Congressional Hispanic Caucus, 78 Members of Congress Call for Strong Guardrails to Ensure Fiscal Responsibility within U.S. Citizenship and Immigration Services (USCIS)

WASHINGTON — Seventy-eight House Democrats and Members of the Congressional Hispanic Caucus (CHC) led by Chairman Joaquin Castro are asking the House and Senate Leadership to enact an emergency supplemental funding bill further responding to the COVID-19 pandemic before the end of July, including sufficient funding for U.S. Citizenship and Immigration Services (USCIS) to continue its important mission and avoid crippling furloughs and appropriate parameters to improve the agency's operations. In the letter to Speaker Pelosi, Leader Schumer, Leader McConnell and Leader McCarthy, Members of Congress laid out necessary guardrails to ensure responsibility and accountability from USCIS in the future. Today USCIS announced a delay to August 30^th for the planned furlough periods, but the agency is still in need of funding and this issue should be addressed in the next coronavirus package.

"A simple review of the data and the Administration's immigration policies make it clear that much of the agency's current financial crisis is due to mismanagement and policy choices," the Members wrote. "While we should appropriate any needed emergency funding, it is equally critical that we establish firm parameters and sideboards to ensure the funds are not used to intimidate or discourage immigration and to encourage the agency to develop procedures that will prevent a funding shortfall in the future."

The letter was signed by CHC Chairman Joaquin Castro (TX-20), Judiciary Chairman Jerrold Nadler (NY-10), Congresswoman Lucille Roybal-Allard (CA-40), Chairwoman of the Subcommittee on Immigration and Citizenship Zoe Lofgren (CA-13), First Vice Chair Ruben Gallego (AZ-07), Second Vice Chair Nanette Diaz Barragán (CA-44), Whip Adriano Espaillat (NY-13), Freshman Representative Veronica Escobar (TX-16), Congresswoman Nydia Velázquez (NY-12), Congresswoman Pramila Jayapal (WA-7), Congressman Tony Cárdenas (CA-29), Congresswoman Sylvia R. Garcia (TX-29), Congressman Vicente Gonzalez (TX-15), Congresswoman Bonnie Watson Coleman (NJ-12), Congressman Frank Pallone, Jr. (NJ-06), Congressman Adam Smith (WA-9), Congressman Alan Lowenthal (CA-47), Congresswoman Ann Kirkpatrick (AZ-2), Congresswoman Ayanna Pressley (MA-7), Congressman Bennie G. Thompson (MS-2), Congressman Danny K. Davis (IL-7), Congresswoman Debbie Mucarsel-Powell (FL-26), Congressman Earl Blumenauer (OR-3), Congressman Emanuel Cleaver, II (MO-5), Congressman Gerald E. "Gerry" Connolly (VA-11), Congressman Albio Sires (NJ-8), Congressman Ami Bera, M.D. (CA-7), Congresswoman Anna G. Eshoo (CA-18), Congresswoman Barbara Lee (CA-13), Congresswoman Carolyn B. Maloney (NY-12), Congressman Darren Soto (FL-09), Congressman David Trone (MD-06), Congresswoman Doris Matsui (CA-7), Congresswoman Eleanor Holmes Norton (DC-At Large), Congressman Filemon Vela (TX-34), Congresswoman Grace F. Napolitano (CA-32), Congressman Henry C. "Hank" Johnson, Jr. (GA-4), Congressman James R. Langevin (RI-2), Congressman Jesús "Chuy" García (IL-04), Congressman Juan Vargas (CA-51), Congresswoman Linda T. Sánchez (CA-38), Congressman Pete Aguilar (CA-3) Congresswoman Grace Meng (NY-6), Congresswoman Ilhan Omar (MN-5), Congresswoman Jahana Hayes (CT-5), Congressman Jamie Raskin (MD-8), Congressman Jason Crow (CA-6), Congressman Jimmy Gomez (CA-34), Congresswoman Judy Chu (CA-27), Congresswoman Madeleine Dean (PA-4), Congressman Mark Takano (CA-41), Congresswoman Norma Torres (CA-35), Congressman Peter DeFazio (OR-04), Congresswoman Rosa DeLauro (CT-03), Congressman Scott H. Peters (CA-54), Congressman J. Luis Correa (CA-46), Congressman James P. McGovern (MA-2), Congresswoman Jan Schakowsky (FL-9), Congressman Jimmy Panetta (CA-20), Congressman Joseph P. Kennedy III (MA-3), Congresswoman Kathleen M. Rice (NY-4), Congressman Lloyd Doggett (TX-35), Congresswoman Susan A. Davis (CA-53), Congresswoman Suzanne Bonamici (OR-1), Congressman Henry Cuellar (TX-28), Congressman Mike Thompson (CA-5), Congressman Ed Case (HI-1), Congresswoman Mikie Sherrill (NJ-11), Congressman Peter Welch (VT-At Large), Congresswoman Chellie Pingree (MN-1), Congressman Ted Deutch (FL-22), Congressman Seth Moulton (MA-6), Congressman John Yarmuth (KY-3), Congressman Val Butler Demings (FL-10), Congressman Steve Cohen (TN-9), Congressman Donald S. Beyer Jr. (VA-8), Congressman Mike Levin (CA-49), Congressman Gregorio Kilili Camacho Sablan (Northern Marina Islands), and Congressman Raúl M. Grijalva (AZ-3).

