This Week on the Hill

Week of February 4, 2019

Tuesday, February 5, 2019
(Last Updated: February 5,  2019 at 6:30 am EST)
ThisWeekInImmigration.Com's "This Week on the Hill" page lists the immigration-, human trafficking-, and refugee-related hearings, markups, and floor actions that either have been officially scheduled or that are anticipated to occur during the current week.
  • U.S. House of Representatives
  • U.S. Senate
  • Bicameral
  • Non-Governmental
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This Week's Hearings
At the time of this writing, two hearings that are likely to examine significant immigration-, refugee-, or human trafficking-related matters are scheduled for this week in the House.

Thursday, February 7, 2019
  • House Energy and Commerce Subcommittee on Oversight and Investigations Oversight Hearing on the Trump Administration's Family Separation Policy:  The House Energy and Commerce Subcommittee on Oversight and Investigations has scheduled a hearing for this week titled, "Examining the Failures of the Trump Administration's Inhumane Family Separation Policy."
The hearing is scheduled for 10:30 am EST on Thursday, February 7, 2019, in Room 2123 of the Rayburn House Office Building.

Witnesses: Two panels of witnesses will testify at the hearing.
 
Panel I
On Panel I will be Kathryn A. Larin, Director for Education, Workforce, and Income Security in the Government Accountability Office (GAO); Rebecca Gambler, Director for Homeland Security and Justice at GAO; Ann Maxwell, Assistant Inspector General for Evaluation and Inspections in the Office of Evaluation and Inspections of the HHS Office of Inspector General; and Commander. Jonathan White, Commander of the United States Public Health Service Commissioned Corps.
 
Panel II
On Panel II will be Lee Gelernt, Deputy Director of the American Civil Liberties Union's Immigrants' Rights Project; Jennifer Podkul, Senior Director of Policy and Advocacy for Kids in Need of Defense; Julie Linton, Co-Chair of the American Academy of Pediatrics' Immigrant Health Special Interest Group; Cristina Muniz de la Pena, Mental Health Director of the Center for Child Health and Resiliency, representing the American Psychological Association; Jack P. Shonkoff, Professor of Child Health and Development and Professor of Pediatrics in the Harvard Medical School, School of Public Health and Graduate School of Education and Director of the Center on the Developing Child at Harvard University; and Dona Abbott, Vice President of Refugee and Immigrant Services for Bethany Christian Services.


Committee Jurisdiction Over Immigration. The House Committee on Energy and Commence broadest jurisdiction of any authorizing committee in Congress.  However, it does not have legislative jurisdiction over immigration, border security, detention, or unaccompanied children.

The Committee does has oversight jurisdiction over the Department of Health and Human Services, though.  Its Subcommittee on Oversight and Investigations, specifically, has "responsibility for oversight of agencies, departments, and programs related to the jurisdiction of the full committee, and for conducting investigations."

Background.  Upon announcing the hearing, Subcommittee Chairwoman, Diana DeGette (D-CO) said, “It has been more than eight months since this cruel policy first came to light, but this will be the Committee’s first hearing on the Trump Administration’s Family Separation Policy,”   Continuing, she declared that “This hearing will serve as an important opportunity to assess the Department of Health and Human Services’ preparation and response to the Family Separation Policy, its chaotic efforts to reunify children with their families, and the long-term effects of separation on the health and well-being of these children.”

Earlier this year full committee Chairman Frank Pallone, Jr. (D-NJ) and Subcommittee Chair DeGette wrote Secretary of Health and Human Services Alex M. Azar about the situation.  In their January 18, 2019, letter to the Secretary, the two Chairs concentrated on an October 2018 GAO report titled, "Unaccompanied Children: Agency Efforts to Reunify Children Separated from Parents at the Border; a January 17, 2019, Inspector General Report that was critical of the Administration's family separation policy, as well as on a draft memorandum from Trump Administration officials on the subject of family separation that leaked to Congress around that time. 

