JACL LEGISLATIVE INITIATIVES
September - November 2007
Prepared by Debee Yamamoto
COMPREHENSIVE IMMIGRATION REFORM
Comprehensive Immigration Reform Act of 2007 (S. 1348) sponsored by Senate Majority Leader Harry Reid (D-NV), co-sponsored by Senators Edward Kennedy (D-MA), Robert Menendez (D-NJ), Patrick Leahy (D-VT), and Ken Salazar (D-CO) with support from President George Bush.
There are rumors that CIR debate may be revived again, but nothing concrete.
Next Steps: research must be done to collect data to better represent how Asian American and Pacific Islanders are affected.
LOCAL LAW ENFORCEMENT HATE CRIMES PREVENTION
Local Law Enforcement Hate Crimes Prevention Act of 2007 (HR 1592) sponsored by Rep. John Conyers and (S 1105) sponsored by Sen. Edward Kennedy (D-MA). Defines “hate crime” as a violent act causing death or bodily injury because of the actual or perceived race, color, religion, national origin, sexual orientation, gender, gender identity or disability of the victim.
Sept 27 - S 1105 passed the Senate (HR 1592 passed in May) but President Bush has indicated he will veto if this reaches his desk.
Related activity: Because of failure to pass Immigration reform, call for action has moved from the federal level to the local state level. Our concern with this patchwork approach to immigration reform is that there is much variance in the type of reform and level of proposed enforcement. There are some cases where this is more susceptibility to greater exposure to hate crimes due to the ‘enforcement’ heavy focus of some legislation.
HABEAS CORPUS AND MILITARY COMMISSIONS ACT
Habeas Corpus Restoration Act of 2007 (S. 185) sponsored by Sen.Patrick Leahy (D-VT) and Arlen Specter (R-PA), (H.R. 1416) sponsored by Rep. Jerrold Nadler (D-NJ)
This bill repeals provisions of the Military Commissions Act of 2006 which eliminated the jurisdiction of any court to hear or consider applications for a writ of habeas corpus filed by aliens who have been determined to be enemy combatants and actions against the US relating to the detention of such aliens and to military commissions. It also allows courts to hear or consider legal challenges to military commissions only as provided by the Code of Military Justice or by a habeas corpus proceeding. This bill became the Leahy-Specter Amendment of the Defense Authorization bill.
Sept 19 – cloture vote failed (56 yays-43 nays) 4 votes short
Update: While the vote failed, this was still seen as a positive vote as there was a majority in the Senate who backed this amendment.
Amendment to Titles 28 and 10, United States Code, to restore habeas corpus (H.R. 2826) sponsored by Rep. Ike Skelton (D-MO)
Amends the federal code to allow an alien enemy combatant detained by the US to apply for a writ of habeas corpus.
Sept 6 – Referred to the Full Committee (House Judiciary) from the Subcommittee on the Constitution, Civil Rights, and Civil Liberties (7-4).
Update: Rep. Steny Hoyer’s office is saying there needs to be a narrower bill than Skelton’s bill in order to move forward on habeas legislation.
Next Steps: Looks as though movement on the Hill on habeas legislation will be difficult. Despite this, we are pursuing retooled messaging regarding habeas corpus directed at Republicans and Freshman Democrats.
Related activity: The Supreme Court will hear two cases on Dec 5 (Boumediene v. Bush and Al Odah v. US) testing the legal rights of Guantanamo Bays detainees. These cases will examine whether Guantanamo Bay detainees have a constitutional or common law right to challenge their detention through habeas claims in US federal courts.
Related legislation:
National Security Letters Reform Act of 2007 (HR 3189) Sponsored by Rep. Jerrold Nadler (D-NY) and S 2088 sponsored by Sen. Russell Feingold (D-WI)
This bill would provide crucial checks against the National Security Letters (NSL) authority expanded under the USA PATRIOT Act by giving an NSL recipient the right to challenge the letter and its nondisclosure requirement, placing a time limit on the NSL gag order and allow for court approved extensions, giving notice to the target of an NSL if the US seeks to use the records obtained from the SNL in a subsequent proceeding and giving the target an opportunity to receive legal counsel and challenge the use of those records.
Sept 10 – HR 3180 referred to two House Judiciary subcommittees: Subcommittee on Crime, Terrorism, and Homeland Security and the Subcommittee on the Constitution, Civil Rights, and Civil Liberties
Sept 25 – S 2088 introduced and referred to the Committee on the Judiciary.
American Anti-Torture Act of 2007 (HR 4114) sponsored by Rep. Jerrold Nadler (D-NY) This bill includes an extension to all US government agencies and personnel of the current prohibition in the Army Field Manual against the use of certain interrogation techniques.
Nov 8 – Introduced and Referred to House Committee on Armed Services.
Update: May be considered as part of the Iraq Troop Redeployment Funding bill.
Next Steps: An action alert and press release will be sent out in support of this new legislation.
HEALTH DISPARITIES
Immigrant Children’s Health Improvement Act (ICHIA) (S 764) sponsored by Sen. Hillary Clinton (D-NY) or (HR 1308) sponsored by Rep. Lincoln Diaz-Balart (R-FL)
In 1996 a law was passed creating a five-year ban to access to health care under Medicaid and the State Children’s Health Insurance Program (SCHIP) to newly arrived legal immigrants. Unfortunately, this action has widened racial and ethnic disparities in health care. ICHIA would amend the Social Security Act to permit States the option of coverage of legal immigrants under the Medicaid program and SCHIP.
