MicEvHill.Com
Covering Immigration, Refugee, and Asylum Legislative Matters from Inside the Beltway
Home - July 2010
Home - July 2010
MicEvHill.Com

Saturday, July 31, 2010

Last Updated on Saturday, July 31, 2010 at 5:30 pm EDT


Follow MicEvHill.Com on ...
   
 
 
<< Oct-Dec '09   << Mar '10    << Apr '10    << May '10   << Jun '10                 Aug '10 >>   Sep '10 >>   Nov '10 >>   Dec '10 >>

Top Immigration & Refugee Legislative and Political Developments

New on MicEvHill.Com


A Light Immigration and Refugee Legislative Schedule is On Tap This Week as the House Begins Its Six Week-Long August Recess While the Senate Remains in Town for the Week


By Micheal E. Hill

Saturday, July 31, 2010  -- 4:15 pm EDT
--Updated on Saturday, July 31, 2010 at 5:30 pm EDT--


The House of Representatives has left Washington, DC for a six week-long recess.  It is scheduled to return to Washington on Tuesday, September 14, 2010. 

While the Senate remains in town this week, it has not scheduled any  immigration- or refugee-related legislation for consideration by either the full Senate orby any of its committees.




Click Here to See "This Week on the Hill" for the Week of August 2, 2010

 

Immigration Likely to be Featured on Sunday's Public Affairs Programs


By Micheal E. Hill

Friday, July 30, 2010  -- 4:00 pm EDT
--Updated on Saturday, July 31, 2010 at 12:45 pm EDT--

Thanks to this week's federal court ruling temporarily blocking the most controversial parts of Arizona's new immigration enforcement law, the issue of immigration will likely return as a prominent issue on at least several of the coming weekend's Sunday public affairs programs.  Among the programs on which immigration is almost certain to be discussed is CBS's "Face the Nation" program, which will feature Senator Jon Kyl (R-AZ) and Thomas Saenz, President of the Mexican American Legal Defense and Education Fund (MALDEF), which is one of the major plantiffs in both the Arizona and Fremont, Nebraska immigration law challenges.  Immigration is almost certan to come up on FOX's "FOX News Sunday" program, as well, which will feature former Alaska Governor Sarah Palin (R-AK) as one of its guests.

The following is a guide to what can be expected on immigration on Sunday, August 1:
  • ABC - This Week.  Among the guests appearing on the August 1, 2010, edition of  ABC's "This Week" will be  Speaker of the House Nancy Pelosi (D-CA) and Secretary of Defense Bill Gates.  It is uncertain whether the subject of immigration will come up during the interview portion of the program.  Participating in the roundtable discussion segment of the program will be ABC News' George F. Will;  Democratic strategist Donna Brazile; New York Times columnist Paul Krugman; and journalist Ahmed Rashid, author of Descent into Chaos and expert on Afghanistan and the Taliban.
  • CBS - Face the Nation.  Among the guests appearing on the August 1, 2010, edition of CBS's "Face the Nation" will be Admiral Michael Mullen, Chairman of the Joint Chiefs of Staff; Assistant Senate Minority Leader Jon Kyl (R-AZ); Richard Haass, President of the Council on Foreign Relations; and Thomas Saenz, President of the Mexican American Legal Defense and Education Fund.  Immigration and the federal lawusit challenging the constitutionality of Arizona's controversial new immigration law are certain to come up during the program.

  • CNN - State of the Union.  The guest list for the August 1, 2010, edition of CNN's "State of the Union" program includes Senate Armed Services Committee Chairman Carl Levin (D-MI) and senior Committee Republican Lindsey Graham (R-SC). The war in Afghanistan is likely to be the dominant subject during the appearance by the two senators.  But immigration could be a subject posed to Senator Graham, who made news this week by declaring that he was considering introducing a constitutional amendment that would bar birthright citizenship to children of illegal immigrants.  
  • FOX - FOX News Sunday.  Among the guests appearing on the August 1, 2010, edition of FOX's "FOX News Sunday" will be 2008 Republican Vice Presidential nominee and former Alaska Governor Sarah Palin.  Also appearing on the August 1 program will be Senate Minority Leader Mitch McConnell (R-KY) and  House Minority Leader John Boehner (R-OH).  The producers indicate that the subject of the recent court ruling temporarily blocking portions of Arizona's immigration enforcement law will come up in both the Palin and the McConnell/Boehner segments of the program.  Appearing this week during the roundtable segment will be Cici Connolly of The Washington Post; Liz Cheney, a former State Department official and daughter of former Vice President Dick Cheney; Juan Williams of National Public Radio  and FOX News; and Bill Kristol of the Weekly Standard and FOX news.  It is highly likely that the lawsuit challenging Arizona's immigration enforcement law will come up during the roundtable segment of the program.
  • NBC - Meet the Press.  Appearing on the August 1, 2010, edition of NBC's "Meet the Press" will be  Admiral Michael Mullen, Chairman of the Joint Chiefs of Staff.  Also appearing on the program will be New York City Mayor Mike Bloomberg (I); former Chairman on the Federal Reserve Alan Greenspan; and Governor Ed Rendell (D-PA).  Appearing during the roundtable segment of the show will be presidential historian Doris Kearns Goodwin and MSNBC Senior Political Analyst, Editor-at-Large & Senior Political Analyst for TIME, and Co-Author of "Game Change: Obama and the Clintons, McCain and Palin, and the Race of a Lifetime", Mark Halperin.  It is uncertain to what degree the subject of immigration will be discussed during the program.

MicEvHill.Com will post any immigration-related video excerpts from the programs beginning in the late afternoon of Sunday, August 1.

House Republicans Block Passage of 9/11 Victim and First Responder Medical Compensation Bill Over Concerns that Some
Illegal Immigrants Might Benefit From It


By Micheal E. Hill
Friday, July 30, 2010  -- 10:45 am EDT
--Updated on Friday, July 30, 2010 at 10:45 am EDT--


In an unusually emotional floor debate, House Republicans  on Thursday cited the possibility that illegal immigrations or other noncitizens might benefit from the measure as one of the reasons why they blocked passage of a bill that sought to establish a multi-billion program to compensate first responders and other victims of the September 11, 2001, terrorist attacks on the United States. 

House action rejecting the 9/11 victims and first responder compensation program occurred on Thursday, July 29, 2010, in connection with
H.R. 847, the "James Zadroga 9/11 Health and Compensation Act".  The House Democratic Leadership brought the measure before the full House of Representatives under a procedure known as "suspension of the rules," which prohibited amendments and required the affirmative votes of two-thirds of those present and voting in order to pass it.  While a majority of the House voted for the measure, the bill failed to win a two-thrds majority, failing by a vote of 255-159.  All but 12 Republicans who cast votes voted against the measure.  Only four Democrats voted against it.

Republicans speaking against H.R. 847 cited a number of reasons for opposing it.  Mostly, they complained that the process did not allow them to amend it.  A number of Republican Members said that were they permitted to offer amendments, they would have offered one that would preclude noncitizens and illegal immigrants from receiving benefits under the measure.  They contended that the reason the House Democratic Leadership put the bill on the House floor under a procedure that required two-thirds of those voting to vote in favor of it was because they wanted to preclude such amendments from being offered and protect their Members from having to vote on the issue of compensating illegal immigrants.


Click on the play button, above, to see video of the House floor debate on H.R. 847.

 

Senate Panel Approves Measure that Would Slightly Increase Funding for Refugee Admissions and Overseas Refugee Assistance and Make Major Reforms to U.S. Refugee Protection Laws


By Micheal E. Hill
Friday, July 30, 2010  -- 2:45 am EDT


The Senate Committee on Appropriations has approved a measure that would slightly increase funding for the federal government's refugee admissions and overseas refugee assistance programs in fiscal year 2011 relative to fiscal year 2010.  The Committee-approved bill also would make a number of major reforms to U.S. refugee protection law, most of which were culled from S. 3113, the "Refugee Protection Act of 2010", which was introduced by Senate Appropriations Subcommittee on State, Foreign Operations, and Related Programs Chairman Patrick Leahy (D-VT).

Action on refugee admissions funding, overseas refugee assistance spending, and refugee law reform provisions occurred on Thursday, July 29, 2010, in connection with the fiscal year 2011 State, Foreign Operations, and Related Programs Appropriations Bill.  The Committee approved the measure by a party-line vote of 18-12.

Funding for Migration and Refugee Assistance.  The Committee approved an appropriation of $1.695 BILLION for the Department of State's Migration and Refugee Assistance (MRA) account.  That would constitute an increase of $10 MILLION when compared to the fiscal year 2010 appropriation.   It would represent an increase of $89.6 MILLION, however, when compared to the Administration's fiscal year 2011 request.

Funding for Emergency Refugee and Migration Assistance. 
The Committee  approved an appropriation of $45 MILLION for the Department of State's Emergency Refugee and Migration Assistance (ERMA) account.  That is the same amount appropriated for ERMA in fiscal year 2010 and the same amount that the President requested for fiscal year 2011.


Funding for International Disaster Assistance.  The Committee approved an appropriation of $861 MILLION for the Department of State's International Disaster Assistance (IDA) account, much of which is often used to assist refugees.  That would represent a $16 MILLION increase when compared to the fiscal year 2010 appropriation.  It would represent a $400,000 increase over the Administration's fiscal year 2011 budget request.

Immigration- or Refugee-Related Legislative Riders.  Far more significant than the funding provisions contained in the Committee-approved measure is a set of changes to U.S. refugee protection law that is contained within the measure.  Among them are the following:
  • Reform of the Emergency Refugee and Migration Assistance Account.  The Committee-approved measure would increase the maximum amount of funds that can be "parked" in the Emergency Refugee and Migration Assistance (ERMA) account from $100 MILLION to $200 MILLION.  It also would give the Secretary of State the authority to draw funds from the account.  Under current law, drawdowns from the ERMA account must be made by the President of the United States.
  • Authority to Designate Certain Groups of Refugees for Consideration.  Section 7082 of the Committee-approved measure would authorize the Secretary of State, after notification to Congress, to designate specifically defined groups of aliens for consideration to be admitted to the United States as refugees.  A group so-designated would have to meet certain criteria.  Among those are requirements that the group's resettlement in the United States is justified by humanitarian concerns or is otherwise in the national interest; and that members of the group share common characteristics that identify them as targets of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion or that they otherwise have a shared need for resettlement due to vulnerabilities or a lack of local integration prospects in their country of first asylum for consideration as refugees.
  • Adjustment of Status for Refugees.  Section 7078 of the Committee-approved measure would make a technical change in Section 209(a)(1) of the Immigration and Nationality Act, a provision that requires refugees to "be returned to the custody" of the Department of Homeland Security for adjustment of status one year after they are admitted to the United States as refugees.  The technical change is designed to lessen the possibility that a refugee who is not able to comply with the one-year requirement might find herself subject to detention, removal, or inadmissibility because she did not meet the deadline
  • Visa Ineligibility Because of Child Abduction.  Section 7079 of the Committee-approved measure would repeal Section 212(a)(10)(C)(ii)(III) of the Immigration and Naitonality Act, which makes the spouse, child, parent, sibling, or agent of an alien who is known by the Secretary of State to have intentionally assisted an alien in certain acts of international child abduction ineligible for a visa to enter the United States.
  • Elimination of One-Year Time Limit for Applying for Asylum.  Section 7080 of the Committee-approved measure would repeal Section 208(a)(2)(B) of the Immigration and Naitonality Act, which imposes a one-year time limit for an alien in hte United States to apply for asylum.
  • Efficient Asylum Determination Process and Detention of Asylum Seekers.  Section 7081 of the Committee-approved measure would repeal the requirement that asylum seekers who are encountered while entering the United States be detained.  Instead, it would make the detention of such aliens discretionary.  Furthermore,  it would provide that the DHS asylum office would be given jurisdiction over an asylum case after a positive credible fear determination. The alien would then undergo a non-adversarial asylum interview. If the asylum officer determines that he or she is unable to grant asylum, the case will be referred to an immigration judge and the asylum seeker placed in removal proceedings.
  • Regularization of Status of Stateless Persons Living in the United States.  Section 7083 of the Committee-approved measure would provide a mechanism for regularizing the status of stateless persons living in the United States.

Now that the Committee has completed action on its version of the fiscal year 2011 State, Foreign Operations, and Related Programs Appropriations bill, the next step in the legislative process would ordinarily be consideration of the measure by the full Senate.  However, it appears unlikely at the time of this writing that the full Senate will take up the bill.  Instead, the provisions of the Committee-approved measure will likely be negotiated sometime after the 2010 mid-term congressional elections with the bill that the House Committee on Appropriations is expected to produce sometime after the August recess has ended.



Legislative Text of Draft FY '11 State-Foreign Operations  Appropriations Bill
Report Language for Draft FY '11 State-Foreign Operations Appropriations Bill


 
Senate Panel Approves Measure that Would Significantly  Increase Funding for the Office of Refugee Resettlement


By Micheal E. Hill
Friday, July 30, 2010  -- 2:45 am EDT


The Senate Committee on Appropriations has approved a measure that would significantly increase fiscal year 2011 funding for the Department of Health and Human Services Office of Refugee Resettlement (ORR), which administers the federal government's refugee resettlement, trafficking victim assistance, torture victim assistance, and unaccompanied alien child care and placement programs.  The Committee-approved measure would increase ORR's funding by $104 MILLION relative to fiscal year 2010.  However, the bill's appropriation for ORR would constitute a cut of $43 MILLION below the Obama Administration's request for fiscal year 2011.

Action on ORR funding occurred on Thursday, July 29, 2010, in connection with the fiscal year 2011 Labor, Health and Human Services, Education, and Related Agencies Appropriations Bill.  The Committee approved the measure by a party-line vote of 18-12.

Overall Funding for Refugee and Entrant Assistance.  The Committee approved an appropriation of $877.602 MILLION for Refugee and Entrant Assistance, administered by ORR.  This would represent an increase $104 MILLION relative to the fiscal year 2010 appropriation of $730.817 MILLION.  However, the bill's appropriation for ORR would constitute a cut of $43 MILLION below the Obama Administration's request of $877.602 MILLION for fiscal year 2011.

Funding for ORR's Resettlement Services. 
Within ORR's appropriation, the Committee approved a fiscal year 2011 appropriation of $632 MILLION for ORR's four resettlement services: Transitional and Medical Assistance, Refugee Social Services, Preventive Health, and Targeted Assistance.  This would constitute an increase of $71 MILLION compared to the fiscal year 2010 appropriation of $561 MILLION for these services.  It is a cut of $17 MILLION in comparison to the Administration's fiscal year 2010 request of $649 MILLION for the services.
 
