tv Key Capitol Hill Hearings CSPAN July 25, 2019 7:17pm-8:01pm EDT
7:17 pm
eastern, a discussion about the 1980 refugee act. >> i think president carter's decision to push for that back and to implement it was a hugely important humanitarian decision. he deserves every bit of the credit we have heard here today. that said, we have to be realistic and say that doesn't solve all the problems. infected creates them >> that is 6:00 renowned civil war scholar, gary gallagher. >> whatever he did in academia should have some dimension that reached out to people who were just interested in the area the way i had been when i was growing up. and it seemed there should be more bridges between academia and the public then there are. one of the key places where that can happen, i know also
7:18 pm
from experience, was at battlefields, where you can make a connection to the past in a way you can't >> sunday 4:00 p.m. eastern on real america in 1967 film details civilian injuries and death caused by u.s. bombing of north vietnam. >> i used to come home from school very happy. father, mother, grandfather and grandmother. but all 15 of them, including an unborn baby, have been killed. only i am left. even little babies, innocent victims of these american air raids >> 6:45 p.m. historians discuss healthcare policy since world war i. >> truman's was universal and would have covered everyone. polls showed initially the majority of the public, up to 75% supported the idea of health insurance for all the of the social security system
7:19 pm
>> explorer our nation's passed on american history tv, all weekend, every weekend only on c-span 3. >> this weekend on book tv saturday, e-15 eastern, and her latest book "what do we need mentor" advice columnist talks about experiences of sexual assault throughout her life, including an alleged assault by president donald trump in the mid-1990s. >> they take what they want they have the choice of women and that is how this is reading, all these women the more women, he's like genghis khan more like alexander the great, like kennedy, clinton jefferson. it is a mark of a leader in many people's is to see a man taking what he wants >> at 9:00 p.m. from freedom fast the annual libertarian conference in las vegas, we feature author john
7:20 pm
lott with his book "the war on guns" >> 45% of the countries in the world don't report firearm homicide data. and the countries that don't report firearm homicide data other countries that tend to have the highest homicide rates >> on sunday coverage from freedom fast continues at 8:00 p.m. with former georgia congressman bob barr talking about his book "the meaning of is quick. >> we have allowed public discourse and political activity to sink to the level where we don't demand a requisite amount of understanding, education, civility and professionalism in what we do with an demand of our elected officials. what happens then is those important mechanisms, such as impeachment, are devalued
7:21 pm
>> at 9:00 eastern on afterwards, in his new book, "the domain" former george w. bush administration special advisor for cyber security, richard carr, talks about how to make cyberspace less dangerous. >> there are corporations in america that are pretty secure. are they in vulnerable to attack? no, but they are resilient to a can someone penetrate their network? sure because there's no perimeter anymore but can they do real damage to those companies? and the answer is no >> watch book tv every weekend on c-span 2. the house judiciary subcommittee on immigration and citizenship recently held a hearing on immigration policy changes and prefacing delays at u.s. citizenship and immigration services. immigration advocates and experts discuss the increasing
7:22 pm
application backlog at the agency. this is about 40 minutes. . >> we had a number of votes and hopefully we will get some of the other members on their way back. for now we will start with our second panel and i would like to introduce all of them. before i do let me ask you all to stand, raise your right hand and do you swear or affirm under penalty of perjury that the testimony you are about to give is true and correct to the best of your knowledge, information and belief so help you god? the record will show each of the witnesses replied in the affirmative now we will introduce our full witnesses. more kevin lynch present
7:23 pm
american immigration lawyers association and partner at the chicago office of where she specializes in business immigration programs and i-9 compliance. she has authored numerous pieces on business immigration for legal publication. she has served as a member of the leadership board of the national immigrant justice center in chicago and currently advises several chicago-based organizations that provide assistance to underserved immigrant communities. the director of advocacy at the catholic legal immigration network. she's worked in immigration filled for nearly 20 years. prior she served as board of directors of the information and referral network based nonprofit that supports immigrants, refugees and. she also served as director of the global immigration council
7:24 pm
and worked in private practice on a multitude of works. the director of the immigrant legal resource center. prior to being named executive director in 2007 he supervised legal work as legal director and staff attorney. he has been a professor of immigration law and is supervised immigration law clinics at stanford and has co- authored countless publications and practiced, specializes in naturalization citizenship issues. jessica vaughn served as director of policy studies for the center for immigration studies where she has worked since 1992. she is also an instructor for law enforcement officer training seminars at northwestern university's center for public safety in illinois. prior to her work she was a foreign service officer with the u.s. department of state
7:25 pm
were she served in belgium as well as trinidad and tobago. we thank each one of you for being here. as you know we have your written statements which will be made part of the record and we ask your testimony be about 5 minutes. there is a light system somewhere. when you are a minute away the yellow light will go on and the red light is supposed to go on when your time is up. we ask you stay within that timeframe and we are eager to hear from each one of you. >> chair lofgren thank you for the opportunity to testify before you today and the bipartisan issue of reducing processing delays. i am the elected president at the end american immigration association of a private bar association more than 15,000 immigration attorneys and law professors.
