Much of the Congressional Immigration and Refugee Legislative Agenda to be Left Unfinished as the First Session of the 111th Congress Winds to a Close
By Mcheal E. Hill
Monday, April 12, 2010 -- 12:01 am EDT
As Congress returns from a two week-long Easter recess and the 2010 mid-term elections loom just over the horizon, Congress' immigration and refugee legislative agenda has greatly narrowed. There are only about three-to-four weeks of legislative session left in the year. Most of that time will be occupied by the Senate's efforts to pass health care reform legislation and Congress' efforts to complete action on the remaining fiscal year 2010 appropriations bills.
When the first session of the 111th Congress adjourns in late December, it is expected to leave a significant amount of unfinished immigration- and refugee-related business. The following is a listing of a number of significant immigration- or refugee-related items that have advanced in either the House of Representatives or the Senate during the 111th Congress but that could well be left uncompleted once the first session of the 111th Congress adjourns. Items uncompleted upon the adjournment of the first session of the 111th Congress will still be alive and eligible for action during the second session of the Congress, which is expected to convene in January of 2010.
Items added to this listing since the previous edition of the Weekly Legislative Update and items on the listing which have substantially changed since the last Weekly Legislative Update was issued are marked with a double asterisk (**).
House
**One Senate-Passed Measure Awaits Consideration by the full House: One Senate-passed immigration-related measure is awaiting consideration by the full House of Representatives:
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Human Rights Enforcement Act. The Senate has passed S. 1472, the Human Rights Enforcement Act of 2009. As passed by the Senate, S. 1472 would direct the Attorney General of the United States to establish a section to enforce human rights laws within the Criminal Division of the Department of Justice (DOJ) which is authorized to identify individuals suspected of serious human rights offenses and to prosecute, denaturalize, or extradite such individuals; and,
as appropriate, consult with the Secretary of Homeland Security and the Secretary of State in making determinations regarding the prosecution, removal, denaturalization, extradition, or exclusion of naturalized citizens or aliens who are suspected of committing serious human rights offenses.
The measure would define "serious human rights offenses" to include genocide, torture, war crimes, Nazi persecution, or the use or recruitment of child soldiers. The measure, further, would amend the federal criminal code and the Immigration and Nationality Act to revise legal requirements relating to the crime of genocide.
**Five Committee-Approved Immigration-Related Measures Await Consideration by the Full House: The following measures containing significant immigration- or refugee-related provisions have been approved by various House committees and are awaiting consideration by the full House of Representatives:
- House Committee on Financial Services. The House Committee on Financial Services has approved one immigration- or refugee-related measure that still awaits floor consideration:
H.R. 3045, the "Section 8 Voucher Reform Act of 2009", after first approving an amendment aimed at ensuring that illegal immigrants not make use of such housing. The Committee reported the measure to the full House of Representatives on Wednesday, September 30, 2009.
- House Committee on the Judiciary. The House Committee on the Judiciary has approved three measures that await floor consideration:
H.R. 3290, the "September 11 Family Humanitarian Relief and Patriotism Act of 2009".
H.R. 42, the "Commission on Wartime Relocation and Internment of Latin Americans of Japanese Descent Act.
The House Judiciary Subcommittee on Immigration, Citizenship, Refugee, Border Security, and International Law approved H.R. 42 during a markup that occurred on July 23, 2009, and July 24, 2009. The full House Committee on the Judiciary approved the measure on Wednesday, October 14, 2009. At the time of this writing, the Committee had not yet formally reported the measure to the full House of Representatives.
H.R. 1425, the "Wartime Treatment Study Act".
The House Judiciary Subcommittee on Immigration, Citizenship, Refugee, Border Security, and International Law approved H.R. 1425 in a July 31, 2009, markup. The full House Committee on the Judiciary approved it on Wednesday, October 14, 2009. At the time of this writing, the Committee had not yet formally reported the measure to the full House of Representatives.
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House Committee on Homeland Security. The House Committee on Homeland Security has completed action on UH.R. 3239U, a bill to require the Secretary of Homeland Security, in consultation with the Secretary of State, to submit a report on the effects of the Merida Initiative on the border security of the United States.
The Committee approved the measure on Tuesday, November 17, 2009, by a voice vote, ordering that it be reported to the full House of Representatives.
