The House of Representatives took up 20 immigration- or border security-related amendments, agreeing to 13 of them, as it considered and passed its version of the fiscal year 2013 bill that funds the operations of the Department of Homeland Security.  House action on the amendments occurred over the course of two days in connection with H.R. 5855, the House version of the Fiscal year 2013 Homeland Security Appropriations Act.  The House began its consideration of the measure on Wednesday, June 6, 2012, and it completed action on the measure one day later, on Thursday, June 7.  In the end, the House passed the bill by a vote of vote of 234-182, with most Republicans voting in favor of it and most Democrats votings against it.

A number of the immigration- and border security-related amendments that the House agreed to are highly controversial, and pro-immigrant advocates are hoping they will be dropped in any conference with the Senate on the bill.  These include an amendment offered by Representative Steve King (R-IA) that would prohibit the use of prosecutorial discretion for aliens in immigation proceedings; an amendment offered by Representative Sam Graves (R-MO) that would prohibit the use of funds in the bill to enforce a proposed rule providing for a provisional unlawful presence waiver to an alien who is an immediate family member of a United States citizen and who is unlawfully in the United States; an amendment offered by Representative Diane Black (R-TN) to bar the use of funds for the Immigration and Customs Enforcement's Public Advocate position; an amendment offered by Representative Lou Barletta (R-PA) that would bar funding under the bill for sanctuary cities; an amendment offered by Representative Chip Cravaack (R-MN) to bar the use of funds for alternatives to detention for aliens who have committed crimes specified in Section 236(c) of the Immigration and Nationality Act; an amendment offered by Representative Steve King prohibiting the use of funds to enforce a Clinton-era Limited English Proficiency Executive Order; and an amendment offered by Representative John Sullivan (R-OK) that would bar the use of funds in the bill to terminate standing 287(g) agreements.

Of the 13 immigration- and border security-related amendments that the House agreed to, it agreed to eight by a voice vote and five by recorded votes.  All but one of the amendments that were agreed to by a recorded vote were agreed to by near party-line votes.

As passed by the House, H.R. 5855 would appropriate approximately $39.1 BILLION in discretionary spending for the Department of Homeland Security in fiscal year 2013, which would represent a cut of $393.5 MILLION, or 1 percent, below the amount requested and a cut of $483.755 MILLION, or 1.2 percent, relative to FY ‘12.  It would provide for a slight increase in funding for border security and a slight decrease for interior immigration enforcement, relative to fiscal year 2012.  However, it would appropriate the same amount in fiscal year 2013 for immigration services as Congress appropriated in fiscal year 2012.

Among the measure’s notable immigration services-related funding cuts is its rejection of the Obama Administration’s request for direct appropriations for immigrant integration program grants, as well as its rejection of the Administration’s request for direct appropriations for the SAVE program.  It would provide a funding stream for immigrant integration grant program; it does this by authorizing the Secretary of Homeland Security to use up to 9.2 MILLION in Immigration Examinations Fee Account funding for such a program, provided that none of the funds are used to provide services to an alien who has not been admitted for lawful permanent residence.

From an enforcement perspective, while the House-passed version of H.R. 5855 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; continuing funding for the Secure Communities Program; increasing funding for alternatives to detention, although not by as much as the Administration requested; and setting a floor for workplace enforcement funding.

Even before the House began considering amendments to H.R. 5855, the White House had expressed its opposition to it and threatened to veto it.  The veto threat, reflected in a June 6, 2012, White House Statement of Administration Policy, listed a number of grounds on which the President's senior staff would recommend the President veto the measure, including at least nine immigration-related grounds: the increase in the minimum number of detention beds that is found in the bill; the increase in funding for the 287(g) program found in the bill; a floor on spending for worksite enforcement that is found in the bill; the failure of the bill to fund the Administration's request for alternatives to detention programs; the failure of the bill to honor the Administration's request that the US-VISIT program be transferred to the Department of Homeland Security's Customs and Border Protection (CBP) unit; the inclusion of three sections in the bill prohibiting the use of Department of Homeland Security funds for abortion except in the case of rape, incest, or the health of the mother, as well as providing conscience protections for DHS employees who do not wish to facilitate abortions for immigration detainees; and provisions circumscribing the Administration's authority with respect to detainees being held on Guantanamo Bay, Cuba.