The draft committee report accompanying the appropriations measure contains a number of noteworthy earmarks of ORR's refugee resettlement funding:
  • Voluntary Agency Matching Grant Program.  The committee report notes that "[t]he Committee continues to support the voluntary agency matching grant program and encourages the Office of Refugee Resettlement [ORR] to explore the continued expansion of this program."
  • No-Year Contingency Fund.  The committee report notes that the Committee is rejecting the Administration's request for a no-year contingency fund to deal with unanticipated refugee resettlement needs.  It notes, however, that the bill provides "cash and medical assistance for a full 8 months, and bill language provides for the extended availability of these funds for 2 years.
  • Intensive Case Management.  The committee report earmarks "not less than $15,000,000 for intensive case management activities to provide comprehensive services to refugees."
  • Emergency Housing Assistance.  The committee report earmarks "not less than $10,000,000 for emergency housing assistance."

  • Refugee School Impact Grants.  The committee report provides up to $18 MILLION for the refugee school impact program.  This compares to $15 MILLION that was provided to the program in fiscal year 2010.  The committee report's language states that "[t]he Committee intends that the additional funding sbould be used to serve school districts impacted by Haitian children and families coming to the United States because of the earthquake on January 12, 2010."
Funding for Unaccompanied Alien Children. The Committee  approved an appropriation of $179.357 MILLION for ORR's activities that provide for the care and placement of unaccompanied alien children.  This would constitute an increase of $30 MILLION when compared to the fiscal year 2010 appropriation for that purpose.  However, it is $28 MILLION less than the $207.357 MILLION that Administration requested for fiscal year 2011.  The committee report explains that the reduction in funding relative to the Administration's request is a consequence of its rejection of an Administration proposal for funding to move shelter beds to within 250 miles of the U.S. border with Mexico, a proposal that the Committee believes require more study.

Funding for Assistance for Trafficking Victims. The Committee  approved an appropriation of $10.817 MILLION for ORR's activities that provide assistance to foreign-born trafficking victims who are found in the United States.  This would represent an increase of $1 MILLION over the amount appropriated in fiscal year 2010, which is the same amount that the Obama Administration requested for fiscal year 2011.

Funding for Assistance to Torture Victims Assistance.  The Committee approved an appropriation of $12.088 MILLION for assisting foreign-born victims of torture who are living in the United States.  This would represent an increase of $1 MILLION over the amount appropriated in fiscal year 2010, which is the same amount that the Obama Administration requested for fiscal year 2011.


Now that the Committee has completed action on its version of the fiscal year 2011 Labor, Health and Human Services, Education, and Related Agencies Appropriations bill, the next step in the legislative process would ordinarily be consideration of the measure by the full Senate.  However, it appears unlikely at the time of this writing that the full Senate will take up the bill.  Instead, the provisions of the Committee-approved measure will likely be negotiated sometime after the 2010 mid-term congressional elections with the bill that the House Committee on Appropriations is expected to produce sometime after the August recess has ended.



Legislative Text of Draft FY '11 Labor, HHS, Education Appropriations Bill

Report Language for Draft FY '11 Labor, HHS, Education Appropriations Bill




House Passes Stand-Alone Bill Appropriating $701 MILLION in Supplemental Fiscal Year 2010 Border Security Spending


By Micheal E. Hill

Thursday, July 29, 2010  -- 2:25 am EDT


The House of Representatives has passed a free-standing appropriations bill that would provide $701 MILLION in supplemental fiscal year 2010 funding for border security.  House action on the border security spending occurred  late in the evening on Wednesday, July 28, 2010, in connection with H.R. 5875, a bill making emergency supplemental appropriations for border security for the fiscal year ending September 30, 2010.  The House passed the measure by a voice vote.

H.R. 5875 was introduced on Tuesday, July 27 by House Appropriations Subcommittee on Homeland Security Chairman David Price (D-NC).  Its passage came just o
ne day after clearing H.R. 4899, a fiscal year 2010 supplemental appropriations bill that the Senate had stripped of nearly identical House-passed border security spending provisions.

As passed by the House, H.R. 5875 contains the following provisions:

  • Customs and Border Protection.  $356.9 MILLION for salaries and expenses for the U.S. Customs and Border Protection (CBP) component of the Department of Homeland Security, including $208.4 MILLION to hire 1,200 additional Border Patrol agents and support personnel, $78 MILLION for the costs of maintaining CBP staffing on the Southwest border, $58 MILLION for hiring 500 additional CBP officers for deployment at ports of entry on the Southwest Border, $2.5 MILLION for forward operating bases on the Southwest border, and $10 MILLION to support integrity and background investigation programs.
  • Border Security Fencing, Infrastructure, and Technology.  $14 MILLION for costs of designing, building, and deploying tactical communications for support of enforcement activities on the Southwest border of the United States.
  • Air and Marine Interdiction Operations.  $32 MILLION for Air and Marine Interdiction Operations, Maintenance, and Procurement.

  • Operation Stonegarden.  $50 MILLION for Operation Stonegarden grants to support local law enforcement activities on the border.
  • National Guard Troop Deployments.  $50 MILLION that could have been used to deploy National Guard troops to the southern border should the President decide to do so.
  • Immigration and Customs Enforcement.  $30 MILLION for the Immigration and Customs Enforcement (ICE) component of the Department of Homeland Security, for law enforcement activities targeted at reducing the threat of violence along the Southwest border of the United States.
  • Department of Justice.  $201 MILLION for the Department of Justice for increased law enforcement activities related to Southwest border enforcement, including 2.1 MILLION for the Executive Office for Immigration Review, $7 MILLION for the Detention Trustee, $3.8 MILLION for general Legal Activities, $9.8 MILLION for Legal Activities, Salaries, and Expenses for U.S. Attorneys, and tens-of-millions more for other Department of Justice entities.

  • Grants to States to Defray Costs of Haitian Orphans.  In addition to border security funding, Section 4149 of the House amendment to the Senate-passed supplemental appropriations bill also would have required the Secretary of Health and Human Services to make grants to States to defay the cost of serving children who entered the United States from Haiti following the earthquake that struck the nation in January of 2010. 

There was no word at the time of this writing on whether the Senate is likely to take up the measure should the House pass it.


Click on the play button, above, to see video of the House floor debate on H.R. 5875.


Text of H.R. 5875, Emergency Border Security Supplemental Appropriations Bill

 

One Court Temporarily Blocks Four Portions of Arizona's Immigration Law While Another Delays Ruling on Nebraska's Ordinance


By Micheal E. Hill

Wednesday, July 28, 2010  -- 1:59 pm EDT
--Updated on Thursday, July 29, 2010 at 8:45 am EDT--

U.S. District Court Judge Susan Bolton has temporarily blocked the most controversial portions of S.B. 1070, Arizona's controversial new immigration law, from taking effect.  Judge Bolton's decision was handed down on Wednesday, July 28, 2010, just one day before the law is set to go into effect.  It  still took effect on Thursday, July 29, but the state will not be permitted to enforce the measure's most controversial provisions.  In the meantime, 1,300 miles away im Omaha, Nebraska, U.S. District Court Judg
e Laurie Smith Camp declined to rule in an American Civil Liberties Union (ACLU)/Mexican American Legal Defense and Education Fund (MALDEF) lawsuit seeking to block implementation of a voter-approved Fremont, Nebraska ordinance, directed the ligitants in the case to file legal briefs by Aug. 16, 2010, to explain why the federal courts have jurisdiction over the case. 

In the case of Arizona's law, Judge Bolton ruled that the following four sections of the measure are preempted by federal law:

  • Portion of Section 2 of S.B. 1070
    A.R.S. § 11-1051(B): requiring that an officer make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there is a reasonable suspicion that the person is unlawfully present in the United States, and requiring verification of the immigration status of any person arrested prior to releasing that person.
  • Section 3 of S.B. 1070
    A.R.S. § 13-1509: creating a crime for the failure to apply for or carry alien registration papers.
  • Portion of Section 5 of S.B. 1070
    A.R.S. § 13-2928(C): creating a crime for an unauthorized alien to solicit, apply for, or perform work.
  • Section 6 of S.B. 1070
    A.R.S. § 13-3883(A)(5): authorizing the warrantless arrest of a person where there is probable cause to believe the person has committed a public offense that makes the person removable from the United States.

An appeal of Judge Bolton's ruling on the Arizona law is a certainty.


Text of Judge Bolton's Ruling on S.B. 1070
Link to Statements in Reaction to Judge Bolton's Ruling
Link to Video from KTVK-TV in Phoenix and PBS NewsHour



Fremont City Council Suspends Immigration Law While Arizona and the Nation Anticipates Court Decision Today on S.B. 1070

By Micheal E. Hill
Wednesday, July 28, 2010  -- 8:55 am EDT


KPTM-TV July 27, 2010, News Report on Fremont, Nebraska City Council Action


CNN "John King USA" July 27, 2010, Interview with Arizona Governor Jan Brewer


Twin legal and political dramas will be playing out in two federal courtrooms today, one in the midwest and the other in the southwest, as the nation and advocates on both sides of the issue anticipate court proceedings in lawsuits challenging state actions that are seeking to enforce or superscede federal immigration law.

Many legal observers expect federal District Court Judge Judge
Susan Bolton to rule today from her courtroom in Phoenix, Arizona, on whether to enjoin all or part of S.B. 1070, Arizona's controversial new immigration law.   Nearly 1,300 miles away from Phoenix, a federal district judge  in Omaha, Nebraska is set today to hear arguments in a American Civil Liberties Union (ACLU)/Mexican American Legal Defense and Education Fund (MALDEF) lawsuit challenging the constituionality of an ordinance passed by referendum in Fremont, Nebraska.  Both laws are set to go into effect on Thursday, July 29.  However, in the case of the Nebraska law, the Fremont City Council on Wednesday evening moved to suspend the ordinance's implementation pending a resolution of the lawsuit challenging the measure.

The stakes in both Arizona and Nebraska are high.  More than a dozen states are in various stages of considering legislation that would replicate the Arizona law.  And competing forces in Congress are in a state of stalemate on how to deal with illegal immigration.


Click on the play buttons, above, to see video of news reports from CNN and KPTM-TV in Omaha, Nebraska, on the situations in Arizona and Fremont.  The CNN report features an interivew with Governor Jan Brewer (R-AZ) on the eve of what she thinks will be decision day in Phoenix.  The KPTM-TV report  examines the decision by the Fremont City Council to suspend implementation of that city's immigration enforcement law.




House to Take Up Stand-Alone Bill Appropriating $701 MILLION in Supplemental Fiscal Year 2010 Border Security Spending


By Micheal E. Hill

Wednesday, July 28, 2010  -- 1:40 am EDT
--Updated on Saturday, July 31, 2010 at 4:10 pm EDT--

One day after clearing H.R. 4899, a fiscal year 2010 supplemental appropriations bill that the Senate had stripped of House-passed border security spending, the House of Representatives is expected to take up a separate, free-standing appropriations bill to provide the border security funding that the Senate rejected.  House action on the new, stand-alone border security funding could occur as soon as Wednesday, July 28, 2010, in connection with H.R. 5875, a bill making emergency supplemental appropriations for border security for the fiscal year ending September 30, 2010.  The just-introduced measure is sponsored by House Appropriations Subcommittee on Homeland Security Chairman David Price (D-NC).  The measure is comprised of the text of the border security measures that the Senate stripped from H.R. 4899.

The House will take up H.R. 5875 under a procedure known as "suspension of the rules," a procedure that limits debate to 40 minutes, precludes floor amendments, and requires the affirmative votes of two-thirds of those Members present and voting in order for the measure to pass.  There was no word at the time of this writing on whether the Senate is likely to take up the measure should the House pass it.


Text of H.R. 5875, Emergency Border Security Supplemental Appropriations Bill




House Clears FY '10 Supplemental Appropriations Bill Containing Hundreds of Millions of Dollars in Funding for
Refugee and Refugee-Like Assistance


By Micheal E. Hill
Wednesday, July 28, 2010  -- 12:01 am EDT

The House of Representatives has cleared for the President's consideration a  $58.8 BILLION fiscal year 2010 emergency supplemental spending bill that contains more than $700 MILLION in refugee- and refugee-like assistance.  House action occurred on Tuesday, July 27, 2010, in connection with the Senate-approved version of H.R. 4899, the
"Supplemental Appropriations Act, 2010."  After months of controversy and political jockeying, the House gave its final approval to the measure on July 27 by a vote of 308-114.

President Barack Obama is expected to sign H.R. 4899 into law in the coming hours.

As cleared for the President's approval, H.R. 4899 contains the following refugee-related provisions:
  • Migration and Refugee Assistance Account.  $165 MILLION for the Department of State's Migration and Refugee Assistance (MRA) account, "to be used for assistance for Iraqi, Afghan, Pakistani, Congolese, Burmese, and Somali refugees and IDPs."  The recommended level of appropriation would be in addition to $1.685 BILLION that was appropriated in the regular fiscal year 2010 appropriations process.  The Obama Administration did not ask for the appropriation of any funds for MRA in its supplemental appropriations request.
  • Economic Support Fund Account.  $100 MILLION in ESF account funds for "for assistance for Jordan to help meet the needs of Iraqi refugees and address other pressing economic issues."
  • International Disaster Assistance for Haiti.  $465 MILLION in IDA funds, which t"may be used to reimburse obligations made prior to enactment of this act related to emergency relief and recovery efforts in Haiti following the earthquake of January 12, 2010, including to reimburse the IDA account to respond to humanitarian disasters worldwide, and an estimated $126,000,000 for reimbursable interagency agreements between USAlD's Office of United States Foreign Disaster Assistance and other Federal agencies."  The Obama Administration asked for only $350 MILLION for this purpose.
  • TPS and Humanitarian Parole for Haitians.  $10.6 MILLION to the U.S. Citizenship and Immigration Services (USCIS) bureau "for reception and resettlement services provided under the Cuban-Haitian Entrant Program; fee waivers for eligible Haitians granted TPS; and the humanitarian parole program to bring medical evacuees and certain categories of Haitians into the United States."  The Obama Administration had requested $15 MILLION in emergency funding for USCIS, $11,000,000 of which was based on the estimated receipt of up to 250,000 Temporary Protected Status [TPS] applications.

As previously noted, final action in the House on H.R. 4899 came after months of political jockeying between the House and Senate.  On June 1, the House took up the Senate-approved version of the measure, adding more than $700 MILLION in border security funding and BILLIONS more in other domestic spending to the more than $700 MILLION in refugee and refugee-like assistance that was contained in the Senate-approved bill.  Republicans and moderate Democrats in the Senate refused to go along with the additional border security and domestic funding added by the House, however, setting up a prolonged battle between the two chambers.  In the end, the House relented to the Senate, resulting in the bill that the House cleared for the President's consideration on July 27.

Supplemental Appropriations Bill:  Text of Senate-Passed Bill | Senate Committee Report



House Democratic Leadership Considers Putting Together a Separate Spending Bill Containing Items Left Out of
FY '10 Supplemental Appropriations Bill


By Micheal E. Hill

Tuesday, July 27, 2010  -- 8:59 am EDT
--Updated on Tuesday, July 27, 2010 at 2:00 pm EDT--

The House of Representatives today is expected to pass a $58.8 BILLION Senate-approved Fiscal Year 2010 supplemental appropriations bill containing about $700 million in funding for refugee and refugee-like assistance.  However, the measure will be devoid of more than $700 million in border security assistance that had been contained in a previously approved House version of the measure.   Reports indicate that the House Democratic leadership is considering packaging the stripped-out border security provisions together with other domestic spending provisions that the Senate rejected last week into a new appropriations measure, and that the Leadership may place the resulting package before the House of Representatives sometime this week as a new, free-standing appropriations bill.

