115th Congress on immigration, 2017-2018

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Federal policy on immigration, 2017-2020

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For more on immigration policy, view the following articles:
Timeline of federal policy on immigration, 2017-2020
115th Congress on immigration, 2017-2018
Federal policy on border security, 2017-2019
Federal policy on DACA and DAPA, 2017-2020
Federal policy on immigration enforcement and visa programs, 2017-2020
Federal policy on sanctuary jurisdictions, 2017-2018
Sens. Cotton and Perdue's Reforming American Immigration for a Strong Economy Act
Trump administration officials on immigration
Immigration policy in the U.S.
See also: Federal policy on immigration, 2017-2020

In 2018, members of the 115th Congress have been working on a legislative compromise that would address individuals who were brought into the U.S. without legal permission as children and border security. This page outlines key votes on immigration, major legislation on immigration, and the comments of the members of the 115th Congress on immigration. Click on the timeline below to learn more about each headline.

June 21, 2018: House rejects one immigration bill, delays vote on another

On June 21, 2018, the House voted 231-193 to reject an immigration bill proposed by Rep. Bob Goodlatte (R-Va.). All Democratic members of the chamber were joined by 41 Republicans in voting against the bill. The bill would have provided funding for a border wall, modified visa programs to limit legal immigration, mandated the use of a worker verification program, allowed the administration to cut funding to sanctuary cities, allow recipients of DACA to apply for legal status, and prevent families from being separated at the border. Following the bill's defeat, Republican leaders decided to postpone a vote on a compromise bill between conservative and moderate wings of the party.[1]

Speaker Paul Ryan (R-Wis.) told reporters that the potential of the defeat of both bills in the chamber would not be the end of the issue. "I think we’re advancing the cause even if something doesn’t pass. I think these are the seeds that are going to be planted for an ultimate solution," he said.[2]

Securing America’s Future Act of 2018 (HR 4760)

Red x.svg Bill Failed (193-231) on June 21, 2018
Proposed funding a border wall, limiting legal immigration, a mandatory worker verification program, allowing DACA recipients to apply for legal status, and preventing separation of families at the border.[3]

June 19, 2018: Senate GOP consider bills aimed at policy calling for separation of children from parents crossing border illegally

On June 19, 2018, Senate Majority Leader Mitch McConnell (R-Ky.) said, "I support, and all of the members of the Republican conference support, a plan to keep families together while their immigration status is determined. This requires a solution, a narrow agreement to fix a problem that we all agree needs to be fixed." According to The Washington Post, Senators John Cornyn (R-Tex.) and Ted Cruz (R-Tex.) were each drafting separate bills designed to address this issue.[4] Senate Minority Leader Chuck Schumer (D-N.Y.) dismissed a legislative solution, saying, "Anyone who believes this Republican congress is capable of addressing this issue is kidding themselves. The president can end this crisis with the flick of his pen, and he needs to do so now."[5]

The policy in question, which calls for the prosecution of parents who cross the U.S. border illegally with their children, was announced onn May 7, 2018, by Attorney General Jeff Sessions (R). Sessions said, “I have put in place a zero tolerance policy for our Southwest border. If you cross the border illegally, we will prosecute you. It’s that simple. If you smuggle illegal aliens across our border, then we will prosecute you. If you are smuggling a child, then we will prosecute you and that child will be separated from you as required by law. If you make false statements to an immigration officer or file a fraudulent asylum claim, that’s a felony. If you help others to do so, that’s a felony, too. You’re going to jail. So if you’re going to come to this country, come here legally. Don’t come here illegally.”[6]

Under the policy, parents are separated from their children while their cases for asylum are considered. The children are placed in shelters or with families while their parents are detained. The policy only applies to those crossing the border illegally, not those who request asylum at ports of entry. Those caught crossing the border illegally are still able to apply for asylum.[7]

June 14, 2018: House GOP leadership releases immigration bill

On June 14, 2018, House Republican leadership released the Border Security and Immigration Reform Act of 2018. The bill proposed the following:[8][9]

  • After six years, individuals could apply for a green card, setting them on a path to citizenship;

GOP leadership introduced the bill two days after they struck a deal with conservatives and moderates in their party on immigration. Leadership agreed to vote on Goodlatte's bill, which had the backing of conservatives in the House Freedom Caucus, and the compromise bill to prevent centrist Republicans from signing a discharge petition with Democrats to force votes on a series of four immigration bills.[10]

President Donald Trump said that he would sign Goodlatte’s bill or the compromise measure.[11] Both this bill and Goodlatte's bill were scheduled to be brought to the House floor for a vote on June 21, 2018.[12]

June 12, 2018: House Republicans agree to vote on DACA bills as discharge petition fails to earn support

On June 12, 2018, House Speaker Paul Ryan’s (R-Wis.) office announced that House Republicans would vote on two bills that address the status of children who were brought to the U.S. without legal authorization, also known as Dreamers. His office said that votes would be held on Rep. Bob Goodlatte’s (R-Va.) bill and a bill characterized as compromise between moderate and conservative Republicans.[10]

AshLee Strong, a spokeswoman for Ryan, said, “Members across the Republican Conference have negotiated directly and in good faith with each other for several weeks, and as a result, the House will consider two bills next week that will avert the discharge petition and resolve the border security and immigration issues. The full Conference will discuss tomorrow morning and we’ll have more to share at that point.”[10]

GOP leadership agreed to vote on Goodlatte's bill, which had the backing of conservatives in the House Freedom Caucus, and a compromise bill to prevent centrist Republicans from signing a discharge petition with Democrats to force votes on a series of four immigration bills. When the compromise was announced, the discharge petition was two signatures short of the 218 required to trigger a “Queen of the Hill” voting procedure. The procedure would have allowed for votes on four immigration bills, and the one that received the most votes would pass.[10]

If the House passed Goodlatte's bill or the compromise bill, it was unlikely that it would be taken up by the Senate. Senate Majority Leader Mitch McConnell (R-Ky.) said that the Senate would likely not vote on immigration in 2018. In February, four immigration proposals failed in the upper chamber.[10]

Twenty-three House Republicans, mostly moderates, those in districts with large Hispanic populations, and those in districts Democratic presidential nominee Hillary Clinton won in 2016, supported the discharge petition, including Reps. Jeff Denham (R-Calif.) and Will Hurd (R-Texas).[13]

Rep. Jimmy Gomez (D-Calif.) was concerned that the petition could help get Republicans elected. He said, “I think that right now they are getting all of the benefits of acting like they’re doing something on immigration reform and helping DACA without actually putting a bill forward for a vote.”[13]

February 15, 2018: Senate rejects four immigration reform proposals

On February 15, 2018, the Senate began voting on a series of immigration bills aimed at finding a legislative fix for the expiring Deferred Action for Childhood Arrivals (DACA) program and border security measures. All of the measures failed to earn enough support for passage.

