What will be the fate of those who dream to come to America? Explore the immigration debate in this article from SHRM.

Immigration reform is filled with complexities.  Just to name a few are the politics, the body of law and policy and often the use of terms that only add confusion. During the 2007 immigration debate, I recall the term “clay pigeon” (a Senate floor procedure) confused even the experts.  Right now, the term that is turning heads is “Queen-of-the-Hill”. So why does it matter you ask? Well let me explain.

A bipartisan group in the House has called on leaders to consider a proposal for a “Queen-of-the-Hill” (most votes wins) immigration rule (H. Res. 774) and urge action to vote on a legislative solution for the Deferred Action for Childhood Arrivals (DACA) program. SHRM and CFGI are members of the coalition for the American Dream which issued a press statement in support of action.

A vote on this issue matters because earlier in the year votes in the Senate failed. Right now, 190 Democrats and 50 Republicans in the House (a majority of the House) support H. Res. 774 and a debate and vote on immigration DACA related proposals.  If Congress, could begin to move proposals forward there might be a chance (if even a small chance) to break the logjam on immigration reform.

Specifically, “Queen-of-the-Hill’ is a House procedure that has not been used since 2015. The procedure would require separate votes and consideration of (four immigration) proposals on the House floor and members could vote in support of as many proposals as they want.  The proposal that receives the greatest number of votes would be adopted. If none of the proposals receive a majority-of-the-votes, then none of the proposals would be adopted.

The proposals that would get a vote under H. Res. 774 include:

  • The Securing America’s Future Act (HR 4760), a bill that would allow DACA recipients to apply for three years of work authorization and deferred deportation that may be extended if they qualify. The bill also includes other provisions like mandatory E-Verify, historical limits to family sponsored green cards, a reallocation of visas to employment-based green cards and a new agricultural guest worker program.
  • The House DREAM Act (H.R. 3440), a bill that would allow DACA recipients and DACA eligible individuals to apply for work authorization and deferred deportation, legal permanent residence and a five- year path to citizenship if they qualify.
  • The USA Act (H.R. 4796), a bill that would allow for DACA recipients and DACA eligible individuals to apply for work authorization and deferred deportation and legal permanent residence if they qualify.
  • A yet to be unveiled bill from House Speaker Ryan (R-WI)

Whether there is any chance for success will be up to House leaders, as the House bipartisan group is asking leaders to support H. Res. 774.  However, the resolution may be far from successful. House Speaker Ryan (R-WI) has publicly stated he does not believe it makes sense to bring a bill through a process that only produces something that would get vetoed by the president. In this scenario, it is possible that any immigration bill that could pass the House might not make it through the Senate let alone find support from the president. 

Given, the president’s resistance to many DACA related proposals, perhaps in the end, he will be the “King” of this “Queen-of-the-Hill” strategy.

This article was written by Rebecca Peters of SHRM Blog on April 23rd, 2018.