Today's House action on the stripped-down Senate-approved supplemental appropriations bill is expected to occur under a procedure known as "suspension of the rules," a procedure that limits debate to 40 minutes, precludes any amendments from being offered, and requires the affirmative votes of two-thirds of those present and voting in order for the measure to be passed.  Should the House agree to the measure, that action will clear it for the President's expected signature.

There is no word on when the House Democratic Leadership might bring a separate package appropriations package before the House, or whether there is much of a chance that the Senate would go along with it.





Final Action on the FY '10 Supplemental; a Possible Court Ruling on S.B. 1070; and Committee Action on the FY '11 Bills that Fund Immigration Services, Immigration Enforcement and Refugee Resettlement Highlight the Week's Crowded Immigration and Refugee Agenda


By Micheal E. Hill

Monday, July 26, 2010  -- 12:01 am EDT

Congress is in store for another crowded immigration- and refugee-related legislative agenda this week as the House prepares to leave Washington for its six week-long August recess and the Senate plods on in producing its versions of the fiscal year 2011 appropriations bills.

The immigration and refugee legislative agenda for the week of July 26 is highlighed
by expected action in the House on a $58.8 BILLION supplemental appropriations bill that contains $700 MILLION in funding for refugee and refugee-like assistance but has been stripped of an additional $700 MILLION in border security funding.  Also on tap during the week of July 26 is action in the Senate Appropriations Committee on the fiscal year 2011 bill that funds the federal government's refugee resettlement, trafficking victim assistance, torture victim assistance, and unaccompanied alien child protection programs.  And the House Committee on Appropriations expects to act during the week on the fiscal year 2011 bill that funds the federal government's border security, interior immigration enforcement, and immigration services adjudication functions.  As if all of that is not enough to keep immigration lobbyists, advocates, and policymakers busy, their eyes and ears will be trained thousands of miles away as they await court rulings in Arizona and Nebraska on lawsuits challlenging the constitutionality of Arizona's and Fremont, Nebraska's controversial new immigration enforcement laws.

The following summarizes the major immigration- or refugee-related legislative action on tap during the week of July 26:
  • Fiscal Year 2011 Funding for Refugee Resettement, Trafficking Victim Assistance, Torture Victim Assistance, and Unacommpanied Alien Children.  Both the Senate Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies and the full Senate Committee on Appropriations are expected to markup the fiscal year 2011 bill that funds the Department of Health and Human Services Office of Refugee Resettlement (ORR) during the week of July 26.  ORR operates  the federal government's refugee resettlement, trafficking victim assistance, and torture victim assistance progras.  It also operates the federal government's programs to place and care for unaccompanied alien children who are found in the United States while their immigration status is being resolved.
  • Fiscal Year 2011 Funding for Border Security, Interior Immigration Enforcement, and Immigration Services.  The House Committee on Appropriations is expected to markup the fiscal year 2011 bill that funds the Department of Homeland Security's border security, interior immigration enforcement, and immigration services processing and adjudicatory functions during the week of July 26.
  • Supplemental Fiscal Year Border Security and Refugee Funding.  The full House of Representatives is expected to take up H.R. 4899, a fiscal year 2010 emergency supplemental appropriations bill during the week of July 26.  The version that the Senate approved on Thursday, July 22, 2010, jettisoned $700 MILLION in border security provisions that the House had approved on July 1, leaving intact about $700 MILLION in refugee-related provisions that the Senate had previously approved.   
  • Hearings on FBI Oversight, the Crisis in Haiti, and Fraud in the Issuance of Passports.  Three House or Senate panels have scheduled hearings on immigration- or refugee-related matters during the week of July 26, including a Senate Judiciary Committee oversight hearing on the operations of the FBI, a House Foreign Affairs subcommittee hearing on the crisis in Haiti, and a Senate Judiciary subcommittee hearing on fraud in the issuance of passports.
  • Off-of-the-Hill Activity.  The "off of the Hill" activity on immigration during the week of July 26 includes a possible ruling in federal district court in Phoenix, Arizona in the case of United States v. Arizona, and a hearing on Wednesday, July 28, 2010, in the courtroom of U.S. District Judge Laurie Smith Camp on requests for temporary injunctions from the American Civil Liberties Union and the Mexican American Legal Defense & Educational Fund in relation to their lawsuits challenging the constitutionality of a recently enacted Fremont, Nebraska immigration enforcement law.

Click Here to See "This Week on the Hill" for the Week of July 26, 2010

 

Speaker Pelosi and Majority Leader Reid Address the DREAM Act and Comprehensive Immigration Reform During
Netroots Nation Conference


By Micheal E. Hill
Monday, July 26, 2010  -- 2:20 am EDT






During a July 24, 2010, Question & Answer session at the Netroots Nation conference in Las Vegas, Nevada, Speaker of the House Nancy Pelosi (D-CA) fielded a question about why the House had not advanced the DREAM Act.  The Speaker responded to the question, saying that the Congressional Hispanic Caucus (CHC) does not want to move the DREAM Act as a stand-alone measure because of concerns that doing so would get in the way of enacting comprehensive immigration reform.  While she acknolwedged differing views on the wisdom of that strategy, the Speaker said that she agreed with it.


For his part, Senate Majority Leader Harry Reid (D-NV) told the Netroots Nation audience that he was committed to both comprehensive immigration reform and the DREAM Act, hinted at the possibility of moving an immigration bill during the lame duck session after the 2010 mid-term elections, and said he would not try to move teh DREAM Act unless he could produce 60 votes for it in the Senate.


Click on the play buttons, above, to see video of the Speaker's and the Majority Leader's comments on the DREAM Act and comprehensive immigration reform
.

 

Immigration Featured on Only One of Sunday's
Public Affairs Programs



By Micheal E. Hill

Sunday, July 25, 2010  -- 3:50 pm EDT
--Updated on Monday, July 26, 2010 at 1:00 pm EDT--

After three consecutive weeks during which immigration was prominently featured on at least one -- and oten on many -- of the Sunday public affairs programs, the issue came up briefly on only one of the Sunday, July 25th programs.

The following presents video clips of the immigration discussions on the Sunday, July 18 public affairs programs:
  • ABC - This Week.  Among the guests appearing on the July 25, 2010, edition of  ABC's "This Week" was Governor Chris Christie (R-NJ), who called the problems besetting immigration a "federal issue that should be handled by the feds," commented on the need for border security, and called for a "common sense path to citizenship" for undocumented aliens during his appearance on the program.




Court Hears Arguments in Two Lawsuits Challenging Arizona's Immigration Enforcement Law


By Micheal E. Hill
Friday, July 23, 2010  -- 3:15 am EDT
--Updated on Saturday, July 24, 2010 at 11:45 pm EDT--

Arizona and the nation are awaiting a decision from Federal District Judge Susan Bolton, who heard arguments on Thursday, July 22, 2010, in two lawsuits challenging the constitutionality of S.B. 1070, the controversial immigration enforcement law that Arizona recently enacted.  A ruling could come at any time on whether to enjoin Arizona from enforcing the new law, which is set to take effect on Thursday, July 29, or even to uphold or invalidate portions of the law.  The first of the two suits that were the subject of Thursday's hearings in Judge Bolton's Phoenix courtroom was filed by the a number of civil rights organizations, including Mexican American Legal Defense and Education Fund (MALDEF) and the American Civil Liberties Union (ACLU).  The other was filed by the U.S. Department of Justice.

MicEvHill.Com has gathered television news reports from four sources -- one national and three local -- that capture the tenor of the hearings, describe the atmosphere in Phoenix, and asseses the legal arguments made in the cases.


Video Reports from the PBS, KNXV-TV, KTVK-TV, and KGUN-TV


Complaint Filed by DOJ in the Case of USA v. Arizona
DOJ Motion for Injunction Preventing Implementation of S.B. 1070
State of Arizona Response to DOJ Lawsuit Challenging S.B. 1070

 

Senate Strips House Border Security and Other Domestic Spending Items from FY '10 Supplemental Appropriations Bill


By Micheal E. Hill
Friday, July 23, 2010  -- 3:05 am EDT

The Senate has stripped all of the domestic spending provisions that the House of Representatives approved in early July from a fiscal year 2010 emergency supplemental spending bill.  After stripping the provisions, the Senate went on to send the $58.8 BILLION measure back to the House for its further consideration. 

In stripping the domestic spending items from the supplemental spending bill, the Senate jettisoned more than $700 MILLION in supplemental border security funding that the House had added to the measure. 

Senate action on the supplemental spending package occurred late on the evening of Thursday, July 22, in connection with H.R. 4899, an emergency fiscal year 2010 supplemental appropriations bill.  The Senate failed to invoke cloture on the House-approved domestic add-ons by a vote of 46-51, and then by unanimous consent, elected to send the original Senate bill back to the House. 

The House is expected to go along with the Senate action.

Prior to Thursday's Senate action, the House and Senate had approved differing versions of H.R. 4899, a measure that originally was aimed at providing funding for the wars in Afghanistan and Iraq, as well as funding for the Gulf of Mexio oil spill disaster.  The Senate approved its version of the bill on May 27, 2010.  The House followed a month later, approving its version on July 1, 2010, after adding billions of dollars in domestic spending.  Ever since the House acted, the two chambers had been in a stalemate, with the House insisting on its domestic add-ons and conservative Democrats in the Senate teaming up with Republicans in opposing them.

Among the items stripped from the supplemental spending bill as a result of Thursday's Senate action are the following House-approved border security and immigration provisions:
  • Customs and Border Protection.  $356.9 MILLION for salaries and expenses for the U.S. Customs and Border Protection (CBP) component of the Department of Homeland Security, including $208.4 MILLION to hire 1,200 additional Border Patrol agents and support personnel, $78 MILLION for the costs of maintaining CBP staffing on the Southwest border, $58 MILLION for hiring 500 additional CBP officers for deployment at ports of entry on the Southwest Border, $2.5 MILLION for forward operating bases on the Southwest border, and $10 MILLION to support integrity and background investigation programs.
  • Border Security Fencing, Infrastructure, and Technology.  $14 MILLION for costs of designing, building, and deploying tactical communications for support of enforcement activities on the Southwest border of the United States.
  • Air and Marine Interdiction Operations.  $32 MILLION for Air and Marine Interdiction Operations, Maintenance, and Procurement.

  • Operation Stonegarden.  $50 MILLION for Operation Stonegarden grants to support local law enforcement activities on the border.
  • National Guard Troop Deployments.  $50 MILLION that could have been used to deploy National Guard troops to the southern border should the President decide to do so.
  • Immigration and Customs Enforcement.  $30 MILLION for the Immigration and Customs Enforcement (ICE) component of the Department of Homeland Security, for law enforcement activities targeted at reducing the threat of violence along the Southwest border of the United States.
  • Department of Justice.  $201 MILLION for the Department of Justice for increased law enforcement activities related to Southwest border enforcement, including 2.1 MILLION for the Executive Office for Immigration Review, $7 MILLION for the Detention Trustee, $3.8 MILLION for general Legal Activities, $9.8 MILLION for Legal Activities, Salaries, and Expenses for U.S. Attorneys, and tens-of-millions more for other Department of Justice entities.

  • Grants to States to Defray Costs of Haitian Orphans.  In addition to border security funding, Section 4149 of the House amendment to the Senate-passed supplemental appropriations bill also would have required the Secretary of Health and Human Services to make grants to States to defay the cost of serving children who entered the United States from Haiti following the earthquake that struck the nation in January of 2010. 

A number of significant refugee-related provisions that were contained in teh Senate-approved version of H.R. 4899 will remain in the measure.  These include:
  • Migration and Refugee Assistance Account.  $165 MILLION for the Department of State's Migration and Refugee Assistance (MRA) account, "to be used for assistance for Iraqi, Afghan, Pakistani, Congolese, Burmese, and Somali refugees and IDPs."  The recommended level of appropriation would be in addition to $1.685 BILLION that was appropriated in the regular fiscal year 2010 appropriations process.  The Obama Administration did not ask for the appropriation of any funds for MRA in its supplemental appropriations request.
  • Economic Support Fund Account.  $100 MILLION in ESF account funds for "for assistance for Jordan to help meet the needs of Iraqi refugees and address other pressing economic issues."
  • International Disaster Assistance for Haiti.  $465 MILLION in IDA funds, which t"may be used to reimburse obligations made prior to enactment of this act related to emergency relief and recovery efforts in Haiti following the earthquake of January 12, 2010, including to reimburse the IDA account to respond to humanitarian disasters worldwide, and an estimated $126,000,000 for reimbursable interagency agreements between USAlD's Office of United States Foreign Disaster Assistance and other Federal agencies."  The Obama Administration asked for only $350 MILLION for this purpose.
  • TPS and Humanitarian Parole for Haitians.  $10.6 MILLION to the U.S. Citizenship and Immigration Services (USCIS) bureau "for reception and resettlement services provided under the Cuban-Haitian Entrant Program; fee waivers for eligible Haitians granted TPS; and the humanitarian parole program to bring medical evacuees and certain categories of Haitians into the United States."  The Obama Administration had requested $15 MILLION in emergency funding for USCIS, $11,000,000 of which was based on the estimated receipt of up to 250,000 Temporary Protected Status [TPS] applications.

The House is expected to act on the final package next week.


 

Senate Appropriations Approves Slightly Increased Funding for EOIR and for Legal Orientation Programs for Detained Aliens


By Micheal E. Hill
Friday, July 23, 2010  -- 12:01 am EDT


The Senate Committee on Appropriations has approved a measure that would appropriate a slight increase in funding for the Executive Office for Immigration Review (EOIR) in fiscal year 2011 relative to fiscal year 2010.

Action on EOIR appropriations occurred on Thursday, July 22, 2010, in connection with the Fiscal Year 2011 Commerce, Justice, Science, and Related Agencies (C-J-S) Appropriations Bill.  The measure was marked-up in the Senate Committee on Appropriations, which approved the bill by a partyline vote of 17-12.


Funding for EOIR.  The Committee approved an appropriation of $315.4 MILLION for the Department of Justice's Administrative Review and Appeals division, which houses EOIR.  That would constitute an increase of $18.735 MILLION, or 6.3 percent, over the fiscal year 2010 appropriation.   It would represent an increase of $.2 MILLION over the Administration's fiscal year 2011 request.

