[Congressional Record Volume 165, Number 126 (Thursday, July 25, 2019)]
[House]
[Pages H7409-H7412]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1515
                       VENEZUELA TPS ACT OF 2019

  Ms. LOFGREN. Mr. Speaker, pursuant to House Resolution 519, I call up 
the bill (H.R. 549) to designate Venezuela under section 244 of the 
Immigration and Nationality Act to permit nationals of Venezuela to be 
eligible for temporary protected status under such section, and for 
other purposes, and ask for its immediate consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Pursuant to House Resolution 519, in lieu of 
the amendment in the nature of a substitute recommended by the 
Committee on the Judiciary, an amendment in the nature of a substitute 
consisting of the text of Rules Committee Print 116-28 is adopted, and 
the bill, as amended, is considered read.
  The text of the bill, as amended, is as follows:

                                H.R. 549

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Venezuela TPS Act of 2019''.

     SEC. 2. DESIGNATION FOR PURPOSES OF GRANTING TEMPORARY 
                   PROTECTED STATUS.

       (a) Designation.--
       (1) In general.--For purposes of section 244 of the 
     Immigration and Nationality Act (8 U.S.C. 1254a), Venezuela 
     shall be treated as if it had been designated under 
     subsection (b)(1)(C) of that section, subject to the 
     provisions of this section.
       (2) Period of designation.--The initial period of the 
     designation referred to in paragraph (1) shall be for the 18-
     month period beginning on the date of the enactment of this 
     Act.
       (b) Aliens Eligible.--As a result of the designation made 
     under subsection (a), an alien who is a national of Venezuela 
     is deemed to satisfy the requirements under paragraph (1) of 
     section 244(c) of the Immigration and Nationality Act (8 
     U.S.C. 1254a(c)), subject to paragraph (3) of such section, 
     if the alien--
       (1) has been continuously physically present in the United 
     States since the date of the enactment of this Act;
       (2) is admissible as an immigrant, except as otherwise 
     provided in paragraph (2)(A) of such section, and is not 
     ineligible for temporary protected status under paragraph 
     (2)(B) of such section; and
       (3) registers for temporary protected status in a manner 
     established by the Secretary of Homeland Security.
       (c) Consent to Travel Abroad.--
       (1) In general.--The Secretary of Homeland Security shall 
     give prior consent to travel abroad, in accordance with 
     section 244(f)(3) of the Immigration and Nationality Act (8 
     U.S.C. 1254a(f)(3)), to an alien who is granted temporary 
     protected status pursuant to the designation made under 
     subsection (a) if the alien establishes to the satisfaction 
     of the Secretary of Homeland Security that emergency and 
     extenuating circumstances beyond the control of the alien 
     require the alien to depart for a brief, temporary trip 
     abroad.
       (2) Treatment upon return.--An alien returning to the 
     United States in accordance with an authorization described 
     in paragraph (1) shall be treated as any other returning 
     alien provided temporary protected status under section 244 
     of the Immigration and Nationality Act (8 U.S.C. 1254a).
       (d) Fee.--
       (1) In general.--In addition to any other fee authorized by 
     law, the Secretary of Homeland Security is authorized to 
     charge and collect a fee of $360 for each application for 
     temporary protected status under section 244 of the 
     Immigration and Nationality Act by a person who is only 
     eligible for such status by reason of subsection (a).
       (2) Waiver.--The Secretary of Homeland Security shall 
     permit aliens to apply for a waiver of any fees associated 
     with filing an application referred to in paragraph (1).

     SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

  The SPEAKER pro tempore. The bill, as amended, shall be debatable for 
30 minutes equally divided and controlled

[[Page H7410]]

by the chair and ranking minority member of the Committee on the 
Judiciary.
  The gentlewoman from California (Ms. Lofgren) and the gentleman from 
Georgia (Mr. Collins) each will control 15 minutes.
  The Chair recognizes the gentlewoman from California.


