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Another Week of Hearings and Markups In Store As the Aftermath of Arizona and the Politics of CIR Dominate Behind the Scenes Action on Immigration and Refugee Legislation
By Micheal E. Hill
Monday, April 26, 2010 -- 2:59 am EDT
**Updated April 26, 2010 at 11:27 am**
Five hearings on immigration matters and at least one markup of a refugee-related bill are on Congress's schedule for the week of April 26, 2010. However, despite a relatively heavy list of scheduled events, two matters that are not on the schedule will likely dominate Congress's immigration agenda during the week: the aftermath of the enactment of a tough new immigration enforcement law in Arizona and the continuing soap opera over whether and when the Senate will take up comprehensive immigration reform (CIR) legislation.
Arizona Aftermath
As the week of April 26 began, pro-immigrant advocates around the country were preparing lawsuits seeking to enjoin Arizona from carrying out the just enacted “Support Our Law Enforcement and Safe Neighborhoods Act." Also, prompted by a suggestion from Representative Raul Grijalva (D-AZ), pro-immigrant avocates are busy organizing an economic boycott against the State of Arizona and its businesses to protest the new law. Members of Congress, too, are weighing in on the new Arizona law, with hardly an interview occuring in which a Member or Senator is not asked about the measure.
Comprehensive Immigration Reform
On the CIR front, an already tumultous behind-the-scenes picture became even more muddy over the weekend as Senators Lindsey Graham (R-SC) and John McCain (R-AZ), the erstwhile GOP champions of comprehensive immigration reform in the Senate, continued to back away from previous expressions of support and a number of other GOP senators expressed their opposition to taking up CIR legislation.
As the week of April 19 began, pro-immigant advocates were pessimistic about the chances for Senate consideration of CIR legislation during the 111th Congress. However, by midway through the week, advocates had reason to be optimistic. The Senate Democratic Leadership appeared to be committed to moving a CIR bill to the Senate floor, hinting that the Senate might take up the measure sometime between the end of the Memorial Day recess and the beginning of the July 4 recess; numerous press reports indicated that Senate Majority Leader Harry Reid (D-NV) and Speaker of the House Nancy Pelosi (D-CA) had agreed to bring a CIR bill before the full Senate before the Senate takes up climate change legislation; and President Obama had made calls from Air Force One to a number of Republican senators in an attempt to recruit GOP cosponsors for the yet-to-be-written CIR bill.
Unfortunately for pro-immigrant advocates, their optimism did not last long. As the week of April 19 drew to a close, a familiar pattern had begun to emerge. Senator Graham threw a wrench into the CIR machinery on Saturday, April 24, when he angrily threatened to withdraw his participation in the writing of climate change bill if Democrats move a CIR bill to the Senate floor first. Graham's threat began a cascade of statements and recriminations from other senators and has placed Majority Leader Reid under intense pressure to back away from earlier press reports that he would move a CIR bill through the Senate before moving climate change legislation.
Even though the week begins with a renewed sense of pessimism, Senate Judiciary Subcommittee on Immigration, Refugees, and Border Security Chairman Charles S. Schumer (D-NY) is expected this week to intensify his efforts to find "a second Republican" to go along with Senator Lindsey Graham to cosponsor the yet-to-be-written CIR bill. Reports indicate that Chairman Schumer has scheduled meetings this week with Senators Scott Brown (R-MA), Lisa Murkowski (R-AK), George LeMieux (R-FL), Dick Lugar (R-IN) and Judd Gregg (R-NH), all GOP senators who President Obama called on the issue last week in an effort to find Republicans to support a CIR bill.
This Week's Hearings, Markups, and Floor Action
In the meantime, Congress is entering week three of a seven week-long stretch that is expected to be dominated by jobs bills and skirmishing on budget and appropriations matters. Although three immigration- and refugee-related bills have cleared their respective committees and could be taken up by the full Senate at any time, this week's immigration- and refugee-related legislative activity is likely to be limited to five hearings (three in the House and two in the Senate) and a Senate markup of a bill that contains a number of refugee admissions and processing reforms.