Report language accompanying the Senate Appropriations Committee-approved bill spelled out the panel's recommendations for a number of programs administered by EOIR:
  • Legal Orientation Program.  The Committee's recommendation includes $6.2 MILLION for EOIR's Legal Orientation Program (LOP), which "provides guidance to detained aliens about their legal rights and responsibilities in the immigration court system."  The recommended appropriation would constitute an increase of $200,000 over the amount that was provided for the LOP program in fiscal year 2010.  The Committee report expressed the panel's "strong support of the LOP..."  and requested EOIR "to seek alien-specific detention costs and duration of detention data from Immigration and Customs Enforcement in order to develop a more accurate estimate of the cost savings to the Federal Government provided by participation in the LOP."
Within the Committee's appropriation for the LOP, it earmarked $2 MILLION for "Legal Orientation Programs for custodians of unaccompanied alien children to address the custodian's responsibility for the child's appearance at all immigration proceedings, and to protect the child from mistreatment, exploitation, and trafficking."

  • Immigration and Southwest Border Initiative.  The Committee recommendation for EOIR approved the Obama Administration's requested increase of $11.039 MILLION in EOIR's budget, to be used for its Immigration and Southwest Border Initiative and add 21 Immigration Judge Teams, 10 Board of Immigration Appeals attorneys, and related immigration court and BIA support staff.

Funding for SCAAP.  The Committee approved an appropriation of $300 MILLION for the State Criminal Alien Assistance Program (SCAAP).  The Obama Administration recommended no funding for the program in its fiscal year 2011 request.


Now that the Senate Committee on Appropriations has completed action on the measure, the next step in the legislative process is for the Committee to formally report the measure to the full Senate.


Draft Committee Report Language Accompanying FY '11 C-J-S Appropriations Bill
Immigration Excerpts from Draft Committee Report Language

 

Senate Rejects DeMint Attempt to Block Federal Lawsuit Challenging the Constitutionality of Arizona's Immigration Law


By Micheal E. Hill
Thursday, July 22, 2010  -- 1:20 am EDT
--Updated on Saturday, July 24, 2010 at 11:45 pm EDT--

The Senate has rejected an effort by Senator Jim DeMint (R-SC) to prohibit the Department of Justice and any other federal agency from participating in lawsuits seeking to invalidate SB 1070, the controversial new immigration enforcement law that recently was enacted by the state of Arizona.  The Senate acted on Wednesday, July 21, 2010, in connection with an amendment that Senator DeMint offered to H.R. 4123, legislation that would extend unemployment benefit eligibility for out of work individuals.  The Senate defeated the DeMint effort by a vote of 43-55.  Six senators crossed party-lines on the vote.  Democratic Senators Max Baucus (D-MT), Blanche Lincoln (D-AR), Ben Nelson (D-NE), Mark Pryor (D-AR) and Jon Tester (D-MT) all voted in favor of the DeMint motion.  One Republican Senator, Mike Johanns  (R-NE), voted with Democrats in opposition to the DeMint motion.

As a technical matter, the Senate voted on a motion by Senator DeMint to suspend the rules of the Senate relating to germaneness so he could offer his amendment, which was considered nongermane to the bill.  The affirmative votes of two-thirds of the Senators voting would have been required for him to prevail.  There was very little debate on the DeMint motion.  Indeed, he was the only senator who spoke on the amendment's behalf.  No senator spoke against it.

Senator DeMint last week had
announced his intention to offer his lawsuit-blocking amendment to H.R. 5297, a House-passed small business promotion measure that the Senate was scheduled to take up this week.  It came as somewhat of a surprise that he elected to offer the amendment to H.R. 4123, instead.  At the time of this writing, there is no word on whether the senator will attempt to offer the amendment to H.R. 5297 when the Senate resumes its consideration of that measure.

Last week, in announcing he would offer the amendment, Senator DeMint said, "the state of Arizona is simply taking responsibility for a problem that the federal government has neglected for years, but Washington’s only response is to oppose these new enforcement efforts and take them to court.  The Obama administration should not use taxpayers’ money to pay for these lawsuits that the American people overwhelmingly oppose."

Senators DeMint was joined in authoring his amendment by Senator David Vitter (R-LA).  However, Senator Vitter did not participate in the July 21 debate and vote.  Senators DeMint and Vitter teamed up earlier this year on an ultimately unsuccessful attempt to force the acceleration of contruction of fencing along the U.S. border with Mexico, as well as on an unsuccessful effort to prohibit the counting of undocumented aliens in the 2010 census enumeration.


Video of Floor Debate on the Vitter Amendment

Text of DeMint-Vitter Arizona Immigration Lawsuit Amendment
Press Release from Senator DeMint Announcing Arizona Lawsuit Amendment



House passes Measure Providing for Adjustment of Status for
Haitian Parolee Adoptees


By Micheal E. Hill
Wednesday, July 21, 2010  -- 1:35 am EDT
--Updated on Wednesday, July 21, 2010 at 10:47 am EDT--




The House of Representatives has passed legislation providing for the adjustment of status of a number of Haitian orphans who were paroled into the United States following the earthquake that devastated much of Haiti in January of 2010.  House action occurred on Tuesday, July 20, 2010, in connection with H.R. 5283, the Help Haitian Adoptees Immediately to Integrate Act of 2010 or Help HAITI Act of 2010.  The measure was introduced in the House by Representatives by Representative Jeff Fortenberry (R-NE).  The House passed it by a voice vote after shortly more than ten minutes of debate.

As passed by the House, H.R. 5283 would authorize the Secretary of Homeland Security to adjust to permanent resident status an alien who was paroled into the United States pursuant to the humanitarian parole policy for certain Haitian orphans announced on January 18, 2010, and suspended as to new applications on April 15, 2010.  In order to be eligible, an alien would have to apply for adjustment, be physically present in the United States when the adjustment application is filed, and be admissible as an immigrant.

H.R. 5283 would deem that any alien applying for relief under the measure has satisfied the requirements applicable to adopted children if, before the alien is 18 years of age, he or she adjusts to permanent resident status and is adopted by a U.S. citizen (which may occur before, on, or after status adjustment).  If, further, would permit a parent or legal guardian to apply on behalf of a minor, and it would prohibit any derivative immigration benefits for the birth parent of an alien adjusted under this Act.

Three Members of Congress spoke during the debate on the bill, all three supporting the measure.  The speakers included House judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law Chair Zoe Lofgren (D-CA), who floor managed the bill for the majority; House Judiciary Committee Ranking Republican Lamar Smith (R-TX), who floor managed it for the minority; and Representative Fortenberry.  Floor manager duties for the minority would normally fall to the Ranking Republican on the Subcommittee, who is Representative Steve King (R-IA).  However, Representative King actually opposed the measure.  Because of that, Representative Smith elected to assume floor manager duties for the minority.

Now that the House of Representatives has passed H.R. 5283, the next step in the legislative process is its consideration in the U.S. Senate.


Click on the play button, above, to see the July 20, 2010, debate on H.R. 5283

 

Reports Say House Democratic Leadership Has Decided to
Capitulate to Senate on Domestic Spending in FY '10
Supplemental Appropriations Bill


By Micheal E. Hill
Monday, July 19, 2010  -- 6:40 pm EDT
--Updated on Friday, July 23, 2010 at 12:40 pm EDT--

The trade press is reporting that the House Democratic Leadership has decided to capitulate to the Senate on the question of whether a range of domestic spending items passed by the House of Representatives in late June should be included in a pending fiscal year 2010 supplemental appropriations bill.  Reports indicate that the House Democratic Leadership is now resigned to the proposition that it will have to accept enactment of a measure that is is devoid of the House-approved domestic spending items so that the bill can be sent to the President before  the beginning of the August recess.  If these reports prove correct, it would mean that, at a minimum, the $10 BILLION in education spending and offsets that the House of Representatives added to the Senate-approved version of the supplemental appropriations bill will be stripped from the measure.  It was unclear at the time of this writing, however, whether the House Democratic Leadership's decision also means that $700 million of supplemental funding for border security also will be stripped from the bill.

The House and Senate have approved differing versions of H.R. 4899, an emergency fiscal year 2010 supplemental appropriations bill that originally was aimed at providing funding for the wars in Afghanistan and Iraq, as well as funding for the Gulf of Mexio oil spill disaster.  The Senate approved its version of the measure on May 27, 2010.  The House followed a month later, approving its version on July 1, 2010, after adding billions of dollars more in domestic spending.  Ever since the House acted, the two chambers have been in a stalemate, with the House insisting on its domestic add-ons and conservative Democrats in the Senate teaming up with Republicans in opposing them.

As Monday, July 19, began, Senate Majority Leader Harry Reid (D-NV) had indicated that he would schedule a vote on the House-approved version of the supplemental appropriations bill, even though it was obvious that there were insufficient votes in the Senate to approve it.  Senate sources indicated that the Majority Leader was scheduling the vote in order to demonstrate to the House Democratic Leadership that the Senate could not pass the House version of the measure.  These sources said that failure of the bill in the Senate would likely force House Democrats to the negotiating table.

If the trade press reports are correct, there will be no need for a Senate vote on the House-approved measure.  Instead, some other process will have to be devised to clear the measure and send it to the President for his consideration.

From an immigration and refugee perspective, the details of the House Democratic Leadership's capituation matter a lot.  The Senate-approved version of the bill contains about $700 MILLION in refugee and refugee-related assistance.  The House-approved version left those Senate provisions intact  But it also adds $700 MILLION in funding for border security to the bill. 



Department of Homeland Security Announces August 1 Deployment of  National Guard Troops on U.S. Border with Mexico


By Micheal E. Hill

Monday, July 19, 2010  -- 5:15 pm EDT
--Updated on Tuesday, July 20, 2010 at 7:10 am EDT--




The Department of Homeland Security (DHS) announced on Monday, July 19, that it will delploy 1,200 National Guard troops on the U.S. border with Mexico beginning on August 1.  Nearly half of the 1,200 troops will be deployed in Arizona. The remainder will be deployed in California, New Mexico, and Texas.

The DHS July 19 announcement was of little surprise; On May 25, the Obama Administration signalled it would seek funding to deploy 1,200 National Guard troops on the southwest border.  It followed through on June 22 with a
formal request for funding.  White House aides told Governor Jan Brewer  (R-AZ) the precise number of troops that would deployed in Arizona during a June 28 visit by Administration officials to Arizona.

According to DHS, the National Guard Southwest Border deployments will augment Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE)  resources and assets already at the border, and will include the deployment of 224 troops in California, 524 in Arizona, 72 in New Mexico, 250 in Texas, and another 130 would will servein command control and other support missions.


In announcing the deployment, Secretary of Homeland Security Janet Napolitano said, "
[o]ver the past year and a half, this administration has pursued a new border security strategy with an unprecedented sense of urgency, making historic investments in personnel, technology and infrastructure."  The Secretary went on to say that "[t]hese troops will provide direct support to federal law enforcement officers and agents working in high-risk areas to disrupt criminal organizations seeking to move people and goods illegally across the Southwest border."


Click on the play button, above, to see a joint press conference explaining the deployment that was conducted on Monday, July 19, by John Morton, Assistant Secretary of Homeland Security for Immigration and Customs Enforcement; National Guard Bureau Chief General Craig McKinley; and Alan Bersin, Commissioner for the U.S. Customs and Border Protection Bureau.


DHS Press Release on National Guard Deployment

 

Attempt to Bar Federal Lawsuits Challenging SB 1070 and Funding for Border Security, Refugee Admissions, & EOIR Highlight This Week's
Crowded Immigration and Refugee Agenda


By Micheal E. Hill

Monday, July 19, 2010  -- 1:00 am EDT


Another crowded immigration- and refugee-related legislative agenda is in store for Congress this week.

This week's immigration and refugee legislative agenda is highlighed
by a promised effort by Senators Jim DeMint (R-SC) and David Vitter (R-LA) to block the Obama Administration from pursuing a lawsuit challenging the constitutionality of Arizona's controversial new immigraiton enforcement law.  Also on tap this week is House consideration of legislation to adjust the status of Haitian orphan parolees.  While it seems unlikely at the time of this writing, the Senate could possibly take up and vote on a measure that contains approximately $1.4 BILLION in supplemental fiscal year 2010 funding for the deployment of up to 1,200 National Guard troops along the U.S. border with Mexico, the partial subsidization of the adjudication of Haitian TPS applicants, hundreds of millions of dollars in refugee assistance, and nearly three-quarters of a billion dollars in additional border security spending.  And as if all of that is not enough to keep immigration lobbyists, advocates, and policymakers busy, two Senate appropriations subcommittees this week are likely to take up the fiscal year 2011 bills that fund the federal government's refugee admissions and overseas refugee assistance programs.

The following summarizes the major immigration- or refugee-related legislative action on tap for this week:
  • Blocking the Lawsuit Challenging the Arizona Immigration Enforcement Law.  The full Senate is expected to resume consideration of H.R. 5297, the "Small Business Lending Fund Act of 2010."  The measure would provide incentives for banks to lend to small businesses.  It does not contain any significant immigration-related provisions.  However, Senators Jim DeMint (R-SC) and David Vitter (R-LA) have put the Senate on notice that they intend to offer a floor amendment to the measure that would bar federal lawsuits against the state of Arizona challenging the constitutionality of SB 1070, the state's controversial new immigration enforcement law.
  • Adjustment of Status for Orphaned Haitan Adoptees.  The full House of Representatives this week is scheduled to take up H.R. 5283, the Help Haitian Adoptees Immediately to Integrate Act of 2010 or Help HAITI Act of 2010, which was introduced in the House by Representatives by Representative Jeff Fortenberry (R-NE).  As introduced, H.R. 5283 would authorize the Secretary of Homeland Security to adjust to permanent resident status an alien who was paroled into the United States pursuant to the humanitarian parole policy for certain Haitian orphans announced on January 18, 2010, and suspended as to new applications on April 15, 2010.  In order to be eligible, an alien would hace to apply for adjustment, be physically present in the United States when the adjustment application is filed, and be admissible as an immigrant.
  • Supplemental Fiscal Year Border Security and Refugee Funding.  One of the major immigration- and refugee-related floor actions that could occur this week is consideration by the Senate of the House Amendments to H.R. 4899, a fiscal year 2010 emergency supplemental appropriations bill.  The House of Representatives approved its version of the measure on Thursday, July 1, adding more than $700 MILLION in border security funding and hundreds of millions more to assist refugees and Haitian Temporary Protected Status (TPS) applicants to a Senate-approved version of the bill that already contained about $700 MILLION in refugee-related spending.  The Senate approved its version of the measure on Thursday, May 27.  At the time of this writing, the House, the Senate, and the President are at a stalemate.  The consensus is that there are not sufficient votes in the Senate to clear the House-approved version of the measure because of concerns that conservative Democrats and Republicans have about the domestic spending that the House added to it.  However, the House appears to be holding firm.  Insiders speculate that the only reason the Senate would hold a vote on the House Amendments to the measure is to demonstrate that there are insufficient votes so the House will come to the negotiating table. 
  • Immigration- and Refugee-Related Fiscal Year 2011 Appropriations Bills.  Two subcommittees of the Senate Committee on Appropriations are expected this week to produce their versions of the fiscal year 2011 spending bills that fund the federal government's refugee admssions and verseas refugee assistance programs, as well as fund the federal immigration court system.
  • Hearings on Border Security.  Three House or Senate panels have scheduled hearings for this week on border security matters.  This includes a hearing on the Merida Initiative, a hearing on the Department of Homeland Security Quadrennial Review, and a hearing on human sumggling
  • Off-of-the-Hill Activity.  There is a significant amount of "off of the Hill" activity on immigration this week, including arguments in federal district court in Phoenix, Arizona in the case of United States v. Arizona, and panel discussions on such topics as the Visa Waiver Program and Mexican Drug Cartel violence.  See a more complete listing of that activity on "This Week on the Hill."

