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HomeMy WebLinkAbout05/12/2017 03 Recent Communication with Representative Newhouse 1 //4.0." Ye v40 , s4,,„o BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 3. For Meeting of: May 12, 2017 ITEM TITLE: Recent communication with Representative Newhouse SUBMITTED BY: Cliff Moore, City Manager SUMMARY EXPLANATION: See attached. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type CI Immigration information email 5/10/2017 Comr Memo CI RAC handout 5/10/2017 Cmer Memo DI Recognizing American Children Act 5/10/2017 Cmer Memo D Bridge Act by section 5/10/2017 Cmer Memo CI The Badge Act Summary 5/10/2017 Omer Memo 2 �U� 'Price, ° From: Herbert, Jason <]ason.Horbert@maiihousegov' Sent: Monday, May 08, Z017 2:14 PM To: P/ice, CaUy Subject: Immigration Information from Rep. Newhouse's Office Attachments: RAC Hondout.ducx; Recognizing American Children Actduox; The 8K|OGE Act Section bySection.pdf, The BRIDGE Act Summary.pdf; Dear Colleague H,R. 639 Electronic Notification Improvement Ad.pdf Hey Ca||y, | am Congressman Nevvhouse's Legislative Director and | wanted to follow-up with some information that Mayor Coffey .requested on a call held with Rep. Newhouse last Tuesday. From my notes | believe the Mayor asked for information on H.R. 496, the 8R/DGE4ct H.R. 1468, the Recognizing America's Children (RAC)Act; and legislation addressing problems in � e H'2A program. | have included short descriptions of each bill below and attached is additional background information on each measure that should be helpful. D H.R. 1468, the Recognizing America's Children (RAC)Act—Sponsored by Rep. Carlos Curbelo (R-FL)—The legislation provides 5 years of conditional protection from deportation for qualified and vetted undocumented immigrants who arrived as children, while they complete l of pathways for adjustment: scholarship; military service; or employment, If they successfully meet the requirements for each pathway, they will get an additional 5 years of conditional protection during which they may file for adjustment to legal permanent status. Attached bo "One' » pager"and short hand-out nn the bill. rr H.R� 4�6,the BorHernn��of/nd�b/u�� who Dn�un7 and (BRIDGE) by Rep. �4ike � ' ' ' Cof nan (R'CO)—The legislation wou|d give DACA'e|iQib|eindividua|s three yea mto |e8aUy |iveand work inthe U.l as Congress debates broader legislation tofix ourf|awved immigration system. Underthe biU' appUcants would be required to pay a reasonable fee, undergo a criminal background check, and meet eligibility criteria indicating they came to the U.S. as minors, grew up in this country, have pursued an education, have not » committed any serious crimes, and do not pose a threat to our country, This bipartisan bill would ensure OREAMERo can continue to work and study in the U.S. without fear of deportation. Attached bo "B0Jurnmo/y" ^ � and "Section-by-Section"document. - ' H. H.R. 281, the Forn8v Form Relief Act of2D17—Sponsored by Rep. Bios Stefon|h (R'NY)—The legislation would move the H'ZAAQhcultura| Visa program from the Department of Labor to the Department of Agriculture to better meet the unique labor needs of farmers and agricultural businesses. HR. 2O1 takes practical measures such as allowing visa applicants to fill out H'2AappUcations on paper oronline, requiring a user-friendly online system, . and ending burdensome requirements on advertising and prevailing practice surveys.The bill also allows farm cooperatives and other agricultural associations to apply for H-2A workers on behalf of their members, makes the r ` program more workable for dairy and other livestock operations, and requires reporting to Congress if delays occur in the H'2A Visa application process. Additional information on the bill can be foundot: U. H.R. 639,the Electronic Notification ImprovementAct of 2017—Sponsored by Rep. Ralph Abraham (R-LA) —The legislation would make a technical correction to |avv clarifying that the DHS Secretary will give final approval for the import offoreign workers under the H2 programs, not the Attorney General, Also, the measure directs DHSto inform petitioners via electronic notification of approval or denial of applications instead of conventional mail, thus eliminating 5-7 days off the application timeframe, A Dear Colleague letter/summary is attached, � � o . . Please let me know if I am missing anything or if Mayor Coffey would like additional information on any of these bills, Thank you and | hope all iswell! Jason � Jason Herbert Legislative Director ~ office of Congressman Dan Newhouse (VVA-04) 13l8LongwmrthHOB 202.225.5816 .� - ° � ^ ~ � � � ^ ' ' � . � , � � 3 4 Recognizing America's Children Act The bill provides 5 years of conditional protection from deportation for qualified and vetted undocumented immigrants who arrived as children,while they complete 1 of 3 pathways for adjustment. Eligibility • Obtained a high school diploma or equivalent,or has an existing work authorization. • Arrived in the U.S. before the age of 16, before January 1, 2012. • Have been screened for criminal history. Three pathways to adjustment • Scholarship: Has graduated from an institution of higher education. • Military Service: Has served at least 3 years or was otherwise honorably discharged. • Employment: Has been gainfully employed for at least 48 months. Upon successfully completing one of these pathways,they may reapply for an additional 5 years of protection. During this period,they can also apply for adjustment to Legal Permanent Resident status. Please contact Hector Arguello(Carlos Curbelo, 5-2778)for more information or to cosponsor. 