House Judiciary Committee Issues Report on Venezuela TPS Act
Excerpts of the report follow:
Purpose and Summary
H.R. 549, the "Venezuela TPS Act of 2019," designates
Background and Need for the Legislation
I. TEMPORARY PROTECTED STATUS
The Immigration and Nationality Act (INA) authorizes the Secretary of Homeland Security to designate a country for TPS if armed conflict, natural disaster, or other extraordinary circumstances prevent the safe return of its nationals.1 Once designated, nationals of the country may register for permission to live and work lawfully in
1 See generally INA 244; 8 U.S.C. Sec. 1254 (2019).
Since 1990, when the TPS provisions were enacted, a total of 21 countries (or parts of countries) have been designated for TPS. At present, ten countries hold TPS designations:
2 See
3
II. CONDITIONS IN
A. Economic and political situation
Much of the political and economic turmoil that is unfolding in
4
5
6
7
In
8
9
10 Id.
11 Id.
12
13 UN: Nearly 700 Venezuela Arrests in a
14 Amnesty Int'l,
In mid-January, Guaido announced that he was willing to serve as the interim president until free and fair elections could take place, and he took the oath of office on
15 Ribando Seelke, supra, note 9, at 1.
16 More than 50 Countries Support Venezuela's Juan Guaido, Share America (
Since then, the
17 Ribando Seelke, supra, note 9, at 1.
18
19
20 Ribando Seelke, supra, note 9.
21 Id.
22
Meanwhile,
23 Id.
24 10 Things You Need to Know About Venezuela's Human Rights Crisis,
25 World Economic Outlook 2019: Inflation Rate, Average Consumer Prices,
B. Humanitarian crisis
Millions of Venezuelans are malnourished and lack access to safe water and basic medicine.26 In 2017, an estimated 87 percent of Venezuelans were living in poverty, with seven million in need of humanitarian assistance.27 Infant and maternal mortality rates are increasing, and previously eradicated diseases like diphtheria and measles have returned.28 These challenges go beyond the border and pose a threat to the entire region.
26
27
28 Id.
Since 2015, more than 3.7 million people have fled
29 Majority Fleeing Venezuela in Need of Refugee Protection--
30 Displaced Colombians Open Their Doors to Venezuelan Refugees and Migrants,
31 Asylum Applications by Venezuelans Soar to Over 400,000,
32 Venezuela Situation Update--
A recent report found that if oil prices and oil production in
33
C. The Venezuelan-born community in
In 2017, about 350,000 Venezuelan immigrants lived in
34
35
36 Id.
For the past three years, Venezuelans have requested asylum in higher numbers than any other population in
37
38
39 Madrid, supra, note 36.
Hearings
For the purposes of section 103(i) of
Committee Consideration
On
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of the
1. The motion to report H.R. 549, as amended, favorably was agreed to by a rollcall vote of 20 to 9.
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Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules of the
Committee Estimate of Budgetary Effects
In compliance with clause 3(d) of rule XIII of the Rules of the
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules of the
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The bill would:
Allow Venezuelans in
Estimated budgetary effects would primarily stem from Changes in revenues and outlays for refundable tax credits when individuals who receive TPS become eligible to work legally and receive
Subsidies for health insurance purchased through the marketplaces established under the Affordable Care Act by individuals receiving TPS
Areas of significant uncertainty include:
Estimating the number of Venezuelans who are in
Estimating the number of those Venezuelans who would apply for TPS
Projecting the employment and tax-paying behavior of those Venezuelans if they did not receive TPS
Bill summary: H.R. 549 would allow Venezuelans in
Estimated Federal cost: The estimated budgetary effect of H.R. 549 is shown in Table 1. The costs of the legislation fall within budget functions 550 (health), 600 (income security), and 750 (administration of justice).
TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 549
View table at https://www.congress.gov/congressional-report/116th-congress/house-report/168/1?s=1&r=15
Basis of estimate: For this estimate, CBO assumes that H.R. 549 will be enacted near the start of fiscal year 2020. CBO expects that the
CBO assumes that under current law, most of the Venezuelan nationals who would be affected by the bill will remain in
1 8 U.S.C. 1101(a)(15) defines many classes of nonimmigrant aliens who are permitted to reside in
CBO anticipates that under H.R. 549, most of the Venezuelan nationals who would be affected by the bill would remain in
The President could extend the TPS designation for
People affected by the legislation: H.R. 549 would allow Venezuelans to receive TPS if they were physically present in
The actual number of aliens present in
On the basis of that research and data, CBO estimates that around 300,000 Venezuelans will be in
Direct spending: CBO and JCT estimate that H.R. 549 would increase net direct spending for refundable tax credits, for health benefits, and for
Refundable tax credits: JCT estimates that H.R. 549 would increase outlays for the earned income and child tax credits, which are refundable, by about
Health benefits: People who are lawfully present in
CBO and JCT estimate that about 20,000 people who receive TPS under H.R. 549 would purchase health insurance through the marketplaces in 2020 and would have income that was low enough to qualify for the subsidies. That coverage would end when their TPS expired during 2021. The agencies estimate that the average cost of those subsidies would be about
Revenues: H.R. 549 would both increase and decrease revenues. CBO and JCT estimate that H.R. 549 would increase net revenues by about
Higher revenues, according to JCT's estimates, would largely stem from increased reporting of employment income by people who would gain work authorization and SSNs under the bill. Those workers would continue to possess SSNs in their own name after TPS expires. Thus, JCT estimates that some of those individuals would continue to earn and report income after the 18-month period of temporary protected status. That increase in reported wages would increase revenues, mostly in the form of
Slightly more than half of the increase in revenues from workers would be offset for two reasons. First, increased reporting of employment income would increase tax deductions by businesses for labor compensation, including those businesses' contributions to payroll taxes. As a result, corporations would report lower taxable profits and pay less in income taxes. Noncorporate businesses, such as partnerships and sole proprietorships, also would report lower taxable income, which would decrease individual income taxes paid by their partners and owners. (Some of those effects also would persist after the 18-month period of temporary protected status.)
