7. Washington Watch:

International Harmonization Act of 2010 passed by House of Representatives

The American Immigration Lawyers Association (AILA) reports that the House of Representatives passed the International Adoption Harmonization Act of 2010 by a voice vote on July 20^th, 2010.  This new legislation would allow for an adopted child to legally immigrate if the petition is filed before the child turns 18, raising the age limit from 16.

The bill, HR 5532, was sponsored by Immigration Subcommittee Chairwoman Zoe Lofgren (D-CA).

http://www.aila.org/content/default.aspx?docid=32677

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Senate GOP loses bid to derail Justice Department lawsuit against Arizona immigration law

The Los Angeles Times reports that Senate Democrats were able to stop a Republican effort led by Senator Jim DeMint (R-SC) to block the Justice Department from pursuing its lawsuit against Arizona’s controversial immigration law. 

DeMint hoped to add the measure as an amendment to legislation extending unemployment benefits for people who have been out of work for six months but his effort was defeated by a 55-43 vote.

http://www.latimes.com/news/nationworld/politics/wire/sns-ap-us-arizona-immigration-law,0,3210515.story

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House passes $600M for border security; Senate raises h-1B fees

The Hill reports that on July 28^th the House of Representatives passed legislation that grants funding for more U.S. Border Security agents along the border with Mexico.  The legislation would provide $701 million for hiring over 1,200 Border patrol agents, 500 Customs and Border Patrol agents, and other necessary resources for border security.

In July, the House passed the funds as part of an appropriations bill, but the Senate detached it along with other domestic spending items.  House Speaker Nancy Pelosi (D-CA) commended the legislation but blamed Republicans from blocking it in the Senate.  Though it is unclear whether the Senate will pass the new legislation, this bill ensures that Congress will continue to debate a reform of the immigration system through the August recess.

In addittion, the U.S. Senate has approved an H-1B fee increase of $2000 per application for firms that have 50% of their employees on this visa in order to fund a $600 million ‘emergency package’ to improve security along the Mexican border.  The fee increase will also affect the L-1 visa, but it is unclear whether it would apply only to those firms that are also H-1B dependent.  The $2000 increase may be added to the $320 H-1B filing fee and add-on fees that include a $500 anti-fraud fee that is required for any new H-1B or L-1 visa user and a fee for training U.S. workers that ranges from $750 to $1500.

The legislation was introduced by U.S. Senators Charles Schumer (D-NY) and Claire McCaskill (D-MO) and passed by unanimous consent, but must be reconciled with the House’s $600 million spending bill that does not include the fee increase.

Outsourcing companies with a majority of employees holding H-1B visas such as IT service industry groups Logic Planet Inc. and TechService Alliance are challenging the USCIS over its interpretation of the H-1B rules.  However, experts do not believe the fee increase is enough to offset the cost savings of hiring a guest worker over an American worker.

http://thehill.com/blogs/blog-briefing-room/news/111599-house-passes-701m-for-border-security-

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Memo outlines potential administrative alternatives to legislative immigration reform

The Washington Times reports that a government memo said the Obama administration is considering “a non-legislative” form of comprehensive immigration reform.  Anticipating that Congress might not pass reform legislation this year, four senior officials from the U.S. Citizen and Immigration Services (USCIS) drafted a memo suggesting how USCIS can give permanent resident status to large numbers of illegally present immigrants.  Addressed to USCIS Director Alejandro Mayorkas, the memo lists tools the administration has to ‘reduce threat of removal’ for many illegally present immigrants.  The memo states that ‘USCIS can extend benefits and/or protections to many individuals and groups by issuing new guidance and regulations, exercising discretion with regard to parole-in-place, deferred action and the issuance of Notices to Appear.’

Anti-immigration voices were quick to react. The memo was obtained by Iowa Senator Charles Grassley (R-IA) who characterized the memo as proof of the administration’s plan to ‘circumvent Congress and unilaterally execute a backdoor amnesty plan.’  Rosemary Jenks, government relations manager for NumbersUSA, an organization that advocates for stricter immigration quotas, claimed that Democratic leaders have intentionally allowed comprehensive immigration reform to falter in Congress with hopes of implementing the plan outlined in the memo after the November elections.

Chris Bentley, a spokesman for USCIS, clarified that the memo was simply a proposal meant to spark discussion rather than a final decision.  He emphasized that the Department of Homeland Security still believes that ‘comprehensive bipartisan legislation’ is the best method for initiating immigration reform.  He also stressed that the organization would not grant ‘deferred action or humanitarian parole’ to the entire population of illegally present immigrants but would target specific groups such as students covered by the DREAM Act.

http://www.washingtontimes.com/news/2010/jul/29/memo-outlines-backdoor-amnesty-plan-for-obama/                                                                                   
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Graham does about-face on immigration

The Miami Herald reports that Sen. Lindsey Graham (R-SC) has discussed with other senators a constitutional amendment that would deny American citizenship to children born in the United States to illegally present immigrants.  This idea is a reversal from the leading role he played in the 2007 failed Senate effort to enact comprehensive immigration reform that included a path to legal residency.

Similar bills attempting to eradicate ‘birthright citizenship’ have never advanced far and Graham believes a constitutional amendment would be required. Graham says his goal is to create incentives to come to the United States legally and is pushing to increase the number of foreign employees that companies can sponsor under several government work-visa programs.

Mark Krikorain, an analyst for the Center for Immigration Studies in Washington, said that eliminating ‘birthright citizenship’ would actually increase the number of illegally present immigrants in the US.  Each year nearly 300,000 children are born to illegally present immigrants and they would not be granted citizenship if Graham’s constitutional amendment were to be ratified.

The Hill reports that Senate Minority Leader Mitch McConnell (R-KY) and Senate Minority Whip Jon Kyl (R-AZ) have also proppsed holding a hearing on the amendment.  Rep. Lamar Smith (R-TX) introduced legislation with 93 co-sponsors to deny citizenship to children of undocumented immigrants.

http://www.miamiherald.com/2010/07/29/1752817/graham-does-about-face-on-immigration.html

http://thehill.com/homenews/senate/112287--mcconnell-congress-ought-to-take-a-look-at-alteringimmigration-law

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Feingold nixes GOP request for hearings into 14^th amendment

The Washington Post reports that Senator Russ Feingold (D-WI), chairman of the Constitution Subcommittee, will not honor Republicans request for a hearing into revising the 14^th amendment so that the children of illegally present immigrants would not be guaranteed citizenship.  Sen. Feingold says he believes that bipartisan legislation addressing comprehensive immigration form is a better and more realistic course of action that a constitutional amendment.

Republicans may turn to Senator Patrick Leahy (D-VT) who is chairman of the Judiciary Committee and has the authority to go ahead with the hearings despite Feingold’s opposition.

http://voices.washingtonpost.com/plum-line/2010/08/feingold_nixes_gop_request_for.html

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