Senate Adds Two Immigration-Related Enforcement Amendments to FY10 Homeland Security Appropriations Bill
Cite as “AILA InfoNet Doc. No. 09070869 (posted Jul. 8, 2009)”

The Senate has thus far agreed to include two immigration enforcement-related amendments to the FY10 Homeland Security Appropriations bill (HR 2892).

The first amendment (#1371) sponsored by Senator Sessions (R-AL) would permanently reauthorize the Basic Pilot/E-Verify program and mandate its use among federal contractors and subcontractors. After a Motion to Table (kill) the amendment failed 44-53, Senator Leahy (D-VT) introduced a second-degree amendment to the Sessions amendment which would permanently authorize the EB-5 regional centers program. Both amendments were agreed to by a voice vote.

The second amendment (#1399) sponsored by Senator DeMint (R-SC) would require the completion of at least 700 miles of reinforced fencing along the southwest border by December 31, 2010. The amendment passed 54-44.

Debate on the DHS appropriations measure is on-going at this time and we expect additional amendments to be introduced as the debate continues so stay tuned to InfoNet for more updates.

If regular order is followed, once the Senate passes its version of the FY10 DHS Appropriations bill, it will go to conference where leaders from both chambers will attempt to reconcile differences between the House and Senate versions of the bill.

Secretary Napolitano Strengthens Employment Verification with
Administration’s Commitment to E‐Verify
Release Date: July 8, 2009
For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010
Department of Homeland Security (DHS) Secretary Janet Napolitano today strengthened employment eligibility
verification by announcing the Administration’s support for a regulation that will award federal contracts only to
employers who use E-Verify to check employee work authorization. The declaration came as Secretary
Napolitano announced the Department’s intention to rescind the Social Security No-Match Rule, which has never
been implemented and has been blocked by court order, in favor of the more modern and effective E-Verify
system.
“E-Verify is a smart, simple and effective tool that reflects our continued commitment to working with employers to
maintain a legal workforce,” said Secretary Napolitano. “Requiring those who seek federal contracts to use this
system will create a more reliable and legal workforce. The rule complements our Department’s continued efforts
to strengthen immigration law enforcement and protect critical employment opportunities. As Senator Schumer
and others have recognized, we need to continue to work to improve E-Verify, and we will.”
E-Verify, which compares information from the Employment Eligibility Verification Form (I-9) against federal
government databases to verify workers’ employment eligibility, is a free web-based system operated by DHS in
partnership with the Social Security Administration (SSA). The system facilitates compliance with federal
immigration laws and helps to deter unauthorized individuals from attempting to work and also helps employers
avoid employing unauthorized aliens.
The federal contractor rule extends use of the E-Verify system to covered federal contractors and subcontractors,
including those who receive American Recovery and Reinvestment Act funds. After a careful review, the
Administration will push ahead with full implementation of the rule, which will apply to federal solicitations and
contract awards Government-wide starting on September 8, 2009.
On average, one thousand employers sign up for E-Verify each week, totaling more than 134,000 employers
representing more than half a million locations nationwide. Westat, an independent research firm, found that 96.9
percent of all queries run through E-Verify are automatically confirmed work-authorized within 24 hours. The
figure is based on statistics gathered from October through December 2008. Since October 1, 2008, E-Verify has
processed more than six million queries. In an April 2009 American Customer Satisfaction Index Survey of over a
thousand E-Verify participants, E-Verify scored 83 out of a possible 100 points—well above the latest federal
government satisfaction index of 69 percent.
In addition to expanding participation, DHS continues to enhance E-Verify in order to guard against errors,
enforce compliance, promote proper usage, and enhance security. Recent E-Verify advancements include new
processes to reduce typographical errors and new features to reduce initial mismatches. In May 2008, DHS
added access to naturalization database records which increased the program’s ability to automatically verify
naturalized citizens’ status, reducing citizenship-related mismatches by 39 percent. Additionally, in February
2009, the agency incorporated Department of State passport data in the E-Verify process to reduce mismatches
among foreign-born citizens. Other initiatives underway will bring further improvements to Federal database
accuracy; add new tools to prevent fraud, misuse, and discrimination; strengthen training, monitoring, and
compliance; and enhance privacy protections.
DHS will be proposing a new regulation rescinding the 2007 No-Match Rule, which was blocked by court order
DHS: Secretary Napolitano Strengthens Employment Verification with Administration’s … Page 1 of 2
http://www.dhs.gov/ynews/releases/pr_1247063976814.shtm 7/8/2009
AILA InfoNet Doc. No. 09070861. (Posted 07/08/09)

Round-Up of Immigration Related Legislation (June 2009)
Cite as “AILA InfoNet Doc. No. 09070666 (posted Jul. 6, 2009)”

The following immigration-related bills were introduced into the House of Representatives and the Senate in June:

People Resolved to Obtain an Understanding of Democracy Act, or PROUD Act (H.R. 2681)
Introduced by Rep. Baca (D-CA) on 06/03/09
Summary: To amend the Immigration and Nationality Act to provide for naturalization for certain high school graduates.

