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Tuesday, May 31, 2011

Last Updated on Wednesday, June 1, 2011 at 8:30 pm EDT
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House Consideration of the FY '12 Homeland Security Appropriations Bill and the Markup of Multiple Immigration Bills in the House Judiciary and House Homeland Security Committees Highlight This Week's Immigration and Refugee Legislative Agenda


By Micheal E. Hill
Monday, May 30, 2011 -- 10:15 am EDT
--Updated on Tuesday, May 31, 2011, at 6:00 pm EDT--
--Original Version Posted on Friday, May 27, 2011 at 10:05 am EDT--

 The Senate will be in recess this week. However, plenty of action will take place on Capitol Hill during the week as the House of Representatives remains behind for a Memorial Day-shortened week of immigration-laden legislative activity.

Indeed, immigration will be front and center this week as the U.S. House of Representatives takes up the Fiscal Year 2012 Homeland Security Appropriations Bill; the House Committee on the Judiciary marks up two controversial immigration bills, including a bill providing for the indefinite detention of "dangerous aliens" and a measure to make it easier to deny and revoke aliens' visas; and a House Homeland Security subcommittee conducts markups of three border security bills.


On-the-Hill Activity
In all, at the time of this writing, two hearings, five markups, and three floor actions that could have consequences for immigration or refugee policy were scheduled to occur in Congress this week.

The following lists several highlights of the coming week's immigration- and refugee-related legislative-related action:
  • House to Take Up Deeming Resolution Setting Stage for Considering the FY '12 Appropriations Bills. The full House of Representatives this week is expected to take up a "Deeming Resolution" containing provisions "deeming" that the discretionary spending allocations contained in H. Con. Res. 34, the House-approved Fiscal Year 2012 Budget Resolution, are the final allocations in effect for the purposes of House floor consideration of the fiscal year 2012 appropriations bills.

    The Fiscal Year 2012 Subcommittee Spending Allocations, known as 302(b) allocations after the section of the Congressional Budget Act of 1974 that provides for them, will set the stage for markup of the 12 fiscal year 2012 appropriations bills in the full Committee and consideration of the measures on the House floor.

  • House Likely to Consider Dozens of Immigration-Related Amendments as it Takes Up the FY '12 Homeland Security Appropriations Bill. The full House of Representatives is expected to consider dozens of immigration- and border security-related amendments this week as it takes up H.R. 2017, its version of the Fiscal year 2012 Homeland Security Appropriations Bill.
Each year, the Homeland Security Appropriations Bill appropriates funding for the Department of Homeland Security, including appropriations for the border security, interior immigration enforcement, and immigration services functions of the federal government. The House Appropriations Subcommittee on Homeland Security approved its version of the measure on Friday, May 13, 2011. The full House Committee on Appropriations marked up the measure on Tuesday, May 24, 2011. As reported to the House of Representatives, the measure contains modest increases in funding for border security and interior immigration enforcement; deep cuts in funding for immigration services; and numerous immigration-related legislative riders, spending limitations, and directives.

  • House to Take Up the FY '12 MilCon Appropriations Bill Containing Federal Contractor E-Verify Provision. The full House of Representatives this week is expected to take up its version of the Fiscal year 2012 Military Construction, Veterans Affairs, and Related Agencies Appropriations Bill.

    Each year, the Military Construction and Veterans Affairs Appropriations Bill appropriates funding for military construction and the Veterans Administration. Included in the measure that the House Committee on Appropriations has reported to the House is Section 414, which would bar funding to any contract in which the contractee does not comply with an executive order requiring federal contractees to use the E-Verify System to verify the employment eligibility of its employees. The Subcommittee on Military Construction, Veterans Affairs, and Related Agencies marked up its version of the measure on Friday, May 13, 2011. The full House Committee on Appropriations approved the measure on Tuesday, May 24, 2011.

  • House Judiciary Committee to Markup Controversial Immigration Bills. The House Committee on the Judiciary is scheduled to mark up two controversial immigration-related bills this week:
      
    • Bill on the Indefinite Detention. The House Committee on the Judiciary has scheduled a markup this week of H.R. 1932, the "Keep Our Communities Safe Act of 2001", a measure introduced by House Judiciary Committee Chairman Lamar Smith (R-TX) that would provide for the indefinite detention of "dangerous aliens".

     
    • Visa Security Bill. The House Committee on the Judiciary has scheduled a markup this week of H.R. 1741, the "Secure Visas Act", which was introduced by House Judiciary Committee Chairman Lamar Smith (R-TX).
  • House Homeland Security Panel to Hold Multiple Markups of Immigration-Related Bills. The House Homeland Security Subcommittee on Border and Maritime Security is scheduled to markup three border seurity bills this week:
    • The Secure Border Act of 2011. The House Committee on Homeland Security Subcommittee on Border and Maritime Security has scheduled a markup for this week of H.R. 1299, the "Secure Border Act of 2011", a measure introduced by House Homeland Security Subcommittee on Border and Maritime Security Chairwoman Candice Miller (R-MI).

     
    • Border Security Enforcement Task Force. The House Homeland Security Subcommittee on Border and Maritime Security has scheduled a markup for this week of H.R. 1299, the "Secure Border Act of 2011", a measure introduced by House Homeland SecureityCommittee on the Judiciary has scheduled a markup this week of H.R. 1741, the "Secure Visas Act", which was introduced by House Judiciary Committee Chairman Lamar Smith (R-TX).


    • CBP Access to Federal Lands. The House Homeland Security Subcommittee on Border and Maritime Security has scheduled a markup for this week of H.R. 915, the "Jamie Zapata Border Enforcement Security Task Force Act", a measure introduced by Homeland Security Subcommittee on Border and Maritime Security Ranking Minority Member Henry Cuellar (D-TX).
  • Immigration Issues Could Come Up in House Appropriations Committee Markups of Various Appropriations Bills. The House Committee on Appropriations this week expects to hold markup sessions for the Fiscal Year 2012 Agriculture and Fiscal Year 2012 Defense Appropriations bills. While neither bill is known to contain any immigration-related provisions, it is possible that Members could offer immigration-related amendments during the markup sessions.

  • House Judiciary Panel to Examine the Civil Rights Division of the Department of Justice. The House Judiciary Subcommittee on the Constitution has scheduled an oversight hearing for this week to examine the operations of the Civil Rights Division of the Department of Justice.
  • House Foreign Affairs Committee to Hold Hearing on Human Rights in Asia. The House Committee on Foreign Affairs has scheduled a hearing for this week titled, "Religious Freedom, Democracy, Human Rights in Asia: Status of Implementation of the Tibetan Policy Act, Block Burmese JADE [Junta's Anti-Democratic Efforts] Act (PL 110-286), and North Korean Human Rights Act."
 
"Off-of-the-Hill" Activity
In addition to the schedule of immigration-related action taking place this week on Capitol Hill, a number of significant "off of the Hill" immigration-related activities also are scheduled to occur.

The following lists several highlights of this week's "off-of-the-Hill" immigration- and refugee-related legislative-related action:
  • Presentation on the Hispanic Population in the United States. The Bureau of the Census has scheduled a web event for this week to discuss new details on the Hispanic population.
  • Discussion on Internal Displacement During Natural Disaster. The Brookings Institution's Brookings-LSE Project on Internal Displacement has scheduled a discussion for this week on "Responding to Natural Disasters," focusing on challenges humanitarian agencies and governments face as they respond to an increasing number of deadly natural disasters each year.
  • Discussion on Russian Immigration. The Woodrow Wilson Center (WWC) has scheduled a discussion in for this week on "Immigration and Social Power: The Russian Case."
  • Discussion on Hispanics and Immigrants in the Economy. The National Economists Club has scheduled a luncheon discussion for this week, during which it will host Rakesh Kocchar, Associate Director for Research at the Pew Hispanic Center, who will deliver remarks on "Hispanics and Immigrants in the Economic Boom and Bust, 2000-2010."
  • Briefing on the Changing Demography of the United States. The President of Univision is scheduled for this week to participate in a keynote interview at a briefing on how the changing demography of the U.S. is affecting the economy, what adjustments should be made to the public policy agenda to create pathways to opportunity, and what opportunities these emerging communities create for American businesses.

 
 

The Subject of Immigration is Again Unlikely to Come Up on This
Weekend's Sunday's Public Affairs Programs


By Micheal E. Hill
Saturday, May 28, 2011  -- 9:30 am EDT
--Original Version Posted on Friday., May 27, 2011 at 8:10 am EDT--
 

The subject of immigration could come up during this weekend's Sunday Pubic Affairs programs as Senate Judiciary Subcommittee on Immigration, Refugees, and Border Security Chairman Charles Schumer (D-NY) and on-again-off-again comprehensive immigration reform supporter Senator John McCain (R-AZ) make appearances on the programs.  However, it is more likely than not that the subject wlll not come up as the programs concentrate on debt limit, budget, and presidential politics.

