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Photo courtesy of Elizabeth MacDonough.

The future of the Biden administrations historic climate bill is now in the hands of one person: Senate Parliamentarian Elizabeth MacDonough, the nonpartisan referee who will check the legislation against the Senates intricate budget reconciliation rules. If she clears the bill as-is, then it will go to the Senate (where the deal now apparently has the votes to pass). But if MacDonough flags any issues, lawmakers will have to revise and re-negotiate the problem areaswhich might be tricky, depending on the extent of the changes required.

Today, MacDonough is combing through the bill. Here are five things to know as we wait.

While the Senate Parliamentarians office may sound like a snooze, the job has placed MacDonough at the heart of many explosive political moments. In 2000, as an assistant Senate parliamentarian, MacDonough advised on ballot counting procedures in Bush v. Gore. She says she was also consulted on the Terri Schaivo case. Then, in 2015 and in 2017, she played a key role in quashing the Trump administrations efforts to repeal the Affordable Care Act. She helped Chief Justice John Roberts navigate Senate rules in preparation for both of President Trumps impeachment trials. And in 2021, she disappointed Democrats by ruling that immigration reform couldnt be done under budget reconciliation, and that they couldnt include a $15 minimum wage in their Covid relief legislation.

MacDonough has taken flack from both parties for dashing their legislative ambitions (Alexandria Ocasio-Cortez once said, Im not going to let the damn Parliamentarian tell me how to do my job). But MacDonoughs work has also won bipartisan praise. Ive been here with many, many parliamentarians, Senator Patrick Leahy told Politico in 2020. All were good. But shes the best. Senator John Cornyn said that MacDonough is tough and that she calls them straight down the middle. MacDonough herself told a reporter that her job is to be neutralshes not a party apparatchik.

When rioters seized the Capitol on January 6th, 2021, they made a stop in the Senate Parliamentarians office; a video of the aftermath shows displaced furniture and papers littering the floor. That same day, as rioters were breaching the building, members of MacDonoughs staff were credited with saving boxes of Electoral College ballots from the rioters, who apparently wanted to burn them as part of their efforts to overturn the election.

The Office of the Senate Parliamentarian was established in 1935, and prior to MacDonough, there were six other Parliamentariansall men. MacDonough took the helm in 2012. While initially appointed by Senate Majority Leader Harry Reid, MacDonough was kept on when Mitch McConnell became the Majority Leader in 2014. Senators Kirsten Gillibrand and Dick Durbin celebrated her historic appointment, with Durbin noting that he looks forward to working with her even if her rulings disappoint him.

MacDonough is from Chevy Chase and went to George Washington University. After serving as a Senate floor staffer, she attended Vermont Law School, worked briefly for a judge in New Jersey, and then moved back to the District to join the Senate Parliamentarians office in 1999. According to a 2018 bio from her law school, she lives in Arlington with her Labrador retriever, Basket.

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The Senate Parliamentarian Could Tank Parts of the Climate Bill. Who Is She? - Washingtonian

WASHINGTON International Fresh Produce Association BB #:378962 members spearheaded a press conference today along with other members of the Alliance for a New Immigration Consensus (ANIC) calling for urgent Senate action on immigration reform. Lori Taylor of The Produce Moms and Tara Smith Vighetti of Smith Farms highlighted the need for immigration reform that is vital to the fresh produce industry and for consumers facing high food prices.

Lori Taylor of The Produce Moms highlighted the impact that the failure to pass immigration reform is having on already inflated food prices. Swift action in immigration reform will empower Americas farmers and ranchers to improve labor efficiencies, said Taylor. Our agriculture supply chain is tasked with feeding America and feeding the world a strong supply chain and affordable food prices starts at the farm level. Through immigration reform we can provide relief to deserving families across America that are struggling to buy groceries as we all fight unprecedented inflation in food.

Tara Smith, a farmer and partner in Smith farms who has operations in Maine and Florida highlighted the impact on farming operations like hers. Currently the H-2A process does not allow farmers to secure workers in time or in the right numbers to align labor with the beginning and ending of production windows with real certainty, said Smith. The process to execute H-2A applications is arduous administratively and legally, which makes the program difficult if not impossible to access for small farming companies. As a result of each of these shortfalls we see higher prices due to labor shortages and limited supply because farm families give up trying to compete with insecure labor supply. Movement on the issue of reform is needed now.

