MicEvHill.Com - The Week Ahead

The Possible Return of the Child Tax Credit Immigration Provisions and Hearings on Racial Profiling, the E-Verify Program, and the Deployment of the National Guard on the U.S. Border Highlight the Coming Week's Immigration- and Refugee-Related Legislative Agenda

By Micheal E. Hill
Friday, April 13, 2012 -- 4:45 pm EDT

--Updated on Friday, April 20, 2012 at 9:20 pm EDT--

Congress is set to return on Monday from a two week-long recess. When it reconvenes, it will remain in session for two weeks before beginning yet another recess.

Three hearings and the possibility of as many as six markups highlight what could be a crowded immigration-related legislative agenda during the coming week, including the possibility that a House committee could revive a proposal that would make it more difficult for some immigrant families to make use of the child tax credit.

The coming week's scheduled hearings include one on racial profiling in the United States, another on the deployment of National Guard assets on the U.S. border, and a third on document fraud and the E-Verify system. The immigration- or refugee-related markups that either are scheduled or that are anticipated in the coming week involve legislation implementing the House-approved Fiscal Year 2013 Budget Resolution and the possible mark up in both the Senate and the House of the fiscal year 2013 bill that funds the Executive Office for Immigration Review.

The House Committee on Ways and Means, House Committee on Agriculture, House Committee on Financial Services, and the House Committee on the Judiciary all could markup their budget reconciliation measures during the coming week. Although it was uncertain at the time of this writing, it is possible that the House Committee on Ways and Means bill, in particular, could include a provision, found in Section 5201 of the House-passed version of H.R. 3630, requiring that at least one parent have a Social Security Number to qualify for either the refundable (Child Tax Credit) or nonrefundable (Additional Child Tax Credit) version of the child tax credit, even if the children who are the subject of the credit are U.S. citizens. The possibility that the House Judiciary Committee, House Financial Services Committee, or House Agriculture Committee bills will contain significant immigration-related provisions was seen as less likely, however, at the time of this writing. It is always possible, of course, that Members could offer immigration-related amendments during those Committee markup sessions. And both the House Appropriations Subcommittee on Commerce, Justice, Science an Related Agenies an its counterpart in the Senate are at least tentatively scheduled during the coming week to markup their fiscal year 2013 appropriations bills. Provisions respecting the Executive Office for Immigration Review are certain to be in the measures. But the measures also could become targets for amendments relating to litigation over Arizona's SB 1070 or the Alabama immigration enforement law.

Finally, as the week wears on, much of official and unofficial Washington will begin to turn their attention to the impending April 25, 2012, oral arguments in the Supreme Court of the United States in the case of Arizona v. United States, respecting the constitutionality of Arizona's SB 1070 immigration enforcement law.

On-the-Hill Activity
The following lists the highlights of this week's possible immigration- or refugee-related legislative-related action:

Senate Judiciary Subcommittee Hearing on the Racial Profling in the United States. The Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights has scheduled a hearing for the coming week to examine racial profiling in the United States. At the time of this writing, the witness list for the hearing had not yet been announced.

House Homeland Security Panel Hearing on Deployment of the National Guard Along the US. Border with Mexico. The House Homeland Security Subcommittee on Border and Maritime Security has scheduled a hearing for the coming week titled, "Boots on the Ground or Eyes in the Sky: How Best to Utilize the National Guard to Achieve Operational Control." Witnesses will include Assistant Defense Secretary for Homeland Defense and Americas' Security Affairs Paul Stockton; Ronald Vitiello, Deputy Chief of the U.S. Border Patrol, Customs and Border Protection; Martin Vaughan, Executive Director of the Southwest Region, U.S. Customs and Border Protection; Maj. Gen. John Nichols, Adjutant General of the Texas National Guard; and Brian Lepore, Director of Defense Capabilities and Management at the Government Accountability Office.

House Judiciary Subcommittee Hearing on Fraud and the E-Verify Program. The House Judiciary Subcommittee on Immigration Policy and Enforcement has scheduled a hearing for the coming week focusing on the fraudulent use of Employment Authorization Documents (EADs) by persons who are not work-authorized and the ability of the E-Veriy system to detect them. The title of the hearing is, "Document Fraud in Employment Authorization: How an E-Verify Requirement Can Help." At the time of this writing, the witness list for the hearing had not yet been announced.