The following is a preliminary guide to what can be expected on this weekend's programs:
  • ABC - This Week.  Among the guests on the May 29, 2011, edition of ABC's "This Week" program will be  former Governor Tim Pawlenty (R-MN), who recently announced his candidacy for the 2012 Republican presidential nomination; and Governor Mitch Daniels (R-IN), who recently announced he would not be a candidate for the 2012 Republican presidential nomination.  Given the lineup of guests, it is unlikely that the subject of immigration will be discussed during the program. 
  • CBS - Face the Nation.  Among the guests on the May 29, 2011, edition of CBS's "Face the Nation" program will be House Majority Leader Eric Cantor (R-VA) and Representative Debbie Wasserman Schultz, Chair of the Democratic National Committee.  Given the lineup of guests, it is unlikely that the subject of immigration will be discussed during the program. 
  • CNN - State of the Union.  Among the guests on this week's edition of CNN's "State of the Union" program will be General Peter Chiarelli, Vice Chief of Staff of the U.S. Army; Paul Rieckhoff, Executive Director and founder of Iraq and Afghanistan Veterans of America; Tim Tetz, Legislative Director for The American Legion; Senator Patty Murray, Chairwoman of the Senate Veterans’ Affairs Committee; and Dale Beatty, co-founder of Purple Heart Homes.  Also appearing on the program will be Governor Jay Nixon (D-MO), who will discuss the situation the state faces in the wake of a spate of tornadoes that the state has recently sustained.  Given the lineup of guests, it is unlikely that the subject of immigration will be discussed during the program. 
  • FOX - FOX News Sunday.  Among the guests appearing on the May 29, 2011, edition of FOX's "FOX News Sunday" will be Senate Armed Services Committee Ranking Minority Member John McCain (R-AZ); Freshman Representative Alan West (R-FL); and Representative Donna Edwards (D-MD).  Appearing during the roundtable segment of the program will be Bill Kristol of The Weekly Standard and Fox News; Nina Easton of Fortune Magazine and Fox News; Byron York of The Washington Examiner and Fox News; and Juan Williams, Fox News Political Analyst. Given the lineup of guests, it is possible that the subject of immigration will be discussed during the program.
  • NBC - Meet the Press.  Among the guests appearing on the May 29, 2011, edition of NBC's "Meet the Press" will be Senate Minority Leader Mitch McConnell (R-KY) and Senate Democratic Policy Committee Chairman Charles Schumer (D-NY).  Appearing during the roundtable segment of the program will be former Representative Harold Ford, Jr. (D-TN); GOP Strategist Alex Castellanos; Washington Post Columnist Ruth Marcus; and New York Times Columnist David Brooks. Given the lineup of guests, it is possible that the subject of immigration will be discussed during the program.

MicEvHill.Com will post any immigration-related video excerpts from the programs beginning late afternoon on Sunday, May 29.

 

House Approves FY '12 Defense Authorization Bill Containing a Number of Immigration-Related Provisions


By Micheal E. Hill
Thursday, May 26, 2011  -- 9:40 am EDT
--Updated on Monday, May 30, 2011, at 10:10 am EDT--
--Original Version Posted on Monday, May 23, 2011 at 6:35 pm EDT--

The U.S. House of Representatives has passed a measure authorizing funding for the Department of Defense that contains a number of immigration- and border security-related provisions, many of which deal with Guatanamo detainees.  House floor action on the measure occurred on Wednesday, May 26, 2011, and Thursday May 27, 2011, in connection with H.R. 1540, the National Defense Authorization Act for Fiscal Year 2012.  The House passed the measure on Thursday, May 27, 2011, by a vote of 322-96.


Immigration-Related Provisions
As approved by the House Committee on Armed Services, H.R. 1540 contained the following immigration-related provisions:
  • Prohibition of Transfer or Release of Guantanamo Detainees into the United States. Section 1039 of the House Armed Services Committee-reported version of H.R. 1540 would prohibit the Secretary of Defense from using funds available to the Department for fiscal year 2012 to transfer or release certain detainees to or within the United States, its territories, or possessions. This prohibition applies to individuals detained at U.S. Naval Station, Guantanamo Bay, Cuba, and to individuals detained by the Department of Defense overseas.
 
  • Prohibition of Transfer of Guantanamo Detainees. Section 1040 of the House Armed Services Committee-reported version of H.R. 1540 would prohibit the Secretary of Defense from using any of the funds available to the Department of Defense for fiscal year 2012 to transfer or release individuals detained at U.S. Naval Station, Guantanamo Bay, Cuba, to or within a foreign country or any other foreign entity. This prohibition would apply unless the Secretary of Defense, in consultation with the Secretary of State, certifies a number of factors to Congress at least 30 days prior to the transfer of any such individual. Among the factors are that the government of the country or the recognized leadership of the entity to which the individual would be transferred are not state sponsors of terrorism and that such government has not had their previously returned nationals subsequently engage in terrorist activity.
  • Requirement for Consultation Prior to Prosecution of Terrorists.  Section 1042 of the House Armed Services Committee-reported version of H.R. 1540 would require the Attorney General, Deputy Attorney General, or Assistant Attorney General for the Criminal Division, to consult with the Director of National Intelligence and the Secretary of Defense before instituting any prosecution of an alien in U.S. Dstrict Court for a terrorist offense.
  • Medical Care Coverage for H2-B Workers in Guam. Section 2842 of the House Armed Services Committee-reported version of H.R. 1540 would prohibit the Secretary of the Navy from awarding any additional construction projects associated with the realignment of military forces to Guam until establishing a lead system integrator for health care for the H-2B workers.
 
 Immigration- and Refugee-Related Floor Amendments Agreed To
The House agreed to the following four immigration- or refugee-related amendments during  floor consideration of H.R. 1540:
  • CUELLAR SHARING OF INTELLIGENCE WITH DHS AMENDMENT.  Representative Henry Cuellar (D-TX) has filed Cuellar Amendment Number 35 (Originally Cuellar #166), that would express the sense of Congress that the Department of Defense should continue to share intelligence and technology with the Department of Homeland Security to address national security threats on the southwest border from transnational criminal organizations, including the testing on the border of surveillance technologies being considered for combat operations, and directs the Department of Defense to brief Congress on programs to build Mexico’s capacity to combat transnational criminal organizations.

The House agreed to the Cuellar Amendment on May 25, 2011, as part of en bloc amendment Number A003,  by a voice vote.

  • FLAKE DEPLOYMENT OF NATIONAL GUARD ON THE SOUTHWEST BORDER AMENDMENT.  Representative Jeff Flake (R-AZ) has filed Flake Amendment Number 39, (Originally Flake #39), that would express the sense of Congress indicating that the deployment of National Guard personnel along the southwestern border should continue through the end of fiscal year 2011.

The House agreed to the Flake Amendment on May 25, 2011,  by a voice vote.
 
  • HANABUSA CITIZENSHIP FOR GUANTANAMO DETAINEE AMENDMENT.  Representative Colleen Hanabusa (D-HI) has filed Hanabusa Amendment Number 44 (originally Hababusa #46), that would preclude past, present, and future Guantanamo detainees from obtaining U.S. citizenship if they are repatriated to either the Federated States of Micronesia, the Republic of Palau, or the Republic of the Marshall Islands, notwithstanding the provisions of the Compact of Free Association.

    The House agreed to the Hanabusa Amendment on May 25, 2011, as part of en bloc amendment Number A007,  by a voice vote.

  • MILLER BORDER TECHNOLOGY AND EQUIPMENT AMENDMENT.  Representative Candice Miller (R-MI) has filed Miller Amendment Number 123 (Originally Miller #185), that would direct the Department of Defense to collaborate with the Department of Homeland Security to identify technology and equipment that could be used to secure the border. 

The House agreed to the Miller Amendment on May 26, 2011, as part of en bloc amendment Number 4,  by a voice vote.


Immigration- and Refugee-Related Floor Amendments Defeated by the House:
The House rejected one immigration-related amendment during its consideration of the measure:
  • SMITH TRANSFER OF GUANTANAMO DETAINEES AMENDMENT.  Representative Adam Smith (D-WA) has filed Smith Amendment Number 42 (originally Smith #59), that would amend Section 1039 of H.R. 1540 to allow transfer of detainees to the US to testify in federal court. The amendment also would strike language barring the transfer of detainees held abroad to the US, and it would require certification by the Attorney General prior to transfer.

    The House rejected the Smith Amendment on May 26, 2011, by a vote of 165-253.


Immigration- and Refugee-Related Floor Amendments Denied Floor Access by the Rule:In addition to the five immigration- or refugee-related floor amendments that the House Committee on Rules allowed to be offered to the bill, the Committee's rule has precluded Representative Ted Poe (R-TX) from offering one controversial border security-related amendment:
  • POE NATIONAL GUARD DEPLOYMENT AMENDMENT.  Representative Ted Poe (R-TX) filed an amendment that would have directed the Secretary of Defense to deploy at least an additional 10,000 members of the National Guard along the U.S.-Mexico border until the Secretary of Homeland Security certifies that the federal government has achieved operational control of the border.


Next Steps:
Now that the U.S. House of Representatives has passed H.R. 1540, the next step in the legislative process is for the Senate Committee on Armed Services to produce its version of the bill, a step that will be followed by consideration of that measure by the full Senate.  At the time of this writing, no timetable for those actions had yet been determined.

House Appropriations Committee Approves Fiscal Year 2012
Homeland Security Appropriations Bill


By Micheal E. Hill
Wednesday, May 25, 2011  -- 9:58 am EDT
--Updated on Friday, May 27, 2011, at 7:30 am EDT--

The House Committee on Appropriations has approved H.R. 2017, its version of the Fiscal year 2012 Homeland Security Appropriations bill, readying the measure for House floor consideration.  The Full House is expected to take up the measure during the week of May 30, 2011.

The Committee-approved version of the Fiscal Year 2012 Homeland Security Appropriations Bill would provide slightly elevated levels of funding for border security and interior immigration enforcement, relative to fiscal year 2011. However, it would make a substantial cut in fiscal year 2012 directly appropriated funding for immigration services, relative to fiscal year 2011.

Among the Committee-approved measure’s notable immigration services-related funding cuts is its rejection of the Obama Administration’s request for direct appropriations for refugee and asylum application adjudications and its provision that would bar the use of directly appropriated USCIS funds for immigrant integration program grants.  Notwithstanding the bar on directly appropriated funding for immigrant integration programs, however, the Draft measure would provide a funding stream for immigrant integration grant program; it does this by appropriating $8.5 MILLION in Immigration Examinations Fee Account funding for such a program, provided that none of the funds are used to provide immigrant integration program services to an alien who has not been admitted for lawful permanent residence.

From an enforcement perspective, while the Committee-approved measure would not dramatically increase overall spending for border or interior immigration enforcement, it would redirect priorities, increasing the minimum number of detention beds, for instance, from 33,400 to 34,000; explicitly funding Operation Stonegarden; and increasing funding for the Secure Communities Program.

