FAIR Legislative Update 27 May 2008

Stealth Attempt at Amnesty Fails in Senate

Attempts by amnesty proponents to sneak four immigration amendments into the Iraq War Funding bill failed last week. The drama began over a week ago when Senators Dianne Feinstein (D-CA) and Larry Craig (R-ID) successfully amended the funding bill in the Senate Appropriations Committee to include a version of the AgJOBS legislation, which provided 5-year amnesty visas for 1.35 million agricultural workers and their families. Minutes later, Senator Barbara Mikulski (D-MD) offered another immigration amendment that would have reinstated the returning worker exemption to the H-2B (non-agricultural) guest worker program, which expired last year. After both amendments were adopted, two more Senators offered immigration amendments to the War Funding Bill. Senator Patty Murray (D-WA) offered an amendment to increase the number of employment-based green cards available for multinational executives and "high-tech" workers by "recapturing" approximately 218,000 unused visas from as far back as 1994. Finally, Senator Patrick Leahy (D-VT) offered an amendment to continue a program that makes it easier for wealthy investors to obtain green cards by extending the Regional Center Pilot (EB-5) program for 5 more years. The Murray and Leahy amendments also passed. (Listen to the Senate Markup of Fiscal Year 2008 War Supplemental)

With current funding for the war effort set to expire on June 15th, Democratic Leadership sought ways to eliminate controversy from the bill. In addition to the immigration amendments, Senate Appropriators had added $1 billion worth of spending to a bill that was already $9 billion over the President's request. (Roll Call, May 20, 2008).

Tuesday night, Democratic leadership agreed to remove three of the four immigration amendments from the Iraq War Funding Bill. The move came when Senator Robert Menendez (D-NJ) made a point of order under Senate rules, which prohibit legislating on an appropriations bill. This parliamentary move effectively removed the Feinstein AgJOBS Amendment, the Murray Amendment, and the Leahy Amendment. Menendez indicated that he opposed these provisions because they did not go far enough. He said, "The provisions did everything for business and nothing for hardworking families. The sooner the business community understands that it must join us in promoting relief for families as well as business, the sooner we will succeed in beginning to reform our broken immigration system." (AZ Central, U.S. to Ease Visa Restrictions for Seasonal Jobs, May 21, 2008)

By Thursday, the only immigration measure left in the bill was the Mikulski H-2B amendment. Senator Mikulski's amendment attempted to reinstate the returning worker exemption to the H-2B (non-agricultural) guest worker program, which expired last year. Under the exemption, an alien who worked in the U.S. during the past three years under the H-2B program, may return to the U.S. to work without counting towards the 66,000 cap.

However, as the bill was debated on the floor, Democratic Leadership decided to remove this too. On Thursday afternoon Senator Bernard Sanders (I-VT) took to the Senate floor to object to this measure under the same rule prohibiting legislating on appropriations bills, and removed the Mikulski amendment from the bill. The Senate subsequently passed the funding bill, minus the immigration provisions, by a wide margin. (Senate Roll Call 00139)

To read more about the four immigration amendments at the heart of last week's controversy, click here.

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House Panel Criticizes ICE Workplace Raids

On Tuesday, the House Workforce Protections Subcommittee of the House Education and Labor Committee held a hearing on immigration raids and their effect on the children of illegal aliens arrested in the raids. Chairwoman Lynn Woolsey (D-CA) was critical of Immigration and Custom Enforcement's (ICE) tactics, describing the effect that workplace enforcement raids had on several children on her district. She also charged that when ICE raided a meat processing plant in Iowa on May 12th, they interrupted a state investigation of child labor violations. (Statement of Hon. Lynn Woolsey, Subcommittee Hearing On "ICE Workplace Raids: The Impact on U.S. Citizen Children, Families, and Communities," May 20, 2008)

The panel included three witnesses who were also critical of ICE's procedures, including, Kathryn Gibney, Principal of San Pedro Elementary School; Simon Romo, Chief Counsel of New Mexico Child Protective Services; and Janet Murguia, President of the National Council of La Raza. Murguia testified that her organization's studies on ICE raids revealed, "…evidence of increased economic hardship, social stigma, fear, isolation, family separation, disruptions in schooling and negative emotional and mental health consequences for children." (Statement of Janet Murguia, President, National Council of La Raza, Before the House Education and Labor Subcommittee on Workplace Protections, May 20, 2008)

Congressman Buck McKeon (R-CA) responded to Ms. Murguria's testimony by arguing the parents of these children bear the bulk of responsibility, "A person who entered the country illegally or overstays their visa - they are the ones who are really putting those children in jeopardy by their own actions, and they should take those children into account," (San Francisco Chronicle, Immigration Raids Terrify Kids, House is Told, May 21, 2008)