**One Immigration- or Border Security-Related Measure Awaits Committee Consideration in House Committees: The following measure containing significant immigration-, refugee-, or border security-related provisions has been approved by subcommittees and are awaiting consideration in their full committees:
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House Committee on Homeland Security. The House Committee on Homeland Security has completed acton on one measure that awaits floor consideration:
H.R. 1726, the "Border Security Search Accountability Act of 2009", which would require the Secretary of Homeland Security to issue a rule with respect to border security searches of electronic devices; and
Senate
**Six House-Passed Immigration-Related Measures are Awaiting Consideration by the Full Senate: The following measures containing significant immigration- or refugee-related provisions have been passed by the House and are awaiting consideration in the Senate:
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Fiscal Year 2010 Appropriations for Refugee Resettlement and Unaccompanied Alien Children. The House of Representatives has passed H.R. 3293, the Fiscal Year 2010 Labor, Health and Human Services, Education, and Related Agencies Appropriations Bill (Labor, HHS Appropriations Bill), which funds the federal government's refugee resettlement, trafficking victims assistance, torture victim assistance, and unaccompanied alien child programs.
The House-passed version of H.R. 3293 would appropriate $432,000 less in ORR funding in fiscal year 2010 compared to the total fiscal year 2009 ORR appropriation. The House-passed measure would increase funding for ORR's resettlement activities by of $50.1 MILLION, or 10 percent, when compared to the amount appropriated for ORR's resettlement activities in fiscal year 2009.5
The Senate Committee on Appropriations reported the Senate Appropriations Committee-approved version of H.R. 3293 on August 4, 2009. It would appropriate more funding for refugee resettlement than would the House-passed bill. However, it would not fully fund the Administration's request for ORR.
At the time of this writing, it appears that the full Senate will not take up H.R. 3293 before the first session of the 111th Congress adjourns. Insead, it appears likely that the measure will be folded into a catch-all year-ending appropriations measure.
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Fiscal Year 2010 Appropriations for Refugee Admissions and Overseas Refugee Assistance. The House of Representatives has passed H.R. 3081, its version the Fiscal Year 2010 State, Foreign Operations, and Related Programs Appropriations Bill, which contains among its many provisions those that fund the federal government's refugee admissions and overseas refugee assistance programs.
Included in the House-passed measure are substantial increases in funding for Migration and Refugee Assistance (MRA) and International Disaster Assistance (IDA), relative to appropriations for those accounts during the regular fiscal year 2009 appropriations cycle. However, when supplemental fiscal year 2009 appropriations spending is taken into account, the House-passed measure would actually appropriate less in fiscal year 2010 for the MRA account than the total amount that was appropriated for that account in fiscal year 2009.
The Senate Committee on Appropriations has approved S. 1434, the Senate version of the Fiscal Year 2010 State, Foreign Operations, and Related Programs Appropriations Bill. It would provide substantially more for the MRA account than is contained in the House-passed version of the bill.
At the time of this writing, it appears that the full Senate will not take up H.R. 3081 before the first session of the 111th Congress adjourns. Insead, it appears likely that the measure will be folded into a catch-all year-ending appropriations measure.
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Torture Victims Assistance. The House of Representatives has passed H.R. 1511, the "Torture Victims Relief Reauthorization Act of 2009", which would fund programs to assist the victims of torture who are resettled in the United States. Following House passage of the measure, it was referred to the Senate Committee on Foreign Relations.
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Reforms to the Refugee Admissions Process. The House of Representatives has passed H.R. 2410, the Foreign Relations Authorization Act, Fiscal Years 2010 and 2011, which contains among its many provisions numerous ones that would make reforms to the United States refugee admissions process. Following House passage of the measure, it was referred to the Senate Committee on Foreign Relations. Senate Foreign Relations Committee Chairman John F. Kerry (D-MA) is working on a version of the bill of his own that he could introduce soon.
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Increased Penalties for Alien Smuggling. The House of Representatives has passed two measures that would increase penalties for alien smuggling:
H.R. 1029, the ‘‘Alien Smuggling and Terrorism Prevention Act of 2009’’'. It would increase penalties for alien smuggling and make other changes in law that the bill's proponents contend will help combat the crime of alien smuggling.