The Committee took up nine immigration- or refugee-related amendments during its consideration of the FY ’12 Homeland Security Appropriations Bill, agreeing to  six of them and rejecting one of them. Two of the nine immigration- or border security-related amendments that were offered during the Committee markup were withdrawn by the amendments’ authors before the Committee could vote on them.

All six of the immigration- or border security-related amendments that the Committee agreed to were contained in the “Manager’s Amendment”, which was agreed to by a voice vote.


Immigration- and Border Security-Related Amendments Agreed to in Committee
Immigration- and Border Security-Related Amendments Agreed to by the Committee. The Committee agreed to six immigration- or border security-related amendments, all of which were contained in an en bloc “Manager’s Amendment”.  The following summarizes each of the six amendments:

  • MODIFICATION OF LANGUAGE RELATING TO IMMIGRANT INTEGRATION FUNDING.  Included in the Manager’s Amendment was a provision modifying language in the Section 546 of the House Appropriations Subcommittee on Homeland Security-approved version of the Fiscal Year 2012 Homeland Security Appropriations Bill.
The original language in Section 546 of the bill provided that USCIS could use an amount ‘not to exceed” $8.5 MILLION of Immigration Examinations Fee Account funds for an immigrant integration grants program. 

The Manager’s Amendment modified the language in the bill, as approved by the Subcommittee, instead specifically appropriating $8.5 MILLION for an immigrant integration grants program from funds deposited into the Immigration Examinations Fee Account.

The Manager’s Amendment left untouched  language in the House Appropriations Subcommittee on Homeland Security-approved version of the Fiscal Year 2012 Homeland Security Appropriations Bill  providing that none of the funds made available to USCIS for grants for immigrant integration may be used to provide services to aliens who have not been lawfully admitted for permanent residence.


The Committee agreed to this amendment as part of an en bloc “Manager’s Amendment”, which the Committee agreed to by a voice vote.

 

  • CBP SCREENING OF UNACCMPANIED ALIEN CHILDREN.  Included in the Manager’s Amendment was a provision adding report language indicating that “the Committee directs CBP to comply with current law, including the William Wilberforce Trafficking Victims Protection Reauthorization Act.  CBP should ensure that unaccompanied children are properly screened for sexual assault, trafficking, exploitation or other mistreatment.  The Committee encourages CBP to work with local child welfare organizations or other appropriate organizations to assist in screening and to ensure appropriate training of CBP personnel.”

The Committee agreed to this amendment as part of an en bloc “Manager’s Amendment”, which the Committee agreed to by a voice vote.

 

  • EFFORTS TO INCREASE CRIMINAL PROSECUTION AND REDUCE RECIDIVISM OF ILLEGAL ENTRIES.  Included in the Manager’s Amendment was a provision adding report language under the heading, “Criminal Prosecution and Recidivism” saying that “[s]ince 2001, the U.S. government has utilized a number of tools to attempt to reduce the incidence of recidivism when it comes to illegal border crossing between ports of entry.  The Committee directs CBP and ICE to provide a briefing on all the tools that have been utilized, such as lateral repatriation, interior repatriation, criminal prosecution; their findings regarding the effectiveness of these measures in reducing recidivism; and their plans for expansions of any of these activities as result of their findings.”.

The Committee agreed to this amendment as part of an en bloc “Manager’s Amendment”, which the Committee agreed to by a voice vote.

 

  • CRIMINAL PROSECUTIONS AND COOPERATION WITH U.S. ATTORNEYS.  Included in the Manager’s Amendment was a provision adding report language under the heading, “Criminal Prosecution and Cooperation with U.S. Attorneys” saying that “[t]he Committee understands that Federally-developed, case-management tools have been used with great success to more efficiently manage the case load of immigration-related prosecutions along the Southwest Border.  The Committee encourages SAUSAs detailed from ICE and CBP, working with the USAOs to look at these tools and consider adopting their use.”.

The Committee agreed to this amendment as part of an en bloc “Manager’s Amendment”, which the Committee agreed to by a voice vote.

 

  • PREVENTING MISUSE OF AND DEALING WITH ERRONEOUS INFORMATION IN THE SAVE SYSTEM.  Included in the Manager’s Amendment was a provision modifying proposed report language under the heading, “Systematic Alien Verification for Entitlements” saying that the Committee “directs OIG to review the systems and processes the SAVE program has in place to monitor compliance by users with the program’s rules, what enforcement actions have been undertaken in cases where noncompliance has been determined, the processes USCIS and user agencies have in place to enable applicants for benefits to request correction of records where they believe they have been subject to an erroneous SAVE determination, and the average length of time taken to adjudicate such requests.  The OIG report should be completed no later than 270 days after the date of enactment of this Act.”.

The Committee agreed to this amendment as part of an en bloc “Manager’s Amendment”, which the Committee agreed to by a voice vote

 

  • SOFTEN REPORT LANGUAGE RELATING TO THE REAL ID ACT.  Included in the Manager’s Amendment was a provision modifying proposed report language indicating that the REAL ID Act was controversial.  The amendment struck report language stating that “[t]he REAL ID Act remains controversial” and struck report language that described the REAL ID Act’s unfunded mandate to states as “considerable”.

The Committee agreed to this amendment as part of an en bloc “Manager’s Amendment”, which the Committee agreed to by a voice vote.


Immigration- and Border Security-Related Amendments Rejected or Withdrawn in Committee
The Committee rejected (or the mover withdrew) three immigration- or border security-related amendments that were offered during the markup.

The following summarizes those amendments:
  • FLAKE NATIONAL GUARD DEPLOYMENT AMENDMENT.  Representative Jeff Flake (R-AZ) offered an amendment that would have provided an additional $30 million for Customs and Border Protection activities to pay for the deployment of the National Guard on the southwest border, offset by a reduction in FEMA state and local grants

Representative Flake withdrew the amendment prior to a Committee vote on it.

 

  • LUMMIS AMENDMENT TO STRIKE BORDER SECURITY ENVIRONMENTAL MITIGATION PROVISION.  Representative Cynthia M. Lummis (R-WY) offered an amendment that would have stricken Section 547 of the bill, which would allow the Department of Homeland Security to transfer Customs and Border Protection environment-related funds to the Department of the Interior for use to mitigate adverse environmental impacts of border security construction, operation and maintenance activities of DHS.

Representative Lummis withdrew the amendment prior to a Committee vote on it.

 

  • CULBERSON STATE SOVERIGNTY AMENDMENT.  Representative John Culberson (R-TX) offered an amendment that would have reaffirmed states' authority to "preserve and protect the safety, security and property" of its citizens without interference from the federal government. It also would have allowed governors and state legislators to bring certain civil actions related to that authority.

The Committee rejected the Culberson amendment by a voice vote.


The Full House of Representatives is expected to take up the measure during the week of May 30, 2011, probably beginning on Wednesday, June 1, 2011, and continuing into Friday, June 3, 2011.  Insiders are predicting that hundreds of amendments will be filed to the bill at that time, many of which will be immigration- or border security-related.
 

Text of the Subcommittee-Approved FY '12 Homeland Security Appropriations Bill
Text of the Draft Committee Report on FY '12 Homeland Security Appropriations Bill


Click Here to See Description of Immigration Provisions in the Subcommittee-Approved Bill

 

House Judiciary Panel Holds Hearing on New
Indefinite Alien Detention Bill


By Micheal E. Hill
Tuesday, May 24, 2011  -- 8:15 pm EDT
--Original Version Posted on Monday, May 23, 2011 at 6:35 pm EDT--

The House Judiciary Subcommittee on Immigration Policy and Enforcement held a hearing this week on H.R. 1932, the "Keep Our Communities Safe Act of 2001", a measure introduced by House Judiciary Committee Chairman Lamar Smith (R-TX) that would provide for the indefinite detention of "dangerous aliens".  This week's hearing was held on Tuesday, May 24, 2011.

On the eve of the hearing, Chairman Smith and his office defended his bill, with his office saying in a press release that because of two Supreme Court decisions over the last decade, "close to 10,000 immigrants with orders of removal were released because their own countries refused to take them back.  Justice Department officials have stated that these criminal immigrants include rapists, child molesters, murderers, and other dangerous criminals."

Smith, himself, promoted the bill, asserting that "[b]ecause of the way current law is written, recent Supreme Court rulings have required dangerous criminal immigrants to be released into our communities.  All too often these criminal immigrants have gone on to commit more crimes.  Just because a criminal immigrant cannot be returned to their home country does not mean they should be allowed back on our streets.  If dangerous criminal immigrants cannot be deported, they should be detained."

Smith continued, saying that "[t]here is no excuse for placing American lives at risk.  Congress can prevent this from happening in the future.  That is why I have introduced the Keep Our Communities Safe Act, which will allow dangerous criminal immigrants to be detained longer than six months.  Our government should have the authority to do its job of making our country safer."

The measure was opposed during the hearing by the American Civil Liberties Union (ACLU), whose witness stated during the hearing that the Smith bill "would unlawfully and systematically subject thousands of non-citizens who are challenging the government‘s efforts to remove them to prolonged detention without constitutionally-adequate review."  The ACLU witness went on to assert of the Smith bill that "[t]he regime it proposes relegates noncitizens to months, and often years, of detention regardless of whether that imprisonment has extended beyond the period reasonably necessary to conclude their removal proceedings, is sufficiently justified by flight risk or danger, or is accompanied by adequate procedural protections."  And the ACLU witness said that the Smith bill "provides that the length of detention during removal proceedings 'shall not affect' any detention under the post-order detention statute, 8 U.S.C. § 1231."  The ACLU winess said of this provision, "[t]o the extent that this provision attempts to formalistically shield the entire length of an individual‘s detention from consideration by a court, it also raises serious due process concerns. As courts have recognized, 'simple fairness, if not basic humanity, dictates that a court should take into consideration the entire period in which a person has lost his liberty—during what is essentially an integrated process—without parsing what statutory provision he may have been held under.'


