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DC Download 05.08.2023

House lawmakers are back in D.C. and face a busy week. As the Biden Administration prepares to end Title 42, the “public health” authority used to expel asylum seekers, the House is voting on Republicans’ immigration bill that would make it harder for migrants to claim asylum and restart construction on the border wall, among other things. However, the debt limit meeting between President Biden and congressional leaders is taking center stage early this week as they attempt to stave off a U.S. default and global economic collapse.

Table of Contents:

Immigration

No matter where we come from, what our color is, or how we worship, we work hard for our families and our future. Immigrants have always been a core part of the American story. But certain politicians are attacking people seeking safety at our border to distract us from their failure to unrig our economy. These politicians and the special interests who fund them try to use hate and fear to divide us, but we aren’t fooled. Families looking for a better life help make our country and our economy vibrant and strong.

We know that tearing families apart, caging children, and turning our backs on refugees seeking safety isn’t making us stronger. We need to join together across our differences to create fair immigration laws that treat each person with dignity, provide a clear process for newcomers to participate equally in our society and become citizens, and make this a country that honors all families.

Facts and Resources:

The Department of Homeland Security (DHS) manages the largest immigration detention system in the world and spends more on immigration enforcement than on all other federal enforcement agencies combined.
Studies of dozens of alternatives to detention have found community-based programming works without traumatizing and separating families, while costing up to 80% less than detention.
The Case for Ending Title 42 — Progressive Caucus Action Fund

House Floor

The House will vote on three suspension bills from the Committee on Science, Space, & Technology. Suspension bills require a ⅔ majority to pass. For a list of all suspension bills being considered, click here.

The House will also consider the following bills, subject to a rule:

H.R. 2 - Secure the Border Act of 2023 (Sponsored by Rep. Diaz-Balart; Judiciary Committee): The bill would, among other things, end Health & Human Services funding for legal representation of unaccompanied children and require them to be detained and deported; impose new restrictions on asylum claims, making it almost impossible for migrants to receive asylum; restart the Migrant Protection Protocols and force asylum seekers to wait in Mexico; mandate family detention for all families seeking asylum; require E-Verify for all employers in the U.S; slash funds for alternative detention programs; and resume construction of the border wall.

The Secure the Border Act’s Catastrophic Implications for Unaccompanied Children (KIND)

H.R. 1163 - Protecting Taxpayers and Victims of Unemployment Fraud Act (Sponsored by Rep. Smith (MO); Ways and Means Committee): The bill would allow states to retain 25 percent of any recovered fraudulent overpayments of pandemic and regular unemployment benefits, and use the funds recovered to update unemployment systems. The bill would also repeal the $2 billion approved by the American Rescue Plan intended to detect and prevent fraud and ensure the timely payment of unemployment benefits.

Ways and Means Bill Misses the Mark on Unemployment Fraud (CBPP)

House Committee Highlights

A full list of this week’s hearings and markups can be found here. Notable hearings and markups include:

Wednesday Hearings

Freight Forward: Overcoming Supply Chain Challenges to Deliver for America (Transportation & Infrastructure)

Modernizing U.S. Arms Exports and a Stronger AUKUS (Foreign Affairs)

ESG Part I: An Examination of Environmental, Social, and Governance Practices with Attorneys General (Oversight & Accountability)

Fiscal Year 2024 Environmental Protection Agency Budget Request (Energy & Commerce)

Return on Unprecedented Investment: An Analysis of the Department of Energy’s Implementation of the IIJA, the IRA, and the CHIPS and Science Act (Science, Space, & Technology)

Federal Responses to Recent Bank Failures (Financial Services)

Thursday Hearings

Markup of H.R. 2670 - National Defense Authorization Act for Fiscal Year 2024 (Armed Services)

American Confidence in Elections: Protecting Political Speech (House Administration)

Oversight of Silicon Valley Bank and Signature Bank: GAO’s Preliminary Review (Financial Services)

Examining the Root Causes of Drug Shortages: Challenges in Pharmaceutical Drug Supply Chains (Energy & Commerce)

Getting Back on Track: Exploring Rail Supply Chain Resilience and Challenges (Transportation & Infrastructure)

FDA Oversight Part II: Responsibility for the Infant Formula Shortage (Oversight & Accountability)

Fiscal Year 2024 Department of Energy Budget Request (Energy & Commerce)

Nominations

The Senate this week has teed up votes on the following nominees:

L. Felice Gorordo, of Florida, to be United States Alternate Executive Director of the International Bank for Reconstruction and Development
Glenna Laureen Wright-Gallo, of Nevada, to be Assistant Secretary for Special Education and Rehabilitative Services, Department of Education

