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This hearing starts at 9:30, not 10:00, so I'll be following it here!
Here's a link to the hearing. https://judiciary.house.gov/calendar/eventsingle.aspx?EventID=3145
As we begin, @RepZoeLofgren says it's "small wonder" that the anti-immigrant policies of this administration have led to a budget crisis at USCIS. https://twitter.com/ReichlinMelnick/status/1288463714459561984
Here's a link to the hearing. https://judiciary.house.gov/calendar/eventsingle.aspx?EventID=3145
As we begin, @RepZoeLofgren says it's "small wonder" that the anti-immigrant policies of this administration have led to a budget crisis at USCIS. https://twitter.com/ReichlinMelnick/status/1288463714459561984
Following @RepZoeLofgren's opening statement, we move on to @RepKenBuck, who begins by saying that USCIS has "gone out of its way" to ease the impact of COVID on applicants. I'd rate that as half true—USCIS has done a lot, but it's not done nearly as much as it could have done.
After a very short opening from Rep. Buck, we move to Joseph Edlow from USCIS, the "Deputy Director of Policy" at USCIS, who runs USCIS on a day-to-day basis since Ken Cuccinelli is over at DHS.
Edlow is a former ICE prosecutor and a Miller ally, with no benefits experience.
Edlow is a former ICE prosecutor and a Miller ally, with no benefits experience.
Edlow begins his opening statement by repeating the @USCIS mission statement that was rewritten in 2017 to eliminate any references to a "nation of immigrants" and refocused the agency's mission on "protecting the Homeland," despite the fact that it's a benefits agency.
Edlow says that there will be insufficient funds on September 30 to "Carry over" through to the start of the next fiscal year. Many contracts renew on the start of the fiscal year, so that could have something to do with it. He's saying they'll end with a surplus, but not enough.
Edlow is now saying that the agency has come together to get 110,000 naturalization oath ceremonies completed during the pandemic. Importantly, as @doug_rand will may testify to later today, that's come at the expense of new naturalization interviews. https://twitter.com/doug_rand/status/1283908881262030853
Edlow is asked about employment-based visas, where they may not be on track to grant all the visas for this year.
Edlow says that "with in-person services closed for a number of months ... we have not been able to move as many as we'd like to through the process."
Edlow says that "with in-person services closed for a number of months ... we have not been able to move as many as we'd like to through the process."
In response, @RepZoeLofgren asks why USCIS has not provided any answers to a letter she sent with Rep. Nadler months ago about the issue of not meeting the visa cap.
Edlow says he surprised to hear that, and he thought the letter had been responded to. Huh.
Edlow says he surprised to hear that, and he thought the letter had been responded to. Huh.
. @RepZoeLofgren: "Let me just be frank. Members of my staff have recieved information from USCIS employees indicating that DHS political leadership overruled career officials in setting the priority dates for the visa bulletin. Do you have any knowledge of that?"
Edlow says no.
Edlow says no.
As she concludes, Lofgren also says that office closures "doesn't excuse" the failure of USCIS to comply with congressional mandates to use all available visas each years.
She also raises the issue of DACA, saying that USCIS was in violation of the Court's decision for weeks.
She also raises the issue of DACA, saying that USCIS was in violation of the Court's decision for weeks.
We now move to Rep. @DebbieLesko, who jumps ahead of the Republican chair because she has a time constraint. She begins by asking incredibly basic questions about DACA, including asking "Why would someone who is 13 years old not apply for DACA" before now?
DACA was suspended!
DACA was suspended!
Edlow explains DACA and what happened in 2017 to Rep. @DebbieLesko, including explaining that no one could apply for new applications since then.
Lesko thanks him, then moves to backlogs and asks Edlow to respond to claims that backlogs are the Trump administration's fault
Lesko thanks him, then moves to backlogs and asks Edlow to respond to claims that backlogs are the Trump administration's fault
In response to objections about the backlogs, Edlow says "We cannot allow speed to be the enemy of making sure the application is approvable," and says he is "very impressed" with the agency's work since he took over.
