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Top Immigration & Refugee Legislative and Political Developments
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Special Note on MicEvHill.Com During the Pre-Election Recess
By Micheal E. Hill
Friday, October 1, 2010 -- 9:30 am EDT
Congress is in the midst of a six week-long pre-election recess. The U.S. House of Representatives and the U.S. Senate will return to Washington on Monday, November 15.
Click Here to see MicEvHill.Com's plans to cover immigration and refugee legislative happenings during the pre-election recess.
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Congress is in Midst of Six Week-Long Pre-Election Recess
Friday, October 1, 2010 -- 9:30 am EDT
Congress is in the midst of a six week-long pre-election recess as it awaits the results of the 2010 mid-term elections.
The U.S. House of Representatives and the U.S. Senate will return to Washington on Monday, November 15.
Upon its return on November 15, Congress will remain in session for one week and then recess for the Thanksgiving Holiday. Following the Thanksgiving week, Congress will likely return to Washington to begin organizing for the 112th Congress and engage in a final attempt at legislating before the convening of the 112th Congress.
MicEvHill.Com Schedule of Updates During the Recess
- Beginning on Monday, October 4, MicEvHill.Com will take a breather from daily legislative updates in this space and on its News Roundup Page until Congress returns to action on Monday, November 15.
Likely Immigration and Refugee Legislative Agenda When Congress Returns
Immigration and refugee matters may well become hot issues once Congress returns from the mid-term elections in mid-November:
- The Senate may attempt to reconsider its decision in September to not take up S. 3454, the Department of Defense Authorization Act for Fiscal Year 2011, which became the vehicle in September for a DREAM Act amendment. It is an open question at the time of this writing whether, if the Senate does take up the measure, Democrats will offer the DREAM Act as an amendment to it, as they attempted to do in September
- The Senate may seek to take up the DREAM Act as a standalone measure upon its return from the 2010 mid-term elections. Senator Richard Durbin (D-IL) introduced S. 3827, a new version of the DREAM Act that is virtually identical to the original bill that he introduced at the beginning of the 111th Congress. Observers speculate that he introduced this new version in order to make it easier, procedurally, to bypass the Judiciary Committee and take the measure directly to the floor in November.
- Refugee advocates will likely continue in November searching for a vehicle to extend Supplemental Security Income (SSI) benefits eligibility for about 5,000 elderly disabled refugees whose eligibility for the program were cut off at the end of September. They are eyeing either a stand-alone measure, which would have to be cleared by unanimous consent in the Senate, or convincing the Leadership to insert provisions in a must-pass measure.
- Congress will have to find a way to complete consideration of the four appropriations bills that each year fund the nation's immigration enforcement, border security, immigration services adjudication, refugee admissions, overseas refugee assistance, and refugee resettlement agencies and functions. At the time of this writing, it is unclear which of three approaches the lame duck Congress will take in finishing the fiscal year 2011 versions of the four bills: enacting each of them as separate bills, folding all or some of them into an omnibus appropriations bill for the fiscal year, or enacting a short-term continuing appropriations resolution that extends funding for immigration- and refugee-related functions and agencies into the 112th Congress so that the new Congress can decide the agencies' and functions' fate.
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FOX News Owner Rupert Murdoch and New York City Mayor Michael Bloomberg Testify on Capitol Hill In Support of
Comprehensive Immigration Reform Legislation
By Micheal E. Hill
Thursday, September 30, 2010 -- 12:45 pm EDT
-- Updated on Friday, October 1, 2010 at 1:15 am EDT --
New York City Mayor Michael Bloomberg and News Corp. Chairman Rupert Murdock headlined a hearing on Thursday on the role of immigration in strengthening America's economy. In their testimony, the two world reknown billionaires extolled the virtues of immigration and pleaded with Congress to enact comprehensive immigration reform legislation.
Despite his expression of support for comprehensive immigration reform, Murdoch faced testy questioning, at times, about the pusture of FOX News on the subject of immigration.
Click on the play button, above, to see video of the September 30, 2010, House Judiciary Subcommittee on Immigration, Citizenship, Refugees, and International Law hearing.
Prepared Statement of Mayor Michael Bloomberg at September 30, 2010, Hearing
Prepared Statement of Rupert Murdoch at September 30, 2010, Hearing
Prepared Statement of Jeff Moseley at September 30, 2010, Hearing
Prepared Statement of Stephen A. Camarota at September 30, 2010, Hearing
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Congress Adjourns Pending Outcome of the Mid-Term Elections
By Micheal E. Hill
Thursday, September 30, 2010 -- 9:30 am EDT
Congress has adjourned to await the results of the 2010 mid-term elections. It will reconvene on Monday, November 15, 2010, to complete action on the fiscal year 2011 appropriations bills, attempt to enact an extension of expiring Bush-era tax cuts, and wrap up action on other leftover bills and resolutions.
From an immigration perspective, the most noteworthy actions that occurred as Congress rushed to adjournment were actions that did not take place. Refugee advocates who had been urging Congress to extend the eligibility of disabled elderly refugees for Supplemental Security Income (SSI) benefits were unable to achieve that goal, as Republicans blocked an effort by Senator Kirsten Gillibrand (D-NY) to win Senate passage by unanimous consent of legislation extending refugee eligibility for the program. Also, immigration advocates had been concerned as the House session drew to a close that House Republicans would attempt to bar undocumented aliens from receiving medical compensation under H.R. 847, the "James Zadroga 9/11 Health and Compensation Act". In the end, no such attempt was made, and the House passed the measure without restricting aliens' access to the program.
Just prior to adjournment, Senator Bob Menendez (D-NJ) introduced S. 3932, a comprehensive immigration reform bill titled the "Comprehensive Immigration Reform Act of 2010’’ or the ‘‘CIR Act of 2010’’. Included in the bill is a provision providing marriage-like immigration benefits to same-sex partners, a provision that could jeopardize the support of the evangelical and Catholic communities.
Even though Congress has adjourned, three items will take place on Thursday, as planned. They include a star-studded hearing in the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law on the economic benefits of immigration. Testifying at that hearing will be News Corp. Chairman Rupert Murdock and New York City Mayor Michael Bloomberg. Also occurring today will be a hearing in the House Committee on Foreign Affairs on human trafficking. And there will be a formal constultation meeting today between Secretary of State Hillary Rodham Clinton, Secretary of Health and Human Services Kathleen Sebelius, and the leadership of the House and Senate Judiciary Committee on refugee admissiuons for fiscal year 2011.
You can stay in touch with up-to-the-minute updates on today's immigration and refugee legislative agenda by following MicEvHill on Twitter. You also are encouraged to check-in frequently throughout the day at MicEvHill.Com for updates, as warranted.
Click Here to See the Text of the Menendez CIR Bill
Click Here to See a Short Summary of the Menendez CIR Bill
Click Here to See a Detailed Section-by-Section Summary of the Menendez CIR Bill
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Lots of Immigration and Refugee Items In Play As Congress Pushes to to Leave Washington for the Mid-Term Elections
By Micheal E. Hill
Wednesday, September 29, 2010 -- 8:50 am EDT
If all goes as planned today, when the House and Senate complete their sessions today, they will adjourn for the last time prior to the 2010 mid-term elections. As often is the case, Congress' last legislative push includes the need to enact a stop-gap appropriations bill to fund the nation's border security, immigration enforcement, immigration services adjudicatory, refugee admissions, overseas refugee assistance, and refugee resettlement functions.
Also on the table as Congress prepares to adjourn is a last-ditch effort by refugee advocates to enact a short-term extension of Supplemental Security Income (SSI) eligibility for about 5,600 elderly refugees who otherwise will lose their eligibility for the program on October 1, 2010; a possible House floor vote on barring undocumented aliens from receiving medical compensation under a 9/11 first responder medical compensation bill; the possible introduction in the Senate of a comprehensive immigration reform bill that could peel away the support of the evangelical community and U.S. Catholic bishops because of its inclusion of marriage-like immigration benefits to same-sex partners; and a formal constultation between Secretary of State Hillary Rodham Clinton, Secretary of Health and Human Services Kathleen Sebelius, and the leadership of the House and Senate Judiciary Committees.