Witnesses
The witness list for the hearing included the following:
  • Gary Mead, Executive Associate Director, U.S. Immigration and Customs Enforcement
  • Thomas Dupree, now at Gibson, Dunn—formerly Principal Deputy Assistant Attorney General
  • Doug Baker, Police Chief of Fort Myers, Florida
  • Ahilan Arulanantham, Deputy Legal Director, ACLU of Southern California.

Background
Prior to the June 28, 2001 ruling of the United States Supreme Court in the case of Zadvydas v. Davis, it was not uncommon for some immigration detainees to remain in detention for years following the issuance of a final order of removal in immigration proceedings. Many of these aliens were considered either a flight risk or a danger to the community and were from countries that refused to accept their return, such as Cuba, Laos, and Vietnam.

In its Zadvydas decision, the Court stated that although Section 231(a)(6) of the Immigration and Nationality Act generally permits the detention of aliens who have not been admitted to the United States and who are under an order of removal, their detention must only be for a period of time reasonably necessary to bring about the alien’s removal. The Court also held that detention of such aliens beyond the statutory removal period, for up to six months after entry of a removal order is “presumptively reasonable.” After six months, if an alien can provide “good reason to believe that there is no significant likelihood of removal in the reasonably foreseeable future,” the government must rebut the alien’s showing, or, except in very limited circumstances, release the alien from detention.

Later, in its January 12, 2005, ruling in the case of Clark v. Martinez, the Supreme Court held that the prohibition in Zadvydas against indefinite detention of removable aliens also applied to inadmissible aliens given canons of statutory construction requiring that the removal statute be construed consistently for both classes.


The Smith Indefinte Detention Bill
On Monday, May 23, 2011, House Judiciary Committee Chairman Lamar Smith introduced H.R. 1932, the "Keep Our Communities Safe Act of 2001".  The measure is closely patterned after Section 602 of H.R. 4437, the “Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005”, which was sponsored by then-House Committee on the Judiciary Chairman F. James Sensenbrenner (R-WI).  The House of Reprsentatives passed H.R. 4437 in December of 2005.  However, the Senate never took the measure up, and it died at the end of the 109th Congress.

H.R. 1932 would allow the Department of Homeland Security (DHS) to detain specified dangerous aliens under orders of removal who cannot be removed, authorizing DHS to detain aliens beyond six months if--
  • the alien will be removed in the reasonably foreseeable future;
  • the alien would have been removed but for the alien’s refusal to make all reasonable efforts to comply and cooperate with the Secretary of DHS’ efforts to remove him;
  • the alien has a highly contagious disease;
  • release would have serious adverse foreign policy consequences
  • release would threaten national security; or
  • release would threaten the safety of the community and the alien either is an aggravated felon or has committed a crime of violence.
Under H.R. 1932, DHS would be able to detain such aliens for periods of six months at a time, and that period could be renewed.  The measure also would limit judicial review of detention decisions.


Click Here to See the Prepared Testimony of Associate Director Gary Meade
Click Here to See the Prepared Testimony of Thomas Dupree
Click Here to See the Prepared Testimony of Chief Doug Baker
Click Here to See the Prepared Testimony of Ahilan Arulanantham
 
 

Markup of a FY '12 Homeland Security Appropriations Bill, a Hearing on an Indefinite Alien Detention Bill, and Possible Immigration Amendments to a USA PATRIOT Act Bill Highlight This Week's
Immigration and Refugee Legislative Agenda


By Micheal E. Hill
Monday, May 23, 2011  -- 12:01 am EDT
--Updated on Monday, May 23, 2011, at 4:00 pm EDT--
--Original Version Posted on Sunday, May 22, 2011 at 9:45 am EDT--

Two House Appropriations Committee markups of measures that contain significant immigration- and refugee-related spending provisions, a House Judiciary subcommittee hearing on a soon-to-be-introduced bill relating to the indefinite detention of "dangerous aliens", and possible Senate consideration of immigration-related amendments to a USA PATRIOT Act reauthoriztion bill highlight a busy schedule of immigration- and refugee-related legislative activity this week.


On-the-Hill Activity
In all, at the time of this writing, three hearings, three markups, and three Floor actions that could have consequences for immigration or refugee policy were scheduled to occur this week.

The following lists several highlights of this week's immigration- and refugee-related legislative-related action:
  • House Appropriations Committee to Take Up FY '12 Subcommittee Funding Allocations. The House Committee on Appropriations this week is scheduled to consider a committee report allocating fiscal year 2012 discretionary spending among the Committee's 12 subcommittees.  The Fiscal Year 2012 Subcommittee Spending Allocations, known as 302(b) allocations after the section of the Congressional Budget Act of 1974 that provides for them, will set the stage for markup of the 12 fiscal year 2012 appropriations bills in the full Committee and consideration of the measures on the House floor.
 
  • House Appropriations Committee to Mark Up FY '12 Homeland Security Appropriations Bill. The House Committee on Appropriations this week is scheduled to markup its version of the Fiscal year 2012 Homeland Security Appropriations Bill.  Each year, the Homeland Security Appropriations Bill appropriates funding for the Department of Homeland Security, including appropriations for the border security, interior immigration enforcement, and immigration services functions of the Department.  The House Appropriations Subcommittee on Homeland Security marked up its version of the measure on Friday, May 13, 2011, approving modest increases in funding for border security and interior immigration enforcement, making deep cuts in funding for immigration services, and including numerous immigration-related legislative riders and spending limitations within the measure.
  • House Appropriations Committee to Mark Up FY '12 MilCon Appropriations Bill Containing Federal Contractor E-Verify Provision. The full House Committee on Appropriations this week is scheduled to markup its version of the Fiscal year 2012 Military Construction, Veterans Affairs, and Related Agencies Appropriations Bill.  Each year, that measure appropriates funding for military construction and the Veterans Administration.  The Subcommittee on Military Construction, Vetearns Affairs, and Related Agencies marked up its version of the measure on Friday, May 13, 2011.  Included in the measure is Section 414, which would bar funding to any contract in which the contractee does not comply with an exising executive order requirinig federal contractees to use the E-Verify System to verify the employment eligibility of its employees.
  • House Judiciary Committee Panel to Hold Hearing on Bill Providing for the Indefinite Detention of "Dangerous Aliens". The House Judiciary Subcommittee on Immigration Policy and Enforcement has scheduled a hearing for this week on a yet-to-be-introduced bill that is expected to provide for the indefinite detention of "dangerous aliens" who cannot be returned to their countries of nationality.
 
  • Helsinki Commission to Hold Hearing on Labor Trafficking. The Commission on Security and Cooperation in Europe will hold a hearing this week titled "Labor Trafficking in Troubled Economic Times: Protecting American Jobs and Migrant Human Rights."
 
  • Senate Could Consider Immigration Amendments as it Takes Up USA PATRIOT Act Reauthorization Bill. The full Senate this week is scheduled to take up S. 1038, a compromise measure that would extend without change three expiring provisions of the USA PATRIOT Act for four years.  The Senate is expected to take up the compromise measure in lieu of taking up S. 193, the USA PATRIOT Act Sunset Extension Act of 2011, which the Senate Committee on the Judiciary approved on Thursday, April 10, 2011.  One immigration-related amendment was unsuccessfully offered to S. 193 during the Committee's consideration of the measure and several more were waiting in the wings but were not offered.  However, it is unclear whether that or any other immigration-related amendments will be offered to S. 1038 this week when the full Senate takes up the measure.
  • Full Senate to Take Up House FY '12 Budget Resolution. The full Senate this week could take up H. Con. Res. 34, the House-approved Fiscal Year 2012 Budget Resolution.  As approved by the House, H. Con. Res. 34 could pave the way for deep cuts in both the domestic and international discretionary spending functions that fund refugee admissions and overseas refugee assistance programs, as well as open the door for rolling back immigrant and refugee eligibility for the Medicaid and Food Stamp programs.  At the same time that it takes up H. Con. Res. 34, the Senate also is expected to take up a Republican-drafted measure that purports to implement President Obama's fiscal year 2012 budget submission.
 

"Off-of-the-Hill" Activity
In addition to the schedule of immigration-related action taking place this week on Capitol Hill, a number of significant "off of the Hill" immigration-related activities also are scheduled to occur.

The following lists several highlights of this week's "off-of-the-Hill" immigration- and refugee-related legislative-related action:
  • Panel Discussion on the U.S. Immigration Court System.  The Center for Immigration Studies (CIS) has scheduled a discussion for this week on a report it is issuing titled, "Built to Fail: Deception and Disorder in America's Immigration Courts."
 
  • Press Conference on Immigrant Children in Science. The National Foundation for American Policy (NFAP) has scheduled a telephonic press conference for this week to release a major new study on the impact of the children of immigrants on scientific achievement in America.
 
 
  • Forum on the Plight of Iran's Ethno-Religious Minorities. Kurdish Human Rights Watch, Inc., and the Leadership Council for Human Rights are sponsoring a forum this week titled "Iran's Ethno-Religious Minorities Under Seige".


Click Here to See a Detailed Listing of the Likely Immigration Action For the Week of May 23

 

The Subject of Immigration is Again Unlikely to Come Up on This
Weekend's Sunday's Public Affairs Programs


By Micheal E. Hill
Friday, May 20, 2011  -- 9:00 pm EDT
 

The subject of immigration returned to the Sunday public affairs programs last week with Assistant Senate Majority Leader Richard Durbin's appearance on FOX's "Fox News Sunday" program.  It could return again this week, as Durbin makes an appearnce on CNN's "State of the Union" program.