Moving to @RepJayapal, who begins by highlighting how great the DACA program has been. "Putting aside yesterday's DHS memo ... do you agree with the Supreme Court's ruling that the rescission of DACA was arbitrary and capricious?"
He says he does not agree with that.
He says he does not agree with that.
. @RepJayapal then asks Edlow whether he thinks "Supreme Court compliance is a choice," noting the failure of the agency to process new applications. He says the mandate only issued last week—so he acknowledges waiting until the last day legally until the decision was binding?
Jayapal really going in on Edlow now, asking if he consulted with the White House or Secretary Wolf about yesterday's memo. Edlow repeatedly refuses to say if he did, though he ends up admitting there were "conversations."
Jayapal now hammering USCIS on not updating the DACA website for a month after the decision.
She hammers him on updating the USCIS website to write a statement opposing the decision within 24 hours, but not updating their DACA page for more than a month. Edlow is dissembling.
She hammers him on updating the USCIS website to write a statement opposing the decision within 24 hours, but not updating their DACA page for more than a month. Edlow is dissembling.
Moving on to @RepAndyBiggsAZ, who begins by noting (correctly) that the Supreme Court didn't say that DACA was legal, only that the rescission didn't comply with the APA. He then says that his "colleagues across the aisle" are characterizing the decision differently (untrue).
Biggs now bizarrely asking Edlow about whether he thinks an XBox Live receipt should be valid evidence to prove physical presence for DACA. Edlow says he was "appalled" to find out about that and disagrees.
I'm sorry, what? Receipts can absolutely prove physical presence.
I'm sorry, what? Receipts can absolutely prove physical presence.
Biggs now trying to smear DACA recipients by highlighting the case of a DACA recipient recently arrested for smuggling someone who crossed the border recently.
Once again, DACA recipients are arrested at rates WAY lower than US-born citizens or other immigrants. This is a smear.
Once again, DACA recipients are arrested at rates WAY lower than US-born citizens or other immigrants. This is a smear.
Edlow says that prior to the COVID-19 pandemic, they were not doing well budgetarily but "there was no way" they were going to run out of money.
Importantly, pre-pandemic they said they anticipated a $1.2 billion shortfall... and are now asking for $1.2 billion.
Importantly, pre-pandemic they said they anticipated a $1.2 billion shortfall... and are now asking for $1.2 billion.
Moving on to @RepLouCorrea, who says that Dreamers in his district "are scared ... and they have a good reason to be scared. They're essentially political piñatas." He highlights the contributions of DACA recipients to fighting the pandemic as essential workers.
Edlow responds to the current situation with Wolf's memo from yesterday, saying that "We will be putting out additional guidance ... in the coming days as to exactly how were are going to be responding to every [DACA] application or request."
Edlow now asked by @RepLouCorrea about remote naturalization oaths. He says that given other accommodations at USCIS to get through the oath backlogs, the agency is opposed to remote oaths, and rejects it entirely for now. Correa says he wants to work with USCIS on this issue.
Moving back to @RepKenBuck, who yields to Rep. Steube, who immediately yields back to him (guess he doesn't have any questions to ask?). Buck asks about the backlog, and how much of it has to do with COVID.
Edlow says the backlog isn't due to COVID, but the funding issue is.
Edlow says the backlog isn't due to COVID, but the funding issue is.
Now @RepKenBuck emphasizes that Congress is considering giving hundreds of billions in COVID relief, and draws a comparison to the $1.2 billion for USCIS.
Importantly, the Republican COVID plan doesn't give ANY money to USCIS. It extends a loan, which is paid for by applicants.
Importantly, the Republican COVID plan doesn't give ANY money to USCIS. It extends a loan, which is paid for by applicants.
Moving now to @RepJoeNeguse to discuss the backlog. He notes that processing delays are the biggest complaint his constituents give are backlog-related. He asks Edlow to explain the growing backlog when the agency has hired more officers while reciepts have actually declined.