7:26 pm
i am also a partner at the law firm where i specialized in business immigration and represent a wide range of americans companies. collectively we represent businesses, families and people seeking protection before uscis and uscis and virtually every kind of immigration application. unfortunately, our experience reveals a troubling reality. today's agency ripe with processing delays driven by the agency's own inefficient policies and practices. congress established uscis to be a service oriented agency that meets the needs of americans businesses and families. to accomplish this the agency must process its application sufficiently and timely in a manner that protects the immigration system. the magnitude of the delays now facing uscis customers, many of whom pay significant fees for uscis services are extreme. uscis has a history of chronic
7:27 pm
management problems and processing delays but delays are particularly acute now. analysis of uscis data reveals that between fiscal years 2016 and 2018 the agency's average case processing time surged by 46% in the overall backlog of delayed cases exceeded 5.69 million. the slowdown has a significant impact on u.s. business and families. delays restrict the ability of businesses to hire workers to be competitive nationally and globally. the prolonged the separation of families. they endanger those that need humanitarian protection and stall the integration of aspiring u.s. citizens. this is not a matter of ideology or politics. u.s. businesses and individuals are paying substantial filing fees for applications for integration benefits. the agency implementation of the legal immigration system is
7:28 pm
simply a matter of good governance. leaders in congress, both sides of the aisle have recognized the critical impact uscis delays are having an with bipartisan action have called for greater accountability. in march of this year a bipartisan delegation of ten house members from the houston area, some on the subject candy, wrote the the timely and ability to act was quote a hindrance to our region's future. in may, 30 u.s. senators, including 19 republicans and 19 democrats expressed alarm over uscis' nationwide slowdown. in response, uscis has largely attributed backlog to constraints in high numbers of applications. however, uscis' own data shows that in fiscal year 2018 the agency's budget grew and application rate significantly declined. yet during that same time, case
7:29 pm
processing times increased by 19%. what the evidence demonstrates is that in fact the agency's own inefficient policies are driving the longer processing time. in my testimony i cite many of the problematic policies uscis has implemented. here are three. first, and october, 2017 uscis imposed a policy mandating an in person interview for everyone applying for a green card through his or her employer. officers have the discretion in select cases for an interview but now the agency requires in person interviews for every single applicant, even if there is no indication it is necessary. the strings valuable adjudication resources that could otherwise reduce the backlog. second, and 2017 uscis changed its 2004 policy to now require the agency to re- adjudicate every application for an extension status even where the
7:30 pm
same employer is applying for the same employee for the same job under the same visa type and where there has been no meaningful change in circumstances. third, uscis data shows significant spikes and request as proper evidence being issued from the agency. these help case processing, often request irrelevant or previously provided information and create an additional time- consuming and resource intensive step in the process. in my own practice, i have witnessed the growth in case processing delays and the harmful consequences for businesses nationwide. i have seeing companies workforce gaps going on field, i have seen workers losing employment authorization and the uncertainty that pervades the business environment. as a result our countries losing valuable university graduates, talented professionals and entrepreneurs from abroad, choosing destinations other than the united states because the
7:31 pm
stress, the lengthy processing time and pretty ability of the u.s. immigration process creates an environment that is inhospitable to innovation and attracting and retaining global talent. members of the subcommittee, it is imperative that both uscis and congress act swiftly to eliminate processing delays and destructive consequences. most importantly, uscis should revert in the inefficient policies that needlessly delay education. and to strengthen accountability you css and ensure the agency serves the american people are families and businesses. congress gave uscis an mandate and for the sake of our national interest the agency must fulfill it >> thank you very much. we will not hear from -- >> good afternoon, i am the
7:32 pm