Congress' rush to adjournment could jeopardize two hearings that are planned for Thursday: a star-studded hearing in the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law on the economic benefits of immigration; and a hearing in the House Committee on Foreign Affairs on human trafficking. If Congress, does, indeed, leave town today, there is some question whether those hearings will take place, as scheduled, on Thursday, September 30.
You can stay in touch with up-to-the-minute updates on the progress (or lack thereof) of the end-of-session immigration and refugee legislative agenda by following MicEvHill on Twitter. You also are encouraged to check-in frequently throughout the day at MicEvHill.Com for updates, as warranted.
Click Here to See "Today on the Hill" for Wednesday, September 29, 2010
Click Here to See "This Week on the Hill" for the Week of September 27, 2010
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House Republicans Could Force Vote on Whether to Block Undocumented Aliens From Receiving Assistance Under a 9/11 Victim and First Responder Medical Compensation Bill
By Micheal E. Hill
Wednesday, September 29, 2010 -- 8:30 am EDT
-- Updated on Thursday, September 30, 2010 at 1:55 pm EDT --
While no Republicans had come forward at the time of this writing to indicate that such a move was afoot, House Republicans could mount an effort today to deny medical compensation to undocumented alien first responders who rendered assistance to the victims of the September 11, 2001, terrorist attacks on the United States. If such a vote is, indeed, forced, and if GOP immigration restrictionists succeed in adding immigration status restrictions to a proposed 9/11 first responder medical compensation bill, members of the Congressional Hispanic Caucus could respond by voting against the bill on final passage, and the House Democratic Leadership could decide to pull the compensation measure from the House floor rather than subject it to a politically charged and uncertain vote on final passage.
Today's House action on 9/11 first responder medical compensation is set to occur in connection with H.R. 847, the "James Zadroga 9/11 Health and Compensation Act". Insiders speculate that House Republicans will attempt to place immigration restrictions into the bill by offering a motion to recommit (MTR) the measure to the House Committee on Energy and Commerce with instructions that it be returned to the House with language barring undocumented aliens from receiving compensation under the measure. Supporters of the 9/11 medical compensation bill fear that vulnerable Democrats from moderate-to-conservative district may find it difficult to vote against such a motion so close to the 2010 mid-term elections, and that such a motion could succeed.
The House of Representatives is likely to take up H.R. 847 in the afternoon or evening hours of Wednesday, September 29. If, as expected, the House takes up the measure today, it would be the second time that it will have done so this year. The House first considered H.R. 847 on July 29, 2010. However, the House defeated it at that time, failing to pass it by a vote of 255-159.
The House Democratic Leadership brought H.R. 847 before the full House of Representatives in July under a process known as "suspension of the rules," a procedure that prohibits floor amendments from being offered and requires the affirmative votes of two-thirds of those present and voting in order to pass a measure. The Democratic Leadership fell 12 votes short of the two-thirds threshhold at that time. All but 12 Republicans who cast votes voted against the measure. Only four Democrats voted against it.
Republicans speaking against H.R. 847 on July 29 cited a number of reasons for opposing it. Mostly, they complained that the process did not allow them to amend it. However, a number of Republican Members said that had they been permitted to offer amendments, they would have offered one that would preclude noncitizens and undocumented aliens from receiving compensation under the measure. They contended that the reason the House Democratic Leadership put the bill on the House floor under a procedure that required two-thirds of those voting to vote in favor of it was because they wanted to preclude such amendments from being offered and protect their Members from having to vote on the issue of compensating illegal immigrants and noncitizens.
This time around, the Democratic Leadership is expected to put H.R. 847 on the House floor under a procedure that will only require a simple majority of the Members who are present and voting to vote in favor of it. Insiders doubt that the Democratic Leadership will agree to permit immigration-related amendments to be offered to the measure. However, even if the House Democratic Leadership forbids immigration-related floor amendments to H.R. 847, it cannot stop Republicans from forcing a vote on immigration using the MTR parliamentary device.
The debate on H.R. 847 back in July was unusually emotional at times, with one of the most emotional exchanges taking place between House Homeland Security Committee Ranking Republican Peter King (R-NY) and Representative Anthony Weiner (D-NY). Representative Weiner's remarks were widely played on cable television at the time. But what was not played by the cable news stations were the remarks by Representative King that prompted Representative Weiner's emotional response.
Click on the play button, above, to see the complete exchange that took place between Representatives Peter King and Anthony Weiner on H.R. 847, an exchange that was prompted by Representative King's remarks about illegal immigrants and H.R. 847.
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Obama Discusses Immigration In Alburquerque
By Micheal E. Hill
Tuesday, September 28, 2010 -- 9:00 pm EDT
President Barack Obama discussed the need for comprehensive immigration reform (CIR) and his view of the reasons why it has not yet been enacted into law during a Thursday, September 28, discussion he participated in with New Mexico families who were assembled for one his "backyard discussions" on issues facing the nation.
During his remarks, the President repeated his oft-stated desire for the enactment of comprehensive immigration reform legislation and his view that the failure of Senate Republcians to cooperate was the reason for the inability of Congress and the President to enact CIR legislation.
Click on the play button, above, to see a video excerpt of the President's immigration remarks.
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A Short But Busy Immigration and Refugee Awaits As Congress Prepares to Leave Washington for the Mid-Term Elections
By Micheal E. Hill
Monday, September 27, 2010 -- 8:15 am EDT
A short work week is in store for Congress this week as the House and Senate mount a final legislative push before their scheduled adjournment. Originally scheduled to adjourn at the end of next week, the House and Senate now intend to adjourn by this week's end so that Members and Senators seeking reelection can return to their states and districts for a final month of campaigning in advance of the 2010 mid-term elections. As is usually the case when Congress launches its final legislative push, many immigration and refugee matters are on the table.
This week's potential immigration- and refugee-related legislative action includes:
- Fiscal Year 2011 Immigration- and Refugee-Related Appropriations. The House and Senate this week are expected this week to clear a stop-gap, short-term funding bill to fund the operations of the federal government for the first weeks of fiscal year 2011. Included in the coming fiscal year 2011 stop-gap spending measure will be funding that normally is contained in four separate measures that each year fund the federal government's immigration-, border security-, and refugee-related functions. At the time of this writing, it was not known how far into the fiscal year the funding will extend, whether there will be legislative add-ons, and to wfunding will be increased for high priority spending items, such as border security or interior immigration enforcement.
- Undocumented Aliens and 9/11 First Responders. The House of Representatives is expected this seek to take another shot at passing H.R. 847, the "James Zadroga 9/11 Health and Compensation Act," which the House of Representatives defeated on July 29, 2010. The measure would establish a program, run by the Department of Health and Human Services, to treat and monitor individuals who have medical problems resulting from the toxins released by the 9/11 attacks or the subsequent debris removal. The House defeated the bill on July 29, 2010, under a procedure that required the affirmative votes of two-thirds of those Members who are present and voting in order to pass it. While the bill garnered a majority of Members voting, it did not get the requisite two-thirds vote that was required. A number of Republicans voted against it, in part, because they were not allowed to offer amendments that would have barred undocumented aliens from benefiting from the measure. This time around, Republicans are expected to be permitted to either offer immigration-related amendments or an immigration-related motion to recommit the measure.
- Refugee Admissions Consultation. A formal consultation meeting between Secretary of State Hillary Rodham Clinton, Secretary of Health and Human Services Kathleen Sebelius, and the leadership of the House Committee on the Judiciary and the Senate Committee on the Judiciary relating to refugee admissions for fiscal year 2011. The Department of State, Department of Homeland Security, and Department of Health and Human Services recently released to the House and Senate Committees on the Judiciary their Proposed Refugee Admissions for Fiscal Year 2011 Plan, which will be the subject of the consultation.
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Presidential Determination on Refugee Admissions and Resettlement. On or around October 1, President Barack Obama is expected to issue a Presidential Determination on refugee admissions for fiscal year 2011, establishing the number and nature of refugee admissions for the coming fiscal year. The issuance of a Presidential Determination on refugee admissions is necessary before any refugees can be admitted.