Click Here to See "This Week on the Hill" for the Week of July 19, 2010

 

Immigration Featured on Two of Sunday's Public Affairs Programs


By Micheal E. Hill

Sunday, July 18, 2010  -- 4:45 pm EDT

After two consecutive weeks where immigration was prominently featured on almost all the Sunday public affairs programs, the issue came up on only two of the Sunday, July 18, programs.

Immigration was a dominant issue on CBS's
"Face the Nation" program, which featured Governor Bill Richardson (D-NM) and former Representative J.D. Hayworth (R-AZ) as its guests.  It also came up on FOX News Channel's "FOX News Sunday program" during a segment featuring House Majority Whip Jim Clyburn (D-SC) and House Republican Conference Chairman Mike Pence (R-IN).

The following presents video clips of the immigration discussions on the Sunday, July 18 public affairs programs:
  • CBS - Face the Nation.  Among the guests appearing on the July 18, 2010, edition of CBS's "Face the Nation" were Governor Bill Richardson (D-NM), who recenlty agreed to host a bi-national border governors conference in New Mexico in the wake of the decision by Arizona governor Jan Brewer to cancel the conference because her Mexican counterparts refused to travel to Phoenix, Arizona, where it previously was scheduled to occur; and former Representative J.D. Hayworth (R-AZ), who has made immigration a big issue in his challenge to Senator John McCain (R-AZ) for the 2010 Republican Senate nomination.  Immigration was the sole issue the two guests discussed:


  • FOX - FOX News Sunday.  Among the guests appearing on the July 18, 2010, edition of FOX's "FOX News Sunday" were House Majority Whip James Clyburn (D-SC) and House Republican Conference Chairman Mike Pence (R-IN), who were asked about the Arizona immigration enforcement law:

 

Senate Appropriations Committee Approves FY '11 Funding for
Immigration Enforcement and Services


By Micheal E. Hill
Friday, July 16, 2010  -- 9:25 am EDT


The Senate Committee on Appropriations has approved a measure providing a combination of increases and decreases in fiscal year 2011 spending in the bill that funds the federal government's border security, interior immigration enforcement, and immigration services functions.  Action on the Fiscal Year 2011 Homeland Security Appropriations Bill occurred on Thursday, July 15, 2010, when the Committee approved the measure by a vote of 17-12.  The full Committee's approval of the measure follows by one day the Senate Appropriations Subcommittee on Homeland Security's approval of the measure.

The measure that the Committee approved would provide for an increase of approximately $114.2 MILLION for the Department's Immigration and Customs Enforcement bureau (ICE) relative to  fiscal year 2010; a cut of $210 MILLION for the Department's Customs and Border Protection bureau (CBP) relative to fiscal year 2010; and a cut of $159 million for the Department's U.S. Citizenship and Immigration Services bureau (USCIS) relative to fiscal year 2010.

The Committee did not consider any amendments to the bill during its markup other than a "Manager's Amendment" that contained the text of eight different intelligence-related sub-amendments.  The Committee agreed to the "Manager's Amendment" by unanimous consent.  The text of the manager's amendment had not been made public at the time of this writing.  However, staff sources indicate that it does not contain any immigration- or refugee-related provisions.


Among the highlights of the bill that are being touted by the Committee are the following:

U.S. Citizenship and Immigration Services (USCIS): $2.598 billion for the U.S. Citizenship and Immigration Services bureau, which would be a cut of $159 million below the fiscal year 2010 appropriations and $214 million below the Obama Administration's request.  The proposed appropriation for USCIS in fiscal year 2011 includes the following:
  • $171.6 million in direct appropriations for USCIS from the treasury, $50 milllion of which the committee recommends be used to help defray the costs of providing asylum and refugee adjudicatory services and humanitarian parole services for free to refugee, asylum, and humanitarian parole applicants.  The Committee's proposed $171.6 million in direct appropriations would be $52.4 million less than was directly appropriations for USCIS in fiscal year 2010 and $214.2 million less than the Administration requested.  The appropriation of $50 million to help defray the costs of providing free refugee and asylum adjudications is the same amount that was appropriated for that purpose in fiscal year 2010.  However, it is $157 million less than the Administration requested.
  • $11 million, the same level as provided in fiscal year 2010, for citizenship education and immigrant integration grants.
  • The Committee bill refused the Administration's request for a direct appropriation of $7 million for operation of the Office of Citizenship Services and directs that the office continue to be funded through fees paid by applicants and petitioners for immigration services.
  • The Committee bill refused the Administration's request for a direct appropriation of $7 million for operation of the Office of Citizenship Services and directs that the office continue to be funded through fees paid by applicants and petitioners for immigration services.
  • $103.4 million for the E-Verify system, $33.6 million less than was appropriated for the sytem in fiscal year 2010 and the same amount that the Administration requested.

Customs and Border Protection (CBP): $9.92 billion, $107.5 million above the President’s request and $210 million below FY 2010. Funding within CBP for border security includes:
  • $3.57 billion to fully fund 20,370 Border Patrol agents, of whom over 17,000 will be based on the Southwest Border – more than double the number of agents on board in 2004.
  • More than $66 million above the request for border security activities including $20 million for Southwest Border counterdrug initiatives for southbound operations lanes, personnel, and equipment to stop the outbound flow of weapons and currency used in the drug trade, $25.9 million for new officers, pilots, vessel operators, and staff, and $20.5 million for one additional unmanned aircraft system and support equipment.
  • $574 million for Southwest Border investments for Border Security Fencing, Infrastructure, and Technology (BSFIT), as requested. Through a mix of fencing, technology, and border patrol agents on the ground CBP now has more than 700 miles of the Southwest border under effective control, compared to 241 miles in FY 2005. BSFIT funding includes $40 million, the same as the President’s request and FY 2010, for additional investments in Northern Border security technology.
  • A total of $25 million above the request to CBP, ICE, and the Inspector General to conduct officer integrity investigations and counter potential fraud.

Immigration and Customs Enforcement (ICE): $5.55 billion, $27.4 million above the President’s request and $114.2 million above FY 2010, including:
  • $30 million for ICE to combat international trade in illicit drugs, weapons smuggling, human trafficking, and crimes associated with violence along the Southwest Border.
  • $147 million for Secure Communities, as requested, for a program that allows local law enforcement to check fingerprints of people booked on criminal charges for immigration and criminal records, as requested.
  • $72 million, as requested, for alternatives to detention.

US-VISIT: $334.6 million, as requested. $50 million is directed to begin to implement a biometric air exit system, as required by law.


Committee Report for Draft FY '11 Homeland Security Appropriations Bill
Text of Draft FY '11 Homeland Security Appropriations Bill
Lautenberg Press Release on FY '11 Homeland Security Appropriations Bill




House Appropriations Panel Approves FY '11 Funding for
Refugee Resettlement Services


By Micheal E. Hill
Friday, July 16, 2010  -- 9:25 am EDT


A House Appropriations panel has approved a $100 MILLION increase in funding in fiscal year 2011 relative to fiscal year 2010 for the office within the Department of Health and Human Services that administers resettlement assistance to refugees once thay have been admitted into the United States.  The House panel's  action occurred on Thursday, July 15, 2010, in connection with the Fiscal Year 2011 Labor, Health and Human Services, Education, and Related Agencies Appropriations bill.  The panel approved the measure by a party-line vote of 11-5 after rejecting numerous amendments, including three immigration-related amendments.

Most of the details of the bill that the House Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies approved were not publicly available at the time of this writing.  However, a chart provided by the Subcommittee indicates that it approved a fiscal year 2011 appropriation of $831 MILLION for the Department of Health and Human Services (HHS) Office of Refugee Resettlement (ORR) for Refugee and Entrant Assistance.  That amount is $100 MILLION more than was appropriated in fiscal year 2010.  However, it is $47 MILLION less than the Obama Administration asked for in its fiscal year 2011 budget submission.

ORR does not merely administer assistance to refugees who are resettling in the United States.  It also provides assistance to trafficking victims, it funds assistance to torture victims, and administers programs that provide for the care and placement of unaccompaied alien children (UACs) who are found in the United States while the Department of Homeland Security is resolving questions about UACs' immigration status.   At the time of this writing, not enough information had been released for analysts to determine how the proposed appropriation of $831 MILLION would be distributed among the various programs and functions that ORR administers.


During the course of the markup, Republicans offered 16 amendments to the bill, all of which were rejected.  The following immigration-related amendments were among those offered:
  • Illegal Immigrants Eligibility for In-State Tuition Rates in State Colleges.  Representative Todd Tiahrt (R-KS) offered an amendment that would have "clarified" that individuals living in the United States illegally cannot receive postsecondary education benefits unless every U.S. citizen and national is entitled to the benefits regardless of their place of residence. It also would have allowed any U.S. citizen or national enrolled in a postsecondary educational institution to sue the institution or state agencies that regulate the institution to require compliance with the above, and would entitle individuals that prevail to compensation for damages and litigation costs.  And it would have instructed the attorney general to annually report to Congress on any institutions that are violating the bill's purpose and prohibit federal agencies from providing financial assistance to those institutions. 
The Subcommittee rejected the amendment by a voice vote.

  • Citizenship Verification for the CHIP and Medicaid Programs.  Representative Todd Tiahrt (R-KS) offered an amendment that would have rescinded unobligated funds provided under the State Children's Health Insurance Program Reauthorization Act (PL 111-3), and would have required the program and Medicaid to verify the citizenship of individuals enrolled. 
The Subcommittee rejected the amendment by a voice vote.
 
  • Federal Public Benefits for Guantanamo Detainees.  Representative Todd Tiahrt (R=KS) offered an amendment that would have made detainees kept at the detention facility on the Guantanamo Bay, Cuba, naval station on the date of the bill's enactment, who are brought to the United States, permanently ineligible for federal public benefits.
The Subcommittee rejected the amendment by a vote of 5-11 .

Senators DeMint and Vitter Announce Legislative Attempt to Block Department of Justice Suit Challenging the Constitutionality of Arizona's Immigration Law


By Micheal E. Hill
Thursday, July 15, 2010  -- 10:16 am EDT
--Updated on Thursday, July 15, 2010 at 1:37 pm EDT--



Senators Jim DeMint (R-SC) and David Vitter (R-LA) on Wednesday, July 14, announed their intention to
offer an amendment to pending legislation that would prohibit the Department of Justice and any other federal agency from participating in lawsuits seeking to invalidate SB 1070, the controversial new immigration enforcement law that recently was enacted by the state of Arizona. 

The two senators on Wednesday
announced their intention to offer their amendment to H.R. 5297, a House-passed small business promotion measure that the Senate could take up next week.

In announcing he would offer the amendment, Senator DeMint said, "the state of Arizona is simply taking responsibility for a problem that the federal government has neglected for years, but Washington’s only response is to oppose these new enforcement efforts and take them to court.  The Obama administration should not use taxpayers’ money to pay for these lawsuits that the American people overwhelmingly oppose."

Senators DeMint and Vitter teamed up earlier this year on an ultimately unsuccessful attempt to force the acceleration of contruction of fencing along the U.S. border with Mexico, as well as on an unsuccessful effort to prohibit the counting of undocumented aliens in the 2010 census enumeration.


Click on the play button, below, to see video of Senator DeMint's appearance on the July 14, 2010, edition of FOX News Chanel's "Your World Cavuto" program touting his amendment:


Text of DeMint-Vitter Arizona Immigration Lawsuit Amendment

Press Release from Senator DeMint Announcing Arizona Lawsuit Amendment



House Judiciary Subcommittee Holds Hearing on
Comprehensive Immigration Reform


By Micheal E. Hill
Wednesday, July 14, 2010  -- 7:15 am EDT

--Updated on Thursday, July 15, 2010 at 1:45 pm EDT--




The House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border
Security, and International Law held a hearing on Wednesday, July 14, on "the ethical imperative for reform of our immigration system."

Testifying at the Wednesday hearing were Bishop Gerald F. Kicanas, Vice-President of the U.S. Conference of Catholic Bishops; Richard Land, President of the Ethics & Religious LIberty Commission (ERLC), the public policy entity of the Southern Baptist Convention; Reverend Matthew D. Staver, Founder and Chairman of the Liberty Counsel and Dean and Professor of Law of the Liberty University School of Law; and James R. Edwards, Jr., Fellow, Center for Immigration Studies. 



Click on the play button, above, to see video of the hearing.

Prepared Testimony of Bishop Gerald F. Kicanas

Prepared Testimony of James R. Edwards
Prepared Testimony of Matthew D. Staver
Prepared Testimony of Dr. Richard Land

 

White House Offers Further Comment on Department of Justice Suit Challenging the Constitutionality of Arizona's Immigration Law


By Micheal E. Hill
Monday, July 12, 2010  -- 9:15 pm EDT



White House Press Secretary Robert Gibbs answered a number of  questions on immigration during his July 12,  2010, White House Daily Briefing.  This was the first Daily Briefing following the appearance of Attorney General Eric Holder on the July 11, 2010, edition of CBS's "Face the Nation," in which the Attorney General spoke about the rationale for the U.S. Department of Justice lawsuit challenging the constitutionality of Arizona's SB 1070.


Click on the play button, above, to see excerpted questions and answers on immigration that were posed to Gibbs during briefing.

 
 

Congress Returns from a Week-Long
Independence Day Recess


By Micheal E. Hill
Friday, July 9, 2010  -- 5:30 pm EDT
--Updated on Monday, July 12, 2010 at 2:30 am EDT--

Congress returns this week from its week-long Independence Day recess.  The U.S. Senate returns on Monday.  The House follows on Tuesday.

Upon its return, the House will remain in session for three weeks, after which it will begin a six week-long August recess.  The Senate will remain in session for four weeks, after which it will begin a five week-long August recess.

