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Trump’s visa fee sparks rare bipartisan interest in immigration legislation

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President Donald Trump’s efforts to impose a massive new fee for employers seeking to hire foreign workers in high-skill fields have reenergized congressional Republicans’ efforts to pass legislation strengthening the controversial visa program.

After years of dissipating interest inside the GOP to tackle any immigration policy not directly tied to border security, the current moment appears ripe for a legislative breakthrough around expanding the use of so-called H-1B visas, which have propelled the country’s tech industry for decades.

Opponents say the 35-year-old program siphons jobs from American citizens and unfairly deflates wages. But it also has united an unlikely group of lawmakers across the ideological spectrum who want to help businesses in need of workers with specialized expertise. That contingent includes Republicans who have typically been reluctant to support legislation that would allow more immigrants into the country.

The recent presidential proclamation forcing employers to pay $100,000 to hire workers under H-1B visas — a move designed to incentivize domestic hiring practices — is instilling fear and confusion inside hospitals and universities that rely on the program. It also has sent a jolt through the Senate, where the top Republican and Democrat on the Senate Judiciary Committee recently reintroduced legislation designed to strengthen the rules for the program and prioritize applicants with advanced degrees in science, technology, engineering or mathematics.

“We need an immigration bill, badly,” said Sen. Tommy Tuberville (R-Ala.), a cosponsor of the bill who is working to get fellow conservatives on board with the effort. He’s also running for governor of a state with multiple major research universities.

“I think Trump, perhaps inadvertently, is strengthening our case for the bill,” said Sen. Richard Blumenthal (D-Conn.), another co-sponsor of the legislation.

Lawmakers on both sides of the aisle, however, are skeptical there is sufficient political will to make any meaningful progress on the issue. Immigration hard-liners still occupy senior positions throughout the White House and hold power on Capitol Hill; Trump has waffled on the question of whether the H-1B policy is worth preserving; and at least one key Democrat says any conservative enthusiasm now to tackle the program is too little, too late.

“There’s no appetite for immigration legislation at all,” said Sen. Dick Durbin (D-Ill.), the ranking member of the Senate Judiciary Committee. He is set to retire in 2027 with little to show for his work over nearly three decades in office to pass legislation that would create a pathway to citizenship for millions of undocumented immigrants.

The American economy relies heavily on H-1B visas, with the number of people applying for slots vastly outnumbering those which are available each year. And this is not the first time lawmakers have seen a glimmer of hope around efforts to overhaul the program — only to later see it fade.

Almost a year ago, the billionaire tech entrepreneur Elon Musk was touting high-skilled immigration throughout the United States through H-1B visas, saying they were necessary to help fuel innovation. Trump, who suspended the program during his first term, suddenly appeared ready to side with Musk, lauding the initiative that he claimed to have leveraged for his own business interests.

Rep. Jim Jordan (R-Ohio), a MAGA stalwart and Musk acolyte, also signaled an openness to revisiting the H-1B system from his perch as chair of the House Judiciary Committee.

But Musk has since that time had a public falling-out with the president, and anti-immigration hawks like White House deputy chief of staff Stephen Miller have Trump’s ear. Trump’s new H-1B visa fee is a reflection of the administration’s current stance.

“Anything that’s going to get done, the president’s got to sign off on it,” said Sen. Rick Scott (R-Fla.), “So it’s going to be something that the president feels comfortable with.”

Scott worked on a previous effort to limit the number of H-1B recipients who can receive green cards annually. Different versions of that bill passed the House and the Senate in 2019 and 2020, respectively, but the two measures were never reconciled, and the legislation was never signed into law.

Wishing to seize the moment but also cognizant of the political challenges ahead, Senate Judiciary Chair Chuck Grassley (R-Iowa) in an interview shifted his comments to deliver a personal plea to Trump himself.

“The president has brought attention to the problems with H-1B’s,” the Iowa Republican said. “If the president will read your story, I’d give him this message: He’s created great credibility because he has closed down the border — great credibility on immigration issues.”

Endorsing an H-1B overhaul bill, Grassley continued, “would give him a chance to get some of these really simple things in immigration that ought to pass the Congress.”

The White House did not respond to a request for comment on its intentions to work with Congress on a legislative fix.

George Fishman, a senior legal fellow at the Center for Immigration Studies and former Department of Homeland Security official in the first Trump administration, said Trump is being pulled in radically different directions by those advising him. Barring true interest from Trump in the matter, Fishman suspected congressional action is unlikely.