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Refugees and SSI. Refugee advocates are hoping to find a vehicle before the end of the week to extend Supplemental Security Income (SSI) benefits eligibility for about 5,000 elderly disabled refugees whose eligibility for the program will be cut off at week's end unless Congress enacts legislation extending it. They are eyeing either a stand-alone measure, which would have to be cleared by unanimous consent in the Senate, or convincing the Leadership to insert provisions in a must-pass measure.
- Hearing on the Economic Benefits of Immigration. The House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law has scheduled a hearing for this week titled, "The Role of Immigration in Strengthening America's Economy."
- House Foreign Affairs Committee Hearing on Human Trafficking Prevention. The House Committee on Foreign Affairs has scheduled a hearing for this week titled "Out of the Shadows: The Global Fight Against Human Trafficking."
Click Here to See "This Week on the Hill" for the Week of September 27, 2010
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Rubio and Hoyer Discuss Immigration on Sunday's
Public Affairs Programs
By Micheal E. Hill
Monday, September 27, 2010 -- 12:01 am EDT
The subject of immigration was addressed on two of the September 26, 2010, Sunday public affairs programs this week. Immigration-related remarks were made by Republican Senate Candidate Marco Rubio of Florida, who expressed support for Arizona's S.B. 1070 on CBS News' "Face the Nation" program and by House Majority Leader Steny Hoyer (D-MD), who appeared on FOX News' "FOX News Sunday, where he called remarks made by politcial satirist Stephen Colbert at a House hearing on AgJOBS legislation "inappropriate."
Click on the play button, below, to see video of Rubio's and Hoyer's appearances:
GOP Senate Candidate Marco Rubio on "Face the Nation"
House Majority Leader Steny Hoyer on "FOX News Sunday"
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Stephen Colbert Makes Mockery of Congress In Comedy Routine Masquerading as Testimony on AgJOBS Before House Judiciary Panel
By Micheal E. Hill
Friday, September 24, 2010 -- 11:40 am EDT
-- Updated on Saturday, September 25, 2010 at 9:00 am EDT --
Comedy Central political satirist Stephen Colbert testified this week before the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and Internatiional Law on agricultural labor and the controversial AgJOBS bill. While Colbert's written statement was serious, the presentation that he made was in the character of his Comedy Central character, full of one-liners and jokes.
Also testifying at the September 24, 2010, hearing were Arturo S. Rodriquez, President of the United Farm Workers; Phil B. Glaize, Chairman of the U.S. Apple Association; and Carol M. Swain, a professor at Vanderbilt University.
Click on the play button, above, to see video of Colbert's testimony.
Click Here to See Video of the Entire Hearing
Click Here to See the Text of Stephen T. Colbert's Prepared Testimony
Click Here to See the Text of Arturo S. Rodriquez's Prepared Testimony
Click Here to See the Text of Phil B. Glaize's Prepared Testimony
Click Here to See the Text of Carol M. Swain's Prepared Testimony
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Napolitano Spars with McCain and Brown Over Border Security and Reponds to Collins Concerns About the Security of Somali Refugees
By Micheal E. Hill
Thursday, September 23, 2010 -- 1:50 pm EDT
Secretary of Homeland Security Janet Napolitano testified before the Senate Committee on Homeland Security and Governmental Affairs on Wednesday, September 22, on current terrorist threats to the U.S., including the radicalization of individuals within the nation, and efforts to address those threats. During the course of the hearing she sparred with Senator John McCain (R-AZ) and Scott Brown on border security and interior immigration enforcement issues, as well as fielded a question from the panel's Ranking Republican, Susan Collins (R-ME), on potential secruity threats posed by Somalis who are admitted to the United States as refugees.
Click on the play buttons, below, to see video clips from the hearing:
McCain on Border Security
Brown on Interior Immigration Enforcement
Collins on Somali Refugees
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House Republicans Include Immigration, Border Security, and Visa Security Items In New "Pledge to America" Campaign Platform
By Micheal E. Hill
Thursday, September 23, 2010 -- 2:30 am EDT
-- Updated on Thursday, September 23, 2010 at 11:30 EDT --
Asserting that "[o]ur borders are a vital part of our security, so we will act decisively to ensure that the federal government fulfills its constitutional duty to protect our citizens and our Nation, working closely with our state and local governments," House Republicans have included several immigration, border security, and visa security items in a set of "pledges" that they unveiled during a Thursday, September 23, press event in Northern Virginia.
The policy proposals that House Republicans unveiled on Thursday are intended to portray the party as ready to retake the reins of the U.S. House of Representatives after four years of Democratic control of the chamber. They conjure up imagery of the "Contract With America" that House Republicans rode to a majority in 1994 and that spawned three of the most vilified (in the case of the pro-immigrant advocacy community) and celebrated (in the case of the immigration restrictionist advocacy community) immigration laws in recent memory: the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), which ushered expedited removal into law; the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PROWRA), that enacted the current regime with regard to benefit ineligibility for both legal and illegal immigrants; and the illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), that eliminated judicial and administrative discretion, made a host of relatively minor crimes deportable offenses, and imposed many of its provisions retroactively.
Some may find the immigration, border security, and visa security items in the 2010 House GOP "Pledge to America" tame in comparison to the immigraiton legislation that flowed from the 1994 "Contract with America." They certainly don't live up to the recent red hot rhetoric that has emanated from some House and Senate Republicans on such matters as birthright citizenship and the recently enated Arizona immigration enforcement law. But in reality, despite the fact that three major immigration laws flowed from the 1994 "Contract With America," that "Contract" never once mentioned the words "immigration", "border", or "alien". Moreover, at least two of the items in the 2010 House GOP "Pledge to America" document bear a resemblance to two immigration restrictionist bills from the 111th Congress that are anathema to the pro immigrant advocacy community: H.R. 2406, the CLEAR Act, and H.R. 3308, the SAVE Act.
Among the immigration, border security, and visa security items in the 2010 House Republicans' "Pledge to America are:
- Establish Operational Control of the Border: We must take action to secure our borders, and that action starts with enforcing our laws. We will ensure that the Border Patrol has the tools and authorities to establish operational control at the border and prohibit the Secretaries of the Interior and Agriculture from interfering with Border Patrol enforcement activities on federal lands.
- Work with State and Local Officials to Enforce Our Immigration Laws: The problem of illegal immigration and Mexican drug cartels engaged in an increasingly violent conflict means we need all hands on deck to address this challenge. We will reaffirm the authority of state and local law enforcement to assist in the enforcement of all federal immigration laws.
- Strengthen Visa Security: To stop terrorists like Omar Farouk Abdulmutallab, the Christmas Day bomber, we will require the Department of Homeland Security to review all visa applications at high-risk consular posts and prevent aliens from attempting to avoid deportation after having their visas revoked.
House republicans unveiled their agenda at 10:00 am EDT on Thursday, September 23, at the Tart Lumber Company in Sterling, Virginia, an exurb of Washington, DC.
Click Here to See the Entire 2010 GOP "A Pledge to America" Document
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Senate Fails On a Procedural Vote to Pave the Way for
Consideration of the DREAM Act
By Micheal E. Hill
Tuesday, September 21, 2010 -- 4:45 pm EDT
-- Updated on Tuesday, September 21, 2010 at 5:45 pm EDT --
Senate Democrats have failed to win a procedural vote that would have set the stage for Senate floor consideration of the DREAM Act. Senate action occurred on Tuesday, September 21, 2010, in connection with a motion to invoke cloture on a motion to proceed to the consideration of S. 3454, the Department of Defense Authorization Act for Fiscal Year 2011. The affirmative votes of 60 or more senators were needed in order to invoke cloture on the motion. The Senate failed to invoke cloture by a vote of 56-43. All of the Republicans who were present and voting voted AGAINST invoking cloture. With the exception of Senator Reid, who voted against cloture for procedural reasons, only two Democrats voted AGAINST cloture: Senators Blanche Lincoln (D-AR) and and David Pryor (D-AR).
It was Senate Majority Leader Harry Reid's (D-NV) intention to offer an amendment to the defense bill that would have added the text of S. 729, the Development, Relief, and Education for Alien Minors Act of 2009 (popularly known as the DREAM Act) to the bill had he prevailed on the cloture vote. His inability to achieve cloture likely means that supporters of the DREAM Act will have to put their plans on hold until at least after the Senate returns to Washington in mid-November following the 2010 mid-term elections.