James Spero, Acting Deputy Assistant Director Office of Investigations, defended ICE's actions at the hearing. He told the committee that when it is operationally possible, ICE coordinates with state and local social service agencies to assist with humanitarian needs. He also explained the difficulties in proactively working with social service agencies, while protecting the integrity of the investigation. Spero testified, "ICE takes extraordinary efforts to ensure that its law enforcement operations are conducted in a safe, humane, and professional manner, including extensive preoperational planning and coordination. Worksite enforcement operations are not poorly planned, haphazard incidents, but rather are professional law enforcement operations conducted by a professional law enforcement agency whose primary mission is the enforcement of the laws of the United States and the protection of the American people." (Statement of James Spero, Before the House Education and Labor Subcommittee on Workplace Protections, May 20, 2008)

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Immigration Subcommittee Uses Military Families to Promote Amnesty

On Tuesday, the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law heard testimony on the immigration needs of the American military. Chairwoman Zoe Lofgren (D-CA) used the occasion to promote H.R. 6020, a bill she introduced that would grant amnesty and expedited citizenship for aliens serving in the U.S. military and their families.

Section 4 of her bill waives several inadmissibility standards for aliens who served or are serving honorably in the military. The waiver also extends to their families, including parents and siblings. This means that an illegal alien, with an alien family member in the military would be eligible for lawful permanent resident status. The categories of admissibility waived include the likelihood of becoming a public charge, entering the U.S. illegally for employment, entering the U.S. without permission, and presence in the U.S. without proper documentation. (H.R. 6020, Sec. 4(c)) The bill also gives immigration judges discretionary authority to waive certain statutory grounds for deporting aliens, including the commission of crimes. (Sec. 5) Rep. Lofgren stated in a press release, "The brave men and women serving in our armed forces have enough to think about without having to worry about the deportation of loved ones." (Press Release, Rep. Lofgren Introduces Bill to Help Military Families, May 20, 2008)

Subcommittee Ranking Member Steve King (R-IA) took exception to the amnesty provisions of the bill, and noted that the U.S. Code already provides for expedited citizenship for non-citizens who serve honorably in the U.S. military. He argued that such a measure would provide a perverse incentive for certain aliens to join the military. He also explained how the bill would make even those guilty of egregious crimes eligible for citizenship.

Mark C. Seavey, Assistant Director, National Legislative Commission of the American Legion testified, "The American Legion opposes any bills with provisions to waive certain grounds of inadmissibility for citizenship for both permanent residents who served honorably in the nation's Armed Forces and their family members. This would seem to reward law breakers and - possibly - illegal immigrants with a short cut to citizenship that is nothing less than an official pardon for illegal acts: an amnesty. Alien service members' relatives who have entered our country illegally or overstayed a visa or who may be fugitives from justice deserve no special "adjustment" to their alien status." (Statement of Mark C. Seavey, Assistant Director, National Legislative Commission of the American Legion before the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law, May 20, 2008)

To watch the House Immigration Subcommittee hearing in full, click here.

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Bush Administration Proposes an Increase in "Temporary" Workers

On May 22nd, the Department of Labor (DOL) proposed new rules for the H-2B unskilled guest worker program. In a press release, the DOL claims these rules would streamline the process for employers to certify and acquire "temporary" and seasonal H-2B guest workers by implementing technical changes for employer filing and worker protection. The DOL argues the change will give the department, "additional tools to protect workers and remove duplicative bureaucracy." (Press Release, U.S. Department of Labor, May 26, 2008)

The DOL, however, while insisting that the H-2B program is meant to provide U.S. employers with "temporary work," failed to mention one of the most important changes in the rule: redefining the term "temporary" work from its current definition (10 months or less) to "less than three years." (Federal Register / Volume 73 No. 100, P. 29952) This measure drastically expands the H-2B program and will significantly expand the number of H-2B workers who may enter the U.S.

The move by the Bush Administration to revise the H-2B regulations coincidentally occurred on the very same day that the Mikulski H-2B amendment was pulled from the Iraq War Funding Bill. The Mikulski amendment would have dramatically expanded the H-2B guest worker program by allowing aliens who had worked under the program within the previous three years to reenter as guest workers without counting toward the 66,000 cap. Other legislation similar to the Mikulski amendment has gone nowhere in this Congress, and apparently the Bush Administration appears to be looking for ways to circumvent the legislative process.

To read more about the Mikulski H-2B amendment and other immigration amendments which were pulled from the Iraq War Funding Bill, click here.

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Recent Floor Statements

• Rep.Bobby Scott (D-VA) commented on Extending Program Relating To Waiver Of Foreign Country Residence Requirement With Respect To International Medical Graduates (May 19, 2008)
• Rep.Bobby Scott (D-VA) commented on Making Technical Corrections To Provision Granting Special Immigrant Status For Certain Iraqis (May 19, 2008)
• Rep. Ted Poe (R-TX) commented on The Justice System Should Free Border Agents Ignacio Ramos And Jose Compean (May 19, 2008)
• Sen. Jeff Sessions (R-AL) commented on Immigration (May 19, 2008)

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