- Eli Kantor
- Beverly Hills, California, United States
- Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; firstname.lastname@example.org. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com
Thursday, December 23, 2010
without probable cause or arrest warrants. They detained 11 people for between 3 and 27 days before they were released. The 11 plaintiffs sued the federal government, immigration agents who conducted the raid, and the agents' supervisors for violating their Fourth and Fifth Amendment rights, as well as negligent supervision and hiring. U.S. District Judge Stefan Underhill upheld the Fifth Amendment equal protection claims and the Fourth Amendment charges against four of the supervisors. "The plaintiffs have alleged that the defendant officers targeted a primarily Latino neighborhood, arrested people who appeared Latino, detained one plaintiff solely because he spoke Spanish and appeared Latino, and taunted one plaintiff's girlfriend by saying the plaintiffs were being taken to see Mexican singer Juan Gabriel," Underhill wrote. "That is enough to plausibly allege that the defendants were motivated by a discriminatory purpose." The plaintiffs can also obtain additional discovery to support their claims for negligent training and supervision, the judge ruled.
A path to legal status for illegal residents might not happen soon, the president agrees in a meeting with the Congressional Hispanic Caucus. But he says he's not giving up.
Los Angeles Times: President Obama and Latino lawmakers greed Tuesday that chances are dimming for passage of an immigration overhaul that would provide a path to legal status for millions of illegal residents, according to people familiar with the private session. Instead, the president and members of the Congressional Hispanic Caucus concurred that, until after the 2012 election, a more realistic goal would be to stave off legislation targeting illegal immigrants. That said, Obama told the group, he was not giving up on an immigration overhaul, which he promised to accomplish during his 2008 presidential campaign. He said he would mention the issue in his State of the Union address next month, a move that Democrats hope might pressure Republicans into accommodating the fast-growing Latino voting bloc. "The reality is, we're no longer on the House side in charge of the agenda,'' said Rep. Charlie Gonzalez (D- Texas), who attended the meeting. "We would never have had a vote on the Dream Act if the Republicans were in charge. So we need to understand that.''
Tuesday, December 21, 2010
U.S.A. Today: A U.S. Border Patrol agent was shot and killed along the Southwestern border last week, marking the second time in as many years that an agent was gunned down along the border with Mexico. The shooting prompted politicians from both parties, including Arizona Gov. Jan Brewer and Department of Homeland Security Secretary Janet Napolitano, to emphasize the dangers faced by the 20,000 Border Patrol agents and thousands of other law enforcement officers who patrol the border. Records from a police memorial group and the federal government paint a clearer picture of how violent the border truly is. Fourteen Border Patrol agents have died since 2006, and records obtained by USA TODAY show that agents shot and killed 20 people in that time. CONFIRMATION: Napolitano says gang killed border agent in battle
Lt. Jeff Palmer, who founded the Pima County (Ariz.) Sheriff's Office border crime section, said they face armed smugglers, constant assaults by immigrants throwing rocks and a rugged terrain that makes apprehending people, and defending yourself, extremely hard.
"It's a violent, violent place out there, and people are utilizing whatever means they can to avoid apprehension," Palmer said. Christian Ramirez of American Friends Service Committee, a Quaker organization that tracks border violence, said the blame lies on both sides of the border. Ramirez said smuggling cartels trying to push their goods into the U.S. are clashing with an ever-expanding collection of law enforcement officers on the U.S. side, leaving illegal immigrants simply looking for work caught in the crossfire.
Immigration policy is complicated, but passage of the DREAM Act should have been easy. Supporters must continue to press their cause.