The following is a preliminary guide to what can be expected on this weekend's programs:
  • ABC - This Week.  Among the guests on the May 22, 2011, edition of ABC's "This Week" program will be  His Magesty King Abdulla II of Jordan; former Middle East Negotiator Aaron David Miller; and Jake Tapper, ABC's Senior White House Correspondent.   Also appearing to discuss infidelity in public life will be Elaine Sciolino, the author of "Le Seduction"; Michelle Cottle of "The Daily Beast" and "Newsweek;" and ABC's Cokie Roberts and her husband, journalist Steve Roberts.  Appearing during the roundtable segment of the program will be George Will; political strategist Matthew Dowd; Democratic strategist Donna Brazile; and ABC News Senior Political Correspondent Jonathan Karl.
  • CBS - Face the Nation.  Among the guests on the May 22, 2011, edition of CBS's "Face the Nation" program will be former Speaker of the House Newt Gingrich (R-GA), who recently announced his candidacy for the 2012 Republican Presidential nomination.
  • CNN - State of the Union.  Among the guests on the May 22, 2011, edition of  CNN's "State of the Union" will be Assistant Senate Majority Leader Richard Durbin (D-IL); Representative Mike Rogers (R-MI); Representative Dutch Ruppersberger (D-MI); Former House Majority Leader and current Tea Party leader Dick Armey (R-TX); and Ron Clain, Former Chief of Staff to Vice President Joe Biden. 
  • FOX - FOX News Sunday.  Among the guests appearing on the May 22, 2011, edition of FOX's "FOX News Sunday" will be former Godfather's Pizza CEO Herman Cain ,a candidate for the 2012 Republican presidential nomination; and Senate Minority Leader Mitch McConnell (R-KY).  Appearing during the roundtable segment of the program will be Former State Department Official Liz Cheney; Fox News Political Analyst Juan Williams; Paul Gigot, Editorial Page Editor and Vice President of the Wall Street Journal; and for Senator Evan Bayh (D-IN)l Fo News Contributor.  Given the lineup of guests, the subject of immigration is unlikely to be discussed on the program.
  • NBC - Meet the Press.  Among the guests appearing on the May 22, 2011, edition of NBC's "Meet the Press" will be House Budget Committee Chairman Paul Ryan (R-WI).  Appearing during the roundtable segment of the program will be House Budget Committee Ranking Minority Member Chris Van Hollen (D-MD); Republican political strategist Mike Murphy; NBC's Andrea Mitchell; The Washington Post's Eugene Robinson; and the New York Times's Andrew Ross Sorkin. Given the lineup of guests, the subject of immigration is unlikely to be featured on the program.

MicEvHill.Com will post any immigration-related video excerpts from the programs beginning late afternoon on Sunday, May 22.

 

Department of Homeland Security Announces the Extension and Redesignation of Haiti for Temporary Protected Status


By Micheal E. Hill
Tuesday, May 17, 2011  -- 12:40 pm EDT
--Updated on Friday, May 20, 2011, at 10:39 am EDT--

The Department of Homeland Security (DHS) has announced the extension and edesignation of Haiti for Temporary Protected Status (TPS).  The DHS announcement was made on Tuesday, May 17, 2011, in a press release. 

Under the redesignation, Haitians who have resided in the United since January 12, 2011, will be eligible to apply for TPS status, which will afford them work authorization and the right to remain in the United States through January 22, 2013.

Haiti was originally designated for TPS effective on January 21, 2010, following a massive earthquake that devastated the nation that shares the island of Hispaniola with the Dominican Republic.  The original designation was for 18 months, and it covered Haitian nationals who had continuously resided in the United States since January 12, 2010.  Secretary of Homeland Security Janet Napolitano is extending that designation through January 22, 2013, to coincide with the redesignation of TPS through that period for Haitian nationals who did not or wer not able to apply for TPS under the original designation.

In announcing the redesignation of Haiti for TPS, Secretary Napolitano said, "[i]n the extended aftermath of the devastating earthquakes in Haiti, the United States has remained fully committed to upholding our responsibility to assist individuals affected by this tragedy by using tools available under the law,” said Secretary Napolitano. “Providing a temporary refuge for Haitian nationals who are currently in the United States and whose personal safety would be endangered by returning to Haiti is part of this administration’s continuing efforts to support Haiti’s recovery."

The redesignation of Haiti for TPS with a new date by which a Haitian National has to have been in the United States is expected to benefit hundreds of Haitians who were brought to the United States under the Secretary of Homeland Security's parole authority after the original designation of TPS.  Because these individuals were brought to the United States after January 12, 2010, they have not been eligible for TPS under the original designation.

The Department of Homeland Security took great pains in its announcement to make it clear that no Haitian who arrived in the United States after January 12, 2011, will be eligible for treatment under the most recent designation of TPS.  The Department also went to lengths to make it clear that aliens with a criminal or security-related background will not be eligible for treatment under this TPS designation, saying in its press release, "[a] person who has been convicted of a felony or two or more misdemeanors in the United States, or is subject to one of the criminal, or security-related bars to admissibility under immigration law, is not eligible for TPS.  In addition, an applicant cannot obtain TPS if he or she is subject to one of the mandatory bars to asylum, such as committing a particularly serious crime that makes the person a danger to the U.S. community or persecuting others."

In addition to the extension and redesignation of Haiti for TPS, the Department announced that it has taken a number of actions to provide humanitarian assistance to Haitian nationals residing in the United States.   According to the DHS press release of May 17, 2011, "DHS will soon publish a notice in the Federal Register announcing the continued suspension of regulatory requirements related to certain F-1 students who have suffered severe economic hardship as a result of the earthquake in Haiti. Originally announced in September 2010, the continued suspension of these requirements through Jan. 22, 2013, allows eligible F-1 students to obtain employment authorization, to work an increased number of hours during the school term, and if necessary, to reduce their course load while continuing to maintain their F-1 student status. F-1 students granted employment authorization will be deemed to be engaged in a full course of study if they meet the minimum course load requirements."


Click Here to See the May 17, Press Release Announcing the DHS Acton on TPS for Haiti

 

Two Senate Judiciary Subcommittee Hearings and a Multitude of "Off of the Hill" Activities Highlight This Week's
Immigration and Refugee Legislative agenda


By Micheal E. Hill
Monday, May 16, 2011  -- 2:45 am EDT
--Updated on Monday, May 16, 2011, at 5:00 pm EDT--

Two Senate Judiciary Committee hearings on border security and the immigration court sytem highlight this week's immigration- and refugee-related legislative activity as the House begins a one week-long recess this week, but the Senate remains behind in session.


On-the-Hill Activity
In all, at the time of this writing, two hearings, no markups, and no Floor actions that could have consequences for immigration or refugee policy were scheduled to occur this week.

The following lists several highlights of this week's immigration- and refugee-related legislative-related action:
  • Senate Judiciary Panel to Hold Hearing on Northern Border Security. The Senate Judiciary Subcommittee on Immigration, Refugees and Border Security has scheduled a hearing for this week titled "Improving Security and Facilitating Commerce at America's Northern Border and Ports of Entry."
 
  • Senate Judiciary Panel to Hold Hearing on Backlogs in the Immigration Court System. The Senate Judiciary Subcommittee on Immigration, Refugees and Border Security has scheduled a hearing for this week titled "Improving Efficiency and Ensuring Justice in the Immigration Court System."

"Off-of-the-Hill" Activity
In addition to the schedule of immigration-related action taking place this week on Capitol Hill, a number of significant "off of the Hill" immigration-related activities also are scheduled to occur.

The following lists several highlights of this week's "off-of-the-Hill" immigration- and refugee-related legislative-related action:
  • Conference on U.S.-Mexico Relations.  The U.S.-Mexico Foundation has scheduled a conference for thist week titled "The Challenge of Shared Responsibility."  Among the participants in the conference will be Secretary of State Hillary Rodham Clinton; Dr. Arturo Valenzuela, Assistant U.S. Secretary of State for Western Hemisphere Affairs; and Honorable Henry Cisneros, Former Secretary of Housing and Urban Development.
 
  • Panel Discussion on Immigrant Integration. The Migration Policy Institute has scheduled a panel discussion for this week titled, "Sharing Responsibility for Immigrant Integration: The Role of the Federal Government in Addressing Immigration Impacts." The discussion will be followed by a ceremony to award the "E Pluribus Unum" prizes to honor exemplary immigration integration initiatives.
  • Discussion on Remittances at State Department Global Diaspora Forum. Appleseed is scheduled to host a panel discussion this week on "'The Human Face of Remittances,' emphasizing the importance of remittances to families back home, and 'Children at the Border,' its new report focusing on protecting unaccompanied minors who are detained in the U.S. after crossing the U.S.-Mexico border."
 
 
 
 
  • Briefing on Comprehensive Immigration Reform. The Cato Institute has schedule a briefing for this week on comprehensive immigration reform.  The briefing is titled, "Answering the Critics of Comprehensive Immigration Reform."  Participants in the briefing will include Stuart Anderson, Adjunct Scholar at the Cato Institute; Frank Sharry, Executive Director of America's Voice; and Laura Renz, Government Affairs Manager at the Cato Institute.


Click Here to See a Detailed Listing of the Likely Immigration Action For the Week of May 16

 

House Appropriations Subcommittee Approves Fiscal Year 2012
Homeland Security Appropriations Bill


By Micheal E. Hill
Monday, May 16, 2011  -- 2:40 am EDT
--Updated on Wednesday, May 25, 2011, at 8:00 am EDT--
--Original Version Posted on Friday, May 13, 2011 at 8:45 am EDT--

The House Appropriations Subcommittee on Homeland Security has approved a draft version of the Fiscal year 2012 Homeland Security Appropriations bill.  The Subcommittee acted on Friday, May 13, 2011, approving the measure by  a voice vote.

The Subcommittee-approved version of the Fiscal Year 2012 Homeland Security Appropriations Bill would provide slightly elevated levels of funding for border security and interior immigration enforcement, relative to fiscal year 2011. However, it would make a substantial cut in fiscal year 2012 directly appropriated funding for immigration services, relative to fiscal year 2011.