In their letter, the two Chairs write, in part, that "HHS’s responsibility is to care for unaccompanied children and promptly release them to sponsors who can provide for their physical and mental well-being. Experts have noted that prolonged detention of migrant children can lead to negative physical and emotional symptoms."  They raised concerns, not only about the family separation policy, itself, but also about a new HHS policy of sharing information about the sponsors of children with the Department of Homeland Security.   Wrote they about the latter policy, "Concerns have been raised that the policy to share information between HHS and DHS regarding potential sponsors has led to family members being reluctant to come forward, thereby leading to children being in HHS custody longer, the exact consequence that was contemplated by Administration officials. We are concerned that instead of prioritizing what is in the best interest of the children in HHS’s custody, you have allowed your agency to be turned into a mechanism for immigration enforcement."

Friday, February 8, 2019
  • House Judiciary Committee Oversight Hearing on the Operations of the Department of Justice:  The House Committee on the Judiciary has scheduled an oversight hearing for next week on the operations of the Department of Justice.  Among the matters expected to be examined and information sought at the hearing is “an explanation for several apparently false statements by Administration officials about national security threats at the Southern border.
The hearing is scheduled for 9:30 am EST on Friday, February 8, 2019, in Room 2141 of the Rayburn House Office Building.

Witnesses: The sole witness scheduled to appear at the hearing is Attorney General Matthew Whitaker.

Department of Justice Jurisdiction Over Immigration. The Department of Justice is the parent agency of several entities with jurisdiction over immigration matters. The most significant of these is the Executive Office for Immigration Review (EOIR), which has as its primary mission the adjudication of immigration cases by interpreting and administering the nation's immigration laws. Under delegated authority from the Attorney General, EOIR conducts immigration court proceedings, appellate reviews, and administrative hearings.

Other entities within the Department of Justice that deal with immigration include the Department’s Office of Immigration Litigation (OIL) and Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC).

Background.  A great deal of the Committee's questioning of the Acting Attorney General by Democrats is likely to concentrate on the legitimacy of his appointment, potential conflicts of interest, and his supervision of the Mueller probe into President Trump's campaign.   However, it is likely that the Committee will also address immigration matters during the hearing.

The potential for the Committee to ask questions about immigration during the hearing is reflected in a January 9, 2019, letter from House Committee on the Judiciary Chairman Jerold Nadler (D-NY) to Acting Attorney General Matthew Whitaker, inviting him to testify at the hearing.  In that letter, Chairman Nadler declares, ".We require an explanation for several apparently false statements by Administration officials about national security threats at the Southern border, including President Trump’s demonstrably false statement, during last year’s address to Congress, that ' according to data provided by the Department of Justice, the vast majority of individuals convicted of terrorism and terrorism-related offenses since 9/11 came here from outside of our country.'" 

This Week's Markups
At the time of this writing, no business meetings or markups that could have an eventual impact on the course of immigration-, refugee-, or human trafficking-related legislation or oversight are scheduled for committee consideration this week in the House.
This Week's Floor Actions
At the time of this writing, one measure that contains significant immigration-, refugee-, or human trafficking-related provisions is scheduled for floor consideration this week in the House:
Thursday, February 7, 2019
  • Put Trafficking Victims First Act:  The U.S. House of Representatives this week is scheduled to take up legislation intended to assist human trafficking victims by encouraging more victim-centered approaches to arrests, prosecutions, and the provision of services and assistance to persons who are or who may be the victims of human trafficking.  This week’s House floor action is set to occur in connection with H.R. 507, the "Put Trafficking Victims First Act of 2019".  The House will take up the measure on Thursday, February 7, 2019.
Parliamentary Situation.  The House is expected to take up H.R. 507 under a procedure known as “suspension of the rules,” under which debate is limited to 40 minutes, no floor amendments to the measure are permitted, and the bill must receive the affirmative votes of at least two-thirds of those Members who are present and voting in order to be passed.

