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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; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Friday, November 21, 2014

Obama to Protect 4 Million-Plus Immigrants From Deportation

Wall Street Journal
By Laura Meckler
November 20, 2014

WASHINGTON—President Barack Obama was preparing Thursday to announce that millions of illegal immigrants will gain protections from deportation under a plan that would bypass Congress.
 
The plan, to be presented by Mr. Obama in a prime-time address Thursday, will give more than four million illegal immigrants the chance to apply for work permits and a temporary reprieve from deportation. People who have been in the U.S. for at least five years and are parents of citizens or legal permanent residents would be eligible to apply for the protections. The White House said nearly a million more could benefit through other new or expanded programs.
 
“What I’m describing is accountability—a common-sense, middle-ground approach: If you meet the criteria, you can come out of the shadows and get right with the law,” Mr. Obama would say, according to prepared remarks. “If you’re a criminal, you’ll be deported.”
 
Mr. Obama’s plan contained only minor benefits for businesses that crave more visas for foreign workers and that have lobbied unsuccessfully for action in Congress. A new program will expand immigration options for foreign entrepreneurs who meet certain criteria. But White House officials said they couldn’t include a plan, favored by high-tech companies, to make visas available from a set that had gone unused in prior years, after concluding they couldn’t justify the plan legally.
 
By giving work papers to millions of illegal workers, Mr. Obama’s plan could affect businesses in unexpected ways, enabling workers to seek new jobs and higher wages to the benefit of some business sectors more than others. Some in the agriculture industry, for example, worried that newly legalized workers would leave for other sectors.
 
Republicans criticized the move as presidential overreach. “The action he’s proposed would ignore the law, would reject the voice of the voters and would impose new unfairness on law-abiding immigrants—all without solving the problem,” said Senate Minority Leader Mitch McConnell (R., Ky.).
 
Advocates for immigrants, who lobbied Mr. Obama to act without waiting for approval from lawmakers, planned celebrations, rallies and watch parties across the country. “I feel like everything I did now is paying off,” said Martha Sanchez Almaraz, of Shakopee, Minn., who advocated for the change and stands to benefit from it. Two of her three children are U.S. citizens. “Sometimes, I felt like this would never happen.”
 
As a candidate for president, Mr. Obama had vowed to make an overhaul of the immigration system a priority in his first year. That didn’t happen. The president pushed for legislation as his second term opened, but a bipartisan bill that passed the Senate died in the GOP-run House.
 
Now, with two years remaining in office, the president has turned to unilateral action using executive powers as his main tool in shaping his legacy, both on immigration and addressing climate change, where his policies also face Republican opposition.
 
Republicans in Congress have spent the last several days looking for ways to block implementation of the Obama policy.
 
Many have suggested using legislation that must pass by Dec. 11, needed to keep the government funded, as a vehicle for enacting limits on Mr. Obama’s policies. That idea hit a roadblock Thursday when the House Appropriations Committee said that Congress cannot defund the primary agency involved in Mr. Obama’s plan, U.S. Citizenship and Immigration Services, because it is self-funded by fees. In fact, the agency could continue operating even if the rest of the government shut down.
 
Mr. Obama’s action raised the question of whether immigration legislation was now dead for the rest of his term—as GOP leaders said his unilateral action would “poison the well’’ in working with Congress—or whether it created new pressures for lawmakers to revisit the issue.
 
Some lawmakers said Congress may respond to Mr. Obama by renewing efforts to pass legislation, likely in piecemeal fashion, as many Republicans have advocated.
 
“Congress needs to re-establish its authority in this,” said Rep. Mike Simpson (R., Idaho). “Ultimately, we’ve got to solve the problem, so why not just start doing it?”
 
“It was extremely unlikely prior to this action,” said Sen. Chris Murphy (D., Conn.). “This is a forcing mechanism. Republicans can sit down and negotiate with us tomorrow to make this executive action last all of a few weeks.”
 
Economically, the plan was likely to have unpredictable impacts. Economists say that people who have been working illegally may now seek higher paying jobs, heightening wage competition in a number of sectors. A 1986 law, which offered legal status to nearly three million undocumented immigrants, had an almost immediate labor market impact, with many low-wage workers moving to other jobs that pay better.
 
The executive action satisfies few priorities of business groups, which have lobbied Congress in support of the broader overhaul and are now regrouping.
 
The executive action will create a new program for entrepreneurs who can show they have investors and can create jobs, and it will expand a program that helps foreign students who have graduated and are awaiting work visas.
 
That falls short of changes that many businesses want: more legal visas for high-skilled, low-skilled and farm workers. Some business groups vowed to continue the legislative push.
 
“We hope there is ultimately calm after the firestorm,” said U.S. Chamber of Commerce spokeswoman Blair Latoff Holmes. “Republicans will have an opportunity in the next Congress to put forward bills to address our dysfunctional immigration system.”
 
Those changes could come in the form of a series of smaller bills that address boarder protection, employment verification and improvements to the legal immigration process, she said.
 
“We will continue to push for a permanent legislative solution, notwithstanding the fact that the president’s unilateral action will likely make that objective exceedingly difficult,” said Brian Turmail, senior executive director of public affairs at the Associated General Contractors of America.
 
The most controversial part of the president’s plan is a new “deferred action” program, which gives a temporary reprieve from deportation and the chance to apply for work permits. Parents of U.S. citizens and permanent residents will be eligible for the program. To qualify, they will have to undergo a background check and pay application fees.
 
In addition, the administration is expanding criteria for an existing program that gives the same benefits to young people brought to the U.S. illegally as children, sometimes called Dreamers, making about 270,000 people newly eligible.
 
However, senior administration officials said they could not legally justify giving shelter to the parents of these young people. They said that Congress had recognized the importance of the relationship between children and their immigrant parents, in that citizens are able to sponsor their parents for green cards. But there is no such justification for the parents of Dreamers, who have no legal status of their own, they said.
 
For similar reasons, they said, they considered but didn’t create a special program for farm workers.
 
“It’s a bittersweet moment for us,” said Felipe Sousa-Rodriguez, a Brazilian immigrant who was raised in Florida and has legal protections under the existing program. “Many people who got us to this point won’t have the relief of knowing their parents are protected from deportation.”
 
White House officials said they had scrubbed the policy to make sure their actions were lawful and cited similar rationale from previous administrations.
 
“The actions I’m taking are not only lawful, they’re the kinds of actions taken by every single Republican president and every Democratic president for the past half century,” Mr. Obama said in his prepared remarks. “And to those members of Congress who question my authority to make our immigration system work better, or question the wisdom of me acting where Congress has failed, I have one answer: Pass a bill.”
 
The plan also makes changes to the enforcement regime. Under newly crafted guidelines, gang members, those with serious criminal convictions and people who crossed the border after Jan. 1, 2014, will top the list of priorities for deportation. People with only minor immigration violations or traffic convictions, but no other offenses, will no longer be targeted, officials said.
 
It wasn’t clear that deportations, which have hit record numbers under Mr. Obama’s tenure, would fall under the new policy. Most of the people deported in recent years would have qualified as priorities for deportation under the new rules.
 
The president was also replacing the Secure Communities program, which mandates that local law enforcement detain illegal immigrants and notify federal authorities. Under the new program, immigration-enforcement officials will be notified, but people will not be held for any extra time.
 

Senior administration officials said the legal justification for Mr. Obama’s plan was based on the principle of prosecutorial discretion—there are insufficient resources to target all 11.2 million illegal immigrants, so the administration can assert priorities.

For more information, go to:  www.beverlyhillsimmigrationlaw.com

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