5 Recognizing America's Children Act Allows undocumented immigrants the opportunity to adjust their residency status if they achieve a degree from institution of higher education/or vocational, enlist in the Armed Services, or are gainfully employed, and meet certain other criteria. The legislation authorizes the Secretary of Homeland Security to suspend the removal of an undocumented immigrant and grant them conditional legal permanent status (upon application)if the individual petitions for such suspension and meets the following requirements: ✓ Obtained a high school diploma or equivalent ✓ Arrived in the U.S. before the age of 16, before January 1, 2012 ✓ Maintained residence in the U.S. for at least the previous five consecutive years ✓ Has demonstrated "good moral conduct" as defined by U.S. Code Title 8 Section 1227(a) For students: • Has been accepted to an accredited school of higher education or vocational school. For military • Demonstrates intent to enlist into a branch of the U.S. armed forces. For workers: • Has an existing, valid work authorization. The conditional legal permanent status will be granted for five years. However, it will be immediately revoked if the individual: ✓ Fails to continue demonstrating"good moral conduct" ✓ Becomes a public charge, primarily dependent on the government for subsistence. ✓ Does not enlist or does not get accepted into a branch of the U.S. armed forces within nine months of obtaining non-immigrant status ✓ Receives a dishonorable or other than honorable discharge from the armed forces ✓ For workers, have been unemployed for more than 12 months. States would not be penalized for offering in-state tuition for students under this program The Secretary of Homeland Security shall extend the conditional legal permanent status for an additional five years if the individual: ✓ Has graduated from an accredited institution of higher education or vocational school ✓ Has served at least three years in the Armed Services, or otherwise honorably discharged ✓ Continues to demonstrate "good moral conduct" ✓ For workers, has been gainfully employed for at least 48 months ✓ Has maintained residence in the U.S. throughout their studies (absences for military service abroad are excused) After receiving the additional five year extension, alien may apply for legal permanent residency. 6 Bar Removal of Individuals who Dream and Grow our Economy (BRIDGE) Act Section 1. Short Title. The bill's title is"Bar Removal of Individuals who Dream and Grow our Economy Act," or the "BRIDGE Act". Section 2. Provisional Protected Presence for Young Individuals. Subsection 2(a) amends the Immigration and Nationality Act(INA)by adding at the end of Chapter 4 of title II a new section, 244A, titled "Provisional Protected Presence". New INA Section 244A: Provisional Protected Presence (a)Definitions. This subsection defines the following terms referenced in the legislation: DACA (Deferred Action for Childhood Arrivals)recipient, felony, misdemeanor, Secretary (of Homeland Security), significant misdemeanor, threat to national security, and threat to public safety. (b)Authorization. This subsection states that the Secretary of Homeland Security shall grant provisional protected presence and employment authorization to an individual who files an application demonstrating that he or she meets the eligibility criteria set forth in subsection (c) and pays the requisite filing fee. It specifies that DHS may not remove an individual with provisional protected presence from the United States unless that status is rescinded pursuant to subsection (g) of this legislation, which specifies the criteria that may be used for rescinding an individual's provisional protected presence. (c) Eligibility Criteria. This subsection details eligibility requirements for an individual to receive provisional protected presence and employment authorization. It is based on the DACA eligibility requirements. These requirements are that the individual: • Was born after June 15, 1981; • Entered the United States before attaining 16 years of age; • Continuously resided in the United States between June 15, 2007, and the date on which the alien files an application under this section; • Was physically present in the United States on June 15, 2012, and on the date on which the alien files an application under this section; • Was unlawfully present in the United States on June 15, 2012; • On the date on which the alien files an application for provisional protected presence o Is enrolled in school or in an education program assisting students in obtaining a regular high school diploma or its recognized equivalent under State law, or in passing a general educational development exam or other State-authorized exam; o has graduated or obtained a certificate of completion from high school; 7 o has obtained a general educational development certificate; or o is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and • Has not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and does not otherwise pose a threat to national security or a threat to public safety. (d)Duration of Provisional Protected Presence and Employment Authorization. This subsection specifies that the period of provisional protected presence and employment authorization provided to individuals shall be effective until three years after the date of enactment of the legislation. (e) Status During Period of Provisional Protected Presence. This subsection specifies that during the period of provisional protected presence, an individual granted such status is not considered to be unlawfully present in the United States. It adds that a grant of provisional protected presence does not excuse previous or subsequent periods of unlawful presence. (f)Application. This subsection