Second, CBO and JCT estimate revenues would decrease by
Uncertainty: A significant source of uncertainty is the number of Venezuelans who are in
Another source of uncertainty is the number of those Venezuelans who would apply for TPS. Some could become eligible for other legal immigration statuses--removing the need to apply for TPS--at higher or lower rates than CBO estimates. Additionally, they could return to
The estimated change in revenues and refundable tax credits also includes uncertainty about whether affected Venezuelans would work without authorization and whether and how they would pay taxes--both under current law and after the expiration of TPS authorized in the bill. Aliens without work authorization might choose to work outside of the tax system, to pay taxes under their own previously received SSN, or to pay taxes under a false or stolen SSN.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go Act of 2010 establishes budget-reporting and enforcement procedures for legislation affecting direct spending or revenues. The net changes in outlays and revenues that are subject to those pay-as-you-go procedures are shown in Table 2. Only on-budget changes to outlays or revenues are subject to pay-as-you-go procedures.
TABLE 2.--CBO'S ESTIMATE OF PAY-AS-YOU-GO EFFECTS OF H.R. 549
View table at https://www.congress.gov/congressional-report/116th-congress/house-report/168/1?s=1&r=15
Duplication of Federal Programs
No provision of H.R. 549 establishes or reauthorizes a program of the federal government known to be duplicative of another federal program, a program that was included in any report from the Government Accountability Office to
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of rule XIII of the Rules of the
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
Section-by-Section Analysis
The following discussion describes the bill as reported by the Committee.
Sec. 1. Short title. Section 1 sets forth the short title of the bill as the "Venezuela TPS Act of 2019".
Sec. 2. Designation for purposes of granting temporary protected status. Section 2(a) designates
(1) are nationals of
(2) are admissible and not ineligible for TPS in accordance with the TPS eligibility standards (including waivers of certain grounds of inadmissibility) described in section 244(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1254a(c)(2)); and
(3) register for TPS in the manner established by the Secretary of Homeland Security.
Section 2(c)(1) requires the Secretary to provide advance consent to travel abroad to individuals granted TPS under the Act if there are emergency and extenuating circumstances beyond the individual's control that require a brief, temporary trip abroad.
Section 2(c)(2) states that an individual with consent to travel abroad shall be treated the same as any other individual with TPS upon return.
Additional Views
H.R. 5491 statutorily designates
1 Amendment in the Nature of a Substitute to H.R. 549, 116th Cong. (Venezuela TPS Act of 2019).
Ordinarily, the Secretary of
2 8 U.S.C. Sec. 1254(b)(1).
3 INA Sec. 244(b)(1)
At least 60 days before the expiration of the TPS designation, or any extension thereof, the Secretary, after consultations with appropriate agencies of the Government, must review the conditions in a foreign state designated for TPS to determine whether the conditions for the TPS designation continue to be met and, if so, the length of an extension.4 If the Secretary determines that the foreign state no longer meets the conditions for the TPS designation, the Secretary is required under law to terminate the designation.5 Such termination may not take effect "earlier than 60 days after the date the Notice [of termination] is published [in the
4 8 U.S.C. Sec. 1254a(b)(3)(A), (C).
5 8 U.S.C. Sec. 1254(b)(3)(B).
6 8 U.S.C. Sec. l254a(b)(3)(B)
Unfortunately, what was intended by
Upon review of TPS status for certain countries,
7 USCIS Website, at https://www.uscis.gov/humanitarian/temporary- protected-status
8
Chart 1:
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It should be noted H.R. 549 was considered immediately after, and in the same markup as H.R. 2821, in which the
In fact, Chairman Nadler stated at the markup for H.R. 2821, the "American
9 Statement of Chairman
Ranking Member Collins predicted in his opening remarks that without reforms, if H.R. 549 becomes law, future administrations will continue rubber stamping TPS re- designations for
Sincerely,
The full text of the report is found at: https://www.congress.gov/congressional-report/116th-congress/house-report/168/1?s=1&r=15
TARGETED NEWS SERVICE,
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