This Week on the Hill
Week of June 29, 2020
(Last Updated: Sunday, July 5, ,2020 at 11:00 pm EDT)
ThisWeekInImmigration.Com's "Next 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 next week.
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U.S. House of Representatives
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U.S. Senate
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Bicameral
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Non-Governmental
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This Week's Hearings and Briefings
Tuesday, June 30, 2020
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Anticipated Witnesses: Scheduled to testify at the hearing are Treasury Secretary Steven Mnuchin and Federal Reserve Chairman Jerome Powell.
Wednesday, July 1, 2020
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Anticipated Witnesses: Scheduled to testify at the hearing are Mr. Cheuk Yan Lee, General Secretary, Hong Kong Confederation of Trade Unions; Ms. Carole J. Petersen, Professor of Law, William S. Richardson School of Law and Graduate Chair, Matsunaga Institute for Peace, University of Hawai’i at Manoa; and Mr. Brian Leung, Ph.D. Candidate, University of Washington.
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Anticipated Witnesses: Scheduled to testify at the hearing are The Honorable Michael G. Kozak, Acting Assistant Secretary, Bureau of Western Hemisphere Affairs, U.S. Department of State; and Mr. Josh Hodges, Senior Deputy Assistant Administrator, Bureau for Latin America and the Caribbean.
This Week's Markups and Business Meetings
Wednesday, July 1, 2020
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Summary of Immigration-Related Provisions. As submitted to the Committee by the Chairman the measure contains the following significant provisions that could impact immigration or noncitizens:
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Special Immigrant Visas. Section 1212 of Division A, Title XII, Subtitle B would extend the Afghan Allies Protection Act of 2009 (Public Law 111-8) by one year, though the end of fiscal year 2021,.. It also would extend by two years, through January 31, 2023, a State Department report associated with the program.
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DOD Support for CBP Operations. Section 1043 of Division A, Title X, Subtitle E would modify the authority under section 1059 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92). That section of P.L. 114-92 provides the Secretary of Defense authority to support Customs and Border Protection (CBP) operations, when requested. Section 1043 of H.R. 6395 would modify exiting authority to require the Secretary of Defense to fully consider readiness, mission, and task alignment to requested support from CBP when determining the Department of Defense's ability to provide assistance to secure the United States southern land border. Additionally, this section would add reporting requirements.
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Bar on Transferring Guantanamo Detainees. Section 1031 of Division A, Title X, Subtitle D would prohibit the use of funding authorized to be appropriated or otherwise made available for the Department of Defense during the period beginning on the date of the enactment of this Act and ending on December 31, 2021, to transfer, release, or assist in the transfer or release of any individual detained at U.S. Naval Station, Guantanamo Bay, Cuba, to Libya, Somalia, Syria, and Yemen.
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Outlook. The Committee is almost certain to approve the measure.
This Week's Floor Actions
No Scheduled Immigration-, Human Trafficking, or Refugee-Related House Floor Actions
This Week's Hearings and Briefings
No Scheduled Immigration-, Human Trafficking, or Refugee-Related Hearings or Briefings
This Week's Markups and Business Meetings
No Scheduled Immigration-, Human Trafficking, or Refugee-Related Markups or Business Meetings
This Week's Floor Actions
Monday, June 29, 2020 through the Balance of the Week
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Parliamentary Situation. As a technical matter, when the Senate convenes at 3:00 pm EDT on Monday, June 29, 2020, it still will be debating the motion to proceed to S. 4049. It is expected to move to the consideration of the bill, itself, sometime after 5:30 pm on Monday. At the time of this writing, no agreement between Republicans and Democrats had yet been reached on what amendments may be offered and how they will be disposed of..
Summary of Immigration-Related Provisions. As approved by the Senate Committee on Armed Services, the measure contains at least three significant provisions that could impact immigration or noncitizens:
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Retention of Skilled Immigrants. Section 802, would require the Department of Defense to conduct an assessment of the capacity of the national security innovation base, including an assessment of U.S. “immigration policy, including the policies germane to the attraction and retention of skilled immigrants.”
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Special Immigrant Visas. Section 1214 contains a statement of the “sense of the Senate” regarding the Special Immigrant Visa program for Afghan allies. The language discusses the program's history and value to the United States, decries backlogs in processing those visas, and urges that the visas be addressed “as quickly as possible” and that “additional visas should be made available to principal aliens who are eligible for special immigrant status under that Act.”
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Border Wall Construction. Section 2904 would authorize $3.6 BILLION to replenish military construction funds that the Trump Administration used to deploy armed forces on the U.S. border with Mexico.
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Potential Immigration-Related Floor Amendments. The following is a summary of several immigration-related floor amendments that have been submitted for potential floor consideration:
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SHAHEEN AFGHAN SIV AMENDMENT. Senator Jeanne Shaheen (D-NH) has submitted SA 1728, which is comprised largely of the text S. 1474, the "Afghan Allies Protection Act of 2019". The amendment would provide for 4,000 additional special immigrant visas to qualified nationals of Afghanistan who were employed by or on behalf of the United States since October 7, 2001, increasing the number of available visas from 22,500 to 26,500.. It also would extend the Afghan Special Immigrant VIsa program through the end of fiscal year 2021
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DURBIN/LEAHY/UDALL/MURPHY/TESTER BORDER WALL AMENDMENT. Senator Richard Durbin (D-IL) has submitted SA 1793, which would provide that defense funds may not be obligated, expended, or otherwise used to design or carry out a project to construct, replace, or modify a wall, fence, or other physical barrier along the international border between the United States and Mexico.