Edlow responds by basically saying that it's too early for the new officers and the lowering receipts to cut into the backlog, and then says some things about the affirmative asylum backlog and the border... but his response is kind of all over the place. No coherent answer.
Now @RepJoeNeguse says "to the extent there are competing priorities," including the administration's reallocating of funds to other purposes, the agency has to bear some responsibility for the problem with backlogs from a policy standpoint.
Now @RepJoeNeguse asks the $60,000 question: if USCIS is about to run out of money and this is such a terrible problem, why has USCIS not formally submitted a request to Congress asking for money?
Edlow basically ignores the question and suggests that sending letters was enough.
Edlow basically ignores the question and suggests that sending letters was enough.
Moving now to @RepDMP, who notes that this isn't the first time that @USCIS has been in front of Congress discussing backlog. She says that 70% of all constituent calls are immigration-related, and backlogs dominate those calls. She highlights a three-year delay for a professor.
. @RepDMP emphasizes that backlogs hurt the people who are trying to follow the law the most, including both applicants and businesses. She says she doesn't understand how USCIS could keep hiring new employees, while application receipts drop, and yet still see growing backlogs.
After @RepDMP asks Edlow about the pre-COVID backlogs, Edlow says USCIS has gotten 15,000(!) congressional requests about individual cases this year.
My first immigration experience ever was sending those requests as a congressional intern. It was bad then. It's way worse now.
My first immigration experience ever was sending those requests as a congressional intern. It was bad then. It's way worse now.
. @RepDMP asks about the "Cuban reunification parole program," noting that applications appear to have fallen into a USCIS black hole and her constituents are constantly contacting her about the backlogs.
Edlow promises a briefing with staff.
Edlow promises a briefing with staff.
Moving to Rep @JacksonLeeTX18. I missed her first question. She then denounces yesterday's DACA memo as "abhorrent." She asks for clarification about yesterday's DACA memo and asks for the "thinking of any sense of humanity for a one-year status."
Edlow refers her to the memo.
Edlow refers her to the memo.
After Edlow explains what the memo says about the new one-year requirement for DACA under the memo, Rep. @JacksonLeeTX18 calls it inhumane.
As I explained yesterday, the costs of cutting the DACA period for a year are significant. https://twitter.com/ReichlinMelnick/status/1288224201648803840
As I explained yesterday, the costs of cutting the DACA period for a year are significant. https://twitter.com/ReichlinMelnick/status/1288224201648803840
Moving on, Rep. @JacksonLeeTX18 asks about creating remote naturalization ceremonies and new remote processes for visa interviews and such. Edlow says that he supports those in theory, but thinks there are legal concerns, and he says he's willing to work with Congress on this.
Edlow says that everyone whose oath ceremonies were postponed due to COVID has now gotten their ceremony, and the agency is now moving hard to give naturalization interviews for everyone who hasn't gotten them. There are at least 300,000 people who might be affected by this.
! @RepZoeLofgren takes a moment to emphasize to everyone appearing in person in Congress today to wear a mask when not talking, because apparently Louie Gohmert just tested positive for COVID. Gohmert refused to wear a mask during numerous other congressional hearings.
Moving to @RepMGS, who asks about socially distanced oath ceremonies.
Edlow says that the agency IS doing socially-distanced oath ceremonies (very true), but notes that it's different for naturalization interviews and they're not ready for that yet.
Edlow says that the agency IS doing socially-distanced oath ceremonies (very true), but notes that it's different for naturalization interviews and they're not ready for that yet.
Now @RepMGS asks about last year's USCIS backlog ceremonies, noting that the same day as that hearing, she learned USCIS officers were transferred to ICE. She notes that since then, USCIS has transferred millions to ICE, and also is requesting to transfer $200 million to ICE.
Edlow responds by saying that it was admin staff, not adjudicators, who went to ICE. He says it's his understanding that NO money has been transferred to ICE in the past two years.