                             general leave

  Ms. LOFGREN. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and insert 
extraneous materials on H.R. 549.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  Ms. LOFGREN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this should not be a partisan issue. Democrats and 
Republicans in both Houses of Congress support temporary protected 
status for Venezuelans. And, yet, when the Venezuelan TPS Act of 2019 
was brought up on a suspension vote on Tuesday, it did not pass because 
most Republicans voted against it.
  President Trump has repeatedly expressed alarm about the situation in 
Venezuela and support for the people, but he refuses to exercise his 
authority to designate Venezuela for TPS.
  Today, we vote again on this to protect Venezuelans who are already 
in the United States, and I do hope my Republican colleagues will vote 
in support of it.
  TPS is designed to provide a safe haven to people who are in the 
United States and unable to return to their home country. Venezuela, 
once one of Latin America's most prosperous countries, but currently 
bankrupt, is in the throes of a political crisis, and it is deserving 
of TPS designation.
  Four million Venezuelans are outside their home country due to 
violence, hunger, and fear. Seven million people inside the country 
need humanitarian assistance to stay alive, and one in five Venezuelans 
have no access to clean water. This is exactly the type of humanitarian 
crisis that TPS was designed to address.
  For this reason alone, we should stand in support of Venezuela TPS. 
Just 2 weeks ago, Acting Commissioner of U.S. Citizenship and 
Immigration Services, Ken Cuccinelli, informed Senator Dick Durbin by 
letter that the administration was ``continuing to monitor the 
situation'' instead of designating Venezuela for TPS.
  Even more surprising, the United States is still deporting 
Venezuelans, and in late 2018, DHS deported more Venezuelans than were 
resettled over the previous 5 years.
  In other words, the Trump administration's Venezuela policy is 
incoherent at best, but as Members of Congress, we can act consistently 
with our concerns for the people of Venezuela by supporting this bill.
  This bill provides us with the mechanism to offer temporary refuge to 
Venezuelans who are already in the U.S. Designating Venezuela for TPS 
will not only ensure the safety and security of thousands of 
Venezuelans, it will also demonstrate our bipartisan support of a 
legitimate, Democratic transition in Venezuela.
  I commend my colleagues, Debbie Mucarsel-Powell and Darren Soto, for 
their work and their commitment to the Venezuelan people, and I urge 
all of my colleagues to support the Venezuela TPS Act of 2019.
  Mr. Speaker, I reserve the balance of my time.
  Mr. COLLINS of Georgia. Mr. Speaker, I reserve the balance of my 
time.
  Ms. LOFGREN. Mr. Speaker, I yield 3 minutes to the gentleman from 
Florida (Mr. Soto), the sponsor of the bill.
  Mr. SOTO. Mr. Speaker, I thank the chairwoman from California for her 
time and her leadership on this issue.
  Mr. Speaker, I think that Congress understands at this point that 
Venezuela is in crisis; that its people are in crisis under the evil 
fist of a tyrannical dictator who has stayed in power through 
fraudulent elections.
  That is why the United States recognized Juan Guaido as interim 
President in a bipartisan fashion, from President Trump and leaders in 
the Senate, to leaders in the House, including our Speaker, Nancy 
Pelosi.
  And that is why we have come together in a bipartisan fashion to file 
and pursue the passage of the Venezuela TPS Act. It was cointroduced 
with bipartisanship in its heart with Congressman Diaz-Balart, who has 
joined me here today to try to get the job done and to get everybody 
together.
  We have been joined by such amazing leaders like Congresswoman 
Shalala--who we will hear from in a second--who helped on the Rules 
Committee; or with the help of Congresswoman Debbie Wasserman Schultz, 
who helped to work with leadership; and Debbie Mucarsel-Powell, a 
Congresswoman who helped us guide it through the Judiciary Committee, 
along with Congresswoman Lofgren as well.
  The administration has said positive statements about this. Just this 
past week, Secretary Pompeo said that this could happen. And we had 
Vice President Pence in Florida saying that we need to act to help the 
Venezuelan people.
  So I think we are going to have a second chance. We are going to have 
a chance tonight to vote on this again where we won't need a two-thirds 
vote, but it would say a lot about saying that the Socialist regime 
that Maduro has in Venezuela needs to go, and that we, as a Congress, 
stand together as Democrats and Republicans to condemn that; and to 
allow people who are here, over 170,000 in Florida, and over 1 million 
throughout the United States, to have a second chance.
  Mr. Speaker, I really hope the House can come together and show our 
very best tonight with the vote.
  According to USCIS, Venezuelans have become the largest group of 
asylum seekers applying for refuge in the U.S. Venezuelans made up one-
third of all asylum claims, ahead of people from Central America, 
China, and all other countries. That is really significant considering 
the humanitarian crisis that all parties have recognized is at the 
border right now.

