HomeMy WebLinkAbout08/20/2019 17B Status Report on Federal Immigration-Related Legislation BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 17.B.
For Meeting of:August 20, 2019
ITEM TITLE: Status Report on Federal Immigration-Related Legislation
SUBMITTED BY: Randy Beehler, Communications & Public Affairs Director
SUMMARY EXPLANATION:
At the Council's July 6th regular meeting, Council directed staff to prepare a report on the status
of federal immigration-related legislation. Included in the August 20th Council regular meeting
packet is a report in response to that Council direction.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: NA
APPROVED FOR
SUBMITTAL: City Manager
STAFF RECOMMENDATION:
N/A
BOARD/COMMITTEE RECOMMENDATION:
N/A
ATTACHMENTS:
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MENOMULON
To: Yakima City Council Members
From: Communications & Public Affairs Director Randy Beehler
Subject: Status Report on Federal Immigration-Related Legislation
Date: Thursday, August 15'h, 2019
Council members,
At the Council's July 6th regular meeting, City staff was directed by the Council to have prepared a
report on the status of federal immigration-related legislation. Included in the August 20th Council
regular meeting packet is a report in response to that Council direction.
The status report on federal immigration-related legislation was prepared by June DeHart, the City's
contract lobbyists in Washington, D.C. The report includes all known immigration-related legislation
that has been introduced recently in Congress. The report also includes policy changes that have
been proposed by the White House that are related to immigration. Additionally, the report
references a U.S. Supreme Court decision that affects border wall funding.
Please let me know if you have questions or need more information about this issue prior to the
Council's August 20th regular meeting.
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Status Report on Federal Immigration-Related Legislation
White House Immigration Bill: In mid-July, the White House announced they have a 620 page
immigration proposal that is being ready for introduction in Congress. A group of 10 Republican
Senators have reportedly agreed to serve as cosponsors of the legislation. While details are still scarce,
this bill apparently builds on the blueprint that the president and his son-in-law Jared Kushner
announced in May. That blueprint, billed as a comprehensive immigration reform proposal, only
addressed border security and legal immigration and not the millions of people currently in this country
illegally. Without provisions that address that segment of the populations, particularly those brought to
this country as children (i.e. Dreamers), it has no chance of passing the Democratic-controlled House
and would likely struggle to pass in the GOP-controlled Senate as well.
Border Detention Crisis: On June 27th, Congress passed a long awaited $4.6 billion emergency
spending bill for the humanitarian crisis on the U.S.-Mexico border. Republicans and Democrats in the
Senate passed a bipartisan bill on an 84-8 margin earlier in the week and, for a time, it seemed as
though the House might object to this compromise. Many in the Democratic majority wanted to pass
their own version with additional health and safety protections for unaccompanied minors and
restrictions on the administration's use of funds, but that effort collapsed once it became clear there
was little appetite amongst moderates in the caucus or their Senate counterparts for an extended fight
on the issue.
On Wednesday, July 24th, the House passed H.R. 3239, a bill that contains many of the provisions
progressives wanted in the larger border bill. It would require Customs and Border Protection to provide
detainees at the border with minimum standards of health care, hygiene, food, and shelter to alleviate
current conditions that members find unacceptable. The legislation would also bar CBP from denying
lawmakers access to CBP facilities. This bill is unlikely to be taken up by the Senate and the White
Houses has promised to veto it, if necessary.
House Democrats were also gearing up to pass H.R. 2203, a bill that would change DHS detention
practices, institute new education and training requirements for CBP and ICE personnel and block the
administration's proposed changes to the asylum system (more on that below). However, leadership
decided to pull the bill when some members raised concerns with certain provisions including those that
would make border officers subject to substantial fines. Majority Leader Hoyer has said that they plan to
take up and pass the bill when they return in September.
Finally, there is a possibility that Democrats in the House use their leverage to force changes to the
Trump administration's migrant detention policies through the 2020 DHS Appropriations bill.
Progressives and members from border districts have been pushing leadership to include riders in the
spending bill to address the conditions at detention centers.
Asylum Changes: On Monday, July 15th, the Trump administration announced a new policy aimed at
ending asylum protections for migrants arriving at the border between the U.S. and Mexico. This new
policy would require asylum seekers who pass through another country before arriving in the U.S. to
first apply for asylum in that country. If they do not, they will not be eligible for asylum in the United
States.
This policy change raised immediate legal challenges from the ACLU, who called the rule "patently
unlawful," and other groups including the Southern Poverty Law Center and the Center for
Constitutional Rights. On July 24th, a U.S. District Judge in California issued a preliminary injunction
blocking the new asylum restrictions, saying that the rule likely violated federal law by "categorically
denying asylum to almost anyone crossing the border." He also notes that there exists a "mountain" of
evidence that asylum seekers in Mexico are not safe. On the same day, another District Judge in
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Washington D.C. declined to issue a stay, saying that the plaintiffs failed to show how asylum seekers
would be affected by the rule change.
Dreamers/DACA: On June 4th, the House passed the American Dream and Promise Act, an updated
version of the old Dream Act that would grant dreamers 10 years of legal residence status if they meet
certain requirements. The tally was 237-187, largely along party lines although seven Republicans
broke ranks to vote with the majority.
Similar legislation has been introduced in the Senate, but it is unlikely that Senator McConnell will bring
it up for a vote.
Border Wall: On Friday, July 26th, the Supreme Court overruled a lower court decision to allow the
Trump administration to use $2.5 billion in funds that had been appropriated to the DOD for border wall
construction while other litigation over the legality of the matter as w whole proceeds. The 5-4 decision
was unsigned and noted that the groups challenging the White House lack standing. Those groups in
turn argue that the administration does not have the authority to circumvent Congress, which has thus
far declined to appropriate funds for a wall.
Other ICE Legislation Introduced:
• H.R.1013 - ICE and CBP Body Camera Accountability Act (Espaillat D-NY)
Would require U.S. Immigration and Customs Enforcement (ICE) and Customs and Border
Protection (CBP) agents and officers to wear body cameras when engaged in official operations
• H.R.3451 - Humane Enforcement and Legal Protections for Separated Children Act of 2019
(Roybal-Allard D-CA)
This bill would let parents communicate with their children before being separated, allow
detained parents to communicate with their children while the parents are in Immigration and
Customs Enforcement (ICE) detention, and require ICE to consider the best interest of the
children in the detention, release, or transfer of their parents.
• H.R.2522 - HUMANE Act of 2019 (Cuellar D-TX) S.1303 - HUMANE Act of 2019 (Cornyn R-TX)
These bills would amend the Immigration and Nationality Act to address the protective custody of
alien children accompanied by parents.
• H.R.1397 - Notify ICE Act (Cline R-VA)
Would require the national instant criminal background check system to notify U.S. Immigration
and Customs Enforcement of firearm transfer denials by reason of illegal or unlawful presence in
the United States.
• H.R.1998 - Protect DREAMer Confidentiality Act of 2019 (Torres D-CA)
This bill directs DHS to prevent disclosing information from applications to the DACA program to
ICE or CBP, except to implement the program.