(!) Edlow says the USCIS final fee rule does NOT contain any transfer of funds to ICE as proposed.
(!) Edlow says the USCIS final fee rule does NOT contain any transfer of funds to ICE as proposed.
Now @RepMGS asks about the Liberian Refugee Immigration Fairness Act, and the fact that NO ONE has been approved under the Act yet, months after the bill was passed. Edlow says he'll get back to her on why that's happening.
Here's more information on it. https://immigrationimpact.com/2020/07/02/liberian-refugee-immigration-fairness/#.XyGLJZ5KhjE
Here's more information on it. https://immigrationimpact.com/2020/07/02/liberian-refugee-immigration-fairness/#.XyGLJZ5KhjE
With that, the first panel with Joseph Edlow concludes.
After a short break, we'll be back for Panel Two, with AILA's @ShevDD, @doug_rand, and asylum officer union rep Michael Knowles. They are all experts on USCIS!
After a short break, we'll be back for Panel Two, with AILA's @ShevDD, @doug_rand, and asylum officer union rep Michael Knowles. They are all experts on USCIS!
And we're back! As a reminder, here's a link to the ongoing hearing, where panel 2 starts now.
In addition to the three people I mentioned before, we also have Jessica Vaughan from the Center of Immigration Studies, the Republican witness (the majority party gets to pick 3 witnesses and the minority gets to pick 1).
In her opening statement @ShevDD notes that she was hired under the Obama administration to help address backlogs, and that "we are here again." She says the big difference between then and now, she notes, is that under Obama there was an actual plan to reduce backlogs. Not now.
. @ShevDD highlights the worst new policy created by USCIS in recent years, that has led to increased backlogs—the "blank space" policy, where valid applications are rejected if a single irrelevant space is left blank.
@crampell wrote about it here. https://www.washingtonpost.com/opinions/the-trump-administrations-kafkaesque-new-way-to-thwart-visa-applications/2020/02/13/190a3862-4ea3-11ea-bf44-f5043eb3918a_story.html
@crampell wrote about it here. https://www.washingtonpost.com/opinions/the-trump-administrations-kafkaesque-new-way-to-thwart-visa-applications/2020/02/13/190a3862-4ea3-11ea-bf44-f5043eb3918a_story.html
As she concludes her opening statement, @ShevDD highlights common-sense measures that we have called for to cut backlogs, raise revenue, and reduce costs on the agency.
https://www.aila.org/advo-media/aila-correspondence/2020/aila-and-aic-letter-to-congressional-appropriators
https://www.aila.org/advo-media/aila-correspondence/2020/aila-and-aic-letter-to-congressional-appropriators
Moving on to Michael Knowles of the asylum officer union. He notes that the workforce is very glad to have someone currently working at the agency testifying in front of Congress.
Knowles says: "My main message today is, keep us at work. Don't send us home."
Knowles says: "My main message today is, keep us at work. Don't send us home."
Michael Knowles highlights the stakes at issue here: "The plight of 13,000 federal employees is not merely their own plight, but the entire immigration system of the United States is hanging in the balance, and it would be a great tragedy if a furlough is allow to move forward."
Knowles continues: "We're here today to implore everyone concerned; red, blue, left, right, center, administration, Congress... please act now. ... Our agency is certainly broken, it needs to be fixed, but these things cannot reasonably be expected to be fixed in 30 days."
Moving on to @doug_rand, who also highlights the crises that are upcoming if USCIS runs out of money, including a naturalization crisis.
He emphasizes that "the agency's financial troubles are in fact due to mismanagement and deliberate policy choices that predate the pandemic."
He emphasizes that "the agency's financial troubles are in fact due to mismanagement and deliberate policy choices that predate the pandemic."
As he continues, @doug_rand highlights multiple policies, including mandatory re-interviews and the public charge rule, which have created worsening budget shortfalls. He also goes in on the fee rule and says that at no point did USCIS explain why it needed an extra $1.3 billion.