By a vote 52-47, the Senate rejected a measure from Sens. Chris Coons (D-Del.) and John McCain (R-Ariz.) that proposed a path to citizenship for 1.8 million individuals brought into the U.S. without legal permission as children and included a study to determine what border security measures were needed. It also proposed requiring the U.S. Department of Homeland Security (DHS) to secure the U.S.-Mexico border by 2021. It did not include any funding for border security. Forty-six Democrats, four Republicans—Sens. Jeff Flake (R-Ariz.), Cory Gardner (R-Colo.), Lindsey Graham (R-S.C.), and Lisa Murkowski (R-Alaska)—and Sens. Angus King (I-Maine) and Bernie Sanders (I-Vt.) voted to proceed to a vote on the bill. Forty-six Republicans and Sen. Joe Manchin (D-W.Va.) voted against the motion. Sen. John McCain (R-Ariz.) did not vote. The motion needed 60 votes to proceed to a vote on the final bill.[14][15]

The Senate also rejected an amendment from Sen. Pat Toomey (R-Pa.) that proposed withholding “certain non-law enforcement federal grant funds from ‘sanctuary cities’ -- jurisdictions that forbid their local law enforcement officers from cooperating with federal immigration officials, even when they wish to do so,” according to a press release from Toomey’s office. The legislation was rejected by a vote of 54-45. Fifty Republicans, four Democrats—Sens. Joe Donnelly (D-Ind.), Joe Manchin (D-W.Va.), Claire McCaskill (D-Mo.), and Debbie Stabenow (D-Mich.)—voted to proceed to a vote on the final amendment. Forty-three Democrats and Sens. Angus King (I-Maine) and Bernie Sanders (I-Vt.) voted against proceeding to a vote. Sen. John McCain (R-Ariz.) did not vote. Sixty votes were needed to overcome the procedural hurdle.[16][17]

By a vote of 54-45, the Senate rejected a bipartisan proposal from the Common Sense Coalition, a group of centrist senators, that proposed a path to citizenship for 1.8 million individuals brought into the U.S. without legal permission as children, $25 billion for border security, and limitations on family-based immigration. President Donald Trump threatened to veto the legislation because it did not include all of his immigration reform priorities. Forty-four Democrats, eight Republicans—Sens. Lamar Alexander (R-Tenn.), Susan Collins (R-Maine), Jeff Flake (R-Ariz.), Cory Gardner (R-Colo.), Lindsey Graham (R-S.C.), Johnny Isakson (R-Ga.), Lisa Murkowski (R-Alaska), and Mike Rounds (R-S.D.)—and Sens. Angus King (I-Maine) and Bernie Sanders (I-Vt.) voted to proceed to a vote on the final legislation. Forty-two Republicans and three Democrats—Sens. Kamala Harris (D-Calif.), Martin Heinrich (D-N.M.), and Tom Udall (D-N.M.)—voted against proceeding to a vote. Sen. John McCain (R-Ariz.) did not vote. Sixty votes were needed to overcome the procedural hurdle.[18][19]

By a vote of 39-60, the Senate rejected a proposal from Sen. Chuck Grassley (R-Iowa) that included President Donald Trump's four immigration reform pillars. It proposed a path to citizenship for 1.8 million individuals brought into the U.S. without legal permission as children, $25 billion for border security, limits on chain migration or family-based migration, and eliminating the visa lottery system.[20]

After the votes, it was unclear how Congress would address DACA and other immigration reform measures.

February 14, 2018: McConnell schedules procedural votes for immigration proposals

On February 14, 2018, Senate Majority Leader Mitch McConnell (R-Ky.) scheduled procedural votes for the following immigration proposals to address the expiring Deferred Action for Childhood Arrivals (DACA) program and border security:

  • A measure from Sens. Chris Coons (D-Del.) and John McCain (R-Ariz.) that proposed a path to citizenship for individuals brought into the U.S. without legal permission as children and included a study to determine what border security measures were needed. It did not include any funding for border security.[21]
  • An amendment from Sen. Pat Toomey (R-Pa.) that proposed withholding “certain non-law enforcement federal grant funds from ‘sanctuary cities’ -- jurisdictions that forbid their local law enforcement officers from cooperating with federal immigration officials, even when they wish to do so,” according to a press release from Toomey’s office.[22]
  • A bipartisan proposal from the Common Sense Coalition, a group of centrist senators, that proposed a path to citizenship for 1.8 million individuals brought into the U.S. without legal permission as children, $25 billion for border security, and limitations on family-based immigration.[18]
  • A proposal from Sen. Chuck Grassley (R-Iowa) that included President Donald Trump's four immigration reform pillars. It proposed a path to citizenship for 1.8 million individuals brought into the U.S. without legal permission as children, $25 billion for border security, limits on chain migration or family-based migration, and eliminating the visa lottery system.[23]

For one of the measures to proceed to a final vote, the legislation needed 60 votes to overcome the procedural hurdle. The measure also needed bipartisan support since there were 51 Republican senators and 49 senators who caucus with Democrats. None of the proposals received enough support to move forward.[24]