director of advocacy of the catholic league immigration whale an attorney with about 20 years experience in immigration law. we are really grateful for this invitation. guided by our catholic identity and mission to welcome the stranger, we promote the right and dignity of immigrants. our network of over 370 nonprofit immigrant legal service agencies serve hundreds of thousands of low-income immigrants each year, providing us with valuable insights and real life examples of the problems they face. over the past two years we have been increasingly alarmed to see political leadership but uscis, toward enforcement and away from it congressionally mandated purpose. customers provide sensitive, personal information about themselves and their families to uscis. baby application fees with hard- earned money, and they put
7:33 pm
their trust in this agency. under the current leadership, their lives are being upended as deliberate policy choices and gross mismanagement have led to crisis level case processing backlogs. for example, longer forms asking for unnecessary information create needless redundancies and drain resources. cases with small errors or issues previously resolved through customer service have been tonight. forcing everyone to go back to square one. uscis's stopped processing work permits within 90 days and made it harder to request expedited processing. slow processing times rob people of their dignity, livelihood and security. they also shape people's trust in our immigration system. written testimony explains in detail problematic policies we have identified as well as human consequences. today the list up three. the harm caused when uscis failed to process work permits
7:34 pm
on time. he came to the united states in 2011 to study engineering. just as syria's civil war was erupting. and able to go home after his student visa ended he applied for temporary protected status and found a job at a small firm in oregon. he has faced numerous consequences to due to processing delays including renewing his drivers license, gaining access to his own bank accounts and losing hours and much needed income. also deprives americans when green card processing stalls. for example a catholic priest from india serving a 116-mile rural area in upstate new york. he celebrates mass, officiates weddings, visits the second presides over funerals. waiting over two years for his green card forced him in his diocese to submit multiple applications to uscis.
7:35 pm
because of this his drivers license is connected to his immigration status he has experienced difficulty getting it renewed. his work permit and drivers licenses are key tools that allow him to serve. here, uscis delays may cause a vulnerable parishioner to miss receiving pastoral care at a critical time in their life, including last rites. these are not the only cases being delayed. lifesaving applications of slowed to slow to in your home. cheryl, a dominican national and survivor a brutal domestic violence, weighted for approval for her green card for nearly a year. that is four times the normal processing time. she fled her abuser but without a work permit cannot provide for children and was forced to move back. the violence immediately began again. undercurrent processing times she would have to endure another six months. this is absurd and immoral. cheryl and her children should
7:36 pm
be safe right now yet they are at the mercy of uscis to process her case. the current situation at uscis is wholly and completely unaffordable. has been brought on by misdirection, mismanagement and poor policy. to raise fees now would force applicants and petitioners to pay the cost of uscis's own failures. uscis must resend the policies they have brought us to this current crisis, and must prioritize clearing the backlog, survivor -based applications place limits on processing time for work permits and other applications to ensure the most vulnerable are protected. i thank the committee for your attention to these issues and i urge all members of congress to talk with their constituents and district office staff to learn more about the harm these backlogs are causing. congress must hold uscis accountable. we can right the ship and restore safe faith in our immigration system together. thank you.
7:37 pm
>> thanks very much. mr.chilum. >> chairman lofgren, ranking member chairman chairman and distinguished members of the subcommittee thank you very much for the opportunity to appear before you. the crippling nationalization backlog at uscis and the policies and processes that has caused the backlogs. i'm here representing the immigrant legal resource center. for 40 years we have provided immigration legal recesses to practitioners. will be the new americans campaign, the single biggest naturalization collaboration in the history of united states which has helped over 400,000 people complete their applications. our nation's naturalization program is in a state of dysfunction and uscis is not adequately, fairly and efficiently processing naturalization applications. instead of remedying the situation, the trump administration's policies having separated and manageable backlogs, the weight has ballooned to an unacceptable levels and the result is naturalization applicants and their families are suffering.