This week's potential congressional immigration- and refugee-related action includes:
- Oversight Over the Immigration Functions of the Department of Homeland Security. The Senate Committee on the Judiciary has scheduled a hearing for this week titled, "Oversight of the Department of Homeland Security." The hearing will examine the operations of the Department of Homeland Security that are under the Judiciary Committee's jurisdiction. Testifying at the hearing will be Janet Napolitano, Secretary of Homeland Security. Senators are expected to address a number of immigration-related questions at the hearing, including questions about the immigration enforcement, border security, immigration services, the practices of Maricopa County, Arizona Sheriff Joe Arpaio, and the new immigration enforcement law in Arizona;
- Fiscal Year 2010 Appropriations for the Department of Justice. The Senate Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies has scheduled a hearing for this week on fiscal year 2011 appropriations for the Department of Justice, which is the parent agency for the Executive Office for Immigration Review (EOIR). Testifying at the hearing will be Attorney General Eric H. Holder, Jr., and Glenn A. Fine, Department of Justice Inspector General;
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Refugee Admissions and Overseas Refugee Assistance Funding and Reforms. The Senate Committee on Foreign Relations has scheduled a markup for this week at which it has scheduled consideration of S. 2971, the Foreign Relations Authorization Act. As introduced, S. 2971 would authorize funding for the refugee admissions and overseas assistance programs carried out by the Department of State through its Migration and Refugeee Assistance (MRA) account; double the maximum amount of funds that can be held in the Emergency Refugee and Migration Assistance (ERMA) account from $100 MILLION to $200 MILLION; and make a number of refugee processing reforms aimed at making it easier for applicants for refugee status to navigate the refugee processing system;
- Torture Victims Assistance Reauthorization Act of 2009. Possible Senate floor consideration (by unanimous consent) of S. 2839, the Torture Victims Assistance Reauthorization Act of 2009. As approved by the Senate Committee on Foreign Relations, the measure would authorize $25 MILLION in each of fiscal years 2011 and 2012 to assist domestic torture victims. Under the measure, funding would flow through the Department of Health and Human Services Office of Refugee Resettlement, which would provide grants to domestic torture treatment centers and programs. In addition to authorizing funding for torture victims who reside in the United States, S. 2839 also would authorize $12 MILLION in each of fiscal years 2011 and 2012 for the president to provide grants to foreign programs and centers that treat torture victims;
- Refugee Opportunity Act. Possible Senate floor consideration (by unanimous consent) of S. 2960, the Refugee Opportunity Act, which was introduced in the Senate by Senate Judiciary Commitee Chairman Patrick Leahy (D-VT) and Senate Foreign Relations Committee Ranking Republican Richard Lugar R-IN). As approved by the Committee, S. 2960 would exempt aliens who have been admitted as refugees or granted asylum and are employed overseas by the Federal Government from the one-year-long physical presence requirement for adjustment of status to that of aliens lawfully admitted for permanent residence; and
- Return of Talent Act. Possible Senate floor consideration (by unanimous consent) of S. 2974, the "Return of Talent Act," which was introduced in the Senate by Senate Foreign Relations Committee Ranking Republican Richard Lugar (R-IN) and Senate Judiciary Committee Chairman Patrick Leahy (D-VT). As approved by the Committee, S. 2974 would establish a new program, called the "Return of Talent Program." The new program would allow up to 1,000 aliens per year who are legally present in the United States to return temporarily to the country of their citizenship or nationality and have the time spent outside of the United States count toward towards the naturalization physical presence requirement. In order to be eliigble for the program, an alien would have to be returning to a country that is engaged in post-conflict or natural disaster reconstruction, and the alien would have to be "making a material contribution to reconstruction efforts" in his or her country of citizenship or nationality.
Other Activity
This week's action in Washington is not limited to machinations over CIR, reactions to the Arizona enforcement bill, and matters on the Senate floor or in committee hearing rooms. The following other activities are taking place this week:
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