Immigration- and Border Security-Related Floor Amendments Agreed to by the House
The following immigration- or border security-related amendments to H.R. 5855 were agreed to by the full House of Representatives during its consideration of the measure:

• FLAKE INCREASED FUNDING FOR CBP AMENDMENT.  Representative Jeff Flake (R-AZ) offered an amendment H.R. 5855 to increase funding for the Department of Homeland Security's Customs and Border Protection (CBP) component by $50,000 to complete a workforce staffing model.  The amendment offset the proposed increase in spending by reducing spending for the Office of the Secretary of Homeland Security by 43,000.

The House agreed to the Flake Increased Funding for CBP Amendment by a voice vote.
 

• POE INCREASED FUNDING FOR CBP FOR CELL PHONE COMMUNICATION AMENDMENT.  Representative Ted Poe (R-TX) offered an amendment to H.R. 5855 to increase funding in the bill for the Department of Homeland Security's Border Security Fencing, Infrastructure, and Technology Account by $10 MILLION to enhance wireless communication technologies along the U.S. border with Mexico. The amendment offset the proposed increase in spending by reducing spending for the Office of Undersecretary of Management by $10 MILLION.

Speaking on behalf of the amendment were Representatives Poe and Jason Altmire (D-PA), who cosponsored the amendment with Representative Poe.  Speaking against it were House Appropriations Subcommittee on Homeland Security Chairman Robert Aderholt (R-AL) and Subcommittee Ranking Minority Member David Price (D-NC).

The House agreed to the Poe Increased Funding for Cell Phone Communication Amendment by a vote of 302-113.
 

• BISHOP REDUCED FUNDING FOR BORDER ENVIRONMENTAL MITIGATION AMENDMENT.  Representative Rob Bishop (R-UT) offered an amendment to H.R. 5855 to decrease funding for border environmental mitigation in the bill by $3 MILLION and add the funds to Customs and Border Protection Air and Marine operations.

Speaking on behalf of the amendment were Representative Bishop, Representative Cynthia Lummus (R-WY), and House Appropriations Subcommittee on Homeland Security Chairman Robert Aderholt (R-AL).  Speaking against it was Subcommittee Ranking Minority Member David Price (D-NC). 

The House agreed to the Bishop Reduced Funding for Border Environmental Mitigation Amendment by a vote of 230-186.
 

• ELLISON PROHIBITION ON RACIAL PROFILING AMENDMENT.  Representative Keith Ellison (D-MN) offered an amendment that would prohibit the use of funds in the bill to violate several specific civil rights and constitutional protections against racial profiling. 

• SANCHEZ INCREASED FUNDING FOR CHILD TRAFFICKING INVESTIGATIONS AMENDMENT.  Representative Loretta Sanchez (D-CA) offered an amendment H.R. 5855 that would have increased funding for Immigration and Customs Enforcement child trafficking and exploitation investigations by $40 MILLION.  The amendment would have offset the proposed increase in spending by reducing spending for ICE's Detention and Removal Operations account by $40 MILLION.

Speaking on behalf of the amendment were Representative Sanchez and House Appropriations Subcommittee on Homeland Security Ranking Minority Member David Price (D-NC).  Speaking against it was House Appropriations Subcommittee on Homeland Security Chairman Robert Aderholt (R-AL).   

The House rejected the Sanchez Increased Funding for Child Trafficking Investigations Amendment by a vote of 167-249.

Immigration- and Border Security-Related Floor Amendments That Were Withdrawn or Ruled Out of Order
The following immigration- or border security-related amendments to H.R. 5855 were ruled out of order upon being offered on the floor of the House of Representatives or were withdrawn by the sponsor prior to a vote:

• GRIJALVA INCREASED FUNDING FOR CBP INSPECTION OFFICERS AMENDMENT.  Raul Grijalva (D-AZ) has offered an amendment to H.R. 5855 that would increase funding in the bill for Customs and Border Protection (CBP) by $30 MILLION for port of entry inspection officers along the U.S. border with Mexico.  The amendment would offset the proposed increase in spending by reducing spending for the DHS's Customs and Border Protection Border Security, Fencing, and Technology by $30 MILLION.

House Appropriations Subcommittee on Homeland Security Chairman Robert Aderholt (R-AL) raised a point of order that the Grijalva Increased Funding for CBP Inspection Officers Amendment violated the House rules by increasing the net level of outlays in the bill.  The Chair sustained the point of order, and the amendment was not able to be considered.

• RYAN PROHIBITION OF VISAS TO BRAZILIANS AMENDMENT.    Representative Tim Ryan (D-OH)  offered an amendment that would have limited the use of funds for issuing visas to Brazilians until the president makes certifications regarding its extradition policy.
  

House Appropriations Subcommittee on Homeland Security Chairman Robert Aderholt (R-AL) raised a point of order that the Ryan Prohibition on Visas for Brazilians Amendment violated the House rules by conferring new duties on the Department.  The Chair sustained the point of order, and the amendment was not able to be considered.