Immigration will be a hot issue during the three- to four week-long work period that Congress is about to begin:
  • The House Judiciary Subcommittee on Immigration, Ciitizenship, Refugee, Border Security, and International Law has scheduled a hearing for this week on the ethical imperative for comprehsensive immigration reform.
  • The House Homeland Security Subcommittee on Border, Maritime and Global Counterterrorism has scheduled a hearing for this week titled “The Role of Unmanned Aerial Systems in Border Security.”
  • Beginning as soon as this week, the Senate Committee on Appropriations could begin to markup some or all of the four fiscal year 2011 regular appropriations bills that fund the federal government's border security, interior immigration enforcement, immigration services adjudication, refugee admissions, overseas refugee assistance, and refugee resettlement operations.
  • Sometime over the next several weeks, a Federal District Court in Phoenix will decide whether to enjoin Arizona from enforcing its controversial new immigration enforcement law pending resolution of the lawsuit filed by the U.S. Department of Justice challenging the measure's constitutionality.
  • While unlikely this week, the full House Committee on Appropriations and the full House of Representatives could  at any time dring the next three weeks take up three of the four fiscal year 2011 appropriations bills that fund the federal government's border security, interior immigration enforcement, immigration services adjudication, refugee admissions, and overseas refugee assistance operations.  Three different House appropriations subcommittees already have marked up their versions of the  Homeland Security, the State/Foreign Operations, and the Commerce, Justice, Science fiscal year 2011 appropriations bills.
  • While there is not likely to be any official actions on comprehensive immigration reform during the July  work period, jockeying and recriminations on the issue will continue behind-the-scenes.

Click Here to See "This Week on the Hill for the Week of July 12, 2010


 

Immigration a Hot Topic on Four of the Five Sunday
Public Affairs Programs



By Micheal E. Hill

Sunday, July 11, 2010  -- 5:40 pm EDT
--Updated on Monday, July 12, 2010 at 2:30 am EDT--

Immigration was a hot topic on four of the five major Sunday public affairs programs. on Sunday, July 11, with major segments devoted to the subject on ABC's "This Week" program, CBS's "Face the Nation" program, FOX's "Fox News Sunday" program, and CNN's "Late Edition" program.  Indeed, the only program that did not feature immigration this week was NBC's "Meet the Press" program.

The immigration topic that garnered the most attention on the July 11 programs was the federal lawsuit that the U.S. Department of Justice filed against the state of Arizona challenging the constitutionality of its controversial new immigration enforcement law.


The following video clips present the highlights from the immigration discussions on the four programs on Sunday:
  • ABC - This Week.  Among the guests appearing on the July 11, 2010, edition of  ABC's "This Week" were Representative Luis Gutierrez (D-IL), Chairman of the Congressional Hispanic Caucus Immigration Task Force, and Representative Brian Bilbray (R-CA), Chairman of the immigration restrictionist-leaning Immigration Reform Caucus:

  • CBS - Face the Nation.  Among the guests appearing on the July 11, 2010, edition of CBS's "Face the Nation" was Attorney General Eric H. Holder, Jr., who discussed the Department of Justice decision to file suit against the state of Arizona challenging the constitutionality of Ariziona's controversial new immigration enforcement law:

  • CNN - State of the Union.  Among the guests appearing on the July 11, 2010, edition of CNN's "Late Edition" program were Senior White House Advisor David Axelrod, Representative Trent Franks (R-AZ), and Governor Bill Richardson (R-NM), all of whom discussed the recent decision by the Department of Justice to file suit against the state of Arizona in an effort to overturn the state's controversial new immigration enforcement law:

  • FOX - Fox News Sunday.  Among the guests appearing on the July 11, 2010, edition of FOX's "Fox News Sunday" will be White House Senior Advisor David Axelrod, who was asked about tthe Department of Justice lawsuit challenging the constitutionality of Arizona's recently enacted immigration enforcement law, and Assistant Minority Leader Jon Kyl (R-AZ), who also was queried aout immigration.  Appearing during the roundtable segment of the July 11 program were Bill Kristol of The Weekly Standard and Fox News; Brit Hume, Fox News Senior Political Analyst; Mara Liasson of National Public Radio & Fox News; and Juan Williams of National Public Radio & Fox News.  The roundtable also addressed immigration during an extensive segment of the program:

 

 

White House Comments on Department of Justice Suit Challenging the Constitutionality of Arizona's Immigration Law


By Micheal E. Hill
Thursday, July 8, 2010  -- 8:50 pm EDT



White House Press Secretary Robert Gibbs answered numerous questions on immigration during his July 7, 2010, White House Daily Briefing.  This was the first Daily Briefing following the filing by the U.S. Department of Justice of a lawsuit challenging the constitutionality of Arizona's SB 1070.


Click on the play button, above, to see excerpted questions and answers on immigration that were posed to Gibbs during briefing.

 
 

Department of Justice Files Suit Against Arizona Challenging the Constitutionality of Its Immigration Enforcement Law


By Micheal E. Hill
Tuesday, July 6, 2010  -- 3:03 pm EDT

--Updated on Tuesday, July 6, 2010 at 8:35 pm EDT--


The Department of Justice on Tuesday filed suit against the state of  Arizona challenging the constitutionality of SB 1070, the controversial, recently enacted immigration enforcement law that is set to go into effect on July 29, 2010.

The Department filed suit in federal district court in Phoenix, Arizona, asking that the law be overturned and that, pending resolution of the suit, the state be enjoined from enforcing the new law.

In filing suit, Attorney General Eric Holder said,
"Arizonans are understandably frustrated with illegal immigration, and the federal government has a responsibility to comprehensively address those concerns."  The Attorney General went on to say in a statement that, notwithstanding those concerns, "diverting federal resources away from dangerous aliens such as terrorism suspects and aliens with criminal records will impact the entire country’s safety. Setting immigration policy and enforcing immigration laws is a national responsibility. Seeking to address the issue through a patchwork of state laws will only create more problems than it solves.”

Secretary of Homeland Security Janet Napolitano, herself a former governor of Arizona, weighed in with a statement of her own, saying, "
With the strong support of state and local law enforcement, I vetoed several similar pieces of legislation as Governor of Arizona because they would have diverted critical law enforcement resources from the most serious threats to public safety and undermined the vital trust between local jurisdictions and the communities they serve. We are actively working with members of Congress from both parties to comprehensively reform our immigration system at the federal level because this challenge cannot be solved by a patchwork of inconsistent state laws, of which this is one. While this bipartisan effort to reform our immigration system progresses, the Department of Homeland Security will continue to enforce the laws on the books by enhancing border security and removing criminal aliens from this country.”

The papers filed with the Court assert that, "[a]lthough states may exercise their police power in a manner that has an incidental or indirect effect on aliens, a state may not establish its own immigration policy or enforce state laws in a manner that interferes with the federal immigration laws,” the Justice Department suit says."

The papers go on to assert that "[i]f allowed to go into effect, S.B. [Senate Bill] 1070’s mandatory enforcement scheme will conflict with and undermine the federal government’s careful balance of immigration enforcement priorities and objectives. It will cause the detention and harassment of authorized visitors, immigrants, and citizens who do not have or carry identification documents specified by the statute, or who otherwise will be swept into the ambit of S.B. 1070’s 'attrition through enforcement' approach. ... It will altogether ignore humanitarian concerns, such as the protections available under federal law for an alien who has a well-founded fear of persecution or who has been the victim of a natural disaster.  And it will interfere with vital foreign policy and national security interests by disrupting the United States’ relationship with Mexico and other countries.”

The papers assert the federal government's support for cooperative efforts with states to aid in immifration enforcement.  However, the papers say that "the United States Constitution forbids Arizona from supplanting the federal government’s immigration regime with its own state-specific immigration policy – a policy that, in purpose and effect, interferes with the numerous interests the federal government must balance when enforcing and administering the immigration laws and disrupts the balance actually established by the federal government. Accordingly, S.B. 1070 is invalid under the Supremacy Clause of the United States Constitution and must be struck down.”


Complaint Filed by Department of Justice in the Case of USA vs. Arizona
Federal Motion for Injunction Preventing Implementation of SB 1070
Statement of the Department of Justice in Connection with the Suit

Statement by Governor Jan Brewer in Reaction to Federal Suit
Statements of Members of Congress in Reaction to Federal Suit

 

Lots of Immigration Talk on the July 4 Sunday Morning
Public Affairs Programs



By Micheal E. Hill

Monday, July 5, 2010  -- 10:20 am EDT
--Updated on Monday, July 5, 2010 at 5:05 pm EDT--

There was a surprising amount of immigration talk on the Sunday, July 4, public affairs programs, including discussions on CNN's "Late Edition" program, ABC's This Week" program, FOX's "Fox News Sunday" program, and CBS's "Face the Nation" program.

The following summarizes the immigration talk that occurred on Sunday, July 4:
  • ABC - This Week.  Among the guests appearing on the July 4, 2010, edition of  ABC's "This Week" was  Senator John McCain (R-AZ), who is the ranking Republican on the Senate Committee on Armed Services, the 2008 Republican Presidential nominee, and the former lead Republican sponsor of comprehensive immigration reform legislation.  During the program, he spoke extensively about immigration reform.
Immigration also was an issue that was dealt with extensively during the roundtable segment of the "This Week" program, which featured New York Times Columnist Paul Krugman, Senior Fellow at the Council on Foreign Relations and former Iraq Coalition Provisional Authority Spokesman Dan Senor, Bloomberg's Al Hunt, Univision's Jorge Ramos and Cynthia Tucker of the Atlanta Journal Constitution:

Interview of Senator McCain Roundtable Discussion

  • CBS - Face the Nation.  Participating in the July 4 program was Peter Baker of The New York Times, Jan Crawford, CBS News Chief Legal Correspondent, and Anne Kornblut of The Washington Post, who discussed immigration during their segment:

  • CNN - State of the Union.  Journalists Julie Mason, White House correspondent for the Washington Examiner, and Chris Cillizza, managing editor of PostPolitics.com and author of "The Fix" blog on washingtonpost.com appeared during the roundable discussion on CNN's "State of the Union" program, during which they discussed immigration:

  • FOX - Fox News Sunday.  Among the guests appearing on the July 4, 2010, edition of FOX's "Fox News Sunday" was Senator Jim DeMint (R-SC), who addressed immigration during his segment of the program:

 
 
Congress in the Midst of a Week-Long
Independence Day Recess


By Micheal E. Hill
Saturday, July 3, 2010  -- 8:00 am EDT
--Updated on Saturday, July 3, 2010, at 10:45 am EDT--

Congress is in the midst of its week-long Independence Day recess. 

The U.S. Senate will return to Washington on Monday, July 12, and the U.S. House of Representatives will return on Tuesday, July 13.

Upon its return, the House will remain in session for three weeks, after which it will begin a six week-long August recess.  The Senate will remain in session for four weeks, after which it will begin a five week-long August recess.

Immigration will be a hot issue during the three- to four week-long work period to come:
  • The House Committee on the Judiciary llkely will begin to hold hearings on comprehensive immigration reform.
  • The Senate Committee on Appropriations could begin to markup some or all of the four fiscal year 2011 regular appropriations bills that fund the federal government's border security, interior immigration enforcement, immigration services adjudication, refugee admissions, overseas refugee assistance, and refugee resettlement operations.
  • The full House Committee on Appropriations and the full House of Representatives could take up three of the four fiscal year 2011 appropriations bills that fund the federal government's border security, interior immigration enforcement, immigration services adjudication, refugee admissions, and overseas refugee assistance operations.  Three different House appropriations subcommittees already have marked up their versions of the  Homeland Security, the State/Foreign Operations, and the Commerce, Justice, Science fiscal year 2011 appropriations bills.
  • While there is not likely to be any official actions on comprehensive immigration reform during the July  work period, jockeying and recriminations on the issue will continue behind-the-scenes.

MicEvHill.Com will continue to provide links to important immigration- or refugee-related news stories on its "Immigration and Refugee Legislative News Roundup" page during the Independence Day recess.  However, for the most part, it will be taking a breather from regular updates in this space until Congress returns to action on Monday, July 12.

 

House Approves Its Version of Fiscal Year 2010 Supplemental Bill Containing More Than $700 Million in Border Security Provisions


By Micheal E. Hill
Friday, July 2, 2010  -- 9:00 am EDT

The House of Representatives has left town for its week-long Independence Day recess, but not before approving its version of a wide-ranging fiscal year 2010 supplemental appropriations bill containing $700 million of funding for border security and hundreds of millions more to assist refugees and Haitian Temporary Protected Status (TPS) applicants.  The pathway to enactment of the House-approved measure is anything but clear, however.  It is far from certain whether the Senate will go along with the additional spending that the House has approved, and the Obama Administration has threatened to veto the package over issues unrelated to its immigration, border security, refugee, or TPS provisions.

House action on the supplemental appropriations bill occurred on Thursday, July 1, when the House agreed to a wide-ranging amendment to a Senate-passed version of H.R. 4899, the Supplemental Appropriations Act, 2010.  The House agreed to the amendment by a vote of 239-182.  


From a border security perspective, the House-approved measure would appropriate more than $700 MILLION for  border security operations, including the following:
  • Customs and Border Protection.  $356.9 MILLION for salaries and expenses for the U.S. Customs and Border Protection (CBP) component of the Department of Homeland Security, including $208.4 MILLION to hire 1,200 additional Border Patrol agents and support personnel, $78 MILLION for the costs of maintaining CBP staffing on the Southwest border, $58 MILLION for hiring 500 additional CBP officers for deployment at ports of entry on the Southwest Border, $2.5 MILLION for forward operating bases on the Southwest border, and $10 MILLION to support integrity and background investigation programs.
  • Border Security Fencing, Infrastructure, and Technology.  $14 MILLION for costs of designing, building, and deploying tactical communications for support of enforcement activities on the Southwest border of the United States.
  • Air and Marine Interdiction Operations.  $32 MILLION for Air and Marine Interdiction Operations, Maintenance, and Procurement.

  • Operation Stonegarden.  $50 MILLION for Operation Stonegarden grants to support local law enforcement activities on the border.
  • National Guard Troop Deployments.  $50 MILLION that may be used to deploy National Guard troops to the southern border should the President decide to do so.
  • Immigration and Customs Enforcement.  $30 MILLION for the Immigration and Customs Enforcement (ICE) component of the Department of Homeland Security, for law enforcement activities targeted at reducing the threat of violence along the Southwest border of the United States.
  • Department of Justice.  $201 MILLION for the department of Justice for increased law enforcement activities related to Southwest border enforcement, including 2.1 MILLION for the Executive Office for Immigration Review, $7 MILLION for the Detention Trustee, $3.8 MILLION for general Legal Activities, $9.8 MILLION for Legal Activities, Salaries, and Expenses for U.S. Attorneys, and tens-of-millions more for other Department of Justice entities.

In addition to border security funding, Section 4149 of the draft House amendment to the Senate-passed supplemental appropriations bill  also would require the Secretary of Health and Human Services to make grants to States to defay the cost of serving children who entered the United States from Haiti following the earthquake that struck the nation in January of 2010. 

