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Senate Introduces Two Immigration Bills

Two bills focusing on immigration were introduced today in the Senate, the Startup Act and the I-Squared bill. Both are designed to address STEM and high tech needs to encourage high-skilled immigrants remain in the US.

The Start Up Act

Senators Jerry Moran (R-KS) and Mark Warner (D-VA) reintroduced the Startup Act today. The bill, which has been introduced three times before, is a high-skilled immigration plan that aims to encourage startup growth through a series of tax and immigration policy changes. Among other things, the legislation includes STEM visas for US-educated foreign students, makes permanent an exemption of capital gains taxes on the sale of certain startup stock, and eliminates the per-country caps for employment-based immigration visas.

Read more about the legislation here.

I-Squared

A bipartisan group of Senators on January 13 introduced legislation aimed at expanding the ability of high-skilled workers to live and work in the United States. The Immigration Innovation (“I-Squared”) Act of 2015 would increase the number of employment-based nonimmigrant (H-1B) visas and broaden access to green cards for high-skilled workers by expanding exemptions and eliminating the annual per-country limits.

The I-Squared Act includes the following provisions of specific interest to universities:

— Uncapping the existing U.S. advanced degree exemption for H-1B visas (currently limited to 20,000 per year);

— Allowing dual intent for foreign students at U.S. colleges and universities;

— Exempting U.S. STEM advanced degree holders and outstanding professors and researchers from the employment-based green card cap (note: I-Squared uses the Department of Homeland Security definition of qualified STEM fields); and

— Reforming fees on H-1B visas and employment-based green cards and directing the revenue to fund a grant program to promote STEM education and worker retraining to be administered by the states.

 

The Office of Federal Relations will continue to monitor these and other bills related to high-skilled immigration efforts throughout the 114th Congress.

 

House Passes DHS Appropriations and Raises Immigration Stakes

The House adjourned yesterday for the annual Republican retreat. But before they left, the House took steps to block major provisions of the president’s immigration policy announced in November of 2014. As an amendment to legislation funding the Department of Homeland Security (DHS) for FY15, the House passed a series of amendments effectively blocking Obama’s executive action to shield millions of undocumented immigrants from deportation.

The underlying DHS funding bill passed by a vote of 236-191. The House also voted on a series of amendments meant to roll back Obama’s executive actions on immigration, including a controversial measure by Rep. Marsha Blackburn (R-TN) that would kill the 2012 Deferred Action for Childhood Arrivals program. That amendment narrowly passed by a vote of 218-209.

At the conclusion of the 113th Congress, the House and Senate passed all FY15 appropriations bills but for the FY15 DHS appropriations bill in an effort to neutralize the President’s Executive Order. The FY15 DHS appropriations were put on a continuing resolution until February 28, 2015. The decision to not fully fund DHS is due in large part to the House attempted to respond in 2014, but the effort was not taken up by the Senate.

Earlier in the week, the White House had threatened to veto any legislation which negated his immigration policy, but the White House seems open to including some symbolic GOP immigration measure – although it’s unclear just how much they are willing to give.

Without new funding for the DHS, agencies such as FEMA would be prevented from distributing emergency grants to state and local governments in need in the case of a local, regional, or national disaster.

The package as passed by the House is unlikely to be taken up by the now Republican-controlled Senate. It is highly unlikely that the bill will get the 60 votes needed for cloture since the Republicans do not have a cloture-proof majority. The Senate Republicans are currently working on alternatives.

The Office of Federal Relations will continue to track this issue as it evolves.

 

FY15 Appropriations Released

Last night, House and Senate Appropriators unveiled a $1.1 trillion spending package that is a combination of all but one of the Fiscal Year 2015 (FY15) appropriations bills rolled into an omnibus for the remainder for FY15, plus a continuing resolution (CR) funding the Department of Homeland Security through February 2015. The FY15 appropriations package, dubbed the “Cromnibus,” would provide new funding for all government agencies and programs, except the Department of Homeland Security, and is designed to gain bipartisan support and avert both a government shut down or another continuing resolution, as was seen in FY 2014. The current CR runs through tomorrow (December 11, 2014). 

The deal is a victory for appropriators, who have insisted that spending caps set under the 2013 budget agreement would allow them to move most of the annual measures for FY15. The Homeland Security stopgap portion is an effort by Republicans leaders to force a showdown with the White House on immigration in the new Congress, when Republicans will control both chambers of Congress.

The Cromnibus will move as HR 83, a previously considered piece of energy legislation. By using a previously considered bill, House and Senate leadership is trying to overcome Senate procedural hurdles so that measure could be cleared as early as Friday. Regardless, with the current stopgap funding expiring on tomorrow, the House will likely pass a two- or three-day CR to guarantee there is no shutdown before the Senate takes action and sends the “cromnibus” to the President.

For domestic agencies, flat funding is the norm, with some spending tradeoffs made to build political support. For example, the bill’s education programs are almost level funded at $70.5 billion, only $100 million less than last year. Democrats, however, will be pleased with level funding of $8.5 billion for Head Start and $22.5 billion for Pell grants, an amount that would raise the maximum grant award by $100 to $5,830.

Overall, Appropriators said the entire Labor-HHS-Education section of the spending bill would contain $156.8 billion in discretionary money, roughly the same level enacted last year. The title is always among the most contentious of the annual spending bills because of the wide reach of the programs under its jurisdiction and has become even more of a lightning rod since passage of the health care overhaul in 2010.