While it may be tempting for some in the immigration restrictionist community to portray Tuesday's vote as a vote against the DREAM Act, the issues that compelled senators the vote the way they did was much more complicated than that. Indeed, there were at least four groups of senators who voted against cloture, including those who opposed an abortion provision in the measure, those who opposed a "don't ask, don't tell" provision in the bill, and those who voted against invoking cloture because they did not think Republicans had been afforded a reasonable opportunity to offer amendments to the bill.
Click on the play button, above, to see a video excerpt of a colloquy on the DREAM Act between Assistant Senate Majority Leader Richard Durbin (D-IL) and Senate Majority Leader Harry Reid (D-NV) that took place on Tuesday, September 21, 2010, immediately after the failed cloture vote.
Link to the Vote on the Motion to Invoke Cloture on Motion to Proceed to S. 3454
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Procedural Vote in the Senate Could Determine
the Fate of the DREAM Act
By Micheal E. Hill
Tuesday, September 21, 2010 -- 8:30 am EDT
-- Updated on Tuesday, September 21, 2010 at 11:45 am EDT --
The Senate is set to cast a procedural vote today that could determine the fate of the DREAM Act for this year, and beyond.
Today's vote, scheduled for 2:30 pm EDT, is not actually a vote on the DREAM Act, itself. Rather, it is a vote on a motion by Senate Majority Leader Harry Reid (D-NV) to invoke cloture (shut down debate) on a motion to proceed to the consideration of S. 3454, the Department of Defense Authorization Act for Fiscal Year 2011. It is anticipated that if it agrees to invoke cloture on the motion to proceed to the defense bill, once it takes up the measure, the Senate would consider an amendment that seeks to add the text of S. 729, the Development, Relief, and Education for Alien Minors Act of 2009 (popularly known as the DREAM Act) to the bill. A supermajority of 60 votes will be needed in order to invoke cloture on the motion to proceed. At the time of this writing, the outcome of the vote was very much in doubt.
It has been exceedingly difficult to nail down the commitment of 60 senators to invoke cloture on the motion to proceed to the defense bill. Some insiders are now predicting that the Senate will fail to do so this afternoon. Four groups of senators are presenting the most problems:
- The first group is opposed to taking up the bill because of its opposition to a provision within it that would repeal the "Don't Ask, Don't Tell" policy with respect to gays and lesbians in the U.S. armed services.
- A second group is opposed to taking up the bill because of its opposition to a provision in the bill that would faciliate performing elective abortions in U.S. military facilities.
- A third group of senators is opposed to permitting the floor amendment relating to the DREAM Act to the bill either because they see it as an "amnesty" or they view the defense bill as an inappropriate vehicle for the DREAM Act's provisions.
- A fourth group of Republicans has indicated its members will oppose cloture in order to protect the right of Republicans to offer amendments to bills on the Senate floor.
If the Senate fails to invoke cloture on the motion to proceed, it will not be able to take up the defense bill, which means there will be no vehicle on the Senate floor for a DREAM Act amendment. If the Senate agrees to take up the Department of Defense Authorization bill, the next key vote likely would occur on a motion to invoke cloture on the DREAM Act amendment, itself. As is the case with the cloture vote on the motion to proceed, the votes of 60 senators would be required to invoke cloture on the DREAM Act amendment.
The conventional wisdom is that the failure to win a 60-vote or better supermajority on the cloture motion this afternoon will kill the defense bill, and the DREAM Act along with it. However, notwithstanding conventional wisdom, Senate Majority Leader Reid would have a number of options available to him if he loses the cloture vote this afternoon. Depending on how close the Majority Leader gets to the 60 votes that he needs, he could attempt to cut a deal with one or more senators on amendments that they wish to offer to the bill in return for them changing their votes against cloture, and then, once he has such an agreement in hand, he could arrange for a re-vote on the cloture motion later this week or next.
Senate Majority Leader Harry Reid (D-NV) has announced that he does not intend for the Senate to complete consideration of the Defense Authorization bill before it adjourns in early October for the mid-term elections. Instead, he intends to dispose of a DREAM Act amendment, an amendment on the Don't Ask, Don't Tell" policy, and an amendment relating to the ability of senators to place anonymous holds on legislation to prevent the Senate from taking up measures they disapprove of prior to the elections and then pull the bill from the Senate floor, taking it up again after the elections. Accordingly, even if the Senate agrees to a DREAM Act amendment to the defense Authorization bill in the next week or two, the package to which it would be attached would not come up for a final vote until after the Novermber elections.
The DREAM Act would provide for the legalization of undocumented aliens who came to the United States before age 16, have been in the United States for at least five years, have passed background checks, and who agree either to attend college or serve in the military for at least two years. The measure also would permit states to charge undocumented aliens living within their jurisdictions with in-state tuition rates at their public colleges and universities.
Click on the play button, above, to see a video excerpt of a colloquy on the DREAM Act that took place on Monday, September 20, 2010, between Senate Armed Services Committee Ranking Republican John McCain (R-AZ) and Senator Lindsey Graham (R-SC).
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Possible Floor Action on the DREAM Act Highlights This Week's Immigration Legislative Agenda
By Micheal E. Hill
Monday, September 20, 2010 -- 2:00 am EDT
If all goes as planned, the 111th Congress could face the first floor vote on a piece of pro-immigrant legislation in its nearly two year-long existence. That vote could come as soon as Wednesday or Thursday in the U.S. Senate on an amendment reflecting the text of S. 729, the DREAM Act.
Of course, the chances of everything going as planned in the U.S. Senate are usually pretty low. Add immigration to the mix, and those chances get even lower.
The Senate Democratic Leadership is hoping to bring the DREAM Act up as an amendment to to S. 3455, the Department of Defense Authorization Act for Fiscal Year 2011. In order to do so, the Leadership will have to navigate two cloture votes. The first will occur on an effort to invoke cloture (shut down debate ) on a motion to proceed to the consideration of the defense measure. If the Leadership is successful in winning the affirmative votes of 60 or more senators on that cloture motion, it then will likely have to secure 60 votes or more in favor of invoking cloture on the DREAM Act amendment, itself.
The first cloture vote is expected to occur at 2:15 pm EDT on Tuesday, September 21. Depending on the outcome of that vote, the Senate either could conduct a series of additional votes in relation to the defense bill and the DREAM Act amendment to it during the week, or the Majority Leader could be forced to pull the bill from the Senate floor, altogether. At the time of this writing, the outcome of the first vote (and of any potential subsequent vote) was very much in doubt.
In the only other immigration-related floor action that is anticipated this week, the full House of Representatives on Wednesday is set to take up H.R. 5264, the "Department of Justice Appropriations Authorization Act, Fiscal Year 2011." As introduced, the measure would authorize funding for fiscal year 2011 for a variety of Department of Justice agences, functions, and activities. With respect to immigration, Section (2)(2) of the measure would authorize $319.2 MILLION for the Department of Justice Administrative Review and Appeals account, which houses the Executive Office for Immigration Review (EOIR). The bill is noncontroversial and is expected to pass the House with little debate.
There are no hearings or markups scheduled for this week at which immigration- or refugee-related matters are likely to be discussed. Most of the off-of-the-floor immigration-related activity in Washington this week is expected to occur during press conferences and press availabilities.
This week marks the second of a scheduled four weeks of session for the House and Senate before members and senators leave Washington to mount their last month of campaigning before the mid-term elections. Congress is expected to be in session next week. However, there is much speculation that next week could be the last before Congress returns on November 15 for an expected post-election lame duck session.
Click Here to See "This Week on the Hill" for the Week of September 20, 2010
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Immigration Returns to the Sunday Public Affairs Programs
From an Unlikely Source
By Micheal E. Hill
Monday, September 20, 2010 -- 12:15 am EDT
After a six week-long absence, the subject of immigration returned to the Sunday public affairs programs this week, coming from an unlikely source: former Secretary of State Colin Powell, who brought the subject up without prompting on the September 20, 2010, edition of NBC's "Meet the Press" program. In his remarks, Secretary Powell endorsed the DREAM Act, extolled the virtues of immigrants and immigration, and chided those in the Republican party who have taken an anti-immigrant posture in recent years.
