropriations Bill.
Senate Finance Committee Chairman Max Baucus (D-MT) is expected to introduce his version of a health care reform bill that is expected to contain provisions relating to the eligibility of immigrants to purchase health insurance.
Week of September 14, 2009
This Week’s Hearings
Two hearings are scheduled for this week at which significant immigration- or refugee-related matters are expected to be discussed:
House Panel to Hold Hearing on the Secure Border Initiative. The House Homeland Security Subcommittee on Border, Maritime, and Global Counterterrorism has scheduled a hearing for this week on the Secure Border Initiative program This week's hearing is scheduled to take place on Thursday, September 17, 2009, in Room 311 of the Cannon House Office Building.
Senate Judiciary Committee to Hold Oversight Hearing on the FBI. The Senate Committee on the Judiciary has scheduled an oversight hearing for this week on the operations of the Federal Bureau of Investigation (FBI). This week's hearing is scheduled for Wednesday, September 16, 2009, in Room SD-226 of the Dirksen Senate Office Building.
This Week’s Markups
At the time of this writing, no markups that have implications for immigration- or refugee-related matters had been officially scheduled for this week in the House or Senate. Notwithstanding the lack of officially scheduled markups, however, the following four immigration-related bills have been approved by the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law and could be marked up as soon as this week by the full House Committee on the Judiciary:
House Judiciary Committee Could Markup Four Immigration Measures This Week. While it had not been officially scheduled as of the time of this writing, the full House Committee on the Judiciary could as soon as this week markup four 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. Should the full Committee markup take place, it is likely to occur at 10:00 am on Wednesday, September 16, 2009, in Room 2141 of the Rayburn House Office Building.
H.R. 3290, the "September 11 Family Humanitarian Relief and Patriotism Act of 2009";
H.J. Res. 26, 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
Only one measure containing significant immigration- or refugee-related provisions is likely to see floor action this week:
Fiscal Year 2010 Appropriations the Immigration Court System and State Criminal Alien Reimbursement. This week's expected Senate action will occur in connection with theSenate Appropriations Committee-reported version of H.R. 2847, the Fiscal Year 2010 Commerce, Justice, Science, and Related Agencies Appropriations Bill.0. While it had not yet been officially scheduled at the time of this writing, the full Senate could as soon as this week take up the Senate version of the fiscal year 2010 appropriations bill that funds the nation's immigration court system and federal reimbursements to states for the costs they bear in incarcerating criminal aliens. The measure that the Senate expects to take up 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.
This Week’s Conference Activity
Only one measure containing significant immigration- or refugee-related provisions has been passed by both the House and Senate and is ready to go to conference:
Fiscal Year 2010 Appropriations the Department of Homeland Security. Preliminary discussions are expected to occur this week between House and Senate Appropriations Committee staff on resolving the significant differences between the House-passed and Senate-passed versions H.R. 2892, the Fiscal Year 2010 Homeland Security Appropriations Act. That measure funds immigration enforcement, immigration services, and border security departments, agencies, programs, activities, and functions of federal government. Congress must resolve the differing versions of the measure by October 1, 2009, the date on which fiscal year 2010 begins. The two versions of the measure differ significantly on immigration policy matters, as well as in appropriations for the U.S. Citizenship and Immigration Services component of the Department of Homeland security.
The significant policy differences between the two version of the bill include differences on the E-Verify System, SSA No-Match letters, border fencing, and visa programs for religious worker and doctors. Conferees could meet at any time, beginning this week, to begin the formal process of resolving differences between the two versions of the measure. However, it seems more likely that the conferees will not formally meet until next week or later.
Off of the House and Senate Floors
Negotiators in both the House and Senate are expected to continue their efforts to reach compromises in their respective chambers on healthcare reform legislation.
Negotiators in both the House and Senate are expected to continue their efforts to reach compromises on a number of contentious immigration-related provisions in the Fiscal year 2010 Homeland Security Apropriations Bill.
Senate Finance Committee Chairman Max Baucus (D-MT) is expected to introduce his version of a health care reform bill that is expected to contain provisions relating to the eligibility of immigrants to purchase health insurance.
The Congressional Hispanic Caucus Institute holds a policy conference at which immigration matters are expected to be featured.