  Only Venezuelans already in the United States who pose no risk to the 
safety or security of our country are eligible for TPS. The program 
already contains the most stringent criminal and public safety bars in 
all of immigration law, so we make sure that there are only those who 
are worthy.
  Lastly, temporary protective status is the current law of the land.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. COLLINS of Georgia. Mr. Speaker, I yield such time as he may 
consume to the gentleman from Florida (Mr. Diaz-Balart).
  Mr. DIAZ-BALART. Mr. Speaker, I want to thank the ranking member for 
allowing me this time.
  I want to start by commending--and I have done this before--by 
commending the gentleman from Florida (Mr. Soto), for his relentless 
leadership on this issue.
  He has a tradition of working in a bipartisan way. He has a tradition 
of working on things that are important to the people of Florida. This 
is not only important to the people of Florida, but when you talk about 
Venezuela, as the gentleman knows, this is important for the national 
security interests of the United States.
  Now, the gentleman mentioned about the reality in Venezuela today. 
The reality of what we have seen because of this Socialist regime in 
Venezuela is what used to be one of the wealthiest countries in Latin 
America has now become a place where Venezuelans don't have access to, 
frankly, food and medicine.
  Mr. Speaker, the most important thing is the repression that they are 
suffering under day in and day out. The heroic Venezuelan people are 
doing everything they can to recover their freedom.
  I am proud of what this administration, the Trump administration, has 
done in support, in solidarity with the Venezuelan people, in support 
of the cause of freedom.
  But while that is going on, a lot of us believe that it would be 
unacceptable to return Venezuelans to the situation that the gentleman, 
my colleague from Florida (Mr. Soto), just mentioned, and what I just 
mentioned as well. And that is what this legislation is all about.
  We all know that the real solution, the permanent real solution for 
Venezuela is very simple, and it can be boiled down to one word: 
freedom. The freedom of the Venezuelan people. And we are working, and 
the administration has done an amazing job, again, in

[[Page H7411]]

solidarity with the cause of freedom of the Venezuelan people. But in 
the meantime, Venezuelans cannot be returned to that dictatorship that 
we have spoken so much about.
  So, again, I want to thank the gentleman from Florida (Mr. Soto). I 
want to thank also my south Florida colleagues. The gentleman mentioned 
a number of them. I see Congresswoman Shalala is here, and so many 
others who have been working on this. Not only working on this, but 
also helping in the cause of freedom for the Venezuelan people.
  So, again, Mr. Speaker, this is not to be confused with issues 
dealing with immigration, with a lot of controversial issues that are 
out there. This is to deal with the specific case of the Venezuelan 
people who are struggling under this repressive Socialist regime. While 
that is going on, we should not turn people back. That is what this 
bill does. So I would urge a favorable vote.
  Ms. LOFGREN. Mr. Speaker, I am honored to yield 2 minutes to the 
gentlewoman from Florida (Ms. Shalala).
  Ms. SHALALA. Mr. Speaker, I rise in strong support of H.R. 549, the 
Venezuelan TPS Act of 2019.
  And I thank my distinguished colleague from south Florida, 
Congressman Mario Diaz-Balart, for his comments and for his coaching 
during my first year.
  Venezuela was once the richest country in Latin America. Now, the 
economy, the health sector, the education system, and virtually every 
democratic institution is in ruins because of the Socialist policies of 
the evil Maduro regime.
  Venezuela is experiencing the largest refugee crisis in the history 
of the Western Hemisphere. There are tens of thousands of Venezuelan-
born residents in south Florida--17,000 in my district alone. My 
constituents cannot safely return to a country in chaos.
  This is why TPS was created. As the vote on Tuesday demonstrated, 
this Congress is ready to allow Venezuelans to apply for TPS. TPS has 
bipartisan support in the House and in the Senate. It is time for the 
Senate to take this bill up.
  TPS is a fundamental component in our approach to the crisis in 
Venezuela, but it will not alone solve the crisis. The United States 
and the international community must continue to put pressure on the 
regime to facilitate a peaceful change in leadership, because our 
ultimate goal is to secure a stable and peaceful transition of power 
for the Venezuelan people.

