Module/Week 4 -- Social Justice and Policy Analysis

Problem ID and Solution

President Donald Trump has not provided a roadmap for re-establishing the U.S. refugee and asylum systems. The refugee crisis is an international issue, and the U.S. should embrace becoming a global humanitarian leader on the disaster. In response, a S.1494-Secure and Protect Act of 2019 bill aims to prevent and respond to the U.S. government’s decisions and tries to close the U.S. openings for refugees and asylum-seekers (S. 1494 — 116th Congress, 2019). The bill will ensure the amendment of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to shield alien juveniles. Also, a review of the Immigration and Nationality Act will ensure no more oppression of the asylum-seekers system as well as building refugee application and clearance bodies outside the country. It gives a vision for responding to the global refugee crisis as well as restoring the U.S. humanitarian lost glory under Donald Trump. Senator Graham Lindsey of South Carolina introduced the bill on May 15, 2019, in Congress.

CAN Analysis

Biblical Guidelines

Efforts to undermine the country's programs for refugees and asylum is an injustice issue. The government is always responsible for the safeguarding the rights of refugees and asylum-seekers according to the fundamental right for refugees which is the right not to be subject to oppression, established in Article 33 of the 1951 Convention (Erickson, 2019). The biblical teachings provide guidelines in evaluation of the U.S. government's refugee issues, Muslim ban, and the border wall (McDowell, 2008). The Bible brings out an obligation to treat strangers with dignity and hospitality. In Deuteronomy 23:15-16, the Bible says, "You shall not hand over to his master a slave who has escaped from his master to you…" Also, Acts 18:2 says, "And he found a Jew named Aquila, a native of Pontus, recently having come from Italy with his wife Priscilla because Claudius had commanded all the Jews to leave Rome," “Fincham, 2018). As per Scriptures, it is a government's responsibility to protect the rights and interests of refugees and asylum-seekers.

The Constitutional Guidelines

The Refugee Act of 1980 passed in the Congress in the United States gives legal grounds for the current U.S. Refugee Admission Program. President Jimmy Carter signed the Act into legislation on March 17, 1980. The law provides a permanent and systematic process for admitting refugees of particular humanitarian interest to the U.S. and offers comprehensive and equal provisions for the immediate absorption and resettlement of refugees and asylum.

Political

The bill is at its introduction stage and was tabled in the Senate on May 15, 2019. It was read two times in the Senate and presented to the judiciary committee and placed on Senate Legislative Calendar under General Orders, Calendar No. 181. On August 16, 2019. Its sponsors are Senators Lindsey Graham and Marthe Mc Sally. The Republican party under the influence of Senator Graham supports the passage of the bill. According to Skopos Labs, the bill has a 3% chance of being enacted into law (S. 1494 — 116th Congress, 2019). The bill is likely not to pass in the Senate because at initial stages, it has only one co-sponsor, Sally. Approximately 154 organizations have opposed the bill by writing to the Senate Judiciary Committee to vote no (Menkel-Meadow, 2019). Organizations have instead suggested for human reforms to tackle the issues raised by Senator Graham. There are challenges in meeting the quorum to hold over a bill. According to Judiciary Committee Ranking Member, Dianne Feinstein, the committee cannot transact any business when there is insufficient attendance. For instance, at least seven Senators from the majority wing and two from the minority are required to meet the quorum.

Financial

If the bill is enacted into law, it will increase the U.S. national debt because it means more people will enter the U.S. as refugees and others apply for asylum. The registered asylum-seekers will need food, shelter, and accommodation. They will also force the U.S. government to spend more on healthcare services and education since their children will need access to schooling. The proposed bill removes barriers for people seeking refuge in the U.S. Approximately €10 000 will be used for application and accommodation of one asylum-seeker (OECD, 2016). These expenses are high compared to what the refugees and asylum-seekers economically contribute to the United States. So, the bill is not worth the amount the government will use in registration, reception, and emergency support.

Practical

Bill Introduction

Any member can introduce the proposed legislation. The person who does the bill is called a sponsor. In the Senate, a bill is assigned S. to indicate a Senate bill while in the House, carries H.R. to show the House bill.

Committee Action

A concerned committee chairperson states whether there will be a bill proceedings or markup. These two elements involve debate, an amendment, and rewriting.

Committee Report

A committee chair prepares a bill’s report with a description of the law, legislation history, effect on outstanding legislation, and the decision of the committee’s majority members.

Floor Debate and Votes

House’s speaker and the Senate’s Majority Leader determines the date when the bill will be debated or amended in their respective floors.

Referral to the Other Chamber

After the proposed law passage in the Senate or the House, it is presented to another chamber to have the same channel through the committee and debate action.

Conference on a Bill

If one chamber makes minor alterations to a bill, the law goes back to the originating chamber for a concurring vote.

Action by the President

After the approval of the conference report by both chambers, the final proposed legislation is presented to the head of the state. If the president affirms the proposed legislation, he signs it into law. If he does not respond within ten days, the propose legislation automatically becomes a law.

SHOULD Analysis

Graham’s bill will not go past the Senate. This stuck means the end of the bill at its early stages. The majority the Senate Judiciary Committee does not attend the bill’s proceedings meaning they do not support the bill. Also, the bill undermines president Trump’s directive of building the wall at the border. Trump has a majority in the Senate, a clear indication that the bill receives strong opposition. It has only one co-sponsor thus the current support for the bill cannot make it pass. Most of the politicians allied to president Trump and over 154 organizations term the bill as cruel. They view it as not a real solution to a humanitarian crisis at the U.S. border. According to the director of Federal Advocacy for the Immigration Hub, Kerri Talbot, the bill is likely to fuel more chaos and cruelty in the asylum system. Summarily, the crucial stakeholders view the bill from a negative perspective and may use corrupt strategies to undermine democratic legitimacy when voting for the bill to make sure it does not attract the majority votes supporting it.

References

Fincham, K. (2018). The King James bible: crown, church and people. The Journal of Ecclesiastical History, 1-21.

McDowell, S. K., & Beliles, M. A. (2008). Liberating the nations: Biblical principles of government, education, economics & politics (Vol. 5). Providence Foundation.

Menkel-Meadow, C. (2019). Negotiating the American Constitution (1787-1789) Coalitions, Process Rules, and Compromises. Landmark Negotiations from Around the World: Lessons for Modern Diplomacy (Emmanuel Vivet, editor, Intersentia 2019.).

Musalo, K. (2019). Evolution of Refugee and Asylum Law in the United States. Refugees and Asylum Seekers: Interdisciplinary and Comparative Perspectives, 17.