Congress has the ability to act today to prevent a shortage of farm workers and the resulting shortage of fresh produce in grocery stores already suffering from challenges in the food supply chain. With consumers facing higher prices due to other inflation-related pressures, passage of immigration reform can help fight back inflation. According to a study by Texas A&M International University there is a direct correlation between our current immigration laws and food prices. The reforms included in the House passed Farm Workforce Modernization Act have the ability to stem the impacts of rising inflation.

IFPA strongly supports the Farm Workforce Modernization Act and will continue to advocate for the Senate to take up action on immigration reform.

Without immigration reform, we know that American consumers will continue to experience higher prices and fewer options at the grocery store, threatening food security and availability. Any threat to the availability of fresh produce undermines the health benefits of fruits and vegetables in combating the chronic diseases that cost our economy billions, said IFPA CEO, Cathy Burns, at a Washington press conference earlier this month.

About the International Fresh Produce Association (IFPA)

The International Fresh Produce Association (IFPA) is the largest and most diverse international association serving the entire fresh produce and floral supply chain and the only to seamlessly integrate world-facing advocacy and industry-facing support. We exist to bring the industry together to create a vibrant future for all. We grow our members prosperity by conducting advocacy; connecting people and ideas; and offering guidance that allows us all to take action with purpose and confidence. While IFPA is built on the legacy of United Fresh and Produce Marketing Association, it is not just a combination. It is transformational. Recognizing the industry required an even more powerful and unified voice, the leaders of the former United Fresh and Produce Marketing Association chose not to merge, but rather to create an entirely new organization to supersede their organizations, effective January 1, 2022.

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IFPA members urge senate action on immigration reform Produce Blue Book - Produce Blue Book

Last week the House passed a wide-ranging defense authorization bill that included provisions to assist Afghan refugees and documented Dreamers, in what may be the last opportunity for Congress to enact any immigration reforms this year.

Despite many bills being negotiated and introduced in both chambers during the 117th Congress, which lasts from January 2021 until January 2023, lawmakers have so far failed to come together on any immigration provisions, even as many fear that time is running out before midterm elections potentially change the makeup of Congress.

The Farm Workforce Modernization Act is the sole standalone immigration bill currently under active consideration, but its fate in the Senate despite being passed by the House of Representatives twice is uncertain. The House-passed China competition bill had also contained immigration provisions, but these were stripped out by the Senate as the bill was reduced to merely a bill to fund development of the U.S. semiconductor chips industry.

Thus, the most likely candidate for immigration provisions to become law during this Congress is the National Defense Authorization Act (NDAA), which was passed by the House on July 14 with three immigration-related amendments. The Senate is negotiating its own version of the NDAA.

The first immigration-related amendment to the NDAA was a bipartisan provision to protect documented Dreamers, the dependent children of green card applicants and employment visa holders who face deportation when they age out of eligibility for the dependent visa status. The amendment was offered by Rep. Deborah K. Ross, D-N.C., and co-sponsored by Rep. Mariannette Miller-Meeks, R-Iowa.

Afghan refugees will also see some relief if the House version of the NDAA becomes law. Democratic Rep. Elissa Slotkin, D-Mich., offered two amendments to assist Afghan citizens who assisted the U.S. efforts in Afghanistan and are now in danger.

The first amendment would direct the Department of State to dramatically increase processing capacity for Afghan special immigrant visa (SIV) applications and refugee referrals. The SIV system, put in place originally to help Afghan interpreters and others who directly assisted the U.S. military, has been plagued for years by bureaucratic red tape and years-long backlogs.

The second amendment included by Rep. Slotkin would make it easier for Afghan students to receive visas without proving an intent to return to Afghanistan. To be approved, student visa applicants must prove that they do not have immigrant intent, which means they dont intend to stay in the U.S. permanently, but plan to return to their home country when they complete their studies.

