THE DAILY WHIP: THURSDAY, SEPTEMBER 14, 2017

H.R. 3697 – Criminal Alien Gang Member Removal Act (Rep. Comstock – Judiciary) (One hour of debate).  Republicans are supposedly bringing this bill to the Floor to combat transnational gang violence, such as violence caused by gangs like MS-13.  However, this legislation, if enacted, would classify large groups of immigrants as “gang members,” including members of the faith community who assist undocumented immigrants with housing, transportation and other humanitarian needs, and make it easier to deport people, even lawful permanent residents, with no involvement in criminal gangs whatsoever. 

Under this bill, a “gang” is defined for the first time under the Immigration and Nationality Act (INA) as “an ongoing group, club, organization, or association of five or more persons that engages in a broadly defined range of criminal offenses, including “harboring” immigrants.  This “harboring” provision would not be restricted to those in the business of smuggling immigrants, but could include anyone who provides shelter, transportation or support to undocumented immigrants.   The federal courts have found that “harboring” includes offering an undocumented individual a place to stay.   This statute has been used against religious workers, as well as persons who live with undocumented family members.

Religious groups have come out against this legislation because, under this definition of “gang,” religious workers or household members of undocumented immigrants could be considered a “gang.”  There is no exception in the current bill for humanitarian or religious groups that work to help immigrant populations.  Additionally, the legislation is retroactive, so aid workers and religious groups could, depending on their immigration status, be detained or deported upon enactment of this bill.

H.R. 3697 was introduced on September 7th and was immediately scheduled for Floor consideration without a single hearing and with just three Republican cosponsors.  It is clear this bill is part of a larger plan by the Trump Administration, House Republicans, and anti-immigrant groups to make it easier to deport immigrants.  While violence from groups like MS-13 should be addressed in a clear and responsible way in order to protect our schools, communities, and thousands of immigrants who fled to the United States to escape them, H.R. 3697 is not the answer.  

The Rule, which was adopted yesterday, provides for one hour of debate equally divided and controlled by the Chair and Ranking Member of the Committee on the Judiciary.  Members are urged to VOTE NO.

Complete Consideration of H.R. 3354– “Make America Secure and Prosperous Appropriations Act, 2018” (Rep. Frelinghuysen – Appropriations).  Before the August district work period, the House passed a package of four regular appropriations bills for FY 2018 as part of a “security minibus.”  That package included the Defense, Legislative Branch, Military Construction-Veterans Affairs, and Energy and Water Development bills.  In addition to multiple poison pill riders, it also contained a fifth division with $1.6 billion in taxpayer funding for construction of President Trump’s border wall.

H.R. 3354 packages together the eight remaining regular appropriations bills for Fiscal Year 2018 in discrete divisions.  They are: Interior & Environment; Agriculture; Commerce, Justice, Science; Financial Services; Homeland Security; Labor, Health and Human Services, Education; State and Foreign Operations; and Transportation-Housing and Urban Development.  A summary of the eight divisions can be found here.  Upon passage, these will be coupled with the security minibus’s five divisions and sent to the Senate as one complete Omnibus Appropriations bill.

H.R. 3354 not only constitutes an inadequate investment in both the domestic and international activities of government, but also a skewed reprioritization laid out within each of its eight divisions that would have devastating impacts throughout the economy.  It is clear that House Republicans would rather waste valuable time on partisan legislation that does not stand a chance of actually being signed into law instead of working with Democrats on responsible solutions that will create jobs and grow the economy. 

Further, House Republicans are breaking their own promises of following regular order and an open legislative process by considering this package under structured rules that forego the open appropriations process, by acting on these bills before passing a budget resolution to provide topline funding guidance, and by packaging multiple unrelated issues into a single vehicle. Members are urged to VOTE NO.

Postponed Division D (Financial Services and General Government) Amendment Votes (9):

Palmer Amendment #192
Gohmert/Posey Amendment #195
Norton Amendment #196
Ellison Amendment #199
Ellison Amendment #200
Ellison Amendment #201
Mitchell Amendment #204
Huizenga Amendment #207
Jackson-Lee Amendment #223

Postponed Suspension (1 bill)

1. H.R. 3284 – Joint Counterterrorism Awareness Workshop Series Act of 2017, as amended (Rep. Fitzpatrick – Homeland Security)