7:38 pm
the naturalization we time is gone from 5.8 months in 2015 trent youtube 10.3 months in 2017. as of march, 2019 averages ten months. in miami, dallas and new york, time has stretched nearly two years. there are several reasons. first, this administration has not prioritized addressing backlogs and is not dedicated sufficient staff resources to clearing the backlog. in previous years whether a backlog made significant process, clearing the backlog because it was viewed as a priority. sadly, this is not happening under the trump administration. second, this administration spends an an inordinate amount of time, this coming march, 2019 we surveyed partners, new american campaign partners across the nation asking to report changes in uscis practice they have observed. many surveys reported that nationalization interviews are lasting longer on average approximately twice as long as the past, thus contributing to
7:39 pm
the backlog. respondents reported uscis adjudicators are also viewing naturalization applicants with more suspicion. in one case the adjudicator asked for proof of marriage even though the couple have children together in the marriage was determined valid by uscis during the green card interview. often adjudicator increase require applicants to provide information outside the scope of naturalization applications thus delaying adjudication. partners report uscis adjudicators are asking for travel history beyond the five- year required statutory period and question the legitimacy of applicants, low income status by asking irrelevant questions, even after the fee waiver has been approved. in one recent case, an 82 -year-old iranian woman applied. to the interview the uscis adjudicator decided to revisit details of her asylum case, including the trauma she suffered in iran, even though the details were vetted during the si limiter you nine years
7:40 pm
earlier. she broke down during the interview and was unable to complete the interview, causing her to be denied. lastly, uscis policy directives have ship did its mission from a benefits agency to one that rx barriers and serves as an enforcer. these include proposing changes of new naturalization applications by adding vague and legally overbroad questions, inviting arbitrary and inconsistent adjudications, wrapping up naturalization efforts, engaging quote extreme bedding, proposing restrictions to fee waivers and considering substantial fee increase. naturalization not only benefits applicants, it also benefits the u.s. economy. studies show increasing citizenship results in the and increased gdp and increased individual earnings and billions in additional tax revenue. in 2013, i was fortunate enough to be invited to speak on a panel at the george w. bush presidential library in dallas,
7:41 pm
texas. the event's focus on naturalization and included a naturalization swearing in ceremony at which president george w. bush gave a wonderful speech. at one very powerful moment in his speech, president bush told the soon to be american citizens quote "in a few moments, we will share the same title. a title that has meant more to me than any other, and i have had a lot. that would be citizen of the united states ". citizenship is an important part of the foundation of our democracy and we should all work to ensure that our naturalization process is administrated fairly, efficiently and reasonably. thank you very much for letting me speak today, and i look forward to taking your questions. >> thank you very much. ms. vaughan, we would be happy to hear from you. >> thank you. every single day uscis officers face the challenge of balancing their responsibility to make the correct decision on sometimes complicated applications, with the need to do so within a reasonable timeframe. it is something i did on a daily basis when i was an officer adjudicating visa
7:42 pm
applications. officers always have to be on the lookout for fraud, which is sometimes rampant, depending on the category, or people who are safety and security risks. that is not always easy to detect. on top of it, agencies are constantly subject to pressure from special interest groups such as employers that sponsor foreign workers and immigration attorneys who are sometimes pressuring the agency to adopt policies or practices they believe dave or their business or client. especially to make decisions faster. too often uscis leadership has succumbed to pressure, as a result, has overemphasized swift processing at the expense of correct and fair adjudications, with disastrous results for american workers and others who suffer harm because of these rushed decisions are questionable per physician of cases. adding to the challenge, uscis has to follow a cumbersome procedure for setting and click in fees that cover the actual cost of adjudicating applications.
7:43 pm
and subsidizing some applications. this leads to chronic understaffing, which hinders productivity. as we have heard, uscis has to deal with what are essentially unfunded mandates, and an agency the defense almost completely on fees. such as processing record number of asylum applications and work permits for them. this afternoon, we have heard a lot of criticism of changes the trump administration has made to improve the screening of applications, and to address the fraud and gaming of the system. most of these, like the interview requirement and the issuance of ntas are just common sense. i address them in more detail in my written statement. others, like ending the difference policy and allowing for the refusal of frivolous applications from the get-go help unclog the system so the legitimate applicants are not disadvantaged. some of these changes,
7:44 pm
advocates complain about, actually have reduced processing times. but advocates have been silence on a policy change that is most responsible for the backlogs before the election cycle, and that was dark out. since 2012, dr. has added more than 2.4 million applications to the uscis workload. 910,000 initial applications and more than 1.5 million renewals. if you examine the charts in the uscis testimony, you can see the concerning growth in the backlog began shortly after docket was implemented. to be sure, the naturalization made that backlog work later but the doctor workload is still a major contributor to the problem. the uscis testimony we just heard confirms that docket was responsible for about three quarters of the backlog growth that occurred before 2016. and the biggest growth we heard
7:45 pm
this afternoon occurred from 2016 and 17, which is before the trump administration policy changes. even more consequential than the size of the daca program, is the fact that the fees for docket did not cover the true cost of processing the application. essentially, the dock applicants got the benefit for half price. this meant that uscis could not hire enough staff for the job and had to cut corners in adjudicating the applications. it also meant that the applications of legal immigrants, especially family applications, were sidelined. to add insult to injury, because the docket benefits were given at half price, these legal immigrants had to subsidize the cost of the daca program to the fees they paid. i commend the committee for its concern over the backlogs and i share those concerns. but if members are looking for ways to actually improve the situation, instead of just looking for pretexts to use the
7:46 pm
backlog as a cudgel against the trump administration, and as cover for restoring policies that are too lax, there are options. first, don't add to the problem by creating programs that add to uscis' workload without generating resources, to cover staff and infrastructure needed to administer the program properly. and, do not legislate changes that result in looser screening, just to please employers who want it to be easier to replace u.s. workers. also, focus on finding ways to enable uscis to be more nimble in setting fees and putting them to use on behalf of the applicants. under the bush administration, uscis received a large appropriation from congress to address the backlog. in my view this ideally should not come from taxpayers, but perhaps in the form form of surcharges collected from employers or others who benefit from our immigration program.