Click on the play button, above, to see video of Secretary Powell's appearance on the September 20, 2010, edition of "Meet the Press."
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Initial DREAM Act Skirmishing Begins on the Senate Floor
By Micheal E. Hill
Friday, September 17, 2010 -- 3:50 am EDT
Senate Majority Leader Harry Reid (D-NV) has taken the initial steps necessary to bring the DREAM Act before the Senate, prompting a series of floor skirmishes between Democratic proponents and Republicans opponents of the controversial measure. The Majority Leader acted on Thursday, September 16, when he moved that the Senate proceed to the consideration of S. 3455, the Department of Defense Authorization Act for Fiscal Year 2011. Immediately after offering his motion, he filed a cloture petition to shut down debate on it. His actions on Thursday have set up a 2:15 pm EDT Tuesday, September 21, cloture vote on the motion to proceed. If the Majority Leader succeeds in attaining 60 or more votes for his cloture motion, he then will offer an amendment based on the text of S. 729, the DREAM Act, to the defense bill.
Majority Leader Reid's actions on Thursday were not a surprise. He had telegraphed the move two days earlier. Nonetheless, the reaction by GOP opponents of the DREAM Act was swift and furious. Senate Armed Services Committee Ranking Republican John McCain (R-AZ), a former supporter of the DREAM Act, took to the Senate floor to excoriate Democrats for the move, as did Senate Judiciary Committee Ranking Republican Jeff Sessions (R-AL). Speaking in favor of the move were Senator Reid and Assistant Majority Leader Dick Durbin (R-IL), the latter of whom is the principal sponsor of the DREAM Act.
Click on the play buttons, below, to see extended video clips of the major statements made during the Thursday, September 16, session of the Senate on the DREAM Act:
Colloquy Between Senators Harry Reid and John McCain:
Statement of Senator Dick Durbin:
Statement of Senator Jeff Sessions:
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President Obama Pledges to Do "Whatever it Takes" to Advance
the DREAM Act in the Coming Weeks
By Micheal E. Hill
Thursday, September 16, 2010 -- 2:45 am EDT
-- Updated on Friday, September 17, 2010 at 1:00 am EDT --
Saying that it was "the right thing to do," President Barack Obama on Wednesday pledged that he "will do whatever it takes to support the Congressional Hispanic Caucus' efforts to pass [the DREAM Act] so that I can sign it into law on behalf of students seeking a college education and those who wish to serve in our country's uniform." The President's remarks, made on Wednesday, September 15, 2010, were contained in a 25 minute-long address that he delivered to the 33rd Annual Congressional Hispanic Caucus Institute Awards Gala. It was the first public indication of the President's support for a controversial effort being waged by Senate Majority Leader Harry Reid (D-NV) and Assistant Majority Leader Richard Durbin (D-IL) to add the text of S. 729, the DREAM Act, to S. 3455, the Department of Defense Authorization Act for Fiscal Year 2011. The Senate Majority Leader hopes to bring the bill before the Senate early next week.
In addition to expressing support for the Durbin/Reid effort to bring the DREAM Act before the Senate for a vote prior to the 2010 mid-term elections, the President restated his commitment to enacting comprehensive immigration reform, blaming Republicans for the impasse on the issue, and he urged the Hispanic community to
"don't forget who is standing with you, and who is standing against you."
The President's remarks, made at 8:00 pm EDT, came just hours before he was scheduled to meet at the White House with three representatives of the Congressional Hispanic Caucus to discuss strategy on the DREAM Act and on comprehensive immigration reform. That meeting is scheduled for 2:30 pm EDT on Thursday, September 16.
The effort to attach the DREAM Act to the Defense Authorization Bill is expected to come to a head next week, first in a vote on whether to shut down the debate on the defense bill. If that vote is successful, an effort will then be made to sut down debate on a DREAM Act amendment to the measure.
Click on the Play Button, above, to see video of President Obama's remarks at the Congressional Hispanic Caucus Institute gala.
Text of President Obama's Remarks at the CHCI Awards Gala
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Congressional Hispanic Caucus Reverses Course and Throws Weight Behind Effort to Get a Vote in the Senate on the DREAM Act
By Micheal E. Hill
Thursday, September 16, 2010 -- 2:30 am EDT
-- Updated on Saturday, September 18, 2010 at 1:00 am EDT --
When the day dawned on Wednesday, September 15, there was great uncertainty about whether the Congressional Hispanic Caucus (CHC) would support the effort by Senate Majority Leader Harry Reid (D-NV) and Assistant Majority Leader Richard Durbin (D-IL) to secure a vote in the Senate on the DREAM Act prior to the Senate's adjournment for the 2010 mid-term elections. After all, key members of the CHC had spent the better part of the last two years criticizing the DREAM Act as a "piecemeal" immigration measure that could take the steam out of the movement to enact comprehensive immigration reform (CIR). As recently as Wednesday, published news accounts had reported that key CHC Members were skeptical of the effort to secure a vote on the DREAM Act before the mid-term elections. Some expressed concern that it would take the steam out of the CIR effort. Others indicated concern that it could become a target for undesirable immigration enforcement amendments on the Senate floor. And still others expressed concern about the impact that a loss in the Senate would have on the immigration reform movement. All of that changed by mid-morning on Wednesday, however, when key CHC Members publicly threw their weight behind the effort to get a vote before the mid-term elections on the DREAM Act.
The first sign that the CHC was preparing to get behind the movement for a September DREAM Act vote came on Tuesday, when the Senate Democratic Leadership told DREAM Act supporters that they had the blessing of Senator Bob Menendez (D-NJ) for their effort to offer an amendment based on the text of S. 729, the DREAM Act, to S. 3455, the Department of Defense Authorization Act for Fiscal Year 2011. Even then, the Leadership did not yet know what the position of the CHC would be on their amendment. All public doubt was erased on Wednesday morning, however, when CHC Chair Nydia Velazaquez (D-NY), CHC Immigration Task Force Chair Luis Gutierrez (D-IL), and Senator Bob Menendez (D-NJ) addressed a meeting of immigration reform advocates and expressed strong support for the effort to amend the Department of Defense Authorization bill with the text of the DREAM Act.
In his remarks before the gathering of several hundred immigration advocates at a church near the U.S. Capitol Building, Senator Menendez pledged his full support for the Durbin/Reid effort to amend the Department of Defense Authorization Act. He also pledged that he would introduce his own CIR bill that would go beyond the framework for comprehensive immigration reform that Senate Democrats unveiled earlier this year.
Afterwards, the CHC revealed that Senator Menendez and Representatives Velazquez and Gutierrez will meet with President Obama this afternoon to discuss the DREAM Act and CIR. That meeting is scheduled for 2:30 pm EDT in the White House.
The DREAM Act would permit states to afford undocumented aliens living within their jurisdictions with in-state tuition rates. It also would provide for legalization of undocumented aliens who came to the United States before age 16, have been in the United States for at least five years, have passed background checks, and who agree either to attend college or serve in the military for at least two years. It is strongly supported by the pro-immigrant advocacy community and strongly oppposed by the immigration restrictionist advocacy community, which calls it "amnesty."
In order to succeed in amending the Department of Defense Authorization Act with the text of the DREAM Act, proponents will have to win a supermajority of 60 votes on at least two and possibly as many as three occasions. The task is complicated by the fact that the Senate is just weeks away from a mid-term electoin in which control of the Senate is at stake.
Click on the Play Button, above, to see video of Senator Menendez's remarks before immigration activists on Wednesday, September 15.
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Senator Vitter Pledges Opposition to DREAM Act Amendment to DOD Authorization Bill and Promises to Offer Amendment to Weaken It
By Micheal E. Hill
Thursday, September 16, 2010 -- 2:15 am EDT
Senator David Vitter (R-LA) took to the Senate floor on Wednesday, September 15, to pledge that he would fight "tooth and nail" to defeat an amendment that Senate Majority Leader Harry Reid (D-NV) and Assistant Majority Leader Richard Durbin (D-IL) intend to offer to S. 3455, the Department of Defense Authorization Act for Fiscal Year 2011, reflecting the text of S. 729, the DREAM Act. In addition to opposing the DREAM Act amendment, Vitter said he would seek to offer a second degree amendment to the measure to strike provisions permitting states to charge in-state tuition to undocumented aliens who are living in their jurisdictions and enrolled in public colleges and universities.