“Based on three decades of bitter experience, I’m sort of resigned to not expecting things to happen legislatively,” said Fishman, who also worked on immigration policy as a Hill aide.

Trump aside, the political dynamics around the immigration issue on Capitol Hill are broadly problematic. For years, efforts to update the nation’s outdated immigration policy have fallen short. A bipartisan Senate “gang” in 2013 managed to pass a bill that combined border security with a pathway to citizenship, but it was never taken up in the House.

Since that time, the Trump ethos around immigration has further polarized the issue, hardening even Republicans who at one point linked their personal brands to being willing to work with Democrats on it.

That includes Sen. Lindsey Graham (R-S.C.), who was once Durbin’s main partner in trying to pass legislation that would protect young immigrants brought to the U.S. illegally by their parents as children — the recipients of the Deferred Action for Childhood Arrivals, or DACA, program.

Graham now says he isn’t interested in doing anything to expand legal immigration until the border is properly secured — and he doesn’t trust Democrats to restrain themselves.

“We all are agreed that we need H-1B reform,” Graham said in an interview. “Well, then Democrats will say, ‘Okay, let’s reform that, but what about the DACA folks?’ And they’ll want something there, and that’s just the way it goes.”

Grassley said he understood that reality. “We got some people on the right that think they aren’t going to vote for any [immigration] legislation until you load up 12 million people and get them out of the country.”

In the meantime, Trump’s new $100,000 fee is being challenged in court by a coalition of unions, education groups and others who argue the cost is unworkable and unjustified. A judge could strike down the proclamation, and the case is ongoing.

Until then, Grassley suggested the chaos and anxiety being caused by the presidential action could work to the advantage of the program’s proponents.

“The business groups that fought the Grassley-Durbin bill over the last 10 years, that are now upset with the $100,000 the president’s putting in on each one of these [visas] … maybe they would realize that they shouldn’t have fought our legislation,” he said.

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Congress

The House Ethics Committee wants to do better

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Three lawmakers accused of serious ethical lapses have been forced to resign in just over a week, prompting even members of the House Ethics Committee to question whether the panel is up to the task of policing its own.

The committee is at a moment of reckoning as it seeks to prove itself ready, willing and able to root out bad behavior in its ranks. It’s spent the past year and a half rebuilding its reputation after internal disagreements about how to handle an ethics report over ex-Rep. Matt Gaetz spilled into the public and threatened the bipartisan panel’s credibility.

Now, amid the high-profile resignations of Rep. Eric Swalwell (D-Calif.), Tony Gonzales (R-Texas) and Sheila Cherfilus-McCormick (D-Fla.), members who sit on the highly secretive committee are opening up — eager to share their perspectives, acknowledge their limitations and defend their work.

“The reality is we are still too slow, and I believe that we should be moving faster. I’ve expressed some of my recommendations on how we can do that to staff,” said Rep. Suhas Subramanyam (D-Va.), who joined the Ethics Committee this Congress, in an interview. “I want people to take the Ethics Committee more seriously.”

In extended interviews Monday and Tuesday, Ethics Chair Michael Guest (R-Miss.) said his panel is hamstrung by the House’s institutional bureaucracy.

“I’ve been asked, you know, could the Ethics Committee, if there were additional resources provided to the committee, would that help us move cases through quickly? And of course, the answer to that is yes,” Guest said. “But you know, it has to be up to leadership. It has to be up to the Speaker and the Minority Leader as to the size of the staff that they would like to see the Ethics Committee command.”

Their comments come amid questions around how Gonzales and Swalwell were able to serve in office for so long unchecked: Both were accused of engaging in sexual misconduct with former staffers, with Swalwell accused of rape. Each stepped down before the Ethics Committee ever had a chance to render findings of fault and enact punishments.

Cherfilus-McCormick also resigned moments before the Ethics Committee was due to meet Tuesday afternoon to consider a punishment for a determination that she illicitly funneled millions to support her campaign, which could have culminated in a recommendation of expulsion.

Now attention is turning to Rep. Cory Mills (R-Fla.), who stands accused of numerous violations, including illicitly engaging in government contracts while in federal office and threatening to release a former girlfriend’s nude videos. He has maintained he has no plans to resign as his case before the Ethics Committee has languished without resolution.

In November, the House Ethics panel quietly requested the Office of Congressional Conduct — the quasi-independent office that fields and investigates complaints against members and staff from the public — to drop its probe into Mills, according to a person with knowledge of the ethics process who was granted anonymity to describe the confidential process. That message was transmitted to the OCC the same day the House voted to effectively table a resolution offered by Rep. Nancy Mace (R-S.C.) to censure Mills for various alleged improprieties.