February 14, 2018: Bipartisan group proposes legislative compromise

A bipartisan group of U.S. senators, the self-described Common Sense Caucus, reached a compromise on a proposal for immigration legislation. The legislation proposed granting legal status to 1.8 million immigrants residing in the country without legal permission and $25 billion for border security construction projects over the course of the next decade. The bill also proposed placing some limitations on family-based immigration. It did not include a measure to eliminate the visa lottery system as President Donald Trump (R) had urged. Prior to the compromise, President Trump issued a statement in support of an immigration proposal issued earlier in the week by a group of Republican senators lead by Sen. Chuck Grassley (R-Iowa) and stated that he would not support a partial immigration proposal that did not fulfill his full vision.[18][25]

January 18, 2018: Sens. Cotton, Perdue, and Grassley write op-ed calling for end to chain migration

On January 18, 2018, Sens. Tom Cotton (R-Ark.), David Perdue (R-Ga.), and Chuck Grassley (R-Iowa) wrote an op-ed arguing that any immigration legislation to address DACA recipients had to include an end to chain migration, also known as family-based migration.[26]

The senators wrote that they had sympathy for DACA recipients who were “were brought to this country through no fault of their own.” They then wrote that legislation needed to be passed to address DACA recipients and chain migration so this issue did not repeat itself in the future. They wrote, “Any steps we take to address the status of DACA recipients must be structured to prevent this same legal limbo down the road. That’s why any meaningful immigration deal must, among other things, put an end to chain migration.”[26]

Writing about chain migration, they noted that unlike “other advanced industrialized countries, our nation also gives preferences to the extended family members of citizens. While well intentioned, this policy has had some unfortunate consequences. This policy has spurred a wave of mostly unskilled immigration into our country. Today, only one in 15 of the more than 1 million immigrants who are admitted every year are given a visa because of their job skills or entrepreneurial ability. The other 14 immigrants are admitted without regard to their skills. That means that every year we are admitting hundreds of thousands of workers with almost no consideration for the impact their immigration will have on American jobs and wages. … This policy puts downward pressure on the wages of people who toil with their hands, who work on their feet.”[26]

They wrote that the consequence of not ending chain migration would be to “encourage low-skilled parents from around the world to illegally immigrate to this country with their small children in hopes of obtaining citizenship. And once they and their children receive citizenship, other extended family members will follow, continuing a never-ending cycle of falling wages and mass migration.”[26]

January 17, 2018: Durbin and Graham release immigration bill

On January 17, 2018, Sens. Dick Durbin (D-Ill.) and Lindsey Graham (R-S.C.) introduced their immigration bill. The bill proposed the following:[27]

  • Appropriating $2.705 billion for border security;
  • Eliminating the visa lottery program;
  • Making the Deferred Action for Childhood Arrivals (DACA) program permanent and offering a pathway to citizenship for those who qualify; and
  • Limiting chain migration, also known as family-based migration.

Sens. Bob Menendez (D-N.J.), Michael Bennet (D-Colo.), Jeff Flake (R-Ariz.), Cory Gardner (R-Colo.), Lisa Murkowski (R-Alaska), Lamar Alexander (R-Tenn.), Susan Collins (R-Maine), and Mike Rounds (R-S.D.) expressed their support for the proposal.[27]

Speaking about DACA recipients, Graham said, "We'd be crazy to want them to leave. If you met any of these Dream Act kids, the last thing you'd want is for them to leave. At the end of the day there's a deal to be had; it just needs to be done. The reason this bipartisan group that I'm part of came about is because no one was doing much of anything."[27]

White House chief of staff John Kelly said that President Donald Trump did not approve of the bill. He said, "His sense was, two things. It fell short of certainly what he was looking for based on the Thursday conversation and other conversations,. But more to the point, it did not include all of the senators that have been involved in all of the discussions about DACA and certainly did not involve the House."[27]

Sens. Thom Tillis (R-N.C.) and James Lankford (R-Okla.) said that they would not support the bill in the following statement: "Unfortunately, the 'Gang of Six' proposal falls short since it fails to include even basic border security reforms."[27]

Sens. Chuck Grassley (R-Iowa), Tom Cotton (R-Ark.), and David Perdue (R-Ga.), also said that they would not support the bill in the following statement: "The Durbin-Graham-Flake proposal would do nothing to solve the underlying problem in our current immigration system. It does not take the needed steps to fix our porous border and it fails to empower law enforcement to apprehend and remove dangerous criminals who are here illegally."[27]

On January 23, 2018, White House press secretary Sarah Huckabee Sanders said that Trump would not sign the bill if passed by Congress. She said, “It’s totally unacceptable to the president and should be declared dead on arrival.”[28]

January 10, 2018: Goodlatte, McCaul, Labrador, and McSally introduce the Securing America's Future Act

On January 10, 2018, House Judiciary Committee Chairman Bob Goodlatte (R-Va.), House Homeland Security Committee Chairman Michael McCaul (R-Texas), House Judiciary Committee Immigration and Border Security Subcommittee Chairman Raul Labrador (R-Idaho), and House Homeland Security Committee Border and Maritime Security Subcommittee Chairwoman Martha McSally (R-Ariz.) introduced HR 4760—the Securing America's Future Act.[29][30][31][32]

The bill proposed the following:[32]

  • Authorizing the construction of a southern border wall;
  • Allowing Deferred Action for Childhood Arrivals (DACA) recipients to receive a 3-year renewable legal status;
  • Ending chain migration, also known as family-based migration;
  • Ending the Diversity Immigrant Visa Program;
  • Requiring employers to use the E-Verify system to ensure that employees have legal permission to work in the country;
  • Withholding federal funding from sanctuary jurisdictions;
  • Authorizing an additional 5,000 Border Patrol Agents and 5,000 Customs and Border Protection Officers;
  • Requiring the use of a biometric entry-exit system at all ports of entry;
  • Investing in new border technology;
  • Modernizing and expanding ports of entry;
  • Increasing the number of green cards available for skilled workers; and
  • Creating an agricultural guestworker program.