Full text of the letter follows and can be found here.

Dear Speaker Pelosi, Leader Schumer, Leader McConnell and Leader McCarthy,

We are aware^[1] that U.S. Citizenship and Immigration Services (USCIS), a primarily fee-based component of the Department of Homeland Security (DHS) that administers immigration benefits, needs appropriated funding in order to fully continue its operations through the end of fiscal year 2020 and for at least part of fiscal year 2021.

We are disappointed that the Administration has not formally requested funding to support its workforce and resolve the financial problems USCIS faces. While the agency's financial status has improved significantly since its initial estimate of a $1.2 billion requirement, supplemental funding is still needed to ensure USCIS continues to fully operate through the first quarter of fiscal year 2021. It is still imperative that such funding be provided prior to the end of July before the agency begins a planned furlough of more than 13,000 of its personnel. While we should appropriate any needed emergency funding, it is equally critical that we establish firm parameters and sideboards to ensure the funds are not used to intimidate or discourage immigration and to encourage the agency to develop procedures that will prevent a funding shortfall in the future.

Although USCIS has been facing financial woes^[2] for over a year now,^[3] it only recently approached Congress in May^[4] with an informal notice of severe financial issues – claiming revenue losses due to the coronavirus crisis. However, a simple review of the data and the Administration's immigration policies make it clear that much of the agency's current financial crisis is due to mismanagement and policy choices, including: closing offices and ending the processing of certain benefits; wasting resources on unnecessary interviews; reallocating resources to train U.S. Customs and Border Protection employees to perform asylum officer duties; and requiring burdensome requests for evidence.

USCIS provides essential services to our country, such as adjudicating employment and family immigrant visa petitions, naturalization applications, and asylum and refugee applications. These services are critical to economic growth and the ability of working men, women, and families to achieve the American dream. As the nation sees an increased need for essential workers – many of whom are immigrants ­– in the agricultural, childcare, hospitality, and transportation spaces, we could see some of these essential workers^[5] lose their immigration status because USCIS does not have the capacity to process their renewal filings in a timely manner.

Additionally, existing backlogs in processing immigration applications will be further exacerbated, resulting in U.S. citizens and lawful permanent residents being kept apart longer from their family members; thousands of people waiting in limbo for naturalization ceremonies; U.S. businesses being unable to hire the talent they need to succeed; and individuals with Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS) being unable to obtain timely renewals; and asylum seekers unable to obtain timely protection.

While we can and should further debate the exact guardrails necessary to ensure USCIS responsibility and accountability in the coming days, we strongly encourage you to consider the following general suggestions now:

• Implement measures to generate additional revenue without new or increased fees on under-resourced families or asylum seekers and facilitate increased filing of applications and petitions.
• Ensure the availability of fee waivers.^[6]
• Prohibit the use of USCIS fee resources to fund enforcement agencies.
• Improve efficiency and agency focus by addressing redundant anti-fraud programs, such as the tip form for reporting suspected fraud – which is already managed by U.S. Immigration and Customs Enforcement.
• Increase transparency, fiscal responsibility, and efficiency^[7] by waiving in-person interviews when not necessary and ensuring meaningful opportunities to cure application/petition deficiencies before denying cases.
• Provide USCIS authority to conduct swearing-in ceremonies immediately after a naturalization interview and require the agency to offer this option to applicants.

In light of the above, we ask you to enact an emergency supplemental funding bill further responding to the COVID-19 pandemic before the end of July, including sufficient funding for USCIS to continue its important mission and avoid crippling furloughs and appropriate parameters to improve the agency's operations.

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The Congressional Hispanic Caucus (CHC), founded in December 1976, is organized as a Congressional Member organization, governed under the Rules of the U.S. House of Representatives. The CHC is dedicated to voicing and advancing, through the legislative process, issues affecting Hispanics in the United States, Puerto Rico and U.S. Territories.