Among the Subcommittee-approved measure’s notable immigration services-related funding cuts is its rejection of the Obama Administration’s request for direct appropriations for refugee and asylum application adjudications and its provision that would bar the use of directly appropriated USCIS funds for immigrant integration program grants.  Notwithstanding the bar on directly appropriated funding for immigrant integration programs, however, the Draft measure would provide a funding stream for immigrant integration grant program; it does this by authorizing the Secretary of Homeland Security to use up to $8.5 MILLION in Immigration Examinations Fee Account funding for such a program, provided that none of the funds are used to provide immigrant integration program services to an alien who has not been admitted for lawful permanent residence.

From an enforcement perspective, while the Subcommittee-approved measure would not dramatically increase overall spending for border or interior immigration enforcement, it would redirect priorities, increasing the minimum number of detention beds, for instance, from 33,400 to 34,000; explicitly funding Operation Stonegarden; and increasing funding for the Secure Communities Program.


Summary of Immigration- and Refugee-Related Spending Provisions
From a refugee and immigration perspective, the Subcommittee-approved Fiscal Year 2012 Homeland Security Appropriations Bill contains the following provisions:
  • Funding for U.S. Citizenship and Immigration Services. With regard to the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS), the Subcommittee-approved measure would directly appropriate $132.3 MILLION for USCIS in fiscal year 2012, all of which would be designated for “immigration verification programs”, including the E-Verify program and the Systematic Alien Verification for Entitlements (SAVE) program. Within the USCIS appropriation, the Subcommittee-approved measure would provide the following directives:

Immigrant Integration. The Subcommittee-approved measure would prohibit using any USCIS directly appropriated fiscal year 2012 funds for immigrant integration. However, Section 546(a) of the measure provides that up to $8.5 MILLION of funds deposited into the Immigration Examinations Fees Account may be used for an immigrant integration grants program, provided that none of the funds for such a program may be used to provide services to aliens who have not been lawfully admitted for permanent residence.

The Subcommittee-approved  measure contained no bar on the use of directly appropriated funds for immigrant integration grant programs, no authorization of the use Immigration Examinations Fee Account funds for such a program, and no limitation on the provision of immigrant integration services to
persons who are not lawfully admitted for permanent residence.

Refugee and Asylum Processing. The Subcommittee-approved measure would not provide any funding from directly appropriated funds for processing applications for asylum and refugee status.

E-Verify Program. The Subcommittee-approved measure would directly appropriate $102.424 MILLION to USCIS in fiscal year 2012 for the E-Verify program.

SAVE Program. The Subcommittee-approved measure would directly appropriate $29.937 MILLION in directly appropriated funds for the Systematic Alien Verification for Entitlements (SAVE) program, which is an electronic system to provide Federal, State, and local agencies that award various public benefits such as driver’s licenses, public housing subsidies, and Federal education grants with eligibility verification.

  • Funding for Border Security. With regard to Border Enforcement, the Subcommittee-approved measure would appropriate $11.8 BILLION for DHS’s Customs and Border Protection (CBP) Directorate for fiscal year 2012. This would be an increase of $443 MILLION over the $11.357 BILLION that was appropriated for CBP in fiscal year 2011.
Within the CBP appropriation, the Subcommitte-eapproved measure would provide the following directed appropriations:
Border Patrol Staffing. The Subcommittee-approved measure provides for a total of 21,370 Border Patrol agents and 21,186 CBP officers, as well as additional training and canine units at ports of entry.

Air and Marine Operations and Procurement. The Subcommittee-approved measure would provide $500 MILLION for Air and Marine operations and procurement.

Border Fencing. The Subcommittee-approved measure contains a total of $500 MILLION for border security fencing, infrastructure, and technology. However, the Subcommittee-approved measure would withhold $150 MILLION of the appropriation until it receives a detailed plan from the Secretary of Homeland Security for “a program to establish and maintain a security barrier along the borders of the United States, of fencing and vehicle barriers, where practicable, and of other forms of fencing and tactical infrastructure.”

  • Funding for Interior Immigration Enforcement. With regard to the Immigration and Customs Enforcement (ICE) Directorate, the Subcommitteeapproved measure would appropriate $5.8 BILLION for ICE in fiscal year 2012. This would be an increase of $35 MILLION above the $5.765 MILLION that was appropriated for ICE in fiscal year 2011. 
Within the ICE appropriation, the Subcommittee-approved measure would provide the following directed appropriations:

Detention and Removal Operations. The Subcommittee-approved measure would appropriate $2.75 BILLION, an increase of $27 MILLION above the President’s request, for ICE detention and removal operations, including transportation of unaccompanied minor aliens.

Detention Beds. The Subcommittee-approved measure would direct the Department to maintain a minimum of 34,000 detention beds, representing an increase in the minimum number of detention bed spaces from 33,400 to 34,000, which the Subcommittee notes would be the largest detention capacity in ICE’s history. The measure, further, provides that “none of the funds provided … may be used to continue any contract for the provision of detention services if the two most recent overall performance evaluations received by the contracted facility are less than ‘adequate’ or the equivalent median score in any subsequent performance evaluation system.”

Secure Communities Program. The Subcommittee-approved measure would increase funding by $64 MILLION in order to accommodate “continued expansion of the Secure Communities program.”
287(g) Agreements. The Subcommittee-approved measure contains a total of not less than $5.4 MILLION to be used to facilitate agreements consistent with Section 287(g) of the Immigration and Nationality Act. The measure, further, provides that no funds may be provided to continue a 287(g) agreement for an entity that the Inspector General finds is in violation of 287(g) agreements.

Criminal Alien Operations. The Subcommittee-approved measure contains a total of $1.6 BILLION for the “identif[ication of] aliens convicted of a crime who may be deportable and aliens who may pose a serious risk to public safety or national security who may be deportable, and to remove them from the United States once they are judged deportable.” The measure would require regular reports to the Committee on Appropriations on progress in implementing the directive and direct the Secretary to prioritize the identification and removal of aliens convicted of a crime by the severity of that crime.

Domestic Investigations Program. The Subcommittee-approved measure would appropriate $1.7 BILLION for domestic investigations programs.

International Enforcement Programs. The Subcommittee-approved measure would appropriate $147 MILLION for international enforcement programs

Office of Intelligence. The Subcommittee-approved measure would appropriate $81 MILLION for the Office of Intelligence.

Visa Security. The Subcommittee-approved measure would appropriate $32.5 MILLION for the Visa Security Program.

  • Funding for US-VISIT. With regard to the US-VISIT entry-exit system for aliens traveling to and from the United States, the Subcommittee-approved measure would appropriate $297 MILLION for US-VISIT in fiscal year 2012. This would be a cut of $38 BILLION below the amount appropriated for US-VISIT in fiscal year 2011, representing a cut of 11.34 percent in fiscal year 2012 relative to fiscal year 2011.
  • Funding for Operation Stonegarden. With specific regard to Operation Stonegarden, the Subcommittee-approved measure would direct an appropriation of $55 MILLION from funding for State and Local Programs.

Summary of Immigration- and Refugee-Related Legislative Riders
The Subcommittee-approved measure contains a number of immigration-related legislative riders or limitations, some of which are holdovers from previous bills, and some of which appear for the first time. For instance:
  • Naturalization Oath. Section 513 of the Subcommittee-approved measure would provide that none of the funds in the Act may be used to amend the oath of allegiance required by Setion 337 of the Immigration and Nationality Act.
  • Required Background Checks Before Granting for Immigration Benefits. Section 524 of the Subcommittee-approved measure would provide that none of the funds in the Act may be used by USCIS to grant an immigration benefit unless the results of background checks required by law to be completed prior to the granting of the benefit have been received by USCIS, and the results do not preclude the granting of the benefit.
  • Use of E-Verify to Verify Employment Eligibility of Prospective DHS Employees. Section 528 of the Subcommittee-approved measure would provide that none of the funds in the Act may be expended for any new hires by the Department of Homeland Security that are not verified through the E-Verify Program.
  • Prohibition of Funding for National Identification Card. Section 531 of the Subcommittee-approved measure would provide that none of the funds in the Act may be used for planning, testing, piloting, or developing a national identification card.
  • Use of E-Verify to Verify Employment Eligibility of Airport Workers. Section 532 of the Subcommittee-approved measure would require that if the Assistant Secretary of Homeland Security for Transportation Security determines that an airport does not need to participate in the E-Verify program, the Assistant Secretary must certify to the House and Senate Appropriations Committees that no security risks will result from such non-participation.
  • Bar on Admission of Guantanamo Detainees. Section 537 of the Subcommittee-approved measure would provide that none of the funds in the Act may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions, including detaining, accepting custody of, or extending immigration benefits to, Khalid Sheikh Mohammaed or any other Guantanamo detainee who is not a United States citizen or a member of the armed forces of the United States.
  • Bar on Employing Aliens Not Authorized to Work in the United States. Section 540 of the Subcommittee-approved measure would provide that none of the funds in the Act may be used to employ workers described in section 274A(h)(3) of the Immigration and National Act, which defines aliens who are unauthorized to work in the United States.
  • Limitation on Funding for Immigration Integration Programs. Section 546 of the Subcommittee-approved measure would provide that up to $8.5 MILLION of funds deposited into the Immigration Examinations Fees Account may be used for an immigrant integration grants program, provided that none of the funds for such a program may be used to provide services to aliens who have not been lawfully admitted for permanent residence.
  • Authority to Transfer CBP Funds to Secretary of the Interior to Mitigate Fence-Building Costs. Section 547 of the Subcommittee-approved measure would authorize the Secretary of Homeland Security to transfer CBP funds to the Secretary of Interior for “environmental mitigation requirements” for fence building.

Now that the House Appropriations Subcommittee on Homeland Security has approved its version of the Fiscal Year 2012 Homeland Security Appropriations Bill, the full House Committee on Appropriations is scheduled to take up the measure on Monday, May 23, 2011.