Employee Verification Amendment Act of 2009 (H.R. 2679)
Introduced by Rep. Giffords (D-AZ) on 06/03/09
Summary: To extend certain immigration programs, and for other purposes.

Reuniting Families Act (H.R. 2709)
Introduced by Rep. Honda (D-CA) on 06/04/09
Summary: To amend the Immigration and Nationality Act to promote family unity, and for other purposes.

Criminal Alien Accountability Act (H.R. 2837)
Introduced by Rep. Issa (R-CA) on 06/11/09
Summary: To amend section 276 of the Immigration and Nationality Act to impose mandatory sentencing ranges with respect to aliens who reenter the United States after having been removed, and for other purposes.

Orphans, Widows, and Widowers Protection Act (S. 1247)
Introduced by Rep. Menendez (D-NJ) on 06/11/09
Summary: A bill to amend the Immigration and Nationality Act to promote family unity, and for other purposes.

H.R. 2954
Introduced by Rep. Quigley (D-IL) on 06/18/09
Summary: To amend the Immigration and Nationality Act to extend the authority of the Secretary of Homeland Security to waive certain requirements under the visa waiver program for an additional 2 years.

Filipino Veterans Family Reunification Act of 2009 (S.1337)
Introduced by Rep. Akaka (D-HI) on 06/24/09
Summary: A bill to exempt children of certain Filipino World War II veterans from the numerical limitations on immigrant visas.

Note: Each week hundreds of bills are introduced into the House and Senate, and the likelihood of any particular bill moving is usually very small. The bills posted on this page represent all immigration-related legislation introduced this week, not legislation AILA believes is important or likely to succeed.

Stay tuned to AILA’s News from the Hill page for updates on pressing legislative activity.

Dear Readers: It has been a long time in coming, but the word on the street is that immigration reform may occur within the year. Those of us in the trenches are skeptical, but as we understand it, President Obama has scheduled a meeting to take place in early June with congressional leaders to launch  a dialogue on comprehensive immigration reform. In the meantime, we expect over the coming weeks and, in particularly, after the June meeting(s), to see a spate of bills introduced into the legislature focusing on different aspects of reform.  As recently as yesterday (May 20, 2009),  for example, Senators Robert Mendoza, Chuck Schumer, Kirsten Gillibrand, and Edward Kennedy introduced into the Senate, the bill  S. 1085, affectionately called the Reuniting Families Act. The Act seeks to facilitate family immigration by, among other things, raising the per-country quota on immigrants from 7% to 10% and allowing for the use of close to 400,000 unused family visas  that accumulated over the period 1997-2002 . For many of our clients who are legal permanent residents (”LPRs”) with petitions pending for a spouse, probably the most significant part of the proposed bill is to allow permanent residents the ability to petition as “immediate relatives,” like in the case of U.S. Citizen petitioners.   This is a potentially huge reform, which could dramatically improve the status of spouses of  LPRs. To recap, immediate relatives of U.S. Citizens are, generally, able to adjust from even an undocumented status to a conditional residency status and visas for immediate relatives are almost always available. This is in contrast to the situation that exists today, where LPRs are compelled in most cases to wait many years for a second preference petition (a petitition for a spouse, sons and daughters and unmarried children)  to be adjudicated, which can leave the spouse of the LPR in immigration limbo.   This legislation has been introduced before and has died on  a limb, but maybe, this time,  it will be different.

On April 23, 2009, Assistant U.S. Senate Majority leader, Dick Durban, and Republican Senator Chuck Grassley introduced the H-1B and L-Visa Reform Act which provides among other thing that employers make a “good faith” effort to recruit American workers before hiring  H-1B employees. The bill would also enhance the Department of Labor’s authority to initiate H-1B audits, which are now only initiated pursuant to the filing of a complaint with the Department of Labor. The bill would also seek to reform the L-visa standards by enhancing Department of Labor authority to investigate and penalize L-1 abuses. It is impossible to assess the legislation at this point before the proposed bill-language is published, but we encourage readers to stay tuned.