However, a different proposal to exempt immigrants with advanced science, technology, engineering, and math (STEM) degrees in national security-related fields from the numerical green card limits, which have contributed substantially to the massive green card backlog at DOS, was shelved. At the close of FY2021, there were more than 9 million green card applicants stuck in the backlogabout 7.5 million on the family-based side and 1.6 million on the employment-based side. The amendment was cut by the House Rules Committee for containing fees that ran afoul of legislative tax rules.

The House voted by roughly a 3-1 majority to approve the NDAA, which funds and directs policy for the military and other aspects of the U.S. defense. The bill has been passed each year since 1961, and is considered a must-pass piece of legislation. As Caroline Simon noted at RollCall, the inclusion of immigration provisions [in the bill] bodes well for their future at a time when immigration bills rarely move as stand-alone measures.

The Farm Workforce Modernization Act (FWMA) has been passed by the House twice, and aims to modernize the H-2A temporary agricultural visa program. The current food production workforce recruitment system in the U.S. is believed by many to have led to higher food prices, particularly for dairy, meat, and vegetables.

FWMA would allow more farmers to hire temporary H-2A workers year-round, rather than only for short-term, seasonal work. Currently, farms like dairy and pork producers cannot source workers from the H-2A visa program, which has intensified labor shortages in these food industries during a time of already record prices.

The bill would also provide a pathway to legalization for some farm workers a path that does not currently exist for H-2A visa holders.

Despite the fact that the House came together with bipartisan support to pass this bill twice already, FWMA is in peril in the Senate, where negotiators are arguing over a provision that would expand federal law to allow H-2A workers to sue their employers if U.S. labor laws are broken.

The largest agriculture lobbyist in Washington, D.C., the American Farm Bureau Federation, is known for its usually conservative positions and is opposed to the expansion of the Migrant and Seasonal Agricultural Workers Protections Act (MSPA) contained in the Farm Workforce bill.

Though Senators have some agreements nailed down, including an agreement to freeze H-2A wages at current levels for 2023, and a deal that would allow employers to hire more H-2A workers year-round than the House originally proposed, the overall fate of the bill remains uncertain.

Because the American Farm Bureau has refused to support expansion of MSPA for H-2A workers, some lawmakers are hesitant to commit to the bill. Some growers feel that the AFBF has sided with growers of only one region of the country, and some lawmakers worry that will come at the expense of a workable solution to sharply increasing food prices in the United States.

As Rep. Doug LaMalf R-Calif., said at a press conference hosted by the American Business Immigration Coalition last week, Do people want to eat in this country or not?

The U.S. Innovation and Competition Act (USICA) is the bill formerly referred to informally as the China competition bill, a sweeping piece of legislation aimed at countering Chinas economic reach.

The House version of a China competition bill had included some immigration policies, but key Republican senators refused their inclusion. Proposals to ease the path to a green card for immigrants with advanced STEM degrees were slashed from the Senate bill.

The bill has been largely gutted in the Senate, where it has been whittled down merely to CHIPS funding (Creating Helpful Incentives to Produce Semiconductors). In its current form, the slimmed-down CHIPS bill will provide a $52 billion investment in semiconductor manufacturing subsidies, as well as tax credits and funding for scientific research.

The Senate first passed its version of USICA in June 2021, but the House did not take it up or otherwise take any action on the bill until this year. Some Senators reportedly believe this delay is responsible for creating the dire shortage situation in which the U.S. now finds itself.

The Senate passed a procedural move to prepare for potential votes on USICA in both the House and the Senate by the end of July. Both the House of Representatives and the Senate are scheduled to recess in August.

With midterm elections looming in November, many are predicting that control of the House could switch from the Democratic to the Republican party. House Minority Leader Kevin McCarthy, R-Calif., who would become Speaker of the House if Republicans take the majority, has vowed that he will bring no immigration-related bills to the floor.

McCarthy has also indicated plans to attempt to impeach the head of the Department of Homeland Security (DHS), Alejandro Mayorkas, for supposed dereliction of duty. Republican lawmakers hold Mayorkas singularly accountable for the high level of border crossings in recent years, despite the fact that the implementation of Title 42 at the southern border by the previous administration has dramatically increased border crossings itself.

Other proposed plans by the hopeful-majority include legislation to restart Remain in Mexico, further increasing security at the heavily-militarized border, ramping up arrests and detentions of all immigrants living in the U.S., regardless of whether they are a threat to national security or public safety, and further restricting the already-hobbled asylum system.