Text of the Subcommittee-Approved FY '12 Homeland Security Appropriations Bill

The Subject of Immigration is Again Unlikely to Come Up on This
Weekend's Sunday's Public Affairs Programs


By Micheal E. Hill
Saturday, May 14, 2011  -- 12:01 am EDT
 

It has been many weeks since the subject of immigration made an appearance on one of the Sunday public affairs programs.  This week could be different, however, as former Speaker the House Newt Gingrich, Assistant Senate Majority Leader Richard Durbin (D-IL), and Senate Republican Whip Jon Kyl (R-AZ) appear on several of this weekend's programs.

The following is a preliminary guide to what can be expected on this weekend's programs:
  • ABC - This Week.  Among the guests on the May 15, 2011, edition of ABC's "This Week" program will be  Governor Nikki Haley (R-SC). Appearing during the roundtable segment of the program will be George Will, Cokie Roberts and ABC News Political Director Amy Walter.
  • CBS - Face the Nation.  Among the guests on the May 15, 2011, edition of CBS's "Face the Nation" program will be Speaker of the House John Boehner (R-OH).  The program also will feature taped segments from a CBS Town Hall meeting with President Obama. Given the lineup of guests and the events of the last week, the subject of immigration could be discusssed on the program.
  • CNN - State of the Union.  Among the guests on the May 15, 2011, edition of  CNN's "State of the Union" will be Senate Minority Leader Mitch McConnell (R-KY); House Budget Committee Chariman Paul Ryan (R-WI); Former Clinton Senior Adviser and Spokesman Joe Lockhart and former Bush Policy and Strategy Adviser Michael Gerson; Former Director of National Intelligence, Admiral Dennis Blair (Retired) and Former Director of National Intelligence, Ambassador John Negroponte.  Given the lineup of guests, the subject of immigration is unlikely to be discussed on the program.
  • FOX - FOX News Sunday.  Among the guests appearing on the May 15, 2011, edition of FOX's "FOX News Sunday" will be former Arkansas Governor Mike Huckabee (R-AR), a propsective candidate for the 2012 Republican presidential nomination; and Representative Ron Paul (R-TX), who recently announced his candidacy for the 2012 Republican presidential nomination.  Also appearing on the program will be Assistant Senate Majority Leader Richard Durbin (D-IL) and Senate Republican Whip Jon Kyl (R-AZ).  Appearing during the roundtable segment of the program will be Brit Hume, Fox News Senior Political Analyst; Nina Easton of Fortune Magazine & Fox News; Kim Strassel of the Wall Street Journal; and Mort Zuckerman Publisher of US News & World Report  and the NY Daily News.  Given the lineup of guests, and the events of the last week, the subject of immigration could well be discussed on the program.
  • NBC - Meet the Press.  Among the guests appearing on the May 15, 2011, edition of NBC's "Meet the Press" will be former Speaker of the House Newt Gingrich (R-GA), who recently announced his candidacy for the 2012 Republican Presidential nomination.  Appearing during the roundtable segment of the program will be columnist for the Washington Post, EJ Dionne; columnist for the Wall Street Journal, Peggy Noonan; Senior Political Analyst for Time Magazine, Mark Halperin;  White House Correspondent for the New York Times, Helene Cooper;  and Chief Political Writer for the New York Times Magazine, Matt Bai. Given the appearance by former Speaker Gingrich, who has taken a moderate position on immigration in recent months, the subject of immigration could well be discussed on the program.

MicEvHill.Com will post any immigration-related video excerpts from the programs beginning late afternoon on Sunday, May 15.

 

President Obama Addresses the Subject of Immigration Reform at
National Hispanic Prayer Breakfast


By Micheal E. Hill
Friday, May 13, 2011  -- 8:00 am EDT


For the second time this week, and the sixth time in the last several weeks, President Barack Obama addressed the subject of immigration reform before a largely friendly audience, asserting to a group of Latino religious leaders that, "[w]hen you lend your voice to the cause of educating all of our children, not just some, to succeed in the 21st century, I’m listening.  And when you lend your voice to the cause of immigration reform, I am listening." pledging that he will "keep pushing and working with Congress" on the issue, and warning that "the only way we are going to get this done is by building a widespread movement for reform."  President Obama's most recent remarks on the subject came on Thursday, May 12, 2011, in a speech he delivered to the 2011 National Hispanic Prayer Breakfast.

Harkening back to his speech two days earler in El Paso, Texas, the President said that "we define ourselves as a nation of immigrants, as a nation that’s open to anyone who’s willing to embrace America’s precepts and America’s ideals.  That’s why so many men and women have braved hardship and great risk to come here, picking up and leaving behind the world that they knew, carrying nothing but the hope that here in America, their children might live a better life."  The President added, "we are a ... nation of immigrants and a nation of laws.  And what I went down to El Paso to say is that we are enforcing our laws and we’re securing our borders.  In fact, we have more manpower down at the Southwest border than at any time in our history."  He said that in order to enact comprehensive immigration reform, proponents will have to go about "changing minds and changing votes, one at a time."  The President repeated a veiled criticism of immigration advocates who have pressed him to take actions to provide relief   for undocumented aliens administratively, telling the audience, "I know there are some folks who wish I could just bypass Congress.  I can’t.  But what I can do is sign a law.  What you can do is champion a law.  What we can do together is make comprehensive immigration reform the law of the land.  That’s what we can do."

Evoking imagery from the civil rights movement of the 1960s and quoting passages from the bible, the President told his religious audience that "[c]omprehensive reform is not only an economic imperative or a security imperative, it’s also a moral imperative.  It’s a moral imperative when kids are being denied the chance to go to college or serve their military because of the actions of their parents.  It’s a moral imperative when millions of people live in the shadows and are made vulnerable to unscrupulous businesses or with nowhere to turn if they are wronged.  It’s a moral imperative when simply enforcing the law may mean inflicting pain on families who are just trying to do the right thing by their children."

The President warned in his remarks that immigration "is a subject that can expose raw feelings and feed our fears of change.  It can be tempting to think that those coming to America today are somehow different from us.  And we need to not have amnesia about how we populated this country."  But in quoting a verse from the bible on welcoming the stranger, the President said, "what this verse reminds us to do is to look at that migrant farmer and see our own grandfather disembarking at Ellis Island, or Angel Island in San Francisco Bay; and to look at that young mother, newly arrived in this country, and see our own grandmothers leaving Italy or Ireland or Eastern Europe in search of something better."  The President asserted that  "[t]hat sense of connection, that sense of empathy, that moral compass, that conviction of what is right is what led the National Association of Evangelicals to shoot short films to help people grasp the challenges facing immigrants.  It’s what led the United States Conference of Catholic Bishops to launch a Justice for Immigrants campaign, and the Interfaith Immigration Coalition to advocate across religious lines.  It’s what led all the Latino pastors at the Hispanic Prayer Breakfast to come together around reform."

The President's May 12 remarks before the National Hispanic Prayer Breakfast was the sixth time in recent weeks that either he or other senior members of his Administration have addressed the issue of comprehensive immigration reform in a high profile manner.  On March 31, 2011, the White House engaged in what appeared to be aggressive counter-scheduling when it conducted a briefing for the ethnic press that featured high profile Administration and White House officials talking about the Administration’s immigration efforts.  On April 19, 2011, President Obama met with a bipartisan group of faith, law enforcement, community, and business leaders to talk about the Administration’s efforts on immigration.  On April 28, 2011, President Obama met with a group of Latino actors and journalists to talk about the Administration’s efforts on immigration reform.  On May 3, 2011, President Barack Obama and a number of key, high level Administration officials met with Members of the Congressional Hispanic Caucus (CHC) to discuss immigration reform, immigration enforcement policies, and presidential authority to grant administrative relief to undocumented aliens.  On May 12, 2011, the President traveled to El Paso, Texas where he delivered what the White House had billed as a "major" speech on immigration reform.  And the President spoke on the issue of comprehensive immigration reform before the National Hispanic Prayer Breakfast.

Some cynical observers have noted that the White House’s intense public relations activity on immigration coincides closely with the President’s announcement that he was seeking reelection and the beginning of a high profile effort by Representative Luis Gutierrez (D-IL) to stir up Hispanic pressure on the Administration to grant administrative relief to undocumented aliens.


Click on the "Play Button", above, to see video of President Obama's remarks on immigration during the National Hispanic Prayer Breakfast.


Click Here to See the Transcript of President Obama's Prepared Immigration Remarks



Senate and House Democrats Announce Introduction of
the DREAM Act in the 112th Congress


By Micheal E. Hill
Thursday, May 12, 2011  -- 12:15 am EDT
--Updated on Thursday, May 12, 2011, at 11:55 am EDT--


Assistant Senate Majority Leader Dick Durbin (D-IL), Senate Majority Leader Harry Reid (D-NV), Senator Robert Menendez (D-NJ), and Senator Michael Blumenthal (D-CT) held a press conference on Wednesday, May 11, 2011, to announce the introduction of S. 952, the Development, Relief, and Education for Alien Minors Act (DREAM Act), in the 112th Congress.  The measure was introduced in the Senate with 33 cosponsors, all Democrats.

In announcing introduction of the measure, Senator Durbin said, "[o]ur immigration laws prevent thousands of young people from fully contributing to our nation’s future. These young people have lived in this country for most of their lives. It is the only home they know. They are American in every sense except their technical legal status."  He went on to assert, "[t]hey are honor roll students, star athletes, talented artists and valedictorians. These children are tomorrow’s doctors, nurses, teachers, policemen, firefighters, soldiers, and senators, and we should give them the opportunity to reach their full potential."