While there was no organized opposition to H.R. 1029 during House consideration of the measure, several pro-immigrant and pro-refugee advocacy organizations expressed concerns about the potential impact that the measure would have on good Samaritans and refugees. Those concerns were expressed behind the scenes in the House but are expected to be voiced more vociferously should the Senate take up the measure.
The measure has been referred to the Senate Committee on the Judiciary.
It was widely believed at the time that the House acted that the Senate Committee on Commerce, Science, and Transportation would address the issues that are included in H.R. 1029 when it took up S. 1194, the Coast Guard Authorization Act for Fiscal Years 2010 and 2011. The Committee marked up the measure on Wednesday, July 8, 2009, however, without including any immigration-related provisions. That measure now awaits Senate floor consideration, where the issues embodied in H.R. 1029 could come up.
H.R. 3619, the Coast Guard Authorization Act of 2010." Title XII of the measure is identical to the text of H.R. 1029, which the House of Representatives passed on March 31, 2009. The House of Representatives passed H.R. 3619 on Friday, October 24, 2009.
**Four Committee-Approved Immigration-Related Measures are Awaiting Consideration by the Full Senate: The following measures containing significant immigration- or refugee-related provisions have been approved by various committees and are awaiting consideration by the full Senate:
- Fiscal Year 2010 Appropriations for Refugee Resettlement and Unaccompanied Alien Children. The Senate Committee on Appropriations has approved its version of H.R. 3293, the Fiscal Year 2010 Labor, Health and Human Services, Education, and Related Agencies Appropriations Bill (Labor, HHS Appropriations Bill), which funds the federal government's refugee resettlement, trafficking victims assistance, torture victim assistance, and unaccompanied alien child programs.
The Senate Appropriations Committee-approved version of the measure would restore much of the cut in funding for the Department of Health and Human Services Office of Refugee Resettlement (ORR) contained in a measure passed last month by the full House of Representatives. However, the Senate Appropriations Committee-approved measure would still cut funding relative to the Administration’s request.
At the time of this writing, it appears that the full Senate will not take up H.R. 3293 before the first session of the 111th Congress adjourns. Insead, it appears likely that the measure will be folded into a catch-all year-ending appropriations measure.
- Fiscal Year 2010 Appropriations for Refugee Admissions and Overseas Refugee Assistance. The Senate Committee on Appropriations has approved S. 1434, the Senate version of the Fiscal Year 2010 State, Foreign Operations, and Related Programs Appropriations Bill,40 which contains among its many provisions those that fund the federal government's refugee admissions and overseas refugee assistance programs.
The Senate Appropriations Committee-approved version of the measure would appropriate substantially more for the Migration and Refugee Assistance account than is contained in the House-passed version of the bill.
At the time of this writing, it appears that the full Senate will not take up S. 1434 before the first session of the 111th Congress adjourns. Insead, it appears likely that the measure will be folded into a catch-all year-ending appropriations measure.
- Eased Visa Requirements for Victims of Domestic Violence. The Senate Committee on the Judiciary has approved S. 327, the “Improving Assistance to Domestic and Sexual Violence Victims Act of 2009”, which contains four provisions that would amend the Immigration and Nationality Act, the Trafficking Victims Protection Act of 2000, and the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to expand protections for aliens who are victims of domestic violence and sex trafficking.
S. 327 has been hotlined. Reports indicate that it has been cleared by the Senate Democratic cloakroom. However, those reports indicate that it has not yet been cleared by the Senate Republican cloakroom. It is anticipated that once the bill has been cleared by both the Democratic and Republican cloakrooms, the Senate will take it up by unanimous consent.
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Revision of the REAL ID Act's Driver's License Provisions. The Senate Committee on Homeland Security and Governmental Affairs has approved S. 1261, the "Providing for Additional Security in States' Identification Act of 2009", or PASS ID Act, which would retain many of the alienage-related mandates that are found in the REAL ID Act.
Under S. 1261, states would still be required to deny driver's licenses and state-issued identification cards to aliens who are in the United States illegally, they would still be required to obtain identification to verify an applicant's immigration status, and they still would be required to limit the period during which a driver's license or state-issued identification card is valid so that the period of its validity matches the period that an alien is authorized to be in the United States.
S. 1261 would make a number of changes to the alienage-based restrictions on states' issuance of driver's licenses and identification cards. Some would ease those restrictions. Others would make them more rigorous.
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