7:47 pm
another option would be to allow uscis to impose a surcharge on dr. renewals, to help make up for the impact the program has had on the backlog. above all, remember we must not compromise the security and the integrity of the immigration system to please special interests. >> thank you very much. thanks to each one of you for your testimony, as well as your written statements that are part of our record. i would turn out to the ranking member for any questions or statements he may have. >> first want to say sorry. i wish we had more members, and in which we had not had votes interrupt hearing. i very much appreciate you being here. it is an important issue for both sides of the aisle, an important issue we want to sell. we may have differences in opinion on exactly the cause of the problem, but reducing the backlog is something that is very important. there are three parts of my job that i really liked. and only three parts.
7:48 pm
and none of them happen in the swamp. the first is i get to nominate students to academies. i am extremely proud of that. the second is i get to congratulate participants in the annual art competition and i am extremely proud of that. the third is i get to intend naturalization ceremonies. and it is a thrill i wish all americans could participate in and understand exactly the life changing event that occurs for all those who are joining us as american citizens. i think we heard from three nonpolitical civil servants, career individuals, who spend their lives trying to efficiently and effectively implement a program. they have identified a number of challenges and i am hopeful that we can, as a congress, as
7:49 pm
a legislative body, support their efforts to make sure we are allowing the right people to become u.s. citizens. and as many of the right people as possible to become u.s. citizens. it is something, i look at my grandparents u.k. here from norway and i think that all of us can identify relatives who have immigrated to this country, relatives we are very proud of who took the risk to come here and i am thankful for the chairwoman for calling this hearing. again, i wish we had greater participation. so thank you very much for being here. >> the gentleman yields back. i would like to, ms. lindt the testimony regarding the rfps
7:50 pm
7:51 pm
is a specialty applications. the impact on employers. see the state today in my practice. of it impact that is making some of the other side very difficult to plan. these are companies that are trained around business. whether or not it is a r&d company. they are trying to remember this. recruiting a new challenge. living in the very tight job market. 's companies are other employees.
7:52 pm
so they can run the business continued to be objects the research may be doing. there especially exasperating that. is a whole level of uncertainty in terms of outcome on important positions. >> i would like to help you how the successful effort on the bill to ultimately eliminate the park for allocation. to that becomes law, we know these are from certain countries. extraordinary raise. i will just give you an example us about it came in for my district.
7:53 pm
they are waiting and waiting. the same employer it takes a medical doctor. now he is to request for evidence on the renewal. are using some of the in other fields? >> certainly. we have also got reports from other members within our association. a lot of different industries. a lot of different types of employers. a represent employers in financial services. we are seeing this for evidence affect a lot of different industries. make it difficult for these employers.
7:55 pm
also to be a lot more evident. is 191 pages long. when they're having to respond to the request, by the way it is a man limited to five years, we do not get extensions. brought it arrested for evidence. having to send the pastor and the priest. good way for the applications to be processed. it takes a leader. that has been ministering to for five years.
7:56 pm
language skills. the text them back to their home country. there waiting for an investment period of time. that is a lot of money spent by the diocese. consequences from community members. >> i have seen my time has expired. i will call a halt to my questions. i will note our record is open for five days. we may have additional questions for each of you. i would ask that you respond in a prompt way. i do appreciate your testimony.
7:57 pm
it is not only important to hear your written testimony. people do not realize that witnesses are volunteers. they are not paid to be had. we appreciate the efforts you have made to inform the u.s. congress so we can make important decisions. with that, unless there is something for her, this hearing is adjourned.
59 Views
IN COLLECTIONS
CSPAN3 Television Archive Television Archive News Search ServiceUploaded by TV Archive on