Senator Vitter was one of several Republicans who expressed vehement opposition to the Reid/Durbin proposal to amend the Defense Authorization Bill with the text of the DREAM Act. Others expressing opposition to the proposal include Senate Armed Services Committee Ranking Republican John McCain (R-AZ), who pledged to block Senate consideration of the Department of Defense Authorization bill, in part, because of the move to attach the DREAM Act to it, and Utah Republicans Orrin Hatch (R-UT) and Bob Bennett (R-UT), both of whom were among seven Republicans now serving in the Senate who supported the DREAM Act when it was considered by the Senate in October of 2007. Also expressing opposition was Senate Judiciary Subcommittee on Immigration, Refugees, and Citizenship Rankiing Republican John Cornyn (R-TX).
The DREAM Act would permit states to afford undocumented aliens living within their jurisdictions with in-state tuition rates. It also would provide for legalization of undocumented aliens who came to the United States before age 16, have been in the United States for at least five years, have passed background checks, and who agree either to attend college or serve in the military for at least two years. It is strongly supported by the pro-immigrant advocacy community and strongly oppposed by the immigration restrictionist advocacy community, which calls it "amnesty."
Click on the Play Button, above, to see video of Senator David Vitter's floor statement indicating his opposition to including the DREAM Act in the Department of Defense Authorization Bill.
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House Passes Measure Permitting Members of Congress to
Administer the Naturalization Oath
By Micheal E. Hill
Thursday, September 16, 2010 -- 3:35 am EDT
The House of Representatives has passed legislation that would permit Members of Congress and senators to administer the naturalization oath to successful applicants for U.S. citizenship. House action occurred on Wednesday, September 15, 2010, in connection with H.R. 4862, a bill that was introduced by Representative Jose Seranno (D-NY). The measure had more than 140 cosponsors and enjoyed broad, bipartisan support.
As passed by the House, H..R. 4862 would permit Members of Congress and senators to administer the oath of naturalization. However, a Member could only do so at a ceremony arranged by the Department of Homeland Security. In an effort to prevent undue politicization, the bill would require that a Member of Congress or senator only administer the oath to someone who lives in his or her district, in the case of a Member of the U.S. House of Representatives, or to a person who lives in the Member's state in the case of a United States Senator. Additionally, the House-passed bill would prohibit a Member of Congress or senator from administering the naturalization oath during a period that is within 90 days of an election in which that Member or senator is a candidate.
Now that the House of Representatives has passed H.R. 4862, the next step in the legislative process is its consideration in the U.S. Senate.
Click on the play button, above, to see the September 15, 2010, House floor debate on H.R. 4862
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Senate Majority Leader Reid Announces Plan to Attach
the DREAM Act to Defense Measure
By Micheal E. Hill
Wednesday, September 15, 2010 -- 8:30 am EDT
-- Updated on Wednesday, September 15, 2010 at 8:30 pm EDT --
Senate Majority Leader Harry Reid (D-NV) has announced plans to bring the DREAM Act before the Senate prior to the Senate's adjournment for the 2010 mid-term elections. However, the political and procedural circumstances under which he plans to bring the measure before the Senate make for precarious situation that likely will require supporters of the DREAM Act to amass a supermajority of 60 votes on at least two -- but possibly on as many as three -- separate occasions.
The Majority Leader's announcement was made on Tuesday, September 14, following the weekly lunch meeting of the Senate Democratic Caucus. At that time, Reid unveiled plans to offer an amendment based on the text of S. 729, the DREAM Act, to S. 3455, the Department of Defense Authorization Act for Fiscal Year 2011, which he hopes to bring up in the Senate during the week of September 20.
The DREAM Act is one of the three iconic pro-immigrant measures that the pro-immigrant advocacy community has supported for years. The other two are the AgJOBS bill and comprehensive immigration reform.
The DREAM Act would permit states to afford undocumented aliens living within their jurisdictions with in-state tuition rates. It also would provide for legalization of undocumented aliens who came to the United States before age 16, have been in the United States for at least five years, have passed background checks, and who agree either to attend college or serve in the military for at least two years. It is strongly supported by the pro-immigrant advocacy community and strongly oppposed by the immigration restrictionist advocacy community, which calls it "amnesty."
Even if the DREAM Act was being brought to the Senate as a standalone measure, it would be difficult to amass the requisite 60-vote supermajority that would be needed to advance it. However, the task of doing so is even more complicated at this time because of two unrelated hot-button issues that are tied up in the Department of Defense Authorization bill. Some senators are threatening to filibuster the DOD bill because the Senate Armed Services Committee-approved measure contains a “Don’t Ask; Don’t Tell” provision that would repeal the ban on gays and lesbians serving in the United States armed services. Others oppose a provision in the defense measure, authored by Senator Roland Burris (D-IL), which would pave the way for performing abortions in domestic and international Department of Defense hospitals.
Under the scenario envisioned by the Senate Democratic Leadership—
- Cloture on the Motion to Proceed to Consideration of the Defense Authorization Bill. The first of several key votes on the effort could occur as soon as Tuesday, 21, 2010, on an effort to shut off debate (invoke cloture) on a motion to proceed to consideration of the Defense Authorization bill. If mounted, that effort will require the affirmative votes of 60 senators.
- Cloture on the DREAM Act Amendment. If proponents succeed in getting 60 votes to shut off debate on the motion to proceed to the consideration of the Defense Authorization Bill, the next key vote would come later in the week on an effort to shut down debate on the DREAM Act amendment itself. If a cloture vote on the DREAM Act is needed, the affirmative votes of at least 60 senators will be required to shut off debate on the amendment.
- Passage of the DREAM Act Amendment. If cloture is invoked on the DREAM Act Amendment, the final vote on that amendment would only require a simple majority of those senators who are present and voting. Such a vote could come anytime between the moment cloture is invoked and 30 hours after that moment.
- Final Passage of the Defense Authorization Bill. Even if the DREAM Act amendment, itself, is passed by the Senate, the underlying Department of Defense Authorization bill would STILL have to be passed in order for it to be sent to the House of Representatives for its consideration. And again, it could take as many as 60 affirmative votes in order to move the Defense Authorization Bill to final passage in the Senate.
If the Senate Democratic leadership follows through on its promise, it will be the second time that the DREAM Act will have come before the Senate since 2007. On October 24, 2007, Democrats attempted to move S. 2205, the DREAM Act, as a separate measure. They fell eight votes short of the 60 votes that they needed, failing to invoke cloture by a vote of 52-44. At that time, eight Democrats voted against invoking cloture on the measure, seven of whom are still in the Senate today (Baucus, Conrad, Dorgan, Landrieu, McCaskill, Pryor, and Tester). 12 Republicans voted in favor of invoking cloture back in 2007, of which seven are still in the Senate today (Bennett, Brownback, Collins, Hatch, Hutchison, Lugar, and Snowe). Four senators were absent from the vote, three of whom are sitting senators today (Boxer, Dodd, and McCain).
In order to prevail this time, the Democratic Leadership will have to do much better in terms of retaining Democratic support for the measure. Moreover, they will have to hold at least as many Republican votes as the last time, if not better the number from 2007. And they will have to win the lion's share of the 17 senators who sit in the Senate today but who were not yet senators in 2007 (Begich, Bennet, Brown, Burris, Franken, Gillibrand, Goodwin, Hagan, Johanns, Kaufman, Lemieux, Merkeley, Risch, shaheen, Udall, Udall, and Warner).
Click on the play button, above, to see a video excerpt from Senate Majority Leader Reid's press conference announcing his intention to move the DREAM Act as an amendment to the Department of Defense Authorization Act.
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Congress Returns for Month-Long
Pre-Election Session
Monday, September 13, 2010 -- 1:35 am EDT
Congress returns to Washington this week to begin its last legislative push prior to the much anticipated mid-term elections. The U.S. Senate returns on Monday, September 13, and the U.S. House of Representatives comes back on Tuesday, September 14.
Upon its return, Congress is scheduled to remain in session for four weeks, through Friday, October 8. However, some insiders are speculating that the House will move up its adjournment date by a week, adjourning at the end of September, instead of on October 8.