The OCC was established in 2008 by then-Speaker Nancy Pelosi (D-Calif.), and proponents say it provides a necessary, largely independent set of eyes — including on ongoing investigations. Critics view the OCC as an untrustworthy political group; it sat defanged for months this Congress before Speaker Mike Johnson brought a perfunctory measure to the House floor that set up its ability to launch investigations by appointing its board.

Guest declined to discuss details of the Mills case but did not deny that such a request had been made, saying it was standard practice for Ethics to take the reins on a probe from OCC “once an investigative subcommittee is established.”

He conceded the Ethics Committee at times may operate slower than some would like, but its process was deliberate and thorough. “If members want this to be a rush committee where we have two weeks to come up with a report and return that report back to the body, then I’m not the right person to be serving in that room.”

He did say he hoped to discuss with Johnson how to improve the panel’s operations. One continued challenge for members is the loss of jurisdiction once a lawmaker resigns from Congress, which has historically meant the committee stops its investigation and does not release a report of its findings. Guest proposed a new policy where a report could be made public upon a lawmaker’s resignation, meaning bad actors could not always leave office in order to hide from revelations about their misdeeds.

Rep. Mark DeSaulnier of California, the top Democrat on the Ethics Committee, said the committee could better handle cases of sexual misconduct and has spoken to Democratic leadership about modernizing the panel.

“I think on sexual harassment, [the] thing that occurs to me is that there should be one place to go that’s clear to report, that has enough staff, and they’re been very well trained in the subject area, so that people feel like there’s a place they can go and be safe, protected,” he said. “And then there’s a due process that responds in a way that is deliberative, but under the urgency of circumstances.”

This is an area where the Ethics Committee has, in recent weeks, found itself struggling to respond to public pressure. When the House was poised in March to vote on a measure brought by Mace that would have compelled the committee to make information on sexual harassment claims public, Guest and DeSaulnier said in a statement it would have a chilling effect for victims. The resolution was ultimately tabled.

On Monday, the panel released a statement reaffirming its commitment to taking allegations of sexual misconduct seriously — and a list of publicly disclosed sexual misconduct investigations dating back to 1976. Many of those cases were closed without resolution because the member under scrutiny resigned from office before the committee could conclude the case.

One lawmaker who has served on the Ethics Committee, who requested anonymity to describe the panel’s private operations, argued that disclosure of sexual misconduct cases can harm potential victims who may not want their cases brought before the panel in the first place.

This explanation is largely falling on deaf ears from members who want more transparency and accountability, though, with Rep. Anna Paulina Luna (R-Fla.) calling the Monday release of previously disclosed sexual misconduct allegations against House members an inadequate “cleanup job.”

Rep. Glenn Ivey (D-Md.), a member of the Ethics Committee and a former federal prosecutor, suggested that improving the panel’s internal systems for handling sexual harassment claims might be a lost cause.

“I think the ugly truth is there’s no process that handles this well that I’ve seen, whether it’s state courts, federal courts, internal corporate investigations, Congress or the Senate,” he said.

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Congress

Senate launches budget debate

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Senate Republicans opened debate Tuesday on a fiscal blueprint meant to pave the way for passage of a party-line immigration enforcement funding bill later this year.

The Senate voted 52-46 to advance the budget resolution, which Budget Chair Lindsey Graham (R-S.C.) unveiled earlier Tuesday. It instructs House and Senate committees to write legislation expected to deliver about $70 billion to Immigration and Customs Enforcement and other agencies.

The Senate is expected to give the measure final approval this week before leaving town. The chamber could move to a marathon voting session, known as a vote-a-rama, as soon as Wednesday, though plenty of Republicans are betting that it won’t start until Thursday.

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Congress

Cherfilus-McCormick resigns amid ethics investigation

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Rep. Sheila Cherfilus-McCormick (D-Fla.) has resigned in the face of corruption charges at home and calls for her ouster in Washington, she announced in a statement on Tuesday.

News broke minutes before the House Ethics Committee was about to meet for a public hearing Tuesday afternoon to determine a punishment for the third-term Democrat, who was charged with stealing $5 million in Covid relief funds.

Cherfilus-McCormick said in a statement the Ethics proceedings did not constitute a “fair process” and that she was “choos[ing] to step aside” rather than “play these political games.”

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