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LABOR & EMPLOYMENT LAW — 7/7/08

House Appropriations Committee approves Homeland Security Appropriations Bill, rejects E-Verify extension

The House Appropriations Committee has marked up and approved the FY 2009 Homeland Security Appropriations Bill. The bill would provide the Department of Homeland Security (DHS) $39.9 billion in discretionary spending for fiscal year 2009. This represents $2.3 billion more than President Bush's request and about a six percent increase over the $37.67 billion enacted for FY 2008. US Immigration and Customs Enforcement (ICE), DHS's largest enforcement arm, would receive $4.8 billion, roughly $78 million more than in FY 2008 and $65 million more than the President's request. In particular, the bill mandates that $800 million of the funds allocated to ICE be used to identify dangerous criminal aliens and prioritize in an effort to reprioritize ICE's enforcement activities. According to the Federation for American Immigration Reform (FAIR), "the spending requirement could restrict ICE's ability to fund other enforcement priorities should the need arise." Representative Jack Kingston (R-Ga) had offered an amendment to shift $2.3 million from the overall bill specifically to fund ICE's worksite enforcement efforts, but the committee rejected the amendment. The bill provides approximately $90.7 million for enforcement activities, which is short of the President's request of $93 million. More on the bill can be found at: http://appropriations.house.gov/pdf/HSFY09FCSummary06-08.pdf

As part of its markup, the committee also rejected an amendment from Representative Ken Calvert (R-Cal) that would have extended the federal government's E-Verify program for 10 years beyond the program's November 30 expiration date. The amendment was challenged by Subcommittee Chairman Price (D-NC) and Chairman Obey (D-WI) who stated that the House Judiciary Committee had sent a letter asking the Appropriations Committee to not pass the amendment to reauthorize E-Verify. However, Obey and Price appeared open to the possibility of including extension language in the Homeland Security Appropriations bill at a later time if the Judiciary Committee is not able to pass a reauthorization of E-Verify. The amendment failed on a party line vote with 36 Democrats voting against and 25 Republicans voting in support.

E-Verify is the voluntary web based-based system operated by DHS s US Citizenship and Immigration Services (USCIS) bureau in partnership with the Social Security Administration that allows participating employers to electronically verify the employment eligibility of their newly hired employees. More information on E-Verify can be found at: http://www.dhs.gov/ximgtn/programs/gc_1185221678150.shtm

Calvert is the original author of E-Verify, which is mandatory in Arizona and Mississippi. Calvert testified on his legislation to make E-Verify mandatory (H.R. 19) and to extend the current program (H.R. 5596) before the Committee on the Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law on April 27, 2007 and June 10, 2008.

The Homeland Security Appropriations Bill, which passed out of committee by voice vote on June 24, 2008, will next head to the full House for a vote. The Senate Appropriations Committee has already approved the Senate's version of the bill (S. 3181) on June 19. The Homeland Security Appropriations Bill has already been placed on the Senate's legislative calendar.

For more information on this and other topics, consult CCH Employment Practices Guide or CCH Labor Relations.

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