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BLUMENTHAL BORDER WALL AMENDMENT. Senator Richard Blumenthal (D-CT) has submitted SA 1774, which would provide that the Secretary of Defense may not use any of the amounts authorized in this Act to provide support under section 284 of title 10, United States Code, in connection with the construction of a wall or fence on the southern border of the United States or a road associated with such a wall or fence; undertake a military construction project under section 2808 of such title in connection with the construction of such a wall, fence, or road; or otherwise construct or provide support for the construction of such a wall, fence, or road.
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CARDIN/YOUNG/DURBIN BURMA AMENDMENT. Senator Ben Cardin (D-MD) has submitted SA 1702, which is comprised largely of the text of S. 1186, the "Burma Human Rights and Freedom Act of 2019". Among its many provisions are those that would deny visas to military actors involved in persecuting Burmese religious minorities. The amendment also contains numerous provisions aimed at ensuring that refugees, including the Rohingya are safely repatriated and properly treated.
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LEE/JOHNSON/ROMNEY/TOOMEY NATIONAL EMERGENCIES DECLARATIONS AMENDMENT. Senator Mike Lee (R-UT) has submitted SA 2001, which is comprised largely of the text of S. 764, the "ARTICLE ONE Act". The amendment would automatically end all future emergency declarations made pursuant to the National Emergencies Act after 30 days unless Congress votes affirmatively to extend the emergency. Currently Congress can cancel an emergency declaration only by passing a resolution that can withstand a presidential veto.2021 However, the amendment would exclude from the provisions emergencies that are declared pursuant to the President's powers under Section 212(f) of the Immigration and Nationality Act. That section of the INA Section 212(f) of the Immigration and Nationality Act (INA) is split into two parts. The first part of Section codifies the President of the United States' broad authority to suspend the entry of any aliens or of any class of aliens if the President determines that such entry would be detrimental to the interests of the United States by presidential proclamation. The second part gives the Attorney General the authority to suspend the entry of aliens arriving on certain airliners that are not in compliance with applicable regulations relating to document fraud.
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CORNYN CENTRAL AMERICA POLICY AMENDMENT. Senator John Cornyn (R-TX) has submitted SA 2091, which would require the Secretary of State, in conjunction with other officials, to submit to the appropriate committees of Congress a comprehensive strategy for engaging Central America. The amendment requires that the strategy contain a number of elements, including "curtailing unauthorized immigration to the United States by addressing the root causes of migration in Central America"; "establishing and reinforcing reintegration programs for repatriated persons that reduce the likelihood for repeated unauthorized migration to the United States"; and "providing a comprehensive assessment of the current sanctions regime and making recommendations for the most efficient use of sanctions to deter corruption, insecurity, and the key drivers of migration".
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SANDERS MASK AMENDMENT. Senator Bernie Sanders I-VT) has submitted SA 1920, which would require the President, to establish a program to provide, and deliver through the United States Postal Service, a monthly supply of face masks, free of charge, to every individual and household in the United States. The amendment contains an explicit provision providing that the program "shall not require any individual in the United States to provide identification or proof of citizenship in order to receive masks."
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VAN HOLLEN/SASSE TRADE SECRETS THEFT AMENDMENT. Senator Chris Van Hollen (D-MD) has submitted SA 1847, which would deny visas to persons involved in the theft of trade secrets.
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MENENDEZ/RUBIO CORRUPTION IN THE AMERICAS AMENDMENT. Senator Bob Menendez (D-NJ) has submitted SA 1958, which would deny visas, admission, or parole to an alien whom the Secretary of State or the Secretary of Homeland Security (or a designee of either Secretary) knows, or has reason to believe, is engaging or has engaged in acts of significant corruption in a country in Latin America or the Caribbean with representatives of, or on behalf of, the Government of China, a Chinese state-owned entity, or a Chinese private sector entity.
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TOOMEY/VAN HOLLEN HONG KONG AUTOMONY AMENDMENT. Senator Pat Toomey (R-A) has submitted SA 1995 which is comprised largely of the text of S. 3798, the "Hong Kong Autonomy Act". Among its many provisions is one that would permit the President "to direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States" individuals involved in stifling the independence of Hong Kong.
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THUNE TRANSFER OF EXCESS DOD EQUIPMENT TO CBP AMENDMENT. Senator John Thune (R-SD) has submitted SA 2159 which would provide for the transfer of excess military equipment to the Department of Homeland Security for U.S. Customs and Border Patrol purposes.
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BALDWIN REPORT ON USE OF NATIONAL GUARD AMENDMENT. Senator Tammy Baldwin (D-WI) has submitted SA 2113 which would require the Government Accountability Office (GAO) to report to Congress on the use of the National Guard since October 1, 199 on a number of missions, including when it has provided "Support for, or direct participation in, law enforcement activities, including, but not limited to, law enforcement activities along the United States border."
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LEE/FEINSTEIN/CRUZ/COLLINS INDEFINITE DETENTION AMENDMENT. Senator Richard Durbin (D-IL) has submitted SA 2003, which would prohibit the indefinite detention of U.S. citizens and LPRs. The amendment provides that "No United States citizen or lawful permanent resident who is apprehended in the United States may be imprisoned or otherwise detained without charge or trial unless such imprisonment or detention is expressly authorized by an Act of Congress."
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HIRONO/SULLIVAN FILIPINO WAR VETERANS AMENDMENT. Senator Mazie Hirono (D-HI) has submitted SA 1692, which is comprised largely of S. 1598, the "Filipino Veterans Family Reunification Act of 2019".. The amendment would exempt from worldwide or numerical limitations certain family-sponsored immigrant visas for the sons and daughters of Filipino World War II veterans who were naturalized under certain laws providing for naturalization for service during World War II.
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Outlook. The Committee is almost certain to approve the measure.
Hearings, Briefings, and Conference Committee Actions
No Scheduled Immigration-, Human Trafficking, or Refugee-Related Legislative Activity