The bill's sponsors said the following about the bill:

  • Goodlatte: “Years of lax enforcement policies have wreaked havoc on our borders. Millions of people have been allowed to flout our immigration laws. We can’t let these dangerous and foolish policies continue. With the introduction of the Securing America’s Future Act we have an historic opportunity to fix our broken immigration system. The only way to reduce illegal immigration is to address both enforcement of our immigration laws in the interior of our country and to secure our borders. This carefully crafted legislation, which is aligned with the White House's immigration priorities, combines enforcement measures and increased border security to enhance public safety, ensure the door remains open to law-abiding immigrants, and restore the rule of law.”[29]
  • McCaul: “Our current border security and immigration system is failing the American people. For too long drug smugglers, human traffickers, and transnational gang members like MS-13 have exploited our vulnerabilities at our borders. It’s time to end this crisis once and for all. This bill offers common-sense solutions that will finally secure our borders, better support our frontline defenders, strengthen interior enforcement, and get tough on those who break our immigration laws. With this President at the helm, we have the opportunity to provide the security and rule of law our founding fathers intended.”[29]
  • Labrador: “The purpose of our legislation is simple: to help President Trump keep his promise to the American people to fix our broken immigration system. Our bill will modernize America’s immigration system for the next generation, enacting conservative reforms that will make our nation strong. These reforms include authorizing funding for the border wall, stronger interior enforcement, mandatory E-Verify, and ending chain migration and the diversity visa lottery. Our bill will also strengthen our economy and create jobs by transitioning to a merit-based legal immigration system that puts the needs of the American people first.”[29]
  • McSally: “Our unsecure border and broken immigration system threaten our country’s safety and prosperity; no one knows this better than Arizona. As if the most recent terrorist attacks don’t stand as reason enough, sophisticated drug cartels, human traffickers, and an opioid crisis all point to the need for action. Now is the time. Our legislation finally strengthens America’s borders. It moves us towards a merit-based immigration system. It includes funds for necessary infrastructure, interior law enforcement, a biometric exit-entry system, and an e-verify system for employers so that our immigration laws are enforced. It cracks down on sanctuary cities and focuses on public safety of our citizens like Kate Steinle who was killed by a man deported 5 times. And it also puts more boots on the border and supports our Border Patrol Agents and CBP officers on the frontlines. America is the most generous and welcoming nation in the world, and that will continue. But we won’t be taken advantage of any longer.”[29]

Both this bill and a separate bill were scheduled to be brought to the House floor for a vote on June 21, 2018.[12]

January 9, 2018: Members of Congress attend bipartisan meeting on immigration at the White House

On January 9, 2018, a bipartisan group of members of Congress met with President Donald Trump to discuss immigration reform. The comments of those in attendance appear below.[33]

  • Rep. Bob Goodlatte (R-Va.) said, “So, tomorrow, Chairman McCaul and Congresswoman McSally and Congressman Labrador — we’re the chairmen of the two committees and the chairmen of the two subcommittees — are going to introduce a bill that addresses the DACA concerns. And let me thank you, Mr. President, both — I was an immigration lawyer before I was elected to Congress. I want to thank you both for campaigning on securing our borders and the interior of our country, but also on addressing DACA in a way that makes sense. Don’t do it ad hoc; do it through the congressional process. So you’ve challenged us, and we should step up to that challenge. And we’re going to do it in a bipartisan fashion, but we have to put our best foot forward. And we’re going to do that with this legislation. It’s going to address DACA in a permanent way, not a temporary short-term thing. We’re going to address the border enforcement and security and the wall. We’re going to address — in Mr. McCaul’s bill, we’re going to address interior enforcement, but not everything that the administration had on its list. We’re going to address chain migration. We’re going to end the visa lottery program. We’re going to address sanctuary cities and Kate’s Law. We think it is a good bill that will both address the two things our Speaker told us right after you made your decision, which is, we have to address the problem we have with the DACA kids being in limbo, as Dick Dubin described it, and I agree with that. But we also have to make sure this does not happen again.”
  • Sen. Dick Durbin (D-Ill.) said, “We want a safe border in America, period, both when it comes to the issues of illegal migration, but also when it comes to drugs and all these other areas. Now, I will say that there is a sense of urgency that’s felt by many of us when it comes to this issue. There are many of these young people who are losing the protection of DACA on a daily basis. As of March 5th, a thousand a day will lose DACA protection. Nine hundred of them are members of the U.S. military. Twenty thousand of them are schoolteachers. In my state of Illinois and the city of Chicago, there are 25 of them in medical school who can’t apply for a residency if they lose their DACA status. So lives are hanging in the balance of our getting the job done. We’ve got the time to do it. In a matter of days — literally of days — we can come together and reach an agreement. And when that happens, I think good things will happen in other places.”
  • Rep. Steny Hoyer (D-Md.) said, “Eighty-six percent of the American people in the most recent poll are for ensuring, as you have said, not providing for DACA-protected kids to go to a place that they don’t know, they didn’t grow up in, and it’s not their home. They’re Americans. They don’t have a piece of paper that says they’re Americans, but they’re Americans. And it seems to me, Mr. President, if we’re going to move ahead in a constructive way, that we take that on which we agree — pass it. The American public will be pleased with all of us if we do that. … Democrats are for security at the borders; I want to state that emphatically. There is not a Democrat that is not for having secure borders. There are obviously differences however, Mr. President, on how you effect that. You just indicated that yourself. And you indicated this would be a first step, and then we continue to talk as we’re talking today about how we best secure the border. There are differences of opinion within your party and within in our party. So I would urge that we move forward on protecting the DACA-protected individuals — young people, young adults, as you pointed out in one of your statements — who are productive parts of our community — that we protect them and get that done. And then, because I think everybody around the table, as you pointed out, is for security — and then the issue is going to be how do we best effect that border security. So I would urge us to move, as Senator Durbin has urged us to move, on the DACA students.”
  • Rep. Kevin McCarthy (R-Calif.) said, “The one thing I don’t want to have happen here is what I saw in the past. There were four bills that were passed on border security years ago that never got finished. There were immigration bills passed that — we’re right back at the table with the same problem. Let’s make a commitment to each one, and, most importantly, to the American people, that, when we get done and come to an agreement, that we’re not back at this problem three, four years from now. That’s why — yes, we’ve got to do DACA, and I agree with you 100 percent — but if we do not do something with the security, if we do not do something with the chain migration, we are fooling each other that we solved the problem. You know how difficult this issue is. So let’s collectively — we’re here at the table together. I’ll be the first one to tell you, we’re all going to have to give a little, and I’ll be the first one willing to. But let’s solve the problem — but let’s not tell the American public at the end that it’s solved when it’s not.”
  • Sen. David Perdue (R-Ga.) said, “Well, yeah, my observation is that three times in the last eleven years, well-intentioned people, some of whom are in this room, attempted to do what we’re starting to try to do today, and we failed. And I think the difference is, is their mission creep ended up in an effort that became too comprehensive. And so, today, my encouragement for all of us is to do what Dick has been trying to do and talks about repeatedly, and that is to limit the scope of this. And I like the idea that both sides have pressure to solve the DACA issue. But I think the bigger issue here is not just the DACA issue, but what we can do to start the path to the steps that solve this immigration problem. For several reasons — there are social issues; there are political issues; there are economic issues about our workforce that have to be addressed. But limiting this to the legal immigration side and combining the balance between various solutions on DACA; DREAMers, if it gets in the conversation; as well border security and chain migration, I think therein lies the balance of a good deal that can be done. And I don’t think — I agree with Dick. I don’t think it’s going to take long to get it done if we just lock ourselves in a room and make it happen.”
  • Rep. Martha McSally (R-Ariz.) said, “Senator Durbin mentioned that lives are hanging in the balance. As we come up on the January 19th deadline, the lives that are hanging in the balance are those of our military that are needing the equipment and the funding and everything they need in order to keep us safe, and we should not playing politics on this issue to stop our military from getting the funding that they need. I think we have the right people in the room to solve this issue. The deadline is March 5th. Let’s roll up our sleeves and work together on this. But those who need us right now before the January 19 deadline is our military. And let’s not play politics with that. Let’s give them what they need to keep us safe.”
  • Sen. Lindsey Graham (R-S.C.) said, “I’ve been doing this for 10 years — I don’t think I’ve seen a better chance to get it done than I do right now, because of you. John’s right — I’m not going to support a deal if you don’t support it. I’ve had my head beat out a bunch; I’m still standing. I’m ‘Lindsey Grahamnesty,’ ‘Lindsey Gomez’ — you name every name you want to give to me, it’s been assigned to me. And I’m still standing. The people of South Carolina want a result. How can I get a letter? I’ve been for a pathway to citizenship for 11 million people because I have no animosity toward them. I don’t want crooks, I don’t want ‘bad hombres.’ I want to get a merit-based immigration system to make sure we can succeed in the 21st century, and I’m willing to be more than fair to the 11 million. I just don’t want to do this every 20 years. Now, we made a decision, Mr. President, not to do it comprehensively. I think that’s a smart decision but a hard decision. We’ve passed three comprehensive bills out of the Senate with over 55 votes. They go to the House and die, and I’m not being disparaging to my House colleagues, this is tough politics if you’re a Republican House member turning on the radio. To my Democratic friends, thanks for coming. The Resist Movement hates this guy. They don’t want him to be successful at all. You turn on Fox News, and I can hear the drumbeat coming. Right-wing radio and TV talk show hosts are going to beat the crap out of us because it’s going to be amnesty all over again. I don’t know if the Republican and Democratic Party can define love, but I think what we can do is do what the American people want us to do. Sixty-two percent of the Trump voters support a pathway to citizenship for the DACA kids if you have strong borders. You have created an opportunity in here, Mr. President, and you need to close the deal.”