Summary of Immigration Provisions.   As introduced, H.R. 507 would direct the Office for Victims of Crime within the Department of Justice (DOJ) to publish a report on state safe harbor laws, including: (1) the impact of state safe harbor laws on victims of trafficking, and (2) best practices and recommendations on the development and implementation of effective state safe harbor laws.  

The bill also would amend the Victims of Trafficking and Violence Protection Act of 2000 to modify requirements with respect to the allocation of trafficking victim services grant funds for training and technical assistance.  More specifically, it would require training and technical assistance to be provided in coordination with the Department of Health and Human Services. Additionally, it would broaden the areas of training and technical assistance to include, among others, investigating, prosecuting, and preventing human trafficking through a trauma-informed and victim-centered approach.  

The measure would require the National Institute of Justice to establish a working group to identify and recommend best practices for collecting data on human trafficking; report on efforts to develop methodologies to determine the prevalence of human trafficking in the United States; and coordinate with federal, state, local, and tribal governments, and private organizations, to survey survivors to estimate the prevalence of human trafficking in the United States.  

The measure also would require that the Department of Justice report on efforts to increase mandatory restitution orders and asset forfeiture to provide restitution to victims of trafficking.  And the bill would encourage states to implement certain protections for victims of trafficking.

Outlook.  H.R. 507 has not generated any opposition.  The House will almost certainly pass it.  

This Week's Hearings
At the time of this writing, no hearings that are likely to examine significant immigration-, refugee-, or human trafficking-related matters are scheduled for this week in the Senate.
This Week's Markups
At the time of this writing, two business meetings that could have an eventual impact on the course of immigration-, refugee-, or human trafficking-related legislation or oversight are scheduled for committee consideration this week in the Senate:
Wednesday, February 6, 2019
  • Senate Committee on Homeland Security and Governmental Affairs 116th Congress Organizational Meeting:  The Senate Committee on Homeland Security and Governmental Affairs has scheduled an Organizational Meeting for this week, during which it will organize itself for the 116th Congress, a process that entails adopting its rules, establishing its subcommittee structure, and agreeing to the leadership and roster of its subcommittees.                                                 
The meeting is scheduled for 10:00 am EST on Wednesday, February 6, 2019, in Room SD-342 of the Dirksen Senate Office Building.
Outlook.  At the time of this writing, there appears to be no controversy that will come up during the Organizational Meeting.
Thursday, February 7, 2019
  • Senate Committee on the Judiciary Vote on the Nomination of Attorney General-Designate: Initially scheduled for Tuesday, January 29, 2019, the Senate Committee on the Judiciary has rescheduled a business meeting for this week, during which it is expected to vote on the nomination of William P. Barr to be Attorney General of the United States. 
The meeting is scheduled for 10:00 am EST on Thursday, February 7, 2019, in Room SH-216 of the Hart Senate Office Building.

Department of Justice Jurisdiction Over Immigration. The Department of Justice is the parent agency of several entities with jurisdiction over immigration matters. The most significant of these is the Executive Office for Immigration Review (EOIR), which has as its primary mission the adjudication of immigration cases by interpreting and administering the nation's immigration laws. Under delegated authority from the Attorney General, EOIR conducts immigration court proceedings, appellate reviews, and administrative hearings.

Other entities within the Department of Justice that deal with immigration include the Department’s Office of Immigration Litigation (OIL) and Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC).

Outlook.  Given the two-seat majority that Republicans enjoy on the Committee, it is almost a certainty that the panel will approve the nomination once it takes it up.
  • Senate Committee on Foreign Relations 116th Congress Organizational Meeting:  The Senate Committee on Foreign Relations has scheduled an Organizational Meeting for this week during which it will organize itself for the 116th Congress, a process that entails adopting its rules, establishing its subcommittee structure, and agreeing to the leadership and roster of its subcommittees.                                                 
The meeting is scheduled for 2:00 pm EST on Thursday, February 7, 2019, in Room S-116 of the U.S. Capitol  Building.

