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Appeals Court Upholds Decision on Travel Ban

A three-judge panel in the Ninth Circuit of Appeals kept in place Thursday a temporary restraining order against the Trump Administration executive order that sought, among other things, to bar visa holders from seven nations from entering the United States. The original order was issued by a federal district judge in Western Washington after a suit against the ban was filed by the states of Washington and Minnesota. The initial suit by Washington and Minnesota included declarations from a number of educational entities, including the University of Washington and Washington State University.

The decision primarily focused on the question of whether the ban should be blocked while the legality of the policy behind the ban is examined. The judges ruled unanimously against the various arguments offered by the Administration.

The Administration is now weighing its next steps in the process.

Price Confirmed, Mnuchin Next

In the wee hours of the morning (just after 2 am), the Senate voted 52-47 to approve the nomination of Rep. Tom Price as Secretary of Health and Human Services. Price had solid backing from Senate Republicans. The chamber’s Democrats delayed the final vote by holding the floor for the full 30 hours permitted to them under Senate rules, continuing a tactic they utilized for two other Cabinet nominations this week.

The former Republican House Budget Committee Chairman is expected to move quickly to help Republicans substantially revise the ACA.

Shortly after, the Senate voted to limit debate on Treasury Secretary nominee Steven Mnchin by a 53-46 vote. Senator Joe Manchin (D-WV) broke ranks and voted with the Republicans, while Senator Claire McCaskill (D-MO) sat out the vote. The vote to limit debate on Mnuchin’s nomination moves him one step closer to confirmation.  As with all other nominees, Senate Democrats now have the right to debate for 30 hours before moving to a final vote. 

Senate Democrats have fiercely opposed Mnuchin’s nomination. They refused to show up to the committee-level vote on his confirmation after arguing that the nominee provided insufficient answers to their questions on foreclosures by the bank he once led, OneWest. Republicans slammed Democrats as being obstructionists. The Senate is expected to have a final vote on Monday. 

On February 16, the Senate Finance Committee also will hold its first hearing on the nomination of Seema Verma to become the Administrator of the Centers for Medicare and Medicaid Services.

DeVos’ First Day

Wednesday was the first day for newly confirmed Secretary of Education, Betsy DeVos.  She spent her first day meeting staffers and touring the department as well as addressing all staff. In her address, DeVos sought to move beyond the contentious confirmation process and unite the department, which she acknowledged likely has some staffers who disagree with her on issues. She pledged to listen fully and respect their professional opinion.

Read the full remarks here. 

No word yet on an Under Secretary of Education nominee or an agenda for the higher education task force led by Liberty University President Jerry Falwell Jr.

Attorney General Nominee Confirmed

After a very contentious debate on the Senate floor, the chamber voted to confirm Wednesday evening Sen. Jeff Sessions (R-AL) as the next Attorney General of the United States by a vote of 52-47. Senator Joe Manchin (D-WV) was the only Democrat to vote in favor of Sessions. Senator Sessions abstained from voting for himself.

The Senate now turns to the nomination of Rep. Tom Price (R-GA) as Secretary of HHS.

Senators Cotton and Perdue Unveil RAISE Act

Senators Tom Cotton (R-AK) and David Perdue (R-GA) have introduced the Reforming American Immigration for Strong Employment (RAISE) Act. The legislative text has not yet been posted.

The measure would lower overall immigration to 637,960 in its first year and to 539,958 by its tenth year-a 50 percent reduction from the 1,051,031 immigrants who arrived in 2015.

According to Senator Cotton’s website, the measure would:

  • Prioritize Immediate Family Households. The RAISE Act would retain immigration preferences for the spouses and minor children of U.S. citizens and legal permanent residents while eliminating preferences for certain categories of extended and adult family members.
  • Eliminate Outdated Diversity Visa Lottery. The Diversity Lottery is plagued with fraud, advances no economic or humanitarian interest, and does not even deliver the diversity of its namesake. The RAISE Act would eliminate the 50,000 visas arbitrarily allocated to this lottery.
  • Place Responsible Limit on Permanent Residency for Refugees. The RAISE Act would limit refugees offered permanent residency to 50,000 per year, in line with a 13-year average.

Legislative text is not yet available. Federal Relations will continue to update on this legislation and other immigration developments.