 

Legislative History
The House Committee on Appropriations approved H.R. 5855 on Wednesday, May 16, 2012, approving it by a voice vote and ordering that it be reported to the full House of Representatives.  The Panel’s Subcommittee on Homeland Security approved its version of the measure on Wednesday, May 9, doing so by a voice vote. 


Summary of Immigration-Related Spending Items
As approved by the House Committee on Appropriations, the Fiscal Year 2013 Homeland Security Appropriations Bill contains the following spending items:

Within the amount that the Committee-reported version of H.R. 5855 directly appropriates for UCSIS, the following funds are earmarked for specific purposes:

 

The E-Verify Program.  The Committee-reported version of H.R. 5855 would appropriate $111.924 MILLION for the E-Verify Program.  This would represent an increase of $9.5 MILLION over the $102.424 MILLION appropriate for the E-Verify Program in fiscal year 2012 and is the precise amount that the Administration requested for the Program.

 

SAVE System.  The Committee-reported version of H.R. 5855 does not contain any directly appropriated funding for the Systematic Alien Verification for Entitlement (SAVE) system for fiscal year 2013.  The SAVE program did not receive any directly appropriated funding in fiscal year 2012, and the Administration requested $20.048 MILLION for the program in fiscal year 2013.
 

Immigrant Integration Grants.  The Committee-reported version of H.R. 5855 does not contain any directly appropriated funding for Immigrant Integration Grants. The Administration had requested a direct appropriation of $11 MILLION for Immigrant Integration Grants in fiscal year 2013.  In lieu of directly appropriated funds, Sec. 541 of the Committee-reported version of H.R. 5855 would makes $9.2 MILLION of funds deposited into the Immigration Examinations Fee Account available to USCIS in fiscal year 2013 for the purpose of providing an immigrant integration grants program, provided 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.
 

Refugee and Asylum Adjudications.  The Committee-reported version of H.R. 5855 does not contain any directly appropriated funding for refugee and asylum adjudications.  There were no direct appropriations for refugee and asylum adjudications in fiscal year 2012, and the Administration did not request any funds for that purpose in fiscal year 2013.
 

Within the amount directly appropriated for ICE salary and expenses, the following funds are earmarked for specific purposes:
 

Facilitation of 287(g) Agreements.  The Committee-reported version of H.R. 5855 would appropriate “not less than” $68.321 MILLION “to facilitate agreements consistent with section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)).”  This is the same amount that was appropriated for 287(g) agreements in fiscal year 2012 and $17 MILLION more than the $50 MILLION requested by the Administration for fiscal year 2012.   The inclusion of the $68.321 MILLION floor for 287(g) funding in bill language constitutes a significant departure from previous years.  The floor for 287(g) funding in FY ’12 was $5.4 MILLION.
 
Worksite Enforcement.  The Committee-reported version of H.R. 5855 would appropriate “not less than” $134.626 MILLION “for worksite enforcement investigations, audits, and activities.”  This is the first time that any version of the Department of Homeland Security Appropriations Act has set a funding floor for worksite enforcement activities.

Secure Communities Program.  The Committee-reported version of H.R. 5855 would appropriate $138.249 MILLION “for completion of Secure Communities deployment”.

Detention and Removal Operations.  The Committee-reported version of H.R. 5855 would appropriate “not less than” $2.750 BILLION “for detention and removal operations, including transportation of unaccompanied minor aliens.  This is $71 MILLION more than the Administration’s FY ‘13 request.

Identification and Removal of Criminal Aliens.  The Committee-reported version of H.R. 5855 would appropriate “not less than” $1.6 BILLION from the Detention and Removal function in order ‘to identify aliens convicted of crime who may be deportable, and to remove them from the Unite States once they are judged deportable.  This is the same amount that the Administration requested for this activity for fiscal year 2013.

Alternatives to Detention.  The Committee-reported version of H.R. 5855 would earmark $91.460 MILLION of detention and removal funding for alternatives to detention.  This would be an increase of $19 MILLION over the $72.4 MILLION that was appropriated for alternatives to detention in fiscal year 2012.  However, it is $20.14 MILLION less than the $111.6 MILLION that the Administration requested for alternatives to detention in FY ‘13.  The bill does not include flexibility language, requested by the Administration, to transfer funds between detention beds and Alternatives to Detention.
 
The Visa Security Program.  The Committee-reported version of H.R. 5855 would earmark $10.3 MILLION of detention and removal funding for the Visa Security Program.