details application requirements and other rules related to the application. An individual who has never been in removal proceedings, or whose proceedings have been terminated, must be at least 15 years old to apply. This age requirement does not apply if at the time of application the individual is in removal proceedings, has a final removal order, or has a voluntary departure order. The DHS Secretary may charge a reasonable fee for a provisional protected presence and employment authorization application commensurate with the cost of processing the application. An exemption from the application fee is available for certain disadvantaged applicants. An applicant who is prima facie eligible for protected provisional presence 1) may not be removed while his or her application is pending; 2) may apply for provisional protected presence in removal proceedings, with a final removal order, or with a voluntary departure order, if the applicant is not in immigration detention; and 3) must, upon request, be provided a reasonable opportunity to apply for provisional protected presence from immigration detention. Provisional protected presence application information shall be protected from disclosure to Immigration and Customs Enforcement(ICE) and Customs and Border Protection (CBP)for the purpose of immigration enforcement proceedings. This subsection also provides that individuals whose cases have been deferred pursuant to the DACA program or who have been granted provisional protected presence shall not be referred to ICE. DACA and provisional protected presence application information may be shared with national security and law enforcement agencies for assistance in the consideration of the application for provisional protected presence, to identify or prevent fraudulent claims, for national security purposes, or for the investigation or prosecution of any felony not related to immigration status. DHS shall begin accepting provisional protected presence and employment authorization applications not later than 60 days after the date of enactment. 8 (g)Rescission of Provisional Protected Presence. This subsection specifies the criteria the DHS Secretary may use to rescind an individual's provisional protected presence status and employment authorization, which are: a conviction for a felony, a significant misdemeanor, or three or more misdemeanors; posing a threat to national security or a threat to public safety; travel outside the U.S. without authorization; and failure to continuously reside in the United States. (h) Treatment of Brief, Casual, and Innocent Departures and Certain Other Absences. This subsection clarifies that an individual's continuous residence is not affected by brief, casual, and innocent absences from the U.S. during the period beginning on June 15, 2007, and ending on August 14, 2012, or travel outside the U.S. on or after August 15, 2012, if such travel was authorized by the DHS Secretary. (i) Treatment of Expunged Convictions. Expunged convictions shall be evaluated on a case-by-case basis according to the nature and severity of the offense to determine eligibility for provisional protected presence. (j) Effect of Deferred Action Under DACA Program. This subsub section clarifies that a DACA recipient will maintain provisional protected presence status, and, when applicable, employment authorization, until the date of expiration of their existing deferred action status. This subsection further provides that a DACA recipient's provisional protected presence status and work authorization will remain in effect pending adjudication by the DHS Secretary of a new application if the application is filed not later than the expiration date of the DACA recipient's existing deferred action status. Subsection 2 (b)is a clerical amendment that updates the INA table of contents. 9 The BRIDGE Act The BRIDGE (Bar Removal of Individuals who Dream and Grow our Economy) Act would provide temporary relief from deportation and employment authorization to individuals who are eligible for the Department of Homeland Security's Deferred Action for Childhood Arrivals ("DACA") program. DACA provides temporary protection from removal and work authorization to young students and veterans who grew up in the United States if they register with the government, pay a fee, and pass a criminal background check. More than 752,000 young people have received DACA. Temporary protection under the BRIDGE Act would ensure that these young people can continue to work and study and be protected from deportation while Congress debates broader legislation to fix our broken immigration system. The BRIDGE Act would provide "provisional protected presence" and employment authorization to DACA-eligible individuals. A current DACA recipient would receive provisional protected presence until the expiration date of his or her DACA status and could apply for provisional protected presence prior to that expiration. An individual who is not a DACA recipient but who is eligible for DACA could also apply for provisional protected presence. Applicants would be required to pay a reasonable fee, undergo criminal background checks, and meet a number of eligibility criteria indicating that they came to the United States as minors, grew up in this country, have pursued an education, have not committed any serious crimes, and do not pose a threat to our country. An individual's provisional protected presence and employment authorization would be subject to revocation by DHS if the individual no longer met the eligibility criteria. The BRIDGE Act would provide provisional protected presence and employment authorization for three years after the date of enactment of the legislation.