August 2, 2017: Sens. Cotton and Perdue introduce Reforming American Immigration for a Strong Economy Act

See also: Sens. Cotton and Perdue's Reforming American Immigration for a Strong Economy Act

The Reforming American Immigration for a Strong Economy (RAISE) Act was introduced by Senators Tom Cotton (R-Ark.) and David Perdue (R-Ga.) on August 2, 2017, to modify the country's immigration system. The bill proposed moving away from the system of awarding visas based on various categories of employment and instead proposed implementing a points-based system. The bill also proposed eliminating the Diversity Lottery and chain migration or family-based immigration for parents, siblings, and adult children; spouses and minor children would still be eligible for family-based immigration. Permanent visas given to refugees would be capped at 50,000 annually.

President Donald Trump endorsed the bill on August 2, 2017, stating, "This legislation will not only restore our competitive edge in the 21st century, but it will restore the sacred bonds of trust between America and its citizens."[34]

Summary of plan

Diversity Lottery

The bill would eliminate the Diversity Lottery program, which issues 50,000 visas annually for immigrants who are citizens of countries from where few immigrants have come to the United States in the past.[35]

Refugee admissions

The bill would limit the number of refugees accepted into the United States each year to 50,000. It would not place a cap on the number of individuals granted asylum, but would require the president to annually state the number of asylees admitted over the previous year. The difference between refugees and asylees rests on where the application for entry is submitted. Refugees are those who apply for protection in the United States while still residing overseas; asylees are individuals who request protection at the border or from within the United States.[35][36]

Chain or family-based immigration

The bill would revise the definition of immediate relative to exclude parents, siblings, and adult children. This means that only spouses and minor children would be considered immediate relatives eligible to be sponsored by a United States citizen or permanent resident for immigration. Family-based immigration would be capped at 88,000 individuals per year.[35]

Under the bill, adult children citizens may sponsor their parents as nonimmigrants, meaning they could enter the United States on a temporary basis. The bill would set this limit at 5 years, which could be extended by additional 5-year periods as long as the adult citizen resided in the United States.[35]

Employment-based immigration

The bill would move away from the system of awarding visas based on various categories of employment and instead implement a points-based system. Under the points-based system, potential immigrants would earn points "based on education, English-language ability, high-paying job offers, age, record of extraordinary achievement, and entrepreneurial initiative." The points would be awarded in the following manner:

AgeBildungEnglish-language test scoresAchievementJob offerInvestment
•18-21: 6 points•High school degree: 1 point•1st-5th deciles: 0 points•Nobel Laureate: 25 points•Salary 150-200% above median: 5 points•Applicant invests $1,350,000: 6 points
•22-25: 8 points•Foreign bachelor's degree: 5 points•6th-7th deciles: 6 points•Olympic medalist: 15 points•Salary 200-300% above median: 8 points•Applicant invests $1,800,000: 12 points
•26-30: 10 points•U.S. bachelor's degree: 6 points•8th decile: 10 points•Salary over 300% above median: 13 points
•31-35: 8 points•Foreign master's STEM degree: 7 points•9th decile: 11 points
•36-40: 6 points•U.S. master's STEM degree: 8 points•10th decile: 12 points
•41-45: 4 points•Foreign doctorate STEM degree: 10 points
•46-50: 2 points•U.S. doctorate STEM degree: 13 points
•51+: 0 points

An individual would need to earn 30 points before becoming eligible for a visa; they would then join a pool of other eligible individuals, from which U.S. Citizenship and Immigration Services would twice per year select individuals with the most points to fill out applications. Up to 140,000 immigrants would be granted employment-based visas annually.[35]

Eligible individuals would remain in the pool for 12 months; if they were not selected during that time, they would have to submit a new application.[35]

Key votes on immigration

See also: Key votes: 115th Congress, 2017-2018

Senate

Immigration reform proposal from Sen. Chuck Grassley and the Trump administration (S Amdt 1959 to HR 2579)

Red x.svg Cloture Motion Rejected (39-60, 3/5 majority required) on February 15, 2018
Proposed providing a path to citizenship for 1.8 million individuals brought into the U.S. without legal permission as children, $25 billion for border security, limits on chain migration or family-based migration, and eliminating the visa lottery system.[37]
  • The details: Forty-four Democrats, 14 Republicans, and Sens. Angus King (I-Maine) and Bernie Sanders (I-Vt.) voted against proceeding to a vote on the legislation. Thirty-six Republicans and three Democrats—Sens. Joe Donnelly (D-Ind.), Heidi Heitkamp (D-N.D.), and Joe Manchin (D-W.Va.)— voted to proceed to a vote on the final legislation. Sen. John McCain (R-Ariz.) did not vote. Sixty votes were needed to proceed to a vote on the final amendment. The legislation proposed a path to citizenship for 1.8 million individuals brought into the U.S. without legal permission as children, $25 billion for border security, limits on chain migration or family-based migration, and eliminating the visa lottery system.

Immigration reform proposal from the Common Sense Coalition (S Amdt 1958 to HR 2579)

Red x.svg Cloture Motion Rejected (54-45, 3/5 majority required) on February 15, 2018
Proposed providing a path to citizenship for individuals brought into the U.S. without legal permission as children, $25 billion for border security, and limitations on chain or family-based immigration.[38]

Stop Dangerous Sanctuary Cities Act amendment (S Amdt 1948 to S Amdt 1959)

Red x.svg Cloture Motion Rejected (54-45, 3/5 majority required) on February 15, 2018
Proposed withholding funding from sanctuary jurisdictions for not cooperating with federal immigration officials.[39]
  • The details: Fifty Republicans, four Democrats—Sens. Joe Donnelly (D-Ind.), Joe Manchin (D-W.Va.), Claire McCaskill (D-Mo.), and Debbie Stabenow (D-Mich.)—voted to proceed to a vote on the final amendment. Forty-three Democrats and Sens. Angus King (I-Maine) and Bernie Sanders (I-Vt.) voted against proceeding to a vote. Sen. John McCain (R-Ariz.) did not vote. Sixty votes were needed to proceed to a vote on the final amendment. The amendment proposed withholding “certain non-law enforcement federal grant funds from ‘sanctuary cities’ -- jurisdictions that forbid their local law enforcement officers from cooperating with federal immigration officials, even when they wish to do so,” according to a press release from Sen. Pat Toomey’s (R-Pa.) office.

Coons-McCain immigration plan (S Amdt 1955 to S Amdt 1958)

Red x.svg Cloture Motion Rejected (52-47, 3/5 majority required) on February 15, 2018
Proposed providing a path to citizenship for individuals brought into the U.S. without legal permission as children and conducting a study to determine what border security measures were needed. It also proposed requiring the U.S. Department of Homeland Security (DHS) to secure the U.S.-Mexico border by 2021.[40]
  • The details: Forty-six Democrats, four Republicans—Sens. Jeff Flake (R-Ariz.), Cory Gardner (R-Colo.), Lindsey Graham (R-S.C.), and Lisa Murkowski (R-Alaska)—and Sens. Angus King (I-Maine) and Bernie Sanders (I-Vt.) voted to proceed to a vote on the legislation. Forty-six Republicans and Sen. Joe Manchin (D-W.Va.) voted against the motion. Senator John McCain (R-Ariz.) did not vote. Sixty votes were needed to proceed to a vote on the final amendment. The legislation proposed a path to citizenship for 1.8 million individuals brought into the U.S. without legal permission as children and included a study to determine what border security measures were needed. It also proposed requiring the U.S. Department of Homeland Security (DHS) to secure the U.S.-Mexico border by 2021. It did not include any funding for border security.

House

Securing America’s Future Act of 2018 (HR 4760)

Red x.svg Bill Failed (193-231) on June 21, 2018
Proposed funding a border wall, limiting legal immigration, a mandatory worker verification program, allowing DACA recipients to apply for legal status, and preventing separation of families at the border.[41]
  • The details: Forty-one Republicans and 190 Democrats voted in opposition of the bill. One hundred and ninety-three Republicans voted for the bill. One Republican and three Democrats did not vote. The bill proposed Proposed funding a border wall, limiting legal immigration, mandatory worker verification program, allow DACA recipients to apply for legal status, and prevent separation of families at the border.[42]

Kate's Law (HR 3004)