Thursday's House action preserves a number of refugee-related provisions that were in the Senate-passed version of H.R. 4899, including the following:
  • Migration and Refugee Assistance Account.  $165 MILLION for the MRA account, "to be used for assistance for Iraqi, Afghan, Pakistani, Congolese, Burmese, and Somali refugees and IDPs."  The recommended level of appropriation would be in addition to $1.685 BILLION that was appropriated in the regular fiscal year 2010 appropriations process.  The Obama Administration did not ask for the appropriation of any funds for MRA in its supplemental appropriations request.
  • Economic Support Fund Account.  $100 MILLION in ESF account funds for "for assistance for Jordan to help meet the needs of Iraqi refugees and address other pressing economic issues."
  • International Disaster Assistance for Haiti.  $465 MILLION in IDA funds, which the Committee indicates "may be used to reimburse obligations made prior to enactment of this act related to emergency relief and recovery efforts in Haiti following the earthquake of January 12, 2010, including to reimburse the IDA account to respond to humanitarian disasters worldwide, and an estimated $126,000,000 for reimbursable interagency agreements between USAlD's Office of United States Foreign Disaster Assistance and other Federal agencies."  The Obama Administration asked for only $350 MILLION for this purpose.
  • TPS and Humanitarian Parole for Haitians.  $10.6 MILLION to the U.S. Citizenship and Immigration Services (USCIS) bureau "for reception and resettlement services provided under the Cuban-Haitian Entrant Program; fee waivers for eligible Haitians granted TPS; and the humanitarian parole program to bring medical evacuees and certain categories of Haitians into the United States."  The Obama Administrationrequested $15 MILLION in emergency funding for USCIS, $11,000,000 of which was based on the estimated receipt of up to 250,000 Temporary Protected Status [TPS] applications.

Thursday's House action sets up a confrontation with the Senate, which will not be able to take up the measure until after July 12, when it is scheduled to return to Washington from its Independence Day recess.


Click Here to See the Text of the Senate-Passed Version of H.R. 4899
Click Here to See the House-Appoved Amendment to H.R. 4899
Click Here to See Administration's Veto Threat on H.R. 4899


Obama Calls for Enactment of Comprehensive Immigration Reform and Criticizes Arizona Immigration Law in Speech 
at American University


By Micheal E. Hill
Thursday, July 1, 2010  -- 2:22 pm EDT
--Updated on Tuesday, July 6, 2010 at 11:30 am EDT--




Pledging that he would not "kick the can" of immigration reform down the road for other Administrations to deal with, President Barack Obama on Thursday called for the enactment of comprehensive immigration reform legislation and criticized the Arizona immigration enforcement bill.  The President's remarks were made in a speech that he delivered before an invited audience at American University in Washington, DC.  The President broke no new ground, made no new policy or political initiatives, and announced no timetable for congressional action on immigration legislation.  Nonetheless, the President's remarks were deivered 
in the midst of what has been an extraordinary flurry of White House activity on immigration over the last week-to-ten-days.

In the last ten days, the Administration has taken the following actions: 

  • On Tuesday, June 22, White House Office of Management and Budget released a formal Obama Administration request for supplemental fiscal year 2010 border security funding
  • On Wednesday, June 23, Secretary of Homeland SecurityJanet Napolitano announced a series of new border security initiatives
  • On Monday, June 28, the President held an off-of-the-official-schedule meeting with more than a dozen pro-immigrant advocates.
  • On Monday, June 28, the White House dispatched a number of border security personnel  to meet with and Governor Jan Brewer (R-AZ), her staff, and other Arizona officials to discuss border security. 
  • On Tuesday, June 29, the President met with representatives of the Congressional Hispanic Caucus on comprehensive immigration reform.
  • On Thursday, July 1, President Obama delivered what the White House billed as a "major speech" on immigration at the American University in Washington, DC.
The Department of Justice s expected to file a Federal lawsuit against Arizona challenging its immigration enforcement law in the coming days. 


Click on the play button, above, to see video of the President's July 1, 2010, American University speech on immigration.


Text of the Obama July 1 Speech on Comprehensive Immigration Reform


 
 
White House Staffer Explains the Obama Administration's 
Immigration Plans and Policy in Webchat


By Micheal E. Hill
Thursday, July 1, 2010  -- 9:20 pm EDT

--Updated on Tuesday, July 6, 2010 at 11:30 am EDT--



Director of White House Intergovernmental affairs Cecilia Muñoz followed-up on President Obama's july 1, 2010, American University speech on comprehensive immigration reform by engaging in a webchat, where she took questions about immigration policy from a roundtable of journalists, as well asfrom online participants.


Click on the play button, above, to see video of the webchat.


 

House to Take Up Fiscal Year 2010 Supplemental Bill Containing More Than Half a Billion Dollars in Border Security Provisions


By Micheal E. Hill
Thursday, July 1, 2010  -- 9:00 am EDT
--Updated on Thursday, July 1, 2010 at 4:10 pm EDT--

Althought the timing and the exact process was not yet known at the time of this writing, the House Democratic Leadership has said that the House of Representatives today will take up the fiscal year 2010 emergency supplemental appropriations bill containing more than $700 MILLION in supplemental spending for border security.

The House Democratic Leadership earlier this week unveiled its draft of the domestic spending portion of the supplemental appropriations bill.  From a border security perspective, the draft House measure would appropriate more than $700 MILLION for  border security operations, including the following:
  • Customs and Border Protection.  $356.9 MILLION for salaries and expenses for the U.S. Customs and Border Protection (CBP) component of the Department of Homeland Security, including $208.4 MILLION to hire 1,200 additional Border Patrol agents and support personnel, $78 MILLION for the costs of maintaining CBP staffing on the Southwest border, $58 MILLION for hiring 500 additional CBP officers for deployment at ports of entry on the Southwest Border, $2.5 MILLION for forward operating bases on the Southwest border, and $10 MILLION to support integrity and background investigation programs.
  • Border Security Fencing, Infrastructure, and Technology.  $14 MILLION for costs of designing, building, and deploying tactical communications for support of enforcement activities on the Southwest border of the United States.
  • Air and Marine Interdiction Operations.  $32 MILLION for Air and Marine Interdiction Operations, Maintenance, and Procurement.

  • Operation Stonegarden.  $50 MILLION for Operation Stonegarden grants to support local law enforcement activities on the border.
  • National Guard Troop Deployments.  $50 MILLION that may be used to deploy National Guard troops to the southern border should the President decide to do so.
  • Immigration and Customs Enforcement.  $30 MILLION for the Immigration and Customs Enforcement (ICE) component of the Department of Homeland Security, for law enforcement activities targeted at reducing the threat of violence along the Southwest border of the United States.
  • Department of Justice.  $201 MILLION for the department of Justice for increased law enforcement activities related to Southwest border enforcement, including 2.1 MILLION for the Executive Office for Immigration Review, $7 MILLION for the Detention Trustee, $3.8 MILLION for general Legal Activities, $9.8 MILLION for Legal Activities, Salaries, and Expenses for U.S. Attorneys, and tens-of-millions more for other Department of Justice entities.

In addition to border security funding, Section 4149 of the draft House amendment to the Senate-passed supplemental appropriations bill  also would require the Secretary of Health and Human Services to make grants to States to defay the cost of serving children who entered the United States from Haiti following the earthquake that struck the nation in January of 2010. 

The House Democratic Leadership has scheduled floor consideration of the supplemental appropriations bill for sometime on Thursday, July 1.  However, on three previous occasions, it has scheduled action on the measure, only to decide at the last moment to pull the bill from the schedule.

The parlimentary procedure that the Democratic Leadership is reportedly considering using calls for  the House to take two separate votes; one on the domestic amendments to the Senate-passed supplemental apprpropriations bill and another on the Iraq/Afghanistan/Defense/foreign policy provisions.

A number of immigration- and refuge-related provisions that had been included in a previously released House draft of the supplemental appropriations bill are not included in the June 29 draft.  For instance, the earlier draft included 
$10.6 MILLION for the Department of Homeland Security to help defray the costs associated with adjudicating Temporary Protected Status (TPS) applicatons from Haitians displaced by the earthquake that devasted the island nation at the beginning of 2010.  It also included language permitting the transfer of exisiting appropiations to accomodate the deployment of 1,200 National Guard troops on the U.S. border with Mexico.  And it included $749.3 MILLION in ESF funds for Haiti, $90 MILLION in ESF funds for Jordan, and $350.7 MILLION in IDA funds for Haiti. 

It is unclear at the time of this writing whether those provisions will be included in a second set of language that the House could take up or if the House intends to defer to the Senate on its provisions relating to those matters. 



Click Here to See the Draft House Supplemental Appropriations Amendment


 

House Panel Approves Slightly Decreased Funding for Refugee Admissions and Overseas Refugee Assistance 


By Micheal E. Hill
Thursday, July 1, 2010  -- 9:00 am EDT


A House appropriations panel has approved a measure that would appropriate a slight decrease in funding for the federal government's refugee admissions and overseas refugee assistance programs in fiscal year 2011 relative to fiscal year 2010.  

Action on refugee appropriations occurred on Wednesday, June 30, 2010, in connection with the fiscal year 2011 State, Foreign Operations, and Related Programs Appropriations Bill.  The measure was marked-up in the House Appropriations Subcommittee on State, Foreign Operations, and Related Programs by a voice vote.


Funding for Migration and Refugee Assistance.  The Subcommittee approved an appropriation of $1.643 BILLION for the Department of State's Migration and Refugee Assistance (MRA) account.  That would constitute a reduction of $42 MILLION, or 2.6 percent, when compared to the over the fiscal year 2010 appropriation.   It would represent an increase of $37.6 MILLION, however, when compared to the Administration's fiscal year 2011 request.

Funding for Emergency Refugee and Migration Assistance. The Subcommittee approved an appropriation of $45 MILLION for the Department of State's Emergency Refugee and Migration Assistance (ERMA) account.  That is the same amount appropriated for ERMA in fiscal year 2010 and the same amount that the President requested for fiscal year 2011.

Funding for International Disaster Assistance.  The Subcommittee approved an appropriation of $845 MILLION for the Department of State's International Disaster Assistance (IDA) account, much of which is often used to assist refugees.  That is the same amount appropriated in fiscal year 2010 but a reduction of $15.7 BILLION below the amount that the President requested for fiscal year 2011.

Immigration- or Refugee-Related Amendments.  No immigration- or refugee-related amendments were offered to the measure during the course of the Subcommittee markup.



Much of the detail of what the Subcommittee intends is contained in committee report language, which has not yet been made available. 
MicEvHill.Com will provide a further analysis of the measure's refugee-related provisions once it has obtained a copy of the report language.

Now that the Subcommittee has completed action on the measure, the next step in the legislative process is full Appropriations Committee consideration of the bill.  At the time of this writing, no time-line for that action had yet been announced.



Chart Showing Funding in Draft FY '11 State-Foreign Operations  Appropriations Bill

 

House Panel Approves Slightly Increased Funding for EOIR While Taking On Immigration-Related Wedge Issue Amendments


By Micheal E. Hill
Wednesday, July 1, 2010  -- 9:00 am EDT


A House appropriations panel has approved a measure that would appropriate a slight increase in funding for the Executive Office for Immigration Review (EOIR) in fiscal year 2011 relative to fiscal year 2010.  During the course of the panel's markup, it took on a number of wedge-issue immigration-related amendments, approving two and rejecting two others.

Action on EOIR appropriations occurred on Tuesday, June 29, 2010, in connection with the fiscal year 2011 Commerce, Justice, Science, and Related Agencies (C-J-S) Appropriations Bill.  The measure was marked-up in the House Appropriations Subcommittee on Commerce, Justice, and Science, which approved the bill by a voice vote.


Funding for EOIR.  The Subcommittee approved an appropriation of $315.4 MILLION for the Department of Justice's Administrative Review and Appeals division, which houses EOIR.  That would constitute an increase of $18.735 MILLION, or 6.3 percent, over the fiscal year 2010 appropriation.   It would represent an increase of $.2 MILLION over the Administration's fiscal year 2011 request.


Immigration-Related Amendments Agreed To.  During the course of the markup, the Subcommittee agreed to two immigration-related amendments:
  • Guantanamo Detainees.  Wolf (R-VA) amendment that would clarify that no funding can be used to transfer or release detainees held at Guantanamo Bay on or after Jan. 20, 2009. that are not U.S. citizens or members of the U.S. armed forces, to the United States, its territories or its possessions.

It also would prohibit funding from being used to acquire, modify or construct facilities in the United States, its territories or its possessions to detain or imprison individuals under Defense Department custody that are not U.S. citizens or members of the U.S. armed forces and were held at Guantanamo Bay as of Oct. 1, 2009.

The Subcommittee agreed to the amendment by unanimous consent.

  • Operation Streamline.  Culberson (R-TX) amendment that would include report language to direct the attorney general to provide Congress with a report on the judicial districts participating in "Operation Streamline" or any similar border enforcement programs, the cost of that participation to the Justice Department and what the cost to the department would be if it expanded the programs to every judicial district on the United States-Mexico border, within 180 days of the bill's enactment.
The Subcommittee agreed to the amendment by unanimous consent.


Immigration-Related Amendments Rejected.  During the course of the markup, the Subcommittee rejected two immigration-related amendments:
  • Miranda Rights for Foreign Nationals and Enemy Combatants.  Culberson (R-TX) amendment that would bar the use of funds in the bill to pay the salaries of officers or federal employees who provide individuals that are foreign nationals and enemy belligerents, as defined under current law, and in the custody of the Defense Department or the intelligence community, with an explanation of their Miranda rights, except as required by the U.S. Supreme Court.
The Subcommittee rejected the amendment by a partyline vote of 4-9.
  • Lawsuit Against Arizona Immigration Enforcement Law.  Culberson (R-TX) amendment that would bar the use of the funds in the bill for the Justice Department to challenge in a lawsuit the Arizona state immigration legislation signed into law on April 23, 2010.
The Subcommittee rejected the amendment by a vote of 5-8. Representative Patrick Murphy (D-PA) voted for the amendment and was the only Member who crossed party lines in his vote.


Much of the detail of what the Subcommittee intends is contained in committee report language, which has not yet been made available.  MicEvHill.Com will provide a further analysis of the measure's immigration-related provisions once it has obtained a copy of the report language

Now that the Subcommittee has completed action on the measure, the next step in the legislative process is full Appropriations Committee consideration of the bill.  At the time of this writing, no time-line for that action had yet been announced.


