Van Hollen, Casey, Senators Demand Transparency on Office of Refugee Resettlement Funding
Today U.S.
Senators Chris Van Hollen (D-Md.) and Bob Casey (D-Pa.) led a letter with 17
Democratic Senators to Health and Human Services (HHS) Secretary Alex Azar
about funding for the Office of Refugee Resettlement (ORR). ORR is responsible
for overseeing the care of unaccompanied alien children and children who are
being held in federal custody after being separated from their families at the
border – and ultimately, reuniting them with their families.
HHS has not been
forthcoming about additional funding needed to care for and reunite the huge
influx of children in ORR’s custody as a result of President Trump’s shameful
family separation policy, and the Senators are demanding answers.
“Under your
leadership the Department of Health and Human Services has developed a
troubling pattern of chaotic, ideologically-driven, and opaque policymaking.
Given reports that HHS is now redirecting hundreds of millions of dollars
toward care for children needlessly separated from their parents, it is
critical that the Senate have full information about the Department’s effort to
identify funding in response to the emergency the Trump Administration’s policies
have created. Additionally, we ask that the required transfer notifications
submitted to the Appropriations Committee include both the amount from and the
impact on all accounts contributing to the transfer,” the Senators wrote.
Senators Van
Hollen and Casey were joined by Senators Patty Murray (D-Wash.), Kirsten
Gillibrand (D-N.Y.), Tom Udall (D-N.M.), Angus King (I-Maine), Richard
Blumenthal (D-Conn.), Tammy Baldwin (D-Wis.), Mazie Hirono (D-Hawaii), Tom
Carper (D-Del), Michael Bennet (D-Colo.), Bill Nelson (D-Fla.), Jeff Merkley
(Ore.), Ron Wyden (D-Ore.), Tammy Duckworth (D-Ill.), Jeanne Shaheen (D-N.H.),
Martin Heinrich (D-N.M.), Cory Booker (D-N.J.), and Bernie Sanders (I-Vt.).
The full text
of the letter is below and here.
Dear Secretary
Azar:
We write today
to express our ongoing concern about children separated from their families as
a result of the Trump Administration’s abhorrent “zero-tolerance” policy, and
to strongly urge you to clearly communicate to Congress your FY 2018 and FY
2019 funding needs for the Office of Refugee Resettlement (ORR)’s Unaccompanied
Alien Children (UAC) Program to care for these children – and reunify them with
their families.
Under your
leadership the Department of Health and Human Services (HHS) has developed a
troubling pattern of chaotic, ideologically-driven, and opaque policymaking.
Given reports that HHS is now redirecting hundreds of millions of dollars
toward care for children needlessly separated from their parents, it is
critical that the Senate have full information about the Department’s effort to
identify funding in response to the emergency the Trump Administration’s policies
have created. Additionally, we ask that the required transfer notifications
submitted to the Appropriations Committee include both the amount from and the
impact on all accounts contributing to the transfer.
In April,
Attorney General Sessions announced a new “zero-tolerance” policy, under which
all violations of 8 U.S.C.§ 1325(a) are criminally prosecuted. This policy
decision has caused the needless separation of thousands of children from their
parents. Children who entered the country with their parents or legal
custodians have been transferred to the custody of ORR. While we strongly
oppose this appalling policy, ensuring that the children in ORR custody are
well-cared for is the top priority for us. Many of these children have already
been exposed to severe danger or trauma in their home countries, and this
needless separation can result in additional trauma with lifelong health
impacts. As such, it is imperative that ORR has the resources it needs to
provide adequate care for these children that is developmentally, culturally,
and linguistically appropriate for their needs.
On July 18,
2018, Politico reported that HHS is preparing to shift more than $200 million
from other HHS accounts to care for the children in ORR custody and reunify
separated families. Additionally, on July 10, 2018 the media outlet Slate
reported that ORR is making plans in the event that there is another surge in
immigrant minors over the next three months. One plan, as reported,
involves transferring program funds from the Ryan White HIV/AIDS Program and
reprogramming ORR refugee resettlement funds to address shortfalls in existing
funding. While it is imperative that ORR receive the resources it needs to care
for the children in its custody, we are also concerned about the impact of
pulling funds away from other vulnerable populations, such as the individuals
with HIV/AIDS served by the Ryan White program.
As you know, in
the Fiscal Year 2018 Omnibus, Congress provided HHS with transfer authority
that allows the agency to transfer into the ORR account amounts that increase
its funding by up to 10 percent – more than is generally allowed for other
accounts. For the past several fiscal years, Congress provided this additional
transfer flexibility in recognition of the inherent difficulty in predicting
the exact number of children that would be entering ORR custody. However,
Congress maintains a critical oversight role of the details and potential
impact of these transfers. For that reason, as well as to better understand the
resources ORR will need for FY 2018 and FY 2019 and the impact of these
decisions on programs at HHS that serve other vulnerable populations, we
request that you respond to the following questions:
·
Does HHS anticipate that ORR will need
additional funds to care for children in ORR custody and reunify separated
families before the end of FY 2018? If so, when does the Administration plan to
request supplemental appropriations?
·
Does HHS anticipate needing more funding for FY
2019 than initially requested? If so, when does the Administration plan to
amend its FY 2019 funding request?
·
Please confirm that HHS has fulfilled the
requirement to notify Congress before reprogramming or transferring funds into
the UAC program from other accounts and programs.
·
Does HHS plan to reprogram or transfer any funds
to care for children in ORR custody and reunify separated families?
o
If so, please identify which accounts and/or
programs HHS will transfer funds from and indicate how much funding will be
transferred from each account.
o
If so, please indicate the impact that these
transfers will have on the program from which the funds will be transferred,
and describe the impact on those programs.
·
Is the Politico report that HHS is planning to
transfer $200 million from other HHS accounts to care for children in ORR
custody and reunify separated families accurate?
o
If so, when does HHS plan to notify the Senate
and House Appropriations Committees of these transfers, as required by law?
o
If so, please identify which accounts and/or
programs HHS will transfer funds from and indicate how much funding will be
transferred from each account.
·
As the Slate article alludes to, has HHS modeled
various scenarios under which ORR may need additional funds for FY 2018 and/or
FY 2019? Please provide a briefing on any of these various scenarios and cost
estimates to the Senate and House Appropriations Committees.
·
Will HHS provide the Committees with a list of
all the costs incurred to ensure compliance with the court’s orders in Ms. L v.
ICE and all other litigation?
·
The President’s June 20 Executive Order
instructed the Department of Defense (DoD) to provide “facilities available for
the housing and care of alien families.” Additionally, the DoD issued a
memo outlining a plan to house up to 20,000 unaccompanied migrant children on
military bases. How will the use of DoD facilities to house these
children and their families impact the amount of funding ORR needs to properly
care for them in FY 2018 and FY 2019?
Thank you in
advance for your attention to this matter. We request your response no later
than August 10, 2018.
###