These threats by members of Republican party leadership add to the sense of urgency felt on Capitol Hill, as Democrats rush to pass what they can before time runs out in November. Given the breakdown of President Joe Bidens Build Back Better legislation earlier this year, followed by the repeated stalling of bills and removal of immigration reform amendments, immigration advocates in Congress will need to move quickly to save whats left of Bidens immigration agenda, as well.

Continue reading here:
Defense Bill Could Be Last Chance for Immigration Laws This Year - Boundless

TORTOLA Premier Natalio Wheatley said the British Virgin Islands must begin a dialogue in earnest on what is in the best interest of the Virgin Islands, beginning with the granting of residency status for the purpose of belongership.

Wheatleys comments came during a radio address Monday night, where he noted that the topic of immigration reform is one of the most sensitive issues that the territory must address.

Like most other countries, he said, the BVI government has an immigration policy in place to select persons living and working in the territory and participating in community life that residency can be granted to.

However, residency for belongership is a privilege, not a right, Wheatley said. It is important to make this clear. And because residency for this purpose is a privilege and not a right, the government has developed arrangements by which to determine who has earned that privilege.

The premier said that residency for belongership is not automatically granted based on the duration of time one is in the territory, and the number of years spent on the island cannot be the sole determining factor in granting belongership.

Patriotism, a sound knowledge and history of the Virgin Islands and your social and civic contributions to the society are all very important things, among other factors, he noted. Residency and belongership are privileges that must be earned.

Wheatley said that over the years, the BVI government has instituted various arrangements to determine who has earned the privilege of residency for belongership. He said that more than 20 years ago, the existing eligibility criteria contained in the Immigration and Passport Act was put in place in the House of Assembly, which at the time was referred to as the Legislative Council. This law, he said, permits persons to apply for residency for belongership as early as 10 years of living in the territory.

A subsequent government who saw the amended law as open-ended, convoluted and unsustainable because it would change the social fabric and political landscape of the Virgin Islands, adopted a policy in Cabinet in 2004, that doubled the duration to 20 years before an application for residency for belongership could be made, and limited the number of persons who could be approved annually for residence to 25, Wheatley said, adding that its legality was questioned in 2013 by the Complaints Commissioner due to its inconsistency with the law.

The policys contradiction of the law was also captured in the annual report of the International Ombudsman Institute 2012-13. This problem was also picked up during the Commission of Inquiry, he said referring to the more than 900-page report released by the Commission of Inquiry to Gov. John Rankin following a 15-month probe into widespread fraud in the BVI government.

The COI was requested by Rankins predecessor August Jaspert. Since its release, the report has been driving change in the British territory.

The Commission of Inquiry report recommended a review of the existing residency policy and processes for granting residency and belongership status, including the open discretion by Cabinet to grant such statuses, and the length of residence required for belongership, among other things, he said.

In the report, COI Commissioner Sir Gary Hickenbottom said in relation to belongership applications that the Board is allowed to play its full role, and the Cabinet follows the Boards recommendation in most cases.

However, evidence was presented to the COI that shows that the Cabinet has been and is prepared to exercise its discretion in a legally arbitrary way and, if necessary, in a manner which is inconsistent with the statutory criteria for these important statuses.

On the evidence, it seems quite clear that at least 224 applicants for belongership were granted that status outside the framework of the law in 2011, he said.

Hickenbottom recommended a review of processes for granting residency and belongership status, and in particular the open discretion currently held by Cabinet to make grants. He added that any such powers should only be maintained where necessary; and, where any such powers are maintained, then they should be subject to clearly expressed and published guidance.

Wheatley said in his Mondays radio address that currently there is an immigration law that allows for applicants to apply for residency for the purpose of belongership after 10 years, and sets no set limit on how many applications can be approved per year.

He said there also has been a policy in place for some time that is inconsistent with that law, as it doubles the time required to begin application for residency for belongership and severely limits the number of approvals per year.

Both the existing law and longstanding policy are not fit for purpose and have been the cause of much confusion, Wheatley said. The answer has always been to further amend the Immigration and Passport Act, as opposed to the various fixes that have been tried.