A number of immigration and refugee matters have yet to be resolved and could see action during the three-to-four week-long work period that has just begun:
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The DREAM Act. The Senate Democratic Leadership is expected to decide sometime in the next several days whether to bring S. 729, the DREAM Act (or provisions drawn from the DREAM Act), before the full Senate for a vote prior to adjourning for the mid-term elections. Should the Democratic Leadership decide to bring the measure before the Senate, it likely would come up under circumstances requiring 60 votes in order to prevail, a requirement that would necessitate proponents winning he votes of at least four-to-five Republicans. Most insiders believe the 60-vote obstacle is an insurmountable one this close to the mid-term elections.
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Undocumented Aliens and 9/11 First Responders. The House could take another shot at passing H.R. 847, the "James Zadroga 9/11 Health and Compensation Act," which the House of Representatives defeated on July 29, 2010. The measure would establish a program, run by the Department of Health and Human Services, to treat and monitor individuals who have medical problems resulting from the toxins released by the 9/11 attacks or the subsequent debris removal. The House defeated the bill on July 29 under a procedure that required the affirmative votes of two-thirds of those Members who are present and voting in order to pass it. While the bill garnered a majority of Members voting, it did not get the requisite two-thirds vote that was required. A number of Republicans voted against it, in part, because they were not allowed to offer amendments that would have barred undocumented aliens from benefiting from the measure. Insiders say that if the House takes up the measure during the next three-to-four weeks, it likely will do so under procedures that require only a simple majority for passage. There is no word at the time of this writing, however, whether the House Democratic Leadership anticipates subjecting the bill to amendment.
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Fiscal Year 2011 Immigration- and Refugee-Related Appropriations. It appears unlikely at the time of this writing that Congress will complete action on any of the 12 appropriations bills that fund the federal government's operations before the beginning of the new fiscal year. Consequently, Congress is expected sometime this month to enact a stop-gap funding measure to fund the federal government's operations for the period between October 1, when the fiscal year is set to begin, and sometime after the November mid-term elections, when Congress is expected to convene a post-election "lame duck" session. Included in the coming fiscal year 2011 stop-gap spending measure will be funding that normally is contained in four separate measures that each year fund the federal government's immigration-, border security-, and refugee-related functions.
In the meantime, immigration and refugee policymakers are watching to see how much progress, if any, will be made over the next three-to-four weeks on the four appropriations measures that fund the federal government's immigration-, border security-, and refugee-related functions. The Senate Committee on Appropriations has approved its versions of all four bills. However, the full House Committee on Appropriations has not acted on any of them.
The following summarizes the prospects for House committee action on the four measures between now and when Congress adjourns for the mid-term elections:
Homeland Security Appropriations. The full House Committee on Appopriations could complete action on the Fiscal Year 2011 Homeland Security Appropriations Act, which each year funds the federal government's border security, interior immigration enforcement, and immigration services adjudication functions. The Committee's Subcommittee on Homeland Security has already approved the measure. However, it is questionable whether the full Committee will ever take it up. Should the Committee take up the measure, numerous immigration enforcement-related amendments would likely be offered. The Senate Committee on Appropriations approved its version of the Fiscal Year 2011 Homeland Security Appropriations Bill on July 15, 2010.
State, Foreign Operations Appropriations. The full House Committee on Appropriations could complete its consideration of the Fiscal Year 2011 State, Foreign Operations, and Related Programs Appropriations Act, which each year funds the federal government's refugee admissions and overseas refugee assistance programs that are operated by the Department of State's Bureau of Population, Refugees, and Migration (PRM). The Committee's Subcommittee on State, Foreign Operations, and Related Programs has already approved the measure. However, it is questionable whether the full Committee will ever take it up. The Senate Committee on Appropriations approved its version of the Fiscal Year 2011 State, Foreign Operations Appropriations Bill on July 29, 2010.
Labor, HHS, Education Appropriations. The full House Committee on Appropriations could complete its consideration of the Fiscal Year 2011 Labor, Health and Human Services, Education, and Related Agencies Appropriations Act, which each year funds the federal government's Refugee and Entrant Assistance programs and functions that are administered by the Department of Health and Human Services Office of Refugee Resettlement (ORR). These programs and functions include resettlement assistance for refugees who are admitted to the United States; resettlement assistance to Iraqi and Afghan Special Immigrants and persons granted aslyum; assistance to trafficking and torture victims who live in the United States; and the care and placement of unaccompanied alien children while they are awaiting a resolution of their immigration status. The Committee's Subcommittee on Labor, Health and Human Services, Education, and Related Agencies has already approved the measure. However, it is questionable whether the full Committee will ever take it up. The Senate Committee on Appropriations approved its version of the Fiscal Year 2011 Labor, Health and Human Services, Education Appropriations Bill on July 29, 2010.
Commerce, Justice, Science Appropriations. The full House Committee on Appropriations could complete its consideration of the Fiscal Year 2011 Commerce, Justice, Science, and Related Agencies Approriations Act, which each year funds the operations of the Executive Office for Immigration Review (EOIR). The Committee's Subcommittee on Commerce, Justice, Science, and Related Agencies has already approved the measure. However, it is questionable whether the full Committee will ever take it up. The Senate Committee on Appropriations approved its version of the Fiscal Year 2011 Commerce, Justice, Science Appropriations Bill on July 22, 2010.
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Refugee Admissions Consultation. Secretary of State Hillary Rodham Clinton and Secretary of Health and Human Services Kathleen Sebelius will engage in formal consultation meetings in late September with the leadership of the House Committee on the Judiciary and the Senate Committee on the Judiciary relating to refugee admissions for fiscal year 2011.
The Department of State, Department of Homeland Security, and Department of Health and Human Services recently released to the House and Senate Committees on the Judiciary their Proposed Refugee Admissions for Fiscal Year 2011 Plan, which will be the subject of the consultation. At the time of this writing, the consultation meeting was anticipated for sometime around September 28, 2010. For the first time ever, both the Secretary of State and Secretary of Health and Human Services are expected to participate in the meeting.
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Presidential Determination on Refugee Admissions and Resettlement. On or around October 1, President Barack Obama is expected to issue a Presidential Determination on refugee admissions for fiscal year 2011, establishing the number and nature of refugee admissions for the coming fiscal year.
Check back with MicEvHill.Com throughout September and early October for the latest updates on these and other immigration- and refugee-related matters facing Congress as it winds down toward the mid-term elections.
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New Today!
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| New! MicEvHill.Com has posted its "Today on the Hill" page for today, reflecting the anticipated (lack of) immigration- and refugee-related legislative activity in Congress for Friday, October 1, 2010. -- Click Here to See the Most Recent Edition of "Today on the Hill" |
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| New Yesterday! |
| MicEvHill.Com's "Immigration and Refugee Legislative News Roundup" page has been updated to reflect important articles through the morning of Thursday, September 30, 2010. -- Click Here to See the Updated "Immigration and Refugee Legislative News Roundup |
MicEvHill.Com has posted a write-up summarizing the end-of-session immigration and refugee-related legislative activity that did and did not occur as Congress rushed to adjournment on Wednesday, September 29, 2010. -- Click Here to See the the Write-Up |
MicEvHill.Com has posted a write-up of and video of the House Immigration, Citizenship, Refugees, Border Security, and International Law hearing on immigration at which News Corp. Chairman Rupert Murdoch and New York City Mayor Michael Bloomberg testified. -- Click Here to See the the Write-Up and Video
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New This Week!
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| MicEvHill.Com has posted a video excerpt of comments on comprehensive immigration reform made by President Barack Obama during his Tuesday, September 28, 2010, backyard discussion with residents of Alburquerque, New Mexico. -- Click Here to See Video of the Prsident's Remarks |
MicEvHill.Com has posted a write-up of the immigration-related issues that could come up when the House takes up H.R. 847, a 9/11 first responders medical compensation bill thatthe House is scheduled to consider on Wednesday, September 29. -- Click Here to See the Write-Up of the Immigration Issue in H.R. 847 |
MicEvHill.Com has posted its "This Week on the Hill" page for this week, reflecting a detailed listing of the probable legislative action on immigration- and refugee-related matters during the week of September 27, 2010. -- Click Here to See "This Week on the Hill" for the Week of September 27, 2010 |
MicEvHill.Com has posted video of the immigration discussions that occurred during the Sunday, September 26, 2010, Sunday public affairs programs. -- Click Here to See Video Clips from the September 26, 2010, Sunday Public Affairs Programs |
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New Over the Weekend!
