House advances the SAVE Act!

With Congress heading out of town for the two-week Easter recess, the House of Representatives finished the week on a high note.

Yesterday, the House approved the Senate-passed budget reconciliation blueprint, allowing Republicans to begin drafting the actual reconciliation bill. The House also passed the SAVE Act (H.R. 22), introduced by Rep. Chip Roy (R-TX), which would require proof of citizenship when registering to vote and require states to establish an audit process to remove noncitizens from their voter rolls.

Four Democrats joined all the Republicans who were present to support the SAVE Act: Reps. Ed Case of Hawaii, Henry Cuellar of Texas, Jared Golden of Maine, and Marie Perez of Washington. Reps. Vicente Gonzalez (D-TX) and Donald Davis (D-NC) voted in favor of the legislation in the previous Congress but voted against it on Thursday.

The bill now moves to the Senate, where Sen. Mike Lee (R-UT) has introduced an identical companion bill, S. 128. We expect that Senate Majority Leader John Thune (R-SD) will bring the SAVE Act to the floor for a vote, unlike his predecessor, Sen. Chuck Schumer (D-NY), who refused to bring the House-passed bill to the floor during the previous Congress.

However, it is likely that this will only happen if the Senate bypasses the Senate Rules Committee, where the bill is currently headed. Sen. Mitch McConnell (R-KY) chairs the Rules Committee and apparently has indicated that he has no intention of moving it. To avoid that fate, a Senator will have to use Rule XIV to bypass the committee and move the bill directly to the floor for a vote.

You can view Thursday's House vote here.

As for the budget reconciliation process, Thursday's House action moves it to the next step. Republicans in the House and Senate will begin drafting massive legislation that addresses Pres. Trump's priorities, including tax reform, defense spending, and, of course, immigration enforcement funding. 

The resolution passed by both chambers authorizes up to $175 billion for immigration enforcement. As we told you last week, we expect the final number will be lower than $175 billion. However, the Immigration Accountability Project has been assured by administration officials that interior enforcement is their top priority, that Immigration and Customs Enforcement and Customs and Border Protection will get the funding they need to deliver on Pres. Trump’s campaign promises, and that funding for border wall construction will be included.

Companion Bills introduced to end Chain Migration

This week, Rep. Eli Crane (R-AZ) and Sen. Jim Banks (R-IN) have introduced legislation that would end chain migration. The Nuclear Family Priority Act (H.R. 2705 and S. 1328) would eliminate the green card categories for parents, siblings, and adult children. Family-based immigration would be limited to the spouses and minor children of citizens and lawful permanent residents. It would also add a new, renewable nonimmigrant visa category for parents of U.S. citizens. The parents would not be permitted to work, and their sponsors would have to provide proof of health insurance for them.

View our fact sheet detailing the U.S. Immigration system here.

Immigration News

Justices Hand Trump National Security Win That Protects Public From Illegal Alien Criminals
The Supreme Court was active this week, responding to lower court actions against President Trump’s immigration orders. As detailed by our friends Hans von Spakovsky and Thomas Jipping of the Heritage Foundation in The Daily Signal, in a 5-4 ruling, the Court sided with the Trump Administration, overturning a nationwide injunction from a lower court judge (Judge James Boasberg). The decision cited jurisdictional limits under the Alien Enemies Act, stating that individuals detained under this act must challenge their detention through individual habeas corpus petitions in the district where they are held, not through class-action lawsuits like the one created by Judge Boasberg. This is likely a promising development for future enforcement actions.

Supreme Court orders Trump administration to do its part to bring immigrant back from El Salvador
Just yesterday, the Supreme Court issued another high-profile decision, this time in a unanimous decision against the Trump Administration. The media has been highlighting the least flattering cases in the deportation efforts, and the case of Abrego Garcia has been in the news almost daily. A DOJ prosecutor referred to his removal to El Salvador as an “error” when it came to light that an immigration judge granted him “withholding of removal.” The Trump Administration has been ordered to “facilitate” Garcia’s release from prison in El Salvador and return to the United States for further proceedings. If you’d like to read more about this unusual case, our friend Art Arthur from the Center of Immigration Studies has a deep dive here. 

Legal status revoked for 985,000 migrants who entered US under Biden-era CBP One app
The Trump Administration continues to undo some of the damage done by the Biden Administration. The Hill reports that Secretary of DHS Kristi Noem has revoked parole from the 985,000 illegal aliens the Biden Administration admitted under its illegal CBP One App parole scheme. This is in addition to their revocation of parole under the CHNV program, and efforts to terminate the extensions of Temporary Protected Status (TPS).

IRS acting commissioner is resigning over deal to send immigrants’ tax data to ICE, AP sources say
In a recent newsletter, we mentioned that the IRS was working on a data-sharing agreement with ICE to help locate illegal aliens. This week, after years of the IRS refusing to cooperate with immigration enforcement, a deal was struck with the Treasury Secretary Scott Bessent. As a result, the acting commissioner of the IRS, Melanie Krause, has reportedly resigned. Good riddance!

Which Sanctuary Jurisdictions Have Released the Most Criminals?
Finally, this week, we have an excellent report from our friend Jessica Vaughan at the Center for Immigration Studies on which sanctuary jurisdictions declined to honor the most ICE detainers. These detainers are critical in allowing ICE to take custody of aliens who have committed crimes. Check and see if your state or locality is on the list.

In related news, President Trump announced this week that he was “working on papers” to withhold funding from sanctuary cities. 

Next Week

The House and Senate are on recess for the next two weeks.