Chart Showing Funding in Draft FY '11 C-J-S Appropriations Bill



  
New This Weekend
New!  MicEvHill.Com has posted a sneak peek at next week's edition of its "This Week on the Hill" page, reflecting a detailed listing of the (practically nonexistent, in this case) anticipated legislative action on immigration- and refugee-related matters for the week of August 2, 2010. -- Click Here to See "This Week on the Hill" for the Week of August 2, 2010
 
New!
MicEvHill.Com has posted a sneak peek at the immigration discussions that will likey occur on the coming weekend's Sunday public affairs prorams. -- Click Here to See a Preview of the Likley Immigration Discussions This Weekend
 
New!
MicEvHill.Com has added a number of important documents to its "Top Immigration and Refugee Legislative Documents" page, including a leaked USCIS memorandum on administrative alternatives to comprehensive immigration reform; the draft committee report and bill language for the Senate Appropriations Committee-approved Fiscal Year 2011 State, Foreign Operations Appropriations Bill; the Senate Appropriations Committee-approved Fiscal Year 2011 Labor, HHS, Education Appropriations Bill; and the Ninth Circuit Court of Appeals Order rejecting an expedited appeal and setting a schedule in the S.B. 1070 case of U.S.A. v. the State of Arizona. -- Click Here to See the Most Recently Added "Top Immigration and Refugee Legislative Documents"
  
New!
MicEvHill.Com's "Immigration and Refugee Legislative News Roundup" page has been updated to reflect important articles through the morning of Saturday, July 31, 2010. --  Click Here to See the Updated "Immigration and Refugee Legislative News Roundup"
 
New Yesterday
MicEvHill.Com has posted a summary of the refugee admissions, overseas refugee assistance, and refugee law reform provisions in the Senate Appropriations Committee-approved version of the Fiscal Year 2011 State, Foreign Operations, and Related Programs Appropriations Bill, along with a link to the draft committee report and draft bill text.  -- Click Here to See the Summary and a Link to the Original Source Material
 
MicEvHill.Com has posted a summary of the refugee resettlement, trafficking victim assistance, and torture victim assistance provisions in the Senate Appropriations Committee-approved version of the Fiscal Year 2011 Labor, Heallth and Human Serivices. Education, and Related Agencies Appropriations Bill, along with a link to the draft committee report and draft bill text.  -- Click Here to See the Summary and a Link to the Original Source Material
 
MicEvHill.Com has posted a summary of the debate on H.R. 847, a 9/11 first responders and victims medical compensation bill, that House Republicans blocked, in part because of concerns that illegal immigrants and noncitizens might benefit from the bill.  -- Click Here to See the Summary and a  Link to Video of the Debate
  
MicEvHill.Com's "Today on the Hill" page has been updated to reflect the anticipated immigration- and refugee-related legislative activity in the House and Senate for Friday, July 30, 2010. --  Click Here to See the Most Recent Edition of "Today on the Hill"
 
New This Week
MicEvHill.Com has posted video of news reports from KTVK-TV in Phoenix, Arizona and the PBS NewsHour on reaction to the July 28, 2010, federal district court ruling enjoining parts of Arizona's controverial new immigration enforcement law.  -- Click Here to See the Video Clips from KTVK-TV and the PBS NewsHour, which is the Featured "Immigration- and Refugee-Related Video of the Day" for Wednesday, July 28, 2010
 
MicEvHill.Com has added the text of Judge Susan Bolton's ruling on S.B. 1070, as well as a link to statements from officials in reaction to the ruling to its "Top Immigration and Refugee Legislative Documents" page. -- Click Here to See the Most Recently Added "Top Immigration and Refugee Legislative Documents"

MicEvHill.Com has added a number of important documents to its "Top Immigration and Refugee Legislative Documents" page, including a letter from a dozen Senate Republicans to Secretary Napolitano opposing the use of mass parole or DED; several letters from House Democrats asking Speaker Pelosi to move a border security supplemental appropriations bill; the text of H.R. 5875, the just-introduced fiscal year 2010 border security supplemental appropriations bill; and the amicus brief filed by 81 House Republicans in the case of U.S.A. v. the State of Arizona
. -- Click Here to See the Most Recently Added "Top Immigration and Refugee Legislative Documents"

MicEvHill.Com has posted a video excerpt from an appearance
by former Speaker of the House Newt Gingrich (R-GA) on the July 26, 2010, edition of FOX News Channel's "On the Record with Greta Van Susteren" program, during with the former Speaker spoke about the federal lawsuit challenging the constitutionality of Arizona's controversial new immigration enforcement law.  -- Click Here to See the Video Clip of Former Speaker Gingrich's Apperance on FOX News Channel, which is the Featured "Immigration- and Refugee-Related Video of the Day" for Tuesday, July 27, 2010

MicEvHill.Com has posted this week's edition of
its "This Week on the Hill" page, reflecting a detailed listing of the anticipated legislative action on immigration- and refugee-related matters for the week of July 26, 2010. -- Click Here to See "This Week on the Hill" for the Week of July 26, 2010
 
MicEvHill.Com has posted a video excerpt of House Speaker Nancy Pelosi's (D-CA) response to a question posed at the Netroots Nation Conference on July 24, 2010, in which she said that the Congressional Hispanic Caucus (CHC) does not want to move the DREAM Act as a stand-alone measure because of concerns that doing so would get in the way of enacting comprehensive immigration reform.  -- Click Here to See the Video Clip of Speaker Pelosi's Comments on the DREAM Act, which is One of the Featured "Immigration- and Refugee-Related Videos of the Day" for Monday, July 26, 2010
 
MicEvHill.Com has posted a video excerpt of Senate Majority Leader Harry Reid's (D-NV)  response to a question posed at the Netroots Nation Conference on July 24, 2010, in which he spoke of his strong support for the DREAM Act and comprehensive immigration reform, hinted at the possibility of moving CIR during a lame duck session following the 2010 mid-term elections, and pledged that he would not try to move the DREAM Act on the Senate floor unless he had 60 votes for it in hand.  -- Click Here to See the Video Clip of Majority Leader Reid's Comments on the DREAM Act and Comprenensive Immigration Reform Legislation, which is One of the Featured "Immigration- and Refugee-Related Videos of the Day" for Monday, July 26, 2010
 
MicEvHill.Com has posted a video excerpt of Governor Chris Christie's (R-NJ) appearance on the July 25, 2010, edition of  ABC's "This Week", during which the Governor called the problems besetting immigration a "federal issue that should be handled by the feds," commented on the need for border security, and called for a "common sense path to citizenship" for undocumented aliens. -- Click Here to See the Video Clip of Governor Christie's Appearance, which is the Featured "Immigration- and Refugee-Related Video of the Day" for Sunday, July 25, 2010
 
New Over the Weekend
MicEvHill.Com has posted a video excerpt from the July 25, 2010, edition of ABC's "This Week" program, during which Governor Chris Christie (R-NJ) discussed immigration policy. -- Click Here to See the Video Clip of Governor Christie's Comments on Immigration, WHich is the Featured "Immigration- and Refugee-Related zvideo of the Day for Saturday. July 24, 2010

MicEvHill.Com has posted video of two appearances by Pinal County, Arizona Sheriff Paul Babeu on KPNX-TV, during which he responded to charges that he was consorting with extremists and white supremacists during his campaigning on behalf of Arizona's S.B. 1070 immigration enforcement law. -- Click Here to See Video of the Sheriff's Appearances, Which is the Featured Immigration- and Refugee-Related Video of the Day" for  Saturday, July 25, 2010

MicEvHill.Com has posted video of television news reports from four sources -- one national and three local -- that capture the tenor of the July 20, 2010, federal district court hearings challenging the constitutionality of Arizona's S.B. 1070, describe the atmosphere in Phoenix outside the federal courthouse, and asseses the legal arguments made in the courtroom.  -- Click Here to See Video of the Debate, Which is the Featured Immigration- and Refugee-Related Video of the Day" for  Friday, July 24, 2010
 
New Last Week
MicEvHill.Com has posted video of the July 21, 2010, Senate floor debate on the DeMint amendment to H.R. 4123 that sought to bar Federal lawsuits challenging the constitutionality of Arizona's controversial new immigration enforcement law.  -- Click Here to See Video of the Debate, Which is the Featured Immigration- and Refugee-Related Video of the Day" for  Thursday, July 22, 2010

MicEvHill.Com has posted video of the July 20, 2010, House floor debate on H.R. 5283, the "Help Haitian Adoptees Immediately to Integrate Act of 2010 or Help HAITI Act of 2010," which the House went on to pass by a voice vote.  -- Click Here to See Video of the Debate, Which is the Featured Immigration- and Refugee-Related Video of the Day" for  Wednesday, July 21, 2010

MicEvHill.Com has posted video of
an appearance by Utah Attorney General Mark Shurtleff on the July 19, 2010, edition of CNN's "American Morning" program, during which he discussed the controversy in Utah over "The List" of alleged illegal aliens that was compiled by several statte employees and distributed throughout Utah and the nation.  -- Click Here to See Video of the Interview, which is One of the Featured Immigration- and Refugee-Related Videos of the Day" for  Tuesday, July 20, 2010

MicEvHill.Com has posted video of a joint press conference that was conducted on Monday, July 19, 2010, by John Morton, Assistant Secretary of Homeland Security for Immigration and Customs Enforcement; National Guard Bureau Chief General Craig McKinley; and Alan Bersin, Commissioner for the U.S. Customs and Border Protection Bureau.  The three officials held the press conference to explain the forthcoming August 1, 2010, deployment of National Guard troops along the U.S. border with Mexico.  -- Click Here to See Video of the Press Conference, which is the Featured Immigration- and Refugee-Related Video of the Day" for  Monday, July 19, 2010

MicEvHill.Com has posted its "This Week on the Hill" page, reflecting a listing of the anticipated legislative action on immigration- and refugee-related matters for the week of July 19, 2010. -- Click Here to See "This Week on the Hill" for the Week of July 19, 2010
 
MicEvHill.Com has posted video excerpts of the July 18, 2010, edition of CBS's "Face the Nation" during which Governor Bill Richardson (D-NM) and former Representative J.D. Hayworth (R-AZ) discussed immigration policy. -- Click Here to See the Video Clip, which is One of the Featured Immigration- and Refugee-Related Videos of the Day" for  Sunday, July 18, 2010
 
MicEvHill.Com has posted video excerpts of the July 18, 2010, edition of FOX's "FOX News Sunday" during which House Majority Whip Jim Clyburn (D-SC) and House Republican Conference Chairman Mike Pence (R-IN) discussed immigration policy. -- Click Here to See the Video Clip, which is One of the Featured Immigration- and Refugee-Related Videos of the Day" for  Sunday, July 18, 2010

MicEvHill.Com's "Immigration 
and Refugee Legislative News Roundup" page has been updated to reflect important articles through the morning of Sunday, July 18, 2010. --  
Click Here to See The Updated "Immigration and Refugee Legislative News Roundup"
 
MicEvHill.Com has posted a video recap of the immigration- and refugee-related discussions that took place during the July 18, 2010, Sunday morning public afffairs programs. -- Click Here to See  Video of the Immigration and Refugee-Related Discussions on the Sunday, July 18, 2010, Public Affairs  Programs
 
MicEvHill.Com has posted video of the July 16, 2010, press conference held by Utah Governor Gary R. Herbert and Utah Department of Workforce Services Director Kristen Cox remarking on the controversy over "The List" of alleged illegal immigrants that at least two state employees illegally compiled and then distributed throughout the state of Utah.   -- Click Here to See the Video of the Press Conference
 
MicEvHill.Com has posted video of Senator David Vitter's (R-LA) Friday, July 16, 2010, appearance on FOX News Channel's "America Live" program to discuss the effort that he and Senator Jim DeMint (R-SC) are undertaking to bar federal funding for any lawsuits challenging the constitutionality of SB 1070, Arizona's controversial new immigration enforcement law.   -- Click Here to See the Video Clip, which is the Featured Immigration- and Refugee-Related Video of the Day" for  Saturday, July 17, 2010
 
MicEvHill.COM has posted video clips from two Friday, July 16, 2010, reports on KUTV-News in Salt Lake City, about "the list" of alleged illegal immigrants that at least two state employees illegally compiled and then distributed throughout the state of Utah.   -- Click Here to See the Video Clips, which Constitute the Featured Immigration- and Refugee-Related Video of the Day" for  Friday, July 16, 2010
 
New This Month
MicEvHill.Com has posted Friday's edition of its "Today on the Hill" page, reflecting the anticipated legislative action on immigration- and refugee-related matters for Friday, July 16, 2010. -- Click Here to See "Today on the Hill"
 
MicEvHill.Com has posted a summary of the immigration enforcement and immigration services provisions in the Senate Appropriations Committee-approved version of the Fiscal Year 2011 Homeland Security Appropriations Bill, along with a link to the draft committee report and draft bill text.  -- Click Here to See the Summary and the Link to the Original Source Material
 
MicEvHill.Com has posted a summary of the July 15, 2010, House Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies  markup of its fiscal year 2011 appropriations bill, during which several immigration-related amendmetns were offered and rejected.  -- Click Here to See the Summary

MicEvHill.Com has posted video of the July 14, 2010, appearance of Representative Luis Gutierrez (D-IL) on C-SPAN's "Washington Journal" program, during which the Congressman spoke about U.S. immigration policy and fielded questions from listeners.  
-- Click Here to See the Video of the Program, which is the Featured Immigration- and Refugee-Related Video of the Day" for  Thursday, July 14, 2010
 
MicEvHill.Com has posted a video clip of a July 14, 2010, appearance by Senator Jim DeMint (R-SC) on the FOX News Channel's Cavuto" program, on which Senator Jim DeMint (R-SC) explained why he plans to offer an amendment to pending legislation that would bar the federal government from suing the state of Arizona to block implementation of SB 1070.   -- Click Here to See the Video Clip

MicEvHill.Com has posted a revised version of its
"This Week on the Hill" page, reflecting an updated listing of the anticipated legislative action on immigration- and refugee-related matters for the week of July 12, 2010. -- Click Here to See "This Week on the Hill" for the Week of July 12, 2010
 
MicEvHill.Com has posted video of the July 14, 2010, House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law hearing on the moral imperatives for reform of our immigration laws.   -- Click Here to See the Video of the Hearing
 
MicEvHill.Com has posted video excerpts of immigration-related questions & answers from White House Press Secretary Robert Gibbs' July 13, 2010, White House Daily Briefing.  --  Click Here to See the Video Excerpt, from the Briefing which Constitutes One of the Featured Immigration- and Refugee-Related Videos of the Day" for  Wednesday, July 14, 2010

MicEvHill.Com has posted video of the July 11, 2010, edition of C-SPAN's "Q&A" program, featuring
Jorge Ramos, Anchor of Univision's "Noticero Univision" and "Al Punto" programs.  During the program, Ramos discussed his books, his roots, his feelings about being an immigrant in the United States, and U.S. immigration politics and policy.  --  Click Here to See the Video of the Program, Which is the Featured Immigration- and Refugee-Related Video of the Day" for  Tuesday, July 13, 2010

MicEvHill.Com has posted video of the July 11, 2010, edition of C-SPAN's  "Newsmakers" prgram, during which
Representative Darrell Issa (R-CA) discussed the state of immigration enforcement/reform in the United States and the direction in which the Republican party is heading.  --  Click Here to See the Video of the Program, Which is the Featured Immigration- and Refugee-Related Video of the Day" for  Monday, July 12, 2010
 
MicEvHill.Com has posted a preview of Congress's likely immigration- and refugee-related legislative agenda for the July work period.  --  -- Click Here to See a Preview of the Immigration- and Refugee-Related Agenda for the July Work Period

MicEvHill.Com has posted a video recap of the immigration- and refugee-related discussions that took place during the July 11, 2010, Sunday morning public afffairs programs. -- Click Here to See  Video of the Immigration and Refugee-Related Discussions on the Sunday, July 11, 2010, Public Affairs  Programs


Home
Today on the Hill
This Week on the Hill
Over the Horizon
Top Documents
Archives
About
Home - July 2010