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| MicEvHill.Com has posted a video excerpt of political satirist Stephen Colbert's controversial September 24, 2010, testimony on AgJOBS before the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law. -- Click Here to See Video of Colbert's Testimony |
MicEvHill.Com has posted a link to the video of the entire September 24, 2010, House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law hearing on AgJOBS. -- Click Here to See Video of the Entire Hearing, Which is the Featured Immigration- or Refugee-Related Videos of the Day for Friday, September 24, 2010 |
MicEvHill.Com has posted a link to video of a September 24, 2010, appearance by House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law Ranking Republican Steve King (R-IA) on FOX News Channel's "America Live" program to comment on a subcommittee hearing that had been held earlier that day during which political satirist Stephen Colbert testified on AgJOBS legislation. -- Click Here to See Video of the Representative King's Appearance, Which is the Featured Immigration- or Refugee-Related Videos of the Day for Saturday, September 25, 2010 |
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| New Last Week! |
MicEvHill.Com has posted the text of a September 23, 2010, letter from Secretary of Homeland Security Janet Napolitano to Senator John McCain (R-AZ) responding to his criticisms of the Administration's border security policies and practices. -- Click Here to See a Copy of the Letter from Secretary Napolitano to Senator McCain
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In an interview that aired on Telemundo on Wednesday, September 22, 2010, President Obama discussed the failure of the Senate to move on the DREAM Act and discussed reasons why his Administration has not moved more aggressively on immigration. -- Click Here to See a Video Excerpt of the President's Interview, Which is One of the Featured Immigration- or Refugee-Related Videos of the Day for Wednesday, September 22, 2010 |
MicEvHill.Com has posted a link to the final version of the 2010 House GOP "A Pledge to America" campaign platform document that they released on Thursday, September 23, 2010. The document includes several border security, visa security, and immigration control items. -- Click Here to See the Final Version of the Document |
MicEvHill.Com has posted video of Senate floor remarks made on September 21, 2010, by Assistant Senate Majority Leader Richard Durbin (D-IL) and Senate Majority Leader Harry Reid (D-NV) on the DREAM Act amendment to the Fiscal Year 2011 Department of Defense Authorization Bill. The two Leaders' comments were made immediately after the Senate failed to invoke cloture on the motion to proceed to the consideration of the measure. -- Click Here to See Video of the Colloquy, Which is One of the Featured Immigration- or Refugee-Related Videos of the Day for Tuesday, September 21, 2010 |
MicEvHill.Com has posted a video excerpt of a September 20, 2010, colloquy on the Senate floor between Senate Armed Services Committee Ranking Republican John McCain (R-AZ) and Senator Lindsey Graham (R-SC) on the DREAM Act amendment to the Fiscal Year 2011 Department of Defense Authorization Bill. -- Click Here to See Video of the Colloquy, Which is the Featured Immigration- or Refugee-Related Videos of the Day for Monday, September 20, 2010 |
MicEvHill.Com has posted a video excerpt of former Secretary of State Colin Powell's September 19, 2010, appearance on NBC's "Meet the Press" program, during which he endorsed the DREAM Act and criticized fellow-Republicans who take anti-immigrant positions and use anti-immigrant rhetoric. -- Click Here to See Video of Secretary Powell's Remarks, Which is One of the Featured Immigration- or Refugee-Related Videos of the Day for Sunday, September 20, 2010 |
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| New This Month! |
| MicEvHill.Com has posted video of President Barack Obama's September 15, 2010, remarks on immigration before the 33rd Annual Congressional Hispanic Caucus Institute Awards Gala. -- Click Here to See Video of the President's Remarks, Which is One of the Featured Immigration- or Refugee-Related Videos of the Day for Thursday, September 16, 2010 |
MicEvHill.Com has posted video of an extended September 16, 2010, colloquy on the Senate floor between Senate Majority Leader Harry Reid (D-NV) and Senate Armed Services Committee Ranking Republican John McCain (R-AZ) on the DREAM Act amendment to the Fiscal Year 2011 Department of Defense Authorization Bill. -- Click Here to See Video of the Colloquy, Which is One of the Featured Immigration- or Refugee-Related Videos of the Day for Friday, September 17, 2010 |
MicEvHill.Com has posted video of an extended September 16, 2010, floor statement by Assistant Senate Majority Leader Dick Durbin (D-IL) in support of the DREAM Act amendment to the Fiscal Year 2011 Department of Defense Authorization Bill. -- Click Here to See Video of the Statement, Which is One of the Featured Immigration- or Refugee-Related Videos of the Day for Friday, September 17, 2010 |
MicEvHill.Com has posted video of an extended September 16, 2010, floor statement by Senate Judiciary Committee Ranking Republican Jeff Sessions (R-AL) in opposition to the DREAM Act amendment to the Fiscal Year 2011 Department of Defense Authorization Bill. -- Click Here to See Video of the Statement, Which is One of the Featured Immigration- or Refugee-Related Videos of the Day for Friday, September 17, 2010 |
MicEvHill.Com has posted a link to a transcript of President Obama's September 15, 2010, remarks before the 33rd Annual Congressional Hispanic Caucus Awards Gala -- Click Here to See the Text of the Remarks |
MicEvHill.Com has posted an analysis of the Congressional Hispanic Caucus's apparent reversal of course and decision to support bginging the DREAM Act up for a vote in the Senate. -- Click Here to See the Analysis, Along with a Link to video of Senator Bob Menendez Discussing the DREAM Act and Comprehensive Immigration Reform |
MicEvHill.Com has posted video of Senator David Vitter's September 15, 2010, floor speech pledging to oppose the DREAM Act and describing an amendment he plans to offer to the measure when it comes before the full Senate. -- Click Here to See Video of Senator Vitter's Floor Speech on the DREAM Act |
MicEvHill.Com has posted a summary of and video of the September 15, 2010, House floor debate on H.R. 4862, a House-passed measure that would enable Members of Congress and senators to administer the naturalization oath. -- Click Here to See the Summary and a Link to Video of the Debate |
MicEvHill.Com has posted video excerpts from Senate Majority Leader Harry Reid's September 14, 2010, press conference announcing his intention to offer the DREAM Act as an amendment to the Defense Department Authorization Bill. -- Click Here to See Video Excerpts from Majority Leader Reid's Press Conference, Which is One of the Immigration- or Refugee-Related Videos of the Day for Wednesday, September 15, 2010 |
MicEvHill.Com has posted video excerpts from Secretary of Homeland Security Janet Napolitano's September 13, 2010, appearance before the Congressional Hispanic Caucus Institute. -- Click Here to See Video Excerpts of Secretary Napolitano's Comments, Which is One of the Immigration- or Refugee-Related Videos of the Day for Tuesday, September 14, 2010 |
MicEvHill.Com has posted a video excerpt from a September 13, 2010, appearance by President Obama in Fairfax, Virginia, during which he listed immigration as an issue he hopes to work with Republicans on in during the 112th Congress. -- Click Here to See the Video Excerpt from President Obama, Which is the Featured Immigration- or Refugee-Related Videos of the Day for Monday, September 13, 2010 |
MicEvHill.Com has posted its "This Week on the Hill" page for the week, reflecting a detailed listing of the possible legislative action on immigration- and refugee-related matters during the week of September 13, 2010. -- Click Here to See "This Week on the Hill" for the Week of September 13, 2010 |
MicEvHill.Com has posted a preview of the likely immigration- and refugee-related legislative agenda facing Congress during the three-to-four weeks of session leading up to the 2010 mid-term elections. -- Click Here to See a Preview of the Immigration and Refugee Legislative Agenda for the Coming Weeks |
MicEvHill.Com has posted the text of the Proposed Refugee Admissions for Fiscal Year 2011 plan prepared by the Department of State, Department of Homeland Security, and Department of Health and Human Services. -- Click Here to See the "Proposed Refugee Admissions for Fiscal Year 2011" Plan |
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