Wheatley pointed out that while applications for residency for such a purpose can be submitted as early as 10 years under the law, there is a process that must be followed to consider whether applicants have earned the privilege of being granted residency.

Previous governments have failed to amend the law or change policy as was previously recommended, but the Government of National Unity will do so in a manner that is clear, fair, and socially and economically sustainable, he said. However, we are not going to make any legislative amendments without consulting the public. This is why we must begin a structured dialogue to find the best way forward. We will be announcing public meetings very soon.

Read more here:
Wheatley to tackle immigration reform in BVI - Virgin Islands Daily News

A Border Patrol agent walks along concertina wire at Border Field State Park. Photo by Chris Stone

A routine press release from the Border Patrol caught my eye because of its detailed tally of the countries of origin of two groups totaling 224 individuals apprehended this month in Imperial Beach. The list read like the United Nations.

Yes, there were Mexicans, as everyone assumes, but the majority were from Brazil. Also in the mix were immigrants from Sierra Leon, Peru, Nigeria, Nicaragua, Haiti, Gambia, India, Cuba, Romania and Nepal.

They crossed the border through drainage tubes, with smugglers using blowtorches to cut bars inside the tubes.

These groups caused a minor problem for the Border Patrol because most of the migrants didnt speak Spanish.

Americans, especially those who regularly watch Fox News, can be forgiven for thinking we have a problem with immigration from Mexico. Its a narrative that has unfortunately become as American as hamburgers, French fries and pizza.

Brazil? That countrys authoritarian president is already warning that the upcoming election may be rigged against him. And he speaks glowingly of the days when that country was ruled by a military junta. So it makes sense that smart Brazilians would want to leave.

Nigeria? Its booming with oil wealth, but also crime ridden and polluted. These immigrants clearly arent worried about the American cesspool of crime seen by Donald Trump .

Romania? Its near Ukraine and might be Vladimir Putins next target in creating a new imperial Mother Russia. Unless you like one-man rule, you might want to leave now.

Nepal? In the 1960s counter-culture Americans flocked there to seek the enlightenment of the gurus. Maybe now an economic future outweighs inner peace.

The truth is, people from all over the globe are risking all to come to the United States.

This is generally considered a problem. Many Americans dont appreciate an influx of people bringing other cultures that some worry will undermine our society. They also worry that immigrants will take jobs and drain public coffers through welfare.

But what if we viewed this influx as an opportunity? If you have a business and people are literally risking life and limb to get your product, then you have an opportunity.

This opportunity is clouded by preconceptions, of course. Many people think immigrants are only coming for handouts. But why would you travel thousands of miles, even across the ocean, with just the clothes on your back for food stamps? There has to be a more significant reason.

The answer is ironically opportunity itself. Immigrants have a reputation for working hard and taking jobs natives wont. Whos going to pick tomatoes, deliver Amazon packages and care for millions of aging Baby Boomers? We have jobs, and immigrants know it. Furthermore, they know that here at least they have a chance to improve their situation by working hard, maybe even starting a business.

Many Americans, even those opposed to immigration, would recognize this in their family history. My wifes ancestors, who came from Belarus and Ukraine, were trash haulers when they first arrived in America. Their children went to college and founded companies. Maybe even the immigrant owners of Fox News can recognize this in their past.

So why dont we find a way to harness the risk-taking drive of most immigrants?

In a world where Americas chief adversaries China and Russia have negative population growth and citizens clamoring to leave, maybe immigrants are an opportunity for America?

In a world where oligarchs and crony capitalists dont want change, why dont we welcome talented entrepreneurs to America with open arms?

In a world where education is restricted and autocrats want to control thought, why dont we educate the most promising students here to help build the American economy.

I dont have the answer, but comprehensive immigration reform should leverage the opportunity presented by the United Nations of migrants arriving at our border.

America is still, as the Pilgrim John Winthrop said, and President Reagan famously reiterated, a shining city upon a hill. Lets take advantage of this.

Chris Jennewein is editor and publisher of Times of San Diego.

Originally posted here:
Opinion: Maybe America's Immigration 'Problem' Is Really an Opportunity - Times of San Diego