In order for an alien to be eligible for relief under the DREAM Act, the alien must have:

  • Come to the U.S. as children (15 or under)
  • Be long-term U.S. residents (continuous physical presence for at least five years)
  • Have good moral character
  • Graduate from high school or obtain a GED
  • Complete two years of college or military service in good standing 

The DREAM Act includes a number of restrictions designed to answer critics who contend that the bill will result in abuse of the immigration system.  For instance, DREAM Act participants would not be eligible for Pell and other federal grants and would be subject to criminal penalties for fraud.  In addition, DREAM Act applicants would be required to apply for treatment under the Act within one year of obtaining a high school degree/GED or the bill’s enactment, and they would be required to prove eligibility by a preponderance of the evidence. To be eligible, an individual would be required to submit biometric information; undergo background checks and a medical exam; register for the Selective Service (if male); demonstrate the ability to read, write, and speak English; and demonstrate knowledge of the history and government of the U.S.  An individual would not qualify for treatment under the DREAM Act if he or she is ineligible for immigration relief on criminal or national security grounds.

In addition to its sponsor, Senator Durbin, the following 32 senators cosponsored the DREAM Act upon its introduction:

Akaka (D-HI)
Begich (D-AK)
Bennet (D-CO)
Bingaman (D-NM)
Blumenthal (D-CT)
Boxer (D-CA)
Cantwell (D-WA)
Cardin (D-MD)
Carper (D-DE)
Coons (D-DE)
Durbin (D-IL)
 Feinstein (D-CA)
Franken (D-MN)
Gillibrand (D-NY)
Harkin (D-IA)
Kerry (D-MA)
Klobuchar (D-MN)
Kohl (D-WI)
Lautenberg (D-NJ)
Leahy (D-VT)
Levin (D-MI)
Lieberman (I-CT)

 Menendez (D-NJ)
Merkley (D-OR)
Mikulski (D-MD)
Murray (D-WA)
Bill Nelson (D-FL)
Reid (D-NV)
Reed (D-RI)
Sanders (I-VT)
Schumer (D-NY)
Udall, Mark (D-CO)
Whitehouse (D-RI)

At the same time that Senator Durbin was announcing the introduction in the Senate of the DREAM Act, Representative Howard Berman was introducing H.R. 1842, a slightly different version of the measure, in the U.S. House of Representatives.

Said Berman upon introducing the measure in the House, "[i]n America we teach young people that if you work hard and stay in school you will succeed, and yet this turns out to be a cruel hoax for thousands of children who through no fault of their own are undocumented immigrants with no opportunity to adjust their immigration status.”  Congressman Berman went on to asssert, "[l]ast year when the DREAM Act passed in the House of Representatives we got closer than ever to finally removing the obstacles in our broken immigration system that prevent bright, young students here in America from pursuing higher education, serving in the military, seeking legitimate employment, and achieving American citizenship.”

Representative Berman continued, asserting that "[i]t makes no sense for the US to bring in thousands of highly-skilled foreign guest workers to join our workforce and at the same time do nothing to provide an opportunity to kids who have grown up here in America, gone to school here, and who want to prepare themselves for these jobs or serve in our military.  This is why the DREAM Act enjoys a broad base of support from CEOs, military leaders, labor leaders, teachers, school principals, and community leaders.” 
 

CLick on the "Play Button, above, to see a video clip from the May 11, 2011, press conference announcing the introduction of the DREAM Act in the U.S. Senate.


Click Here to See the Text of S. 952, the 2011 Senate Version of the DREAM Act

House Judiciary Committee Holds Hearing on
New Visa Security Bill


By Micheal E. Hill
Wednesday, May 11, 2011  -- 10:45 pm EDT
--Original Version Posted on Wednesday, May 11, 2011 at 8:30 am EDT--

The House Judiciary Subcommittee on Immigration Policy and Enforcement held a legislative hearing today on H.R. 1741, the "Secure Visas Act", a measure that House Judiciary Committee Chairman Lamar Smith (R-TX) introduced late last week. 

During the hearing, Chairman Smith contended that the "Secure Visas Act" would provide the executive branch with enhanced authority to revoke the visas of terrorists, in part, by ending judicial review of executive branch decisions to revoke visas.  The measure was opposed by pro-immigrant advocates, however, who contend that its benefits are exagerated, its provisions are rife with constitutional infirmities, and that proponents' claims about the problems that it seeks to solve are inaccurate.  And witness for the Department of State and Department of Homeland Security declined to express either support for or opposition to the measure.


Witnesses
The witness list for the hearing included the following:
  • Gary Cote, Acting Deputy Assistant Director, Office of International Affairs, Immigration and Customs Enforcement, Department of Homeland Security
  • David Donahue, Deputy Assistant Secretary of State for Visa Services
  • Janice Kephart, Director of National Security Policy, Center for Immigration Studies 
  • Edward Alden, senior fellow, Council on Foreign Relations.

Background
The “Secure Visas Act”, was introduced in the U.S. House of Representatives by House Judiciary Committee Chairman Lamar Smith (R-TX). According to materials released by Chairman Smith, the measure would end judicial review for revocation of terrorists’ visas. Those materials indicate that the bill also would maintain and increase visa security units in highest-risk countries.

In introducing the measure, Chairman Smith said in a written statement that, “[v]isa security is critical to America’s national security. Recent events underscore the need to strengthen and improve visa security. We know terrorists use loopholes and weaknesses in our immigration system to enter the U.S. In fact, all of the 9-11 terrorists entered the U.S. legally on visas. And terrorists will continue coming to the U.S. legally if we do not improve and tighten our visa security process.

Smith said that H.R. 1741 “requires the Department of Homeland Security to expand the number of visa security units overseas to areas designated as ‘highest-risk’ for terror threats.” He also said that, “[i]n addition to making it harder for terrorists to enter the U.S., the Secure Visas Act allows U.S. officials to expedite the removal of suspected terrorists already in the U.S.”

In support of H.R. 1741, Smith said that, “[u]nder current law, a terrorist whose visa has been revoked is allowed to remain in the U.S. to fight their deportation instead of being sent home. Giving litigation rights to terrorists makes no sense. The Secure Visas Act closes this loophole and allows the terrorist to be removed from American soil.”

The American Civil Liberties Union, on the other hand, has expressed strong opposition to H.R. 1741, contending that "[u]nder long-established law, individuals placed in deportation proceedings on account of visa revocation are guaranteed judicial review by an immigration judge. Without judicial review, the government could abruptly revoke the visas of individuals admitted to the U.S. as permanent residents or those admitted based on their possession of valued skills - investors, physicians or engineers, for example. Upon visa revocation, those whom our government once welcomed into this country as valuable contributors would be subject to many permanent consequences including deportation proceedings on account of visa revocation to protect law-abiding individuals against mistakes or violations made by government authorities."


Summary of Immigration- and Refugee-Related Provisions
As introduced, H.R. 1741 would amend the Homeland Security Act of 2002 to grant the Secretary of Homeland Security (DHS) (Secretary), except for the Secretary of State's authority with respect to diplomatic- and international organization-related visas, exclusive authority to issue regulations, establish policy, and administer and enforce the provisions of the Immigration and Nationality Act (INA) and all other immigration or nationality laws relating to U.S. consular officer visa functions.

The measure would authorize the Secretary to refuse or revoke any visa to an alien or class of aliens if necessary or advisable for U.S. security interests. It would prohibit judicial review of such determinations, provide that any such visa revocation shall become effective immediately, and cancel any other visa in an alien's possession.

In addition, H.R. 1741 would authorize the Secretary of State to direct a consular officer to refuse or revoke a visa if necessary or advisable for U.S. foreign policy interests.
H.R. 1741 would prohibit a decision by the Secretary of State to approve a visa from overriding a revocation or refusal determination by the Secretary.

H.R. 1741 would direct the Secretary of Homeland Security to review on-site all visa applications and supporting documentation before adjudication at visa-issuing posts in Algeria, Canada, Colombia, Egypt, Germany, Hong Kong, India, Indonesia, Iraq, Jerusalem and Tel Aviv in Israel, Jordan, Kuala Lumpur in Malaysia, Kuwait, Lebanon, Mexico, Morocco, Nigeria, Pakistan, the Philippines, Saudi Arabia, South Africa, Syria, Turkey, United Arab Emirates, the United Kingdom, Venezuela, and Yemen. It would authorize the Secretary to assign DHS employees to such posts.

The measure states that if the Secretary or the Secretary of State revokes a visa: (1) the relevant consular, law enforcement, and terrorist screening databases shall be immediately updated; and (2) look-out notices shall be posted to all DHS port inspectors and Department of State consular officers.

Finally, the measure would amend the INA to eliminate the exception permitting judicial review of a visa revocation where such revocation is the sole ground for a deportation process based upon an alien's unlawful presence in the United States.


Click Here to See the Prepared Testimony of Acting Deputy Assistant Director Gary Cote
Click Here to See the Prepared Testimony of Deputy Assistant Secretary David Donahue
Click here to See the Prepared Testimony of Janice Kephardt
Click Here to See the Prepared Testimony of Edward Alden

 

Obama Offers a "Blueprint for Building a 21st Century Immigration System" But Breaks No New Ground in Either the Blueprint or in Remarks He Made in Accompanying El Paso Speech


By Micheal E. Hill
Tuesday, May 10, 2011  -- 5:05 pm EDT
--Updated on Thursday, May 12, 2011, at 1:45 pm EDT--


President Barack Obama traveled to El Paso, Texas this week, where he delivered what the White House had billed as a "major" speech on immigration reform.  The speech was preceded by five weeks of briefings and meetings between the President and supporters of comprehensive immigration reform.  It was accompanied by an aggressive push by top White House advisors on the subject and the release by the White House of a "Blueprint for Building a 21st Century Immigration System."  Despite the flurry of activity both before and after the President's speech, however, neither the Obama address nor the White House-released "Blueprint" broke any new ground on the controversial subject of immigration reform.

President Obama has come under increasing criticism from the pro-immigrant advocacy community for his failure to keep his promise, made during the 2008 presidential campaign, that he would move to enact comprehensive immigration reform legislation during his first year in office. He has come under criticism, as well, for his aggressive immigration enforcement efforts, and for his Administration’s reticence to provide Administrative relief to aliens in removal proceedings.  In addition to criticizing the White House for its failure on comprehensive immigration reform and for its aggressive immigratio