Congress Extends E-Verify for Six Months

On Saturday, September 27th, Congress completed work on H.R. 2638, a continuing resolution (CR) that contained a short-term reauthorization of E-Verify, extending the program until March 6, 2009. This leaves the program vulnerable to a new administration and a new Congress using it as a bargaining chip in attempts to pass amnesty for illegal aliens. The Senate passed this stop-gap spending bill on Saturday on a 78-12 vote, while the House had passed it earlier in the week by a 370-58 vote. The CR is designed to fund government operations until Congress reconvenes after the first of the year.

As of Monday morning, the Senate had failed to take up H.R. 6633, a five year reauthorization of E-Verify that had passed the House on July 31st by a 407-2 vote. For months, E-Verify has been placed on hold in the Senate by Senator Robert Menendez (D-NJ) unless the Senate would agree to include two controversial provisions which would "recapture" visas that went un-issued between 1992 and 2007, adding an estimated 570,000 extra visas to the immigration system. (See, FAIR Legislative Update , September 22, 200

The CR also continues government operations at 2008 levels, and provides $600 billion in fiscal 2009 spending for the departments of Defense, Veterans Affairs and Homeland Security. (Roll Call Gallery Watch, September 27, 200

In addition to the short extension of E-Verify, the CR contains funding for the program through fiscal year 2009 at $100 million. (H.R. 2638, Title 4)

The bill also provides $9.82 billion for Customs and Border Protection, which is $334 million above the President's request and $398 million above the 2008 spending level. This includes:

* 2,200 new Border Patrol agents
* $775 million, for Border Security, Infrastructure and Technology

Immigration and Customs Enforcement is funded at $4.99 billion, $254 million above 2008 and $241 million above the President's request, including:

* $1 billion to identify dangerous criminal aliens and prioritize these individuals for removal once an immigration judge orders them deported

* State and local immigration enforcement programs that are funded at $99.7 million, $2.2 million more than requested. The 287(g) program to assist and train local law enforcement to enforce immigration laws and coordinate with ICE, is funded at $54 million, $14 million above 2008 and equal to the request. (U.S. House Appropriations Committee DHS Summary)
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