Archive for the ‘Immigration Reform’ Category

An Immigration Overhaul is Part of Biden’s Spending Framework – The New York Times

President Biden on Thursday proposed devoting $100 billion in his $1.85 trillion domestic policy bill to protect millions of undocumented immigrants, pushing to salvage a broader immigration overhaul that has stalled in Congress.

Democrats efforts to allow such measures to piggyback on the social safety net and climate legislation have so far fallen short, because of strict budget rules that limit what can be included.

House Democrats are planning to try to include one anyway, to appease colleagues who have said they cannot support a plan that lacks help for undocumented people, and to buy themselves time to devise an alternative that might be able to survive the Senates arcane rules.

Mr. Bidens plan would recapture hundreds of thousands of unused visas dating back to 1992 and protect millions of undocumented immigrants who have lived in the United States for years from deportation. It also includes $2.8 billion for U.S. Citizenship and Immigration Services to more efficiently process migrants paperwork.

The Senate parliamentarian, the chambers top rules enforcer, has repeatedly shot down Democrats efforts to include such measures in the bill, which is moving through Congress under a special process known as reconciliation that shields it from a filibuster. Only provisions that directly impact government revenues can be included in such bills, and the parliamentarian has ruled that two other immigration measures do not pass that test.

House Democrats plan to include one of those disqualified plans in their bill: a date change to the immigration registry, which allows otherwise law-abiding undocumented immigrants who have been in the United States continuously since Jan. 1, 2011, to adjust their status and gain a pathway to citizenship.

They fully expect that the provision will be nixed by the parliamentarian, who has said the policy change far outweighed its fiscal impact. They plan to replace it later with a proposal costing about the same amount, once they find an alternative that can survive under Senate rules.

Senate Democrats have embraced a backup plan to expand the Homeland Security secretarys authority to grant a temporary status known as parole to undocumented immigrants who have lived in the country for a decade, providing them with work permits and shielding them from deportation. The work permits would last five years, and then would need to be renewed for another five. The parliamentarian has not yet ruled on that proposal.

Immigration advocates cheered Mr. Bidens decision to insist that an immigration overhaul be included in the reconciliation package as evidence they could achieve some aspects of reform while Democrats hold both chambers of Congress and the presidency.

One way or another, we expect immigration reform to be in the final bill and win freedom for millions of immigrants, said Lorella Praeli, co-president of Community Change Action.

The Biden administration has already made policy changes to immigration enforcement priorities that would make most of the people eligible for relief in the budget proposals a low priority for arrest and deportation. But those measures are far from permanent and can be reversed by another president.

Eileen Sullivan contributed reporting.

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An Immigration Overhaul is Part of Biden's Spending Framework - The New York Times

Democrats to Press Ahead on Immigration Plan, Senator Says (2) | Bloomberg Government – Bloomberg Government

Democrats plan to allocate $100 billion to immigration as part of their sweeping tax and social spending bill even if a Senate rules official rejects their latest effort to protect undocumented people, Sen. Tim Kaine (D-Va.) said.

The White House released a framework Thursday that sets aside $100 billion for immigration-related measures consistent with the Senates reconciliation rules.

The Senate parliamentariana staff lawyer who advises on measures eligible for the budget reconciliation process Democrats are using to advance their domestic agendawill soon review a proposal to provide work authorization and deportation protections for some undocumented immigrants through humanitarian parole status.

Some type of immigration measure will move forward no matter what, Kaine said.

Were going to spend these resources on immigration reform regardless of the ruling, Kaine said. The shape of those reforms is still awaiting the parliamentarian ruling on this kind of protected status.

Democrats are looking for creative ways to ensure the immigration funding provides the greatest relief possible, even if the parliamentarian shoots down the most ambitious proposals, Sen. Mazie Hirono (D-Hawaii) said.

Its been such a huge challenge to get any kind of an immigration provision thats going to really be helpful to a lot of immigrants in our country, and I want to get us on that path somehow, she said. We have to put our heads together and figure out how that money can best be used in the way that Id like to see.

