Latest From The Hill
Here is the latest we are hearing on Section 8001 of S. 1932 (providing for retrogression relief, and recapture of significant quantities of H numbers and permanent EB numbers) in particular and the Budget Reconciliation package in general:
According to RollCall, a capitol hill newspaper, the House and Senate leadership has decided that they cannot adjourn for the year over the weekend, and that both chambers will need to remain in session at least through Tuesday. Immigration Daily has separately learned that it is likely that Congress will stay until the 11th hour, i.e. Friday before members can return home to their families for Christmas. Regardless of when they adjourn, the House of Representatives will not convene again all the way through January 31st - more than a month later (this is to give Rep. Delay time to clear up his legal troubles and prevent a leadership fight within the House Republicans). And a month is a looong time in politics, so ...
There is considerable pressure on Congress to wrap up the difficult appropriations process now, lest it become even more difficult with the passage of time. Congress will likely work on a massive Omnibus Reconciliation package containing the following elements: the Labor-HHS Appropriations bill (which has failed to get the required votes in the Senate as of this writing), the Defense Appropriations Bill, the Katrina tax relief measure, the ANWR (Arctic drilling) provision, the budget reconciliation bill (S. 1932 - currently in conference), and perhaps other odds and ends. The only major things that may remain on the table for next year are extension of the Patriot Act and the tax reconciliation bill. Negotiations on money matters (the mother's milk of politics) are always contentious and stressful, to illustrate: on Thursday evening, House Energy and Commerce Chairman Joe Barton suffered a heart attack during budget reconciliation conference negotiations and he remains hospitalized.
Immigration Daily has learned that Section 8001 of S. 1932, sorely needed by the immigration community, was included in initial drafts of the budget reconciliation conference report, and was later pulled, ostensibly under pressure from a handful of Republican House members who threatened to vote against the reconciliation conference report if it included immigration benefits relief provisions. Given the number of controversial provisions in the large bills currently being crafted, it is reasonable to believe that there must exist many provisions for which a group of 20 Republicans would threaten withholding of their votes unless their desires were capitulated to. It is unlikely that the House or Senate leadership would be fazed by such blackmail. Unfortunately, several key business immigration lobbyists gave up the issue as lost, and some have reportedly left the Beltway to be with their families for an early holiday season.
The fact is that this is a new battle for pro-immigrationists - the arguments are not about human rights or humanitarian considerations, nor about the competitiveness of American employers - instead the arguments this time revolve around money - not money for campaign contributions, but money for Uncle Sam's treasury - a not-insignificant half-billion dollars plus (CBO estimates) is at stake in exchange for the immigration benefits in Section 8001 of S. 1932. With money scarcer than hen's teeth right now inside the beltway, and with intense pressure to finish appropriations, pro-immigrationists have a strong hand, if they have the ability to play it right (one example is to try to secure the immigration benefits for a higher L fee than S. 1932 mandated if necessary). In addition, Immigration Daily has learned that hundreds of calls and faxes are flooding Congress supporting the inclusion of Section 8001 in the final reconciliation conference report.
Currently, one of three things appear to be possible: (A) the final Act will include Section 8001 of S. 1932 (providing for retrogression relief, and recapture of significant quantities of H numbers and permanent EB numbers) in exchange for a lot of money for the US Treasury, (B) the US Treasury will sock it to L visa users in exchange for nothing at all (except for establishing the appalling precedent that monies for visa processing can be diverted to the general treasury, and not be applied toward benefits processing or some other designated immigration-related purpose), and (C) nothing will happen, the status quo will prevail.