Los Angeles Times: Bernard Pastor of Ohio, brought to this country at age 3, is fighting an order of deportation to Guatemala. Hector Lopez of Oregon is in detention after being deported to Mexico and trying to return to his family in the United States, his home since the age of 6 weeks. What Pastor and Lopez have in common is that they grew up pledging allegiance to the United States, have never lived anywhere else and for all intents and purposes are American. They and thousands like them would have been assisted by the DREAM Act, which offered a conditional pathway to citizenship to young illegal immigrants who attend college or serve in the military. Unfortunately — worse than that, immorally and cruelly — the Senate failed to pass the bill. Although polls showed that the public supported it, and the Congressional Budget Office calculated that its passage would add $2 billion in new tax revenue annually, and a majority of senators were ready to vote "aye," as had their colleagues in the House, a Republican minority and a handful of Democrats blocked the bill from coming to a vote. This is a sad moment for young people like Pastor and Lopez, who were hoping for a reprieve. To secure a future in the United States, undocumented students outed themselves online, in news stories, on their college campuses. University graduates told of working as waitresses and dishwashers even though they hold advanced degrees. They demonstrated at senators' offices and fasted in the tradition of Cesar Chavez. Saturday morning, they cried in the corridors of Congress.
Monday, December 20, 2010
Opponents of the measure, similar to Arizona's suspended law, fear alienating the fastest-growing voting bloc and further hampering the party's ability to win elections in the state.
Los Angeles Times: A nascent California ballot measure that seeks to replicate Arizona's controversial crackdown on illegal immigrants is dividing the state's Republicans, with a number of prominent strategists and leaders fearing that it could further harm their party's already fraught relationship with Latinos — the fastest-growing segment of the electorate. It's unclear whether the ballot's backers will have the financial resources to gather enough signatures to place the measure on the 2012 ballot. Several Republicans said that even the effort to do so has the potential to increase the chasm between the party's candidates and the voting bloc whose record-breaking turnout tilted races in November and delivered a clean Democratic statewide sweep in a year in which Republicans celebrated major victories in the rest of the nation. They equated it to 1994's Proposition 187, which would have stopped illegal immigrants from receiving any state services had it not been largely voided by the courts. "It's completely counterproductive to the future of the party as well as counterproductive to the immigration debate and coming to a real solution," said Rob Stutzman, a GOP strategist who advised failed gubernatorial nominee Meg Whitman. "It allows those who make a living off the demagoguing of immigrants to continue to do so." Supporters of the measure counter that the party's nominees suffered deep losses because the party has no clear message on immigration. "I think a greater damage to the future of the party in this state is that we have no position or message on immigration," said Mike Spence, a conservative Republican activist. "That to me is the bigger problem. I don't see how we can be damaged more than we already are."
Los Angeles Times: President Obama once favored a "crackdown on employers" who hired illegal immigrants, and as a candidate called for "much tougher enforcement standards" for companies that employed illegal workers. But this week, Obama's top courtroom lawyer will join the U.S. Chamber of Commerce in urging the Supreme Court to strike down an Arizona law that goes after employers who hire illegal workers. The administration also seeks to void a part of the state's law that tells employers they must check the federal government's E-Verify database to make sure their new hires are authorized to work in the United States. The move sets the stage for a high court ruling on the most disputed issue in immigration law: Can states and cities enforce their own laws against illegal immigrants, or must they wait for federal authorities to act? The administration found itself in an awkward spot in part because the Legal Arizona Workers Act was signed into law in 2007 by then- Gov. Janet Napolitano. She said it would impose the "business death penalty" on employers caught a second time hiring illegal workers, and blamed "the flow of illegal immigration into our state … [on] the constant demand of some employers for cheap, undocumented labor."
Friday, December 17, 2010
Associated Press: Congress has taken the unusual step of waiving immigration restrictions for two Japanese citizens fighting to live in the United States.The private immigration bills passed by the House on Wednesday - they had already been passed by the Senate - are the first to be approved in more than five years. The measures now go to President Barack Obama for his signature. One bill would clear the way for the granting of legal status to the widow of a Tennessee Marine who gave birth to their son after he was killed in Iraq in 2008. Another would provide relief to a Japanese man living in California whose mother was killed in a car crash when he was a teenager and who was never legally adopted. "I have always seen myself as part of this whole American society, and I am American, just like my friends but without the status or papers," said the man, Shigeru Yamada, now 28. "For me to finally become, or have the potential to become a permanent resident, it means a great deal to me, it really does. I can't really express how happy I am." Congress can vote to let individual immigrants in exceptional cases live in the country legally but hasn't done so since the 108th Congress, in 2003-04. Immigrant advocates see such bills as a last resort when other efforts to obtain a green card have failed.