Yes check.svg Bill Passed (257-167) on June 29, 2017
Proposed increasing criminal penalties for individuals in the country illegally who were convicted of certain crimes, deported, and then re-entered the U.S. illegally.[43]
  • The details: Two hundred and thirty-three Republicans and 24 Democrats voted in favor of the bill. One hundred and sixty-six Democrats and one Republican—Rep. Justin Amash (R-Mich.)—voted against the bill. Six Republicans and three Democrats did not vote. The bill proposed enhancing penalties for deported felons who return to the United States. According to the Republican Policy Committee, "The bill is named after Kate Steinle, who was murdered in San Francisco by an unlawful immigrant who had previously been deported five times and was convicted of multiple felonies."[44]

No Sanctuary for Criminals Act (HR 3003)

Yes check.svg Bill Passed (228-195) on June 29, 2017
Proposed withholding federal funds from states and localities that chose not to follow federal immigration laws.[45]

Comments from members of the 115th Congress on immigration

See also: Federal policy on immigration, 2017-2020
  • March 9, 2017: Politico reported that Sen. Cory Gardner (R-Colo.), the chair of the National Republican Senatorial Committee, opposed the construction of a wall along the U.S.-Mexico border. He said, "As far as the wall goes, I believe we have to have border security, but I do think billions of dollars on a wall is not the right way to proceed." He suggested security personnel and an electric fence as possible alternatives to a wall for border security.[46]
  • March 8, 2017: Members of the House Judiciary Committee indicated that the EB-5 immigrant investor program—which allows individuals who invest $1 million in the U.S. or $500,000 in high unemployment areas to obtain a green card—should be altered or discontinued at the end of April. Rep. Jim Sensenbrenner (R-Wis.) said, "The days of last-minute extensions and continuing resolutions are over. Let me repeat that: No more extensions in CRs." Rep. John Conyers (D-Mich.) similarly said, "I must reiterate to achieve the necessary reforms to the EB5 programs, there is no substitute to a meaningful legislative solution, and absent significant reform, either regulatory or legislative, I will not be able to support continued authorization of this program." Proposals to modify the program included raising the minimum investment threshold from $500,000 to $1.35 million and narrowing the requirements for what qualifies as a high unemployment area.[47]
  • February 11, 2017: Rep. Luke Messer (R-Ind.) sent a letter to Trump asking him to issue an order to prevent immigrants residing in the country illegally from benefitting from the child tax credit. Messer said, “Most Americans are astonished to learn that each year billions of taxpayer dollars are given out to people who are in our country illegally. This is just one example of how our broken tax and immigration systems continue to incentivize immigrants to come here illegally. It’s long past time to change it.” In January 2017, Messer introduced HR 363 to "ensure that only taxpayers with a valid Social Security Number are able to claim the Child Tax Credit and the Additional Child Tax Credit."[48][49]
  • February 7, 2017: Sens. Tom Cotton (R-Ark.) and David Perdue (R-Ga.) announced the Reforming American Immigration for Strong Employment (RAISE) Act, which would reduce legal immigration by 50 percent. The bill would eliminate immigration preferences for certain categories of extended and adult family members, end the Diversity Immigrant Visa Program, and limit permanent refugee resettlement to 50,000 individuals per year.[50]
  • January 30, 2017: Senate Minority Leader Chuck Schumer (D-N.Y.) and House Minority Leader Nancy Pelosi (D-Calif.) led a rally, along with other congressional Democrats, in front of the Supreme Court to oppose Trump's executive orders on immigration. "This order is against what we believe in in America. The order will make us unsafe. The order will make us inhumane. And the order will make us less of America because this order is what America is all about. It will make us unsafe because it will encourage those who are lone wolves as they get more and more isolated, which is our greatest danger," Schumer said.[51]
  • January 29, 2017: U.S. Sens. John McCain (R-Ariz.) and Lindsey Graham (R-S.C.) issued the following joint statement, in part, in opposition to Trump's executive orders on the refugee admission program and immigration:
" Our government has a responsibility to defend our borders, but we must do so in a way that makes us safer and upholds all that is decent and exceptional about our nation.

It is clear from the confusion at our airports across the nation that President Trump’s executive order was not properly vetted. We are particularly concerned by reports that this order went into effect with little to no consultation with the Departments of State, Defense, Justice, and Homeland Security.

Such a hasty process risks harmful results. We should not stop green-card holders from returning to the country they call home. We should not stop those who have served as interpreters for our military and diplomats from seeking refuge in the country they risked their lives to help. And we should not turn our backs on those refugees who have been shown through extensive vetting to pose no demonstrable threat to our nation, and who have suffered unspeakable horrors, most of them women and children.

Ultimately, we fear this executive order will become a self-inflicted wound in the fight against terrorism.[52]

—U.S. Sens. John Mcain and Lindsey Graham[53]
  • November 14, 2016: U.S. Rep. Mo Brooks (R-Ala.) said that he did not believe House Speaker Ryan's immigration policy was "consistent with what is in the best interest of America." Brooks voted to elect Ryan as the speaker of the House in 2015 after Ryan pledged not to introduce any major immigration legislation while President Barack Obama (D) was in office.[54]
  • November 13, 2016: House Speaker Paul Ryan (R-Wis.) said that his immigration focus in the following months would be border security. "We are not planning on erecting a deportation force. ... I think we should put people's minds at ease: That is not what our focus is. That is not what we're focused on. We're focused on securing the border. We think that's first and foremost, before we get into any other immigration issue, we've got to know who's coming and going into the country—we've got to secure the border," Ryan said in an interview on CNN.[55]
  • November 10, 2016: Kamala Harris (D), who was elected to the U.S. Senate in California on November 8, 2016, called Trump's proposals to construct a wall along the southern border and have Mexico pay for it "absolutely unrealistic." She expressed optimism that a bipartisan agreement on immigration could be reached and noted that she and other Democrats had already discussed "banding together" to oppose Trump's policies.[56]