                              {time}  1530

  Mr. COLLINS of Georgia. Mr. Speaker, I reserve the balance of my 
time.
  Ms. LOFGREN. Mr. Speaker, I yield an additional 30 seconds to the 
gentleman from Florida (Mr. Soto).
  Mr. SOTO. Mr. Speaker, I also want to just make a point that the 
temporary protected status program is the current law of the land. The 
program was created for this exact purpose, to help people living under 
dire conditions, like Venezuelans who fear for their lives. It allows 
them to stay in the U.S. until the situation changes in their home 
country.
  In this broader debate over immigration and over TPS, let us not 
sacrifice the Venezuelan people in the process but, rather, come 
together in a bipartisan fashion to show the very best of this Chamber 
in the interest of freedom and liberty, not only to Venezuela, but 
across the globe.
  Mr. COLLINS of Georgia. Mr. Speaker, I ask the gentlewoman if she has 
any more speakers.
  Ms. LOFGREN. Mr. Speaker, I have one additional speaker on the way.
  Mr. COLLINS of Georgia. Mr. Speaker, I reserve the balance of my 
time.
  Ms. LOFGREN. Mr. Speaker, may I ask how much time is remaining.
  The SPEAKER pro tempore. The gentlewoman from California has 6\1/2\ 
minutes remaining. The gentleman from Georgia has 12\1/2\ minutes 
remaining.
  Ms. LOFGREN. Mr. Speaker, I yield myself 2 minutes just to make a 
couple of additional comments.
  First, Venezuela, which was a perfectly happy country, has been 
trashed by their government. They are now experiencing a 10 million 
percent annual increase in inflation, and 85 percent of the medicines 
needed for the major causes of morbidity in the country are unavailable 
in the pharmacies. They are in terrible shape.
  I had occasion to go to the Colombian-Venezuelan border a short time 
ago, and I would like to tell you what I saw.
  I saw, first, the skinniest refugees I have ever seen, people who 
were coming over for the day to get something to eat. The Catholic 
Church had organized food for people who have no food and who came 
across the river just to get a meal with their children. It was a 
tragic situation. To think that we would send someone who is 
temporarily here back to that catastrophe is really unthinkable.
  As Mr. Soto has mentioned, TPS was devised precisely for this type of 
situation where we have chaos in the native country of someone who is 
here temporarily, and it is unconscionable to send them back.
  So we do know that the ultimate answer in Venezuela is not TPS. It is 
for the Venezuelan people to gain control of their government, to have 
a functioning democracy, to get rid of the socialist policies that have 
trashed the country. But, meanwhile, we do need to have this protection 
for the Venezuelans who are here.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Ms. LOFGREN. Mr. Speaker, I yield myself an additional 30 seconds.
  Mr. Speaker, I would note that, without a word of complaint, the 
Colombians have accommodated 4 million Venezuelans who have left 
Venezuela and gone into Colombia. There has not been a big turmoil in 
Colombia about accepting those refugees while this disaster is going 
on. Surely, the estimated 300,000 Venezuelans who are in the U.S. today 
would not pose a burden. They are able to support themselves, and we 
should not be sending them back to a terrible fate.
  Mr. Speaker, I reserve the balance of my time.
  Mr. COLLINS of Georgia. Mr. Speaker, may I ask how much time is 
remaining, please.
  The SPEAKER pro tempore. The gentleman from Georgia has 12\1/2\ 
minutes remaining. The gentlewoman from California has 4 minutes 
remaining.
  Ms. LOFGREN. Mr. Speaker, I am still waiting.
  Mr. COLLINS of Georgia. Mr. Speaker, I yield myself such time as I 
may consume.
  I think the interesting thing here, and I will just say this--I am 
not ready to close--but at this point in time, I think one of the 
issues that has been said today, it should be noted that DHS has 
actually no mechanism to send anyone back to Venezuela right now. The 
channels for getting people back to Venezuela are not there, so 
deportation is not happening, especially now, because we have no 
mechanism to do that. So that is something later on, the merits of the 
bill either way.
  I am not wanting to engage in a colloquy. I am just trying to see if 
the gentlewoman has her speaker here.
  Ms. LOFGREN. Will the gentleman yield?
  Mr. COLLINS of Georgia. I yield to the gentlewoman from California.
  Ms. LOFGREN. No, and I think given the time and the other bills 
behind us, why doesn't the gentleman close. I will close, and we will 
go to a vote.
  Mr. COLLINS of Georgia. Mr. Speaker, reclaiming my time, I oppose 
this legislation which designates Venezuela for TPS status.
  Under Federal law, the DHS Secretary may designate a country for TPS 
if the country is unable to adequately handle the return of nationals 
or circumstances prevent it, which is actually happening right now in 
many ways.
  The TPS designation means nationals of a designated country inside 
the U.S. on the date of designation, legally or illegally, may apply to 
stay here and receive employment authorization. DHS has estimated that 
there are 270,000 such Venezuelan nationals currently in the country, 
and 123,000 are here illegally.
  Generally, TPS is designated for an 18-month period, and the country 
may be redesignated for 18-month increments. But if the country no 
longer meets the conditions for TPS designation, the Secretary must 
terminate the designation.
  Despite the fact Congress intended TPS to be a temporary protection, 
it has become permanent and automatically renewed. Contrary to 
Congress' intent, some countries have been designated for TPS for 
decades.