Update: this bill was dropped from SCHIP in September.
State Children’s Health Insurance Program Act of 2007 (HR 976)
National program that provides health insurance for families who earn too much money to qualify for Medicaid but cannot afford to buy private insurance. The program was initially created to address the growing number of children in the US without health insurance. This bill would expand coverage to over 4 million more participants as well as continue to cover the approximate 6.5 million already covered by SCHIP. Cost= $35 billion funded by federal tax on cigarettes.
- Sept 27 – Passed both houses of Congress
- Oct 3 – President Bush vetoed the bill
- Oct 18 – attempt to override the president’s veto fell short by 13 votes in the House.
- Nov 2 – Another attempt at a veto override passed the Senate by 64-30 vote.
Next Steps: In the House, there is concern regarding the kinds of compromise that may be asked for in order to offer a bill that would garner the 13 Republican votes needed to override a veto. Concessions may disproportionately affect minority populations.
SCHIP Veoto Override Target List (PDF)
CAMP RELATED LEGISLATION
Japanese American Confinement Sites PL 109-441
Because there is no money included in the Interior Appropriations Report Language, we are advocating for funding in the appropriations cycle for funding in FY2009. The National Park Service (NPS) has held listening sessions throughout the country and collected comments through their website through Nov 2. NPS will provide grants to nonfederal entities to restore and preserve sites associated with the internment of Japanese Americans during World War II. The grants would be used for up to 50 percent of the costs of protecting significant sites, including those to identify, acquire, and interpret them.
Next Steps: continue meeting with appropriations committee members to ensure adequate funding. Appropriations activity will begin in February.
HAWAIIAN SOVEREIGNTY
Native Hawaiian Government Reorganization Act (S 310) sponsored by Sen. Akaka D-HI) and (HR 505) sponsored by Rep. Abercrombie (D-HI). This bill recognizes the right of the Native Hawaiian people to reorganize the single Native Hawaiian governing entity to provide for their common welfare and to adopt appropriate governing documents. Extends federal recognition to the governing entity as the representative governing body of the Native Hawaiian people.
Oct 24 – passed the House (261-153)
Oct 25 – Received in the Senate and placed on the Legislative Calendar
Next Steps: This may be a struggle to get through the Senate. Outreach and advocacy is needed.
Sample Letter of Support (Microsoft Word Format)
FILIPINO VETS
Filipino Veterans Equity Act of 2007 (H.R. 760). This bill would restore full veterans’ status to Filipino veterans of WWII who had this taken away under the Rescission Acts of 1946, permit Filipino vets to receive compensation, benefits, pensions, and death pensions at the same rate as other US veterans under the same conditions. Non-US citizen Filipino veterans residing outside the US would be eligible for a pension and death pension paid at a flat rate.
This bill has been voted out of the House of Representatives Veterans Affairs Committee (HR 760) and the Senate Veterans Affairs Committee (S. 1315) and is currently awaiting a schedule for a floor vote in both houses
Next Steps: As the Chair of the Committee on Veterans Affairs, Senator Burr’s support is crucial. Unfortunately, he’s not been fully supportive. Outreach to him and republican colleagues will be done.
JAPANESE LATIN AMERICANS
Commission on Wartime Relocation and Internment of Latin Americans of Japanese Descent Act. This would establish a fact-finding Commission to extend the study of a prior Commission to investigate and determine facts and circumstances surrounding the relocation, internment, and deportation of Latin Americans of Japanese descent from December 1941 through February 1948, and the impact of those actions by the US, and to recommend appropriate remedies. We are looking for an appropriate vehicle to attach this legislation to. May be attached to an omnibus bill.
Next Steps: Outreach to Republicans in the next few months.
ASIAN AMERICAN SERVING INSTITUTIONS
Asian American Serving Institutions (H.R. 629) sponsored by Rep. David Wu (D-OR)
This bill would amend the Higher Education Act of 1965 to authorize the Department of Education to provide grants and assistance to higher education institutions to increase the capacity of colleges and universities serving low income and underrepresented Asian Americans and Pacific Islander students. Serving Institution designation would make available funding from a variety of federal departments which use designation status to determine allocation of funding to targeted beneficiaries.
Sept 27 – Became law: PL 110-84
Next Steps: Assist in determination of designation parameters to help target areas of greatest need.
DC VOTING RIGHTS
DC Fair and Equal House Voting Rights Act H.R. 1905 sponsored by Rep. Eleanor Holmes Norton (D-DC) or S. 1257 sponsored by Senator Joe Lieberman (I-CT) and cosponsored by a bipartisan group of 20 senators.
This bill would provide representation in the House of Representatives to District of Columbia as well as provide an additional Representative for the State of Utah. Currently approximately 600,000 residents of the District have no voting representative. The District of Columbia is served by Congresswoman Eleanor Holmes Norton who is a non voting delegate.
April 19 – House bill passed 216-203
Sept 18 – although a majority of the Senate voted to move the bill to a final vote, 57-42, a minority of Senators led by Minority Leader Mitch McConnell (R-KY) were able to maintain a filibuster.
Next Steps: Calls to the Senate to end the filibuster.