Majority Whip Dick Durbin (D-Ill.) underscored Democrats commitment to addressing immigration, saying in a statement that now is the time and reconciliation is the way.

House Democrats on Thursday released draft text of the legislative package (H.R. 5376). It includes a separate proposal to update a federal registry law that allows people to apply for legal status if theyve been in the country since a certain date. The update would extend to immigrants who arrived before 2010.

The Senate parliamentarian already rejected the proposal earlier this month. House Democrats are including it as a functional placeholder, in a maneuver to keep their options open as they wait to see if the parole proposal is approved. Lawmakers may later swap in the parole language or something else.

Democrats Aim to Keep Immigration Options Open in Latest Move

The House draft also includes provisions to help people in the legal immigration system by recapturing unused green cards, allowing some immigrants to adjust their legal status faster and bypass some overall and per-country caps on visas.

It remained unclear Thursday whether the provisions would end up in a final deal.

Rep. Henry Cuellar (D-Texas) said lawmakers plan to scrub the language to ensure everything included meets Senate reconciliation rules, which require all provisions to relate to the federal budget.

To contact the reporter on this story: Ellen M. Gilmer in Washington at egilmer@bloombergindustry.com

To contact the editors responsible for this story: Sarah Babbage at sbabbage@bgov.com; Fawn Johnson at fjohnson@bloombergindustry.com

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Democrats to Press Ahead on Immigration Plan, Senator Says (2) | Bloomberg Government - Bloomberg Government

Latest version of Build Back Better Act includes high-skilled immigration reform – newsindiatimes.com

A man exits the transit area after clearing immigration and customs on arrival at Dulles International Airport in Dulles, Virginia, U.S., September 24, 2017. REUTERS/James Lawler Duggan/Files

The latest draft of the Build Back Better Act (H.R. 5376), that President Joe Biden and different factions of the Democratic Party have been hammering out in Congress, includes comprehensive high-skilled immigration reforms that Indian-American lawmakers have been wanting.

In his statement, Congressman Raja Krishnamoorthi said he was pleased that the draft legislation released the night of Oct. 28, 2021, contained provisions he had fought for on behalf of high-skilled foreign workers.

India is the source of an overwhelming number of H-1B skilled workers, and hundreds of thousands of them are stuck in a backlog unable to get their permanent residence in the U.S. despite having applied many years ago.

The draft Build Back Better Act amends the Immigration and Nationality Act registry cut-off date to allow individuals who entered the U.S. prior to January 1, 2010 to apply for green cards; recaptures family-sponsored and employment-based green cards unused since 1992; allows individuals with approved immigrant petitions to file for adjustment of status early upon payment of a fee; and exempts family-sponsored and employment-based applicants from numerical limits on visas for an additional fee.

I am pleased that the Build Back Better Act legislation released last night in the U.S. House of Representatives will finally provide relief for the over 1.2 million high-skilled workers stuck in the employment-based green card backlog, Congressman Krishnamoorthi said in his statement.

Democrats have heard these workers heartbreaking stories of decades-long green card queues and children being forced to self-deport, and are now taking action. I would like to thank House Speaker Nancy Pelosi and Senate Majority Leader Chuck Schumer in particular for their ongoing support for these critical reforms, Krishnamoorthi added.

Krishnamoorthi noted he has long been a long-time champion of reforming the immigration system for high-skilled immigrants.

He is an original cosponsor of the Equal Access to Green Cards for Legal Employment (EAGLE) Act (H.R. 3648) and, along with Representatives Kathy Manning and Deborah Ross, led 40 Members of Congress in sending a letter to Speaker Pelosi and Leader Chuck Schumer on the importance of addressing the employment-based green card backlog in the Build Back Better Act. .

The Build Back Better Act legislation released Oct. 29, was a compromise framework agreed to by the House, Senate, and the White House and still requires final passage in both Chambers of Congress.

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Latest version of Build Back Better Act includes high-skilled immigration reform - newsindiatimes.com

Week Ahead in Immigration: November 1, 2021 – Reuters

(Reuters) - Here are some upcoming events of interest to the immigration law community. All times are local unless stated otherwise.