Additionally, the bill would provide $100 million, a $1.6 million increase, for the Office of Civil Rights, which is responsible for investigating Title IX complaints of inappropriate campus response to sexual violence. Moreover, the Student Aid Administration received a $230 million increase from last year to $1.4 billion with part of that funding going to increased enforcement and data collection under the Clery Act. The Committee commended the Education Department for its emphasis on campus sexual assault prevention.

The Defense Department, however, would see its base budget rise $3.3 billion over current funding to $490.2 billion, an amount still $500 million less than what was requested by the Pentagon.

Of note in the Cromnibus:

  • National Institutes of Health received $30.1 billion, which is $150 million more than FY14.
  • National Science Foundation received $7.34 billion, which is $172.3 million above the 2014 enacted level. NSF’s MREFC received $200.8 million.
  • The Department of Education was cut by $166 million overall. Pell grants, however, received a net increase for ED of $137 million increasing the maximum award to $5,830. Federal Work Study received an increase of $15 million. The Student Aid Administration received an increase of $230.924 million. Race to the Top was eliminated.
  • National Aeronautics and Space Administration (NASA) received $18.01 billion for which is $363.7 million more than the 2014 enacted level.
  • National Oceanic and Atmospheric Administration (NOAA) received $5.4 billion, which is $126.4 million more than the 2014 enacted level.  Big winners at NOAA were Weather, which received $90.8M, which is $9.6M above the FY14 enacted level. Climate accounts remained relatively level with previous funding. Sea Grant received level funding of $62 million. NOAA Cooperative Labs and Institutes received $60 million, which is level funding. The bill provides $60 for Climate Competitive Research, Sustained Observations and Regional Information, the same as the FY14; $38M for Regional Climate Data and Information; $8.5M for Integrated Ocean Acidification, which is $1.5M above the FY14 enacted level; $41.3 for Sustained ocean observations and monitoring, which is comparable to the FY14 enacted level
  • National Weather Service operations received $954.2 million for, which is $526,000 above the 2014 enacted level.
  • The US Geological Survey received $5 million in additional funding Early Earthquake Warning funding on the Pacific Coast.
  • The Department of Defense’s S&T programs generally enjoyed increases in funding (6.1: $2.279 billion (+$112 million over FY14); 6.2: $4.605 billion (-$38 million below FY14);  6.3: $5.530 billion ($155 million above FY14)

The House is expected to pass the measure on Thursday and send to the Senate. The Senate is expected to pass it Thursday or Friday. The President is expected to sign it into law Friday.

Federal Relations will continue to update information on the Cromnibus as it move through the Congress and becomes law.

This Week in Congress

With the current continuing resolution set to expire on Thursday, December 11, all eyes and ears are on House and Senate negotiators as they work toward an agreement on an omnibus spending bill that would fund the federal government through the remainder of the fiscal year.
 
Here are the committee hearings we’re paying attention to this week.
 
Tuesday, December 9
 
Senate Judiciary Committee
SEXUAL ASSAULT ON UNIVERSITY CAMPUSES
10 a.m. Dec. 9, 226 Dirksen Bldg.
Subcommittee Hearing
 
Wednesday, December 10
 
Senate Judiciary Committee
OBAMA IMMIGRATION POLICY
Dec. 10, 2:30 p.m., 226 Dirksen Bldg.
Full Committee Hearing
 
Senate Foreign Relations Committee
INTERNATIONAL RESPONSE TO EBOLA
10:30 a.m., 419 Dirksen Bldg.
Subcommittee Hearing
 
House Foreign Affairs Committee
U.S. AND THE ARCTIC
2 p.m., 2200 Rayburn Bldg.
Subcommittee Hearing

House Narrowly Passes Immigration Response

In a fairly narrow and mostly party line vote, the House passed a measure disapproving of Obama’s immigration action yesterday. It likely stops there: Senate Majority Leader Harry Reid says the Senate won’t take it up. 

Congressman Ted Yoho (R-FL) has lead the effort in the House meant to channel conservative anger and stop the Administration’s recently announced Executive Order on immigration. 

On November 20th, President Obama announced the US would extend legal status to an estimated 4 million people who have lived in the United States for at least five years and are parents of U.S. citizens or of lawful permanent residents. The move is designed to end deportations that separate families that have been together in the United States. This action will reinforce a 2011 prosecutorial discretion order telling customs and Justice Department officials to focus deportations on immigrants who threaten public safety or national security. The Executive Order will not go into effect until next year.

Late Thursday, House lawmakers passed the bill, HR 5759, the Preventing Executive Overreach on Immigration Bill, sponsored by Rep. Yoho, which would prohibit the administration from exempting or deferring from removal certain categories of undocumented immigrants. It also would prohibit the executive branch from treating such undocumented immigrants as if they were lawfully present, had lawful immigration status or providing them authorization to work legally.

In a 219-197 vote, Seven Republicans voted against it, three Democrats voted for it, and three Republicans voted present.

The bill and the vote is largely symbolic since Senate Majority Leader Harry Reid has already announced that the Senate will not take up the measure.

Republican lawmakers are seeking other routes for nullifying the President’s executive order, including via a year-end fiscal year 2015 appropriations omnibus that would fully fund most of the government but provide only temporary spending for immigration-related activities as a way to revisit the immigration issue in the next Congress.