Outlook.  Given the two-seat majority that Republicans enjoy on the Committee, it is almost a certainty that the panel will approve the nomination once it takes it up.
This Week's Floor Actions
At the time of this writing, no measures that contain significant immigration-, refugee-, or human trafficking-related provisions are scheduled for floor consideration this week in the Senate.
Hearings, Briefings, and Conference Deliberations
At the time of this writing, the following events that are likely to include significant mentions of immigration-, refugee-, or human trafficking-related matters are scheduled for this week between the two chambers.
Tuesday, February 5, 2019
  • State of the Union Address:  President Trump is scheduled this week to deliver his second State of the Union Address to a joint meeting of Congress.  The Address will take place at 9:00 pm EST on Tuesday, February 5, 2019, in the Chamber of the U.S. House of Representatives..
  • Democratic Alternative to the State of the Union Address:  Once the President delivers his State of the Union Address, it is expected that Democrats will present an alternative to it.   The President's State of the Union Address is scheduled for 9:00 pm EST on Tuesday, February 5, 2019, in the Chamber of the U.S. House of Representatives.  The Democratic alternative will follow shortly afterward.
Presenter.  Presenting for Democrats will be former State Representative Stacey Abrams (D-GA), the losing candidate in the 2018 election for Governor of Georgia.
All Week Long
  • Conference Committee Deliberations on the Fiscal Year 2019  Homeland Security Appropriations Act:  Having had its first meeting on Wednesday, January 30, 2019, the conference committee established to develop a border security package for inclusion in the Fiscal Year 2019 Homeland Security Appropriations Act has not yet scheduled a subsequent meeting to continue its deliberations.  However, discussions will likely take place at both the Principals and the staff levels throughout the week.
When it formally meets again, it will do so in Room HC-5 of the U.S. Capitol Building.  

As a technical matter, the conference committee has been established to resolve the differences between the differing House Amendments and Senate Amendments to H.J. Res. 31, a bill making further continuing appropriations for the Department of Homeland Security for Fiscal Year 2019, and for other purposes  In reality, for all practical purposes, the conferees are conferencing on two bills that were approved by the respective House and Senate Committees on Appropriations last year: S 3109, in the case of the Senate, and H.R. 6776, in the case of the House; along with a proposal by President Trump that is embodied in a failed McConnell-Shelby Amendment to H.R. 268, an FY '19 Emergency Disaster Assistance Supplemental Appropriations bill.

House Conferees.   Appointed as House conferees on H.J. Res. 31 are Representatives Nita Lowey (D-NY), Lucile Roybal-Allard (D-CA), David Price (D-NC), Barbara Lee (D-CA), Henry Cuellar (D-TX), Pete Aguilar (D-CA), Kay Granger (R-TX), Chuck Fleischmann (R-TN), Thomas Graves (R-GA), and Steven Palazzo (R-MS).
 
Senate Conferees   Appointed as Senate conferees on H.J. Res. 31 are Senators Richard Shelby (R-AL); Shelley Moore Capito (R-WV); John Hoeven (R-ND); Roy Blunt (R-MO); Patrick Leahy (D-VT); Richard Durbin (D-IL); and Jon Tester (D-MT).

:Looming Deadline.  Conferees are working against a formal deadline of February 15, 2019, to reach an agreement and have that agreement enacted into law.  This is because funding expires on that date for the various departments, agencies, and functions of the federal government that have not yet received a full-year Fiscal Year 2019 appropriation.  From an immigration and refugee perspective, this includes the visa, refugee admissions, and overseas refugee assistance functions of the Department of State; the immigration court adjudication functions of the Department of Justice; and the immigration services, border security, and interior immigration enforcement functions of the Department of Homeland Security.

Outlook.  At the time of this writing, the outlook for conferees reaching a settlement that the President can support appears dim.
This Week's Activities
No Scheduled Immigration-, Human Trafficking, or Refugee-Related Events