Senate Committee Highlights

A full list of this week’s Senate committee hearings, including confirmation hearings, can be found here. Notable committee hearings include:

Wednesday Hearings

Conflict in Sudan: Options for an Effective Policy Response (Foreign Relations)

Lessons Learned: Leadership Perspectives and Experience on the National Costs of Climate Change (Budget)

The Need to Make Insulin Affordable for All Americans (HELP)

Thursday Hearings

Cross-border Rx: Pharmaceutical Manufacturers and U.S. International Tax Policy (Finance)

Hearing to Examine Opportunities for Congress to Reform the Permitting Process for Energy and Mineral Projects (Energy & Natural Resources)

A Review of the President’s Fiscal Year 2024 Funding Request and Budget Justification for the Department of Education (Appropriations)

Secretary of Education Miguel Cardona is testifying

A Review of the President's Fiscal Year 2024 Budget Request for the Department of Defense (Appropriations)

Secretary of Defense Lloyd J. Austin and Chairman of the Joint Chiefs of Staff General Mark A. Milley are testifying

Debt Ceiling

The U.S. government reached its debt ceiling in January, forcing the Treasury Department to use “extraordinary measures” to pay the government’s bills. However, Treasury Secretary Janet Yellen warned that these measures could run out as early as June 1 and result in a default crisis. President Biden is expected to meet this week with House Speaker Kevin McCarthy, House Minority Leader Hakeem Jeffries, Senate Majority Leader Chuck Schumer, and Senate Minority Leader Mitch McConnell to discuss the debt ceiling crisis. While Democratic leaders insist that Congress must pass a clean debt limit bill—a bill to avoid default without any cuts to programs and services families rely on—Republicans are demanding cuts in exchange for avoiding default. Two weeks ago, the House passed the Limit, Save, Grow Act, the Republican proposal to raise the debt limit but also cut federal services, block student debt relief, add onerous and unnecessary work requirements to Medicaid and SNAP, rescind unspent COVID aid, and repeal parts of the Inflation Reduction Act (IRA). The bill is not expected to pass the Senate.

Debt Limit Crisis: A Look at the Limit, Save, Grow Act (CPCC)
From Debt Ceiling Showdowns to Service Slowdowns: Understanding the Connection (CPCC)
Manufactured Crisis: The Debt Limit in 2023 (CPCC)
See how hitting the debt ceiling could unleash chaos (The Washington Post)
Yellen: No way to protect U.S. finances beyond raising debt ceiling (Axios)

The End of Title 42

In January, the Biden Administration announced it will end the COVID-19 public health emergency and national emergency declarations on May 11, 2023. Among the policies that will be lifted this Thursday is Title 42, the “public health” authority that the former Trump Administration weaponized to immediately remove people seeking asylum at the border. Under the Title 42 policy, migrants seeking protection at the southern border were expelled to Mexico, to their country of origin, or in some cases to third countries without any process at all, despite their legal right to seek asylum in the United States. Last month, the Departments of State and Homeland Security announced that the U.S. will establish regional processing centers in Colombia and Guatemala, where migrants can be screened to see whether they are eligible for refugee status. Additionally, the Biden Administration announced plans to send 1,500 active-duty troops to the southern border to help with monitoring and administrative tasks. In Congress, the House this week is expected to vote on H.R. 2, the Secure the Border Act of 2023, which would, among other things, impose new restrictions on asylum claims, making it almost impossible for migrants to receive asylum. In the Senate, Senators Kyrsten Sinema (I-AZ) and Thom Tillis (R-NC) introduced a bill that would keep Title 42 for another two years. It is unclear whether the Senate will consider the bill.

Explainer: Title 42 is ending at the U.S.-Mexico border. What is it and what happens now? (Reuters)
The End of Title 42 Might Be Chaotic, But It Doesn’t Have to Be Confusing. Here’s What You Should Know (Immigration Impact)
Restoring the Legal Right to Seek Asylum: The Case for Ending Title 42 (PCAF)
No Migrant Left Behind: DHS’s Plan to Empty Latin America (Center for Immigration Studies)
An Overview of U.S. Refugee Law and Policy (AILA)

SCOTUS Watch: Mallory v. Norfolk Southern Railway Co.

Robert Mallory was an employee of the Norfolk Southern Railway Co. who developed cancer after being exposed to toxic substances on the job. The question before the Court is, can the company be sued in Pennsylvania because it is registered to do business there, even though the incident in question occurred outside of Pennsylvania. If the Court rules against Mr. Mallory, it will make it more difficult for many people to sue corporations and easier for corporations to choose an advantageous venue for a court case. The Supreme Court heard arguments for this case in November 2022 and is expected to rule before the end of their current term.