REP. CALVERT STATEMENT ON U.S. CUSTOMS AND IMMIGRATION SERVICES (USCIS) FUNDING AND EXECUTIVE AMENSTY
"Make no mistake, I am adamantly opposed to the President's executive actions on immigration," stated Rep. Calvert. "I believe it violates the U.S. Constitution and his oath of office. I strongly support challenging the executive order in any way possible."
One of the options mentioned to counter President Obama's Executive Amnesty is defunding the Executive Order in the fiscal year 2015 Omnibus Appropriations bill. Unfortunately, defunding is not an option because USCIS is self-funded through fees. Section 286 (M) of the Immigration Nationality Act provides that the USCIS operate through fees collected for various immigration services. In order to change how those fees are used, Congress would need to change current law. Appropriations bills are, by definition, funding bills and are not meant to change current law (second paragraph, third sentence of CRS Memo). Sadly the President would veto such a change and, even though Republicans will control both the House and Senate in 2015, we will not have the votes to override a veto – 290 in the House and 67 in the Senate.
However, if House Republicans decided to enact authorizing language on the appropriations bill and bring the user fee system under the direction of Congress and then limit the activities that such fees could be used for, the language would most likely result in a rejection by the Democrat-controlled Senate or a veto by the President. This is exactly what President Obama would like – a shutdown he can blame on Republicans and still have the funds for his Executive Amnesty. Meanwhile, national security, including services for our troops and veterans, would be negatively impacted.
In light of the ineffectiveness of a defunding option, House Republicans will provide short-term funding for the Department of Homeland Security under a Continuing Resolution (funding at FY14 enacted levels). This will give House Republicans time to work with their Senate counterparts in the newly elected Republican Senate to craft legislation and force the President's hand on executive amnesty.
"A government shutdown is not an option," said Rep. Calvert. "Even if we did shut down the government, USCIS would continue to operate and the executive amnesty would move forward. Once the new Senate is sworn in and the 114th Congress begins, Republicans will have an opportunity to come together to find a way to combat the President on executive amnesty.
"Meanwhile, I encourage citizens who are as outraged as I am on this issue to advocate that state governments make E-Verify mandatory in all 50 states. Citizens should also encourage the businesses they patronize to participate in E-Verify as well as call on their local and county governments to require local businesses to use the program."
Learn more about E-Verify at www.dhs.gov/everify.
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