Monday, Nov. 1

12:30 p.m. - A lawyer for an Iranian citizen and the Muslim school in Queens where she taught English will ask a 2nd U.S. Circuit Court of Appeals panel to revive a challenge to the federal government's decision to revoke her U.S work authorization. The government found that the Razi School did not establish its ability to pay the proper wages to Simin Nouritajer and that she had failed to show that she was sufficiently qualified for the position. A federal judge earlier this year said she lacked jurisdiction over their challenge to the decision.

The case is Nouritajer v. Cissna, 2nd U.S. Circuit Court of Appeals, No. 21-632. For the plaintiffs: Thomas Moseley of Law Offices of Thomas E. Moseley. For USCIS: Rachel Balaban of the U.S. Department of Justice.

Wednesday, Nov. 3

9:30 a.m. - Lawyers for a group representing American tech workers will urge a panel of the U.S. Court of Appeals for the D.C. Circuit to revive a challenge to an Obama-era policy allowing international students with science and technology degrees to work in the U.S. after graduating. The Washington Alliance of Technology Workers, represented by the conservative Immigration Reform Law Institute, says the program violates federal law because upon graduating, individuals are no longer "bona fide students" eligible to extend student visas. A coalition of business groups including the U.S. Chamber of Commerce intervened in the case to defend the program.

The case is Washington Alliance of Technology Workers v. DHS, U.S. Court of Appeals for the D.C. Circuit, No. 21-5028. For the plaintiffs: John Miano of the Immigration Reform Law Institute. For DHS: Joshua Press of the U.S. Department of Justice. For the business groups: Paul Hughes of McDermott Will & Emery.

Thursday, Nov. 4

8 a.m. (ET)- Immigrant Justice Idaho will present a two-day virtual conference on various issues involving immigration law and policy. The program will include discussions of the politics of immigration law, recent U.S. Supreme Court and appeals court rulings, comparisons of immigration policies under the Trump and Biden administrations, and a two-hour "Immigration 101" course for non-lawyer advocates.

Know of an event that could be included in an upcoming Week Ahead in Immigration? Contact Dan Wiessner at daniel.wiessner@thomsonreuters.com.

Dan Wiessner (@danwiessner) reports on labor and employment and immigration law, including litigation and policy making. He can be reached at daniel.wiessner@thomsonreuters.com.

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Week Ahead in Immigration: November 1, 2021 - Reuters

‘Trust is a hard thing’: Manchin blows up Dem momentum – POLITICO

It was clear that Democrats had heard some version of Manchins calls for delay and pointed scrutiny before. Sen. Tammy Duckworth (D-Ill.) said it didnt seem like anything he couldnt have sent in an email. And some Democrats argued that although Manchin can be hard to predict, that he is not the type of politician to screw Biden over.

Manchin is not going to be the guy who pulls the foundation out of the Biden first-year track record, said Sen. Tim Kaine (D-Va.). I dont think hell surprise me on this.

Perhaps most perilously for the House progressives whom he criticized for holding up the $550 billion infrastructure bill, Manchin made clear that despite his warm statements about the White House's framework, he cant be viewed as an automatic yes just because hes a Democrat.

Its a major gut check for Biden and his party's fragile majorities, which require lockstep unity in the 50-50 Senate and near-total support in the House. Democrats need Manchins vote to pass the rest of Bidens climate and social spending agenda, but Manchins only real demand on Monday was that the House immediately pass the bipartisan infrastructure bill.

When it came to the $1 trillion-plus spending bill, Manchins words were far less ironclad.

"I'm open to supporting a final bill that helps move our country forward. But I'm equally open to voting against a bill that hurts our country, Manchin said, citing inflation and budget deficits as his main concerns. Democrats have linked their infrastructure and social spending bills as part of a strategic attempt to unite their disparate wings to advance major legislative goals this year.

As of Monday morning, many House Democrats projected they could vote this week on infrastructure and the social policy measure, passed using budget reconciliation rules that allow it to avoid a filibuster in the Senate. That timeline could slip past this week after Manchin's press conference, which also appeared to embolden House moderates.