See also

External links

Footnotes

  1. The Hill, "Hardline immigration bill fails in the House," June 21, 2018
  2. The Washington Post, "House GOP leaders abruptly postpone high-stakes vote on immigration bill," June 21, 2018
  3. Clerk.House.gov, "Final Vote Results For Roll Call 282," June 21, 2018
  4. The Washington Post, "Senate Republicans just rebuked Trump on family separations," June 19, 2018
  5. The New York Times, "G.O.P Moves to End Trump's Family Separation Policy, but Can't Agree How," June 19, 2018
  6. Justice.gov, "Attorney General Sessions Delivers Remarks Discussing the Immigration Enforcement Actions of the Trump Administration," May 7, 2018
  7. The Wall Street Journal, "Stiffened U.S. Approach to Illegal Border Crossings Will Separate Families," May 7, 2018
  8. Scribd.com, "Border Security and Immigration Reform Act of 2018," June 14, 2018
  9. USA Today, "House GOP releases compromise immigration legislation that would protect 'Dreamers,' fund wall," June 14, 2018
  10. 10.0 10.1 10.2 10.3 10.4 The Wall Street Journal, "House GOP Leaders Fend Off Immigration Push by Centrist Republicans," June 12, 2018
  11. The Hill, "White House walks back Trump's rejection of immigration compromise," June 15, 2018
  12. 12.0 12.1 The Hill, "Conservatives express concern over House GOP immigration bill," June 19, 2018
  13. 13.0 13.1 The Wall Street Journal, "House Nears Threshold of Support Needed to Force Immigration Votes," June 5, 2018
  14. The Wall Street Journal, "'Dreamer’ Talks Aim to End Budget Impasse," February 4, 2018
  15. The Hill, "Senate rejects bipartisan measure as immigration votes begin," February 15, 2018
  16. Toomey.Senate.gov, "Toomey Introduces Amendment to End Dangerous Sanctuary City Policies," February 13, 2018
  17. The Hill, "Senate Dems block crackdown on sanctuary cities," February 15, 2018
  18. 18.0 18.1 18.2 Politico, "Senate immigration deal on life support," February 14, 2018
  19. The Hill, "Senate rejects centrist immigration bill after Trump veto threat," February 15, 2018
  20. The Hill, "Senate rejects Trump immigration plan," February 15, 2018
  21. The Wall Street Journal, "'Dreamer’ Talks Aim to End Budget Impasse," February 4, 2018
  22. Toomey.Senate.gov, "Toomey Introduces Amendment to End Dangerous Sanctuary City Policies," February 13, 2018
  23. The Hill, "GOP senators to introduce immigration plan mirroring Trump framework," February 11, 2018
  24. The Hill, "What to watch for in the Senate immigration votes," February 15, 2018
  25. The Washington Post, "Bipartisan group reaches deal on immigration, fulfilling some Trump demands," February 14, 2018
  26. 26.0 26.1 26.2 26.3 The Hill, "Any DACA deal must include an end to chain migration," January 18, 2018
  27. 27.0 27.1 27.2 27.3 27.4 27.5 CNN, "Graham, Durbin introduce bipartisan immigration bill despite setbacks," January 17, 2018
  28. The Hill, "White House: Graham-Durbin immigration bill 'dead on arrival,'" January 23, 2018
  29. 29.0 29.1 29.2 29.3 29.4 Goodlatte.House.gov, "Goodlatte, McCaul, Labrador, McSally Introduce Immigration Legislation," January 10, 2018
  30. Judiciary.House.gov, "Securing America's Future Act," January 10, 2018
  31. The Wall Street Journal, "The House Chairmen’s Plan for Immigration Reform," January 9, 2018
  32. 32.0 32.1 Congress.gov, "H.R.4760 - Securing America's Future Act of 2018," January 10, 2018
  33. WhiteHouse.gov, "Remarks by President Trump in Meeting with Bipartisan Members of Congress on Immigration," January 9, 2018
  34. The New York Times, "Trump Supports Plan to Cut Immigration in Half," August 2, 2017
  35. 35.0 35.1 35.2 35.3 35.4 35.5 Cite error: Invalid <ref> tag; no text was provided for refs named raiseact
  36. All Law, "Asylee vs. Refugee: Application & Procedural Differences," accessed August 10, 2017
  37. Senate.gov, "On the Cloture Motion (Motion to Invoke Cloture on Amdt. No. 1959)," February 15, 2018
  38. Senate.gov, "On the Cloture Motion (Motion to Invoke Cloture on Amdt. No. 1958 As Modified)," February 15, 2018
  39. Senate.gov, "On the Cloture Motion (Motion to Invoke Cloture on Amdt. No. 1948)," February 15, 2018
  40. Senate.gov, "On the Cloture Motion (Motion to Invoke Cloture on Amdt. No. 1955)," February 15, 2018
  41. Clerk.House.gov, "Final Vote Results For Roll Call 282," June 21, 2018
  42. Congress.gov, "H.R. 4760," June 21, 2018
  43. Clerk.House.gov, "Final Vote Results For Roll Call 344," June 29, 2017
  44. Policy.House.gov, "H.R. 3004, Kate's Law," June 29, 2017
  45. Clerk.House.gov, "Final Vote Results For Roll Call 342," June 29, 2017
  46. Politico, "GOP campaign chair disses Trump's wall," March 9, 2017
  47. CNN, "Congress takes aim at visa program that benefited Trump family businesses," March 9, 2017
  48. Messer.House.gov, "Rep. Messer Urges President Trump to Take Executive Action on Tax Loophole Allowing Billions in Payments to Illegal Immigrants," accessed February 13, 2017
  49. Congress.gov, "H.R.363 - Child Tax Credit Integrity Preservation Act of 2017," accessed February 13, 2017
  50. Tom Cotton, "Cotton, Perdue Unveil the Reforming American Immigration for Strong Employment (RAISE) Act," February 7, 2017
  51. CNN, "Democrats protest Trump's travel ban outside Supreme Court," January 30, 2017
  52. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  53. John McCain, "Statement by Senators McCain & Grham on Executive Order on Immigration, January 29, 2017
  54. Breitbart, "GOP Rep: Paul Ryan’s Immigration Policy Not ‘in Best Interest of America,'" November 14, 2016
  55. CNN, "Ryan: 'We are not planning on erecting a deportation force,'" November 13, 2016
  56. The Los Angeles Times, "Newly elected Kamala Harris vows to defy Trump on immigration," November 10, 2016