[[Page H7412]]

  The current administration has followed the law and terminated TPS 
for certain nations, but, of course, that has not been left alone. It 
has been stymied in the court.

  I oppose H.R. 549, but the Venezuelan people are in a dire situation, 
and thanks to the socialist policies of Hugo Chavez and Nicolas Maduro, 
I pray for regime change in Venezuela.
  If Congress is, nevertheless, inclined to statutorily designate 
Venezuela for TPS, then we should not ensure renewal is automatic. If 
we do not do that, we can continue the same broken TPS designation 
process. No future administration will terminate the designations, and 
25 years from now, Members will call for the green cards for those who 
are here on TPS.
  I must also point out the hypocrisy of designating a country for 
temporary protected status. The majority recently passed legislation to 
create a green card path for 417,000 aliens in the country on a 
temporary protected status, some of which were 20 years for a volcano--
not exactly something that is permanent.
  We also may as well remove the word ``temporary'' from TPS statute 
and hand over the green cards right now.
  Mr. Speaker, I oppose H.R. 549, and I yield back the balance of my 
time.
  Ms. LOFGREN. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, I would hope that everyone will vote for this bill.
  It is, unfortunately, the case that the United States has deported 
Venezuelans in late 2018. More Venezuelans were deported than were 
resettled.
  It is important that, while this country, Venezuela, is really in 
meltdown, we don't take vulnerable people and send them back there. 
That is what TPS is all about. This bill is simple.
  I thank Mr. Soto, Ms. Shalala, Ms. Debbie Wasserman Schultz, and Ms. 
Mucarsel-Powell for their efforts, along with those of many others.
  Mr. Speaker, I ask that we support this bill, and I yield back the 
balance of my time.
  The SPEAKER pro tempore. All time for debate has expired.
  Pursuant to House Resolution 519, the previous question is ordered on 
the bill, as amended.
  The question is on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further 
consideration of H.R. 549 is postponed.

                          ____________________