Speaker Nancy Pelosi told Democrats in a closed door meeting Monday night that the House Rules panel could meet to tee up the $1.75 trillion bill as soon as late Tuesday, with floor votes later this week, according to people listening. Asked when Democrats could release final text of the bill, House Majority Whip Steny Hoyer quipped: "I wish I knew."

Some Senate Democrats conceded that Manchin had only complicated things even as he tried to offer clarity.

At this moment in time trust is a hard thing. And we dont want to give people excuses to vote against the [infrastructure bill] or against reconciliation, said Sen. Jon Tester (D-Mont.).

Progressives in the House scrambled in the wake of Manchin's unexpected criticism of the social spending bill after months of behind-the-scenes talks intended to win him over. Many of those liberals were prepared to vote yes on both of Bidens bills this week, in large part because they believed the White House had secured both senators votes on the roughly $1.75 trillion package.

While some members, including Congressional Progressive Caucus Chair Pramila Jayapal (D-Wash.), mostly seemed resolved to ignore Manchin for the moment, others feared his comments could upend plans to finally vote on both the social spending and infrastructure bills this week. Pelosi informed some members over the weekend she aimed to bring both to the floor, though other senior Democrats were more skeptical of such a quick timeline given the unresolved issues.

In a uniquely fast statement released after Manchin spoke, White House press secretary Jen Psaki said Biden aides "remain confident that the plan will gain Senator Manchins support."

The infrastructure bill has twice now stalled out in the House, infuriating moderate senators who wrote it. Manchin and Sen. Kyrsten Sinema (D-Ariz.) were both top negotiators on that legislation, leading House progressives to balk at passing it without ironclad commitments on the climate and social spending bill.

The party-line reconciliation package is paid for with tax increases on the wealthy and corporations, but Manchin questioned whether that math would really add up. The bill, which is still being reworked to add prescription drug reform, has not received a score from the Congressional Budget Office.

That questioning, despite Manchins support for an infrastructure bill that the CBO says will add to the deficit, infuriated some progressives.

If theres anybody in the Democratic Caucus or elsewhere who is worried about fiscal responsibility and the deficit [the infrastructure bill] is not paid for, said Sen. Bernie Sanders (I-Vt.). The reconciliation bill is paid for in its entirety. It will not have an impact on inflation.

Manchin has raised doubts about adding paid leave and expanding Medicare to the social spending bill, comments that led to paid leave's omission from last weeks framework and a Medicare expansion getting limited to hearing aides, rather than hearing and dental coverage. As it's currently written, the bill expands early education, spends hundreds of billions of dollars to fight climate change and extends Democrats' boosted child tax credit a year.

Jayapal, who leads the nearly 100-member House progressive group, said on CNN that House Democrats are still prepared to vote on both bills in the coming days. A day earlier, Jayapal and her whip team had begun their own internal count on how many progressives were willing to back both Biden priorities this week. Many liberals had privately indicated they were ready to support both during a Sunday call. The progressive caucus will huddle again Tuesday.

And its not just Manchin who has issues. In the House, a small group of moderate Democrats are privately warning they arent ready to back Bidens broader bill on the floor this week.

Between four and eight centrists have raised concerns to leadership about either process or policy on the $1.75 trillion bill, according to one source close to the talks. Their issues range from fierce opposition to immigration reform to a proposed methane emissions fee to a demand that the bill is fully scored by independent budget analysts and that it can clear the Senate's byzantine budget rules.

Immigration is by far the most volatile issue in the House, where Pelosi can only afford to lose three Democrats on the final vote. At least three Latino Democrats have threatened to oppose any social spending bill that doesn't include immigration policy.

But a much larger group of moderates including many of the caucuss most vulnerable members have said they would tank the bill if contentious immigration provisions are included.

In addition, few Democrats want to support a bill without prescription drug reform. Democrats in the House and Senate are nearing an agreement on adding compromise language to the social spending bill that would empower Medicare to negotiate some prices down.

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'Trust is a hard thing': Manchin blows up Dem momentum - POLITICO