House Ways and Means Committee to Mark Up FY '13 Budget Reconciliation Measure. While no Committee action had yet been officially scheduled at the time of this writing, it is anticipated that the House Committee on Ways and Means will move during the coming week to mark up legislation that would make substantial cuts in spending for entitlement programs under its jurisdiction. More specifically, the Committee has been charged with making $1.2 BILLION in entitlement spending cuts for programs under its jurisdiction through fiscal year 2013 and $53 BILLION in cuts through fiscal year 2022. The plan is for the legislation that the Committee produces to be packaged together by the House Committee on the Budget into a Fiscal Year 2013 Budget Reconciliation bill. It was unclear at the time of this writing whether the bill that the Chairman will put before the Committee will include any changes to the eligibility of noncitizens for any tax or entitlement programs under the Committee's jurisdiction. However, it is believed that the measure could include a provision, found in Section 5201 of the House-passed version of H.R. 3630, requiring that at least one parent have a Social Security Number to qualify for either the refundable (Child Tax Credit) or nonrefundable (Additional Child Tax Credit) version of the child tax credit, even if the children who are the subject of the credit are U.S. citizens.

House Financial Services Committee to Mark Up FY '13 Budget Reconciliation Measure: The House Committee on Financial Services has scheduled a markup for the coming week of legislation that would make substantial cuts in spending for entitlement programs under its jurisdiction. More specifically, the Committee has been charged with making $3 BILLION in entitlement spending cuts for programs under its jurisdiction through fiscal year 2013 and $29.8 BILLION in cuts through fiscal year 2022. The plan is for the legislation that the Committee produces to be packaged together by the House Committee on the Budget into a Fiscal Year 2013 Budget Reconciliation bill. The Committee indicates that it's bill will make changes to eligibility for Section 8 housing programs. However, it was unclear at the time of this writing whether the bill that the Chairman will put before the Committee will include any changes to the eligibility of noncitizens for the programs.

House Agriculture Committee to Mark Up FY '13 Budget Reconciliation Measure. The House Committee on Agriculture will move during he coming week to mark up legislation that would make substantial cuts in spending for entitlement programs under its jurisdiction. More specifically, the Committee has been charged with making $8.2 BILLION in entitlement spending cuts for programs under its jurisdiction through fiscal year 2013 and $33.2 BILLION in cuts through fiscal year 2022. The plan is for the legislation that the Committee produces to be packaged together by the House Committee on the Budget into a Fiscal Year 2013 Budget Reconciliation bill. One of the principle targets for the Committee's contribution to the Fiscal Year 2013 Budget Reconciliation bill's spending cuts is expected to be the Food Stamp program (now referred to as the Supplemental Nutrition Assistance Program or SNAP). It was unclear at the time of this writing whether the bill that the Chairman will put before the Committee will include any changes to the eligibility of noncitizens for the Food Stamp program or any changes to noncitizens' eligibility for any other entitlement program under the Committee's jurisdiction.

House Judiciary Committee to Mark Up FY '13 Budget Reconciliation Measure. The House Committee on the Judiciary will move during the coming week to mark up legislation that would make substantial cuts in mandatory spending under its jurisdiction. More specifically, the Committee has been charged with cutting $200 MILLION in mandatory spending under its jurisdiction through fiscal year 2013 and cutting $39.7 BILLION in mandatory spending through fiscal year 2022. The plan is for the legislation that the Committee produces to be packaged together by the House Committee on the Budget into a Fiscal Year 2013 Budget Reconciliation bill. It was unclear at the time of this writing whether the bill that the Chairman will put before the Committee will impact immigrants, asylees, or refugees.

House Appropriations Subcommittee Mark Up FY '13 Commerce, Justice, Science Appropriations Bill: While no Committee action had yet been officially scheduled at the time of this writing, it is anticipated that the House Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies could move as soon as the coming week to mark up its version of the Fiscal Year 2013 Commerce, Justice, Science, and Related Agencies Appropriations Bill. Each year, the Commerce, Justice, Science, and Related Agencies Appropriations Act funds the federal government's immigration court system, including the Executive Office for Immigration Review. Should the Subcommittee markup occur, the bill will likely contain a number of immigration-related provisions.

Senate Appropriations Subcommittee Mark Up FY '13 Commerce, Justice, Science Appropriations Bill: The Senate Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies has scheduled a markup for the coming week of its version of the Fiscal Year 2013 Commerce, Justice, Science, and Related Agencies Appropriations Bill. Each year, the Commerce, Justice, Science, and Related Agencies Appropriations Act funds the federal government's immigration court system, including the Executive Office for Immigration Review. Should the Subcommittee markup occur, the bill will likely contain a number of immigration-related provisions.