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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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Tuesday, November 18, 2014

Senate Dems to Obama: We’re with you on immigration

Politico
By Seung Min Kim
November 17, 2014

Top Senate Democrats are backing up President Barack Obama’s promise to use executive action on immigration – as frustration grows among congressional Republicans about Obama’s pledge to go around Congress on halting deportations.
 
Senate Majority Leader Harry Reid (D-Nev.) and other Democratic leaders sent a letter to Obama on Monday, urging him to use his “well-established” executive powers to “improve as much of the immigration system as you can.”
 
“We strongly support your plan to improve as much of the immigration system as you can within your legal authority, and will stand behind you to support changes to keep families together while continuing to enforce our immigration laws in a way that protects our national security and public safety,” the senators wrote in the letter, provided in advance to POLITICO.
 
The letter was signed by Reid and Democratic Sens. Dick Durbin of Illinois, Chuck Schumer of New York, Patty Murray of Washington, Bob Menendez of New Jersey and Michael Bennet of Colorado. Durbin, Schumer, Menendez and Bennet were members of the Gang of Eight that wrote the chamber’s immigration bill last year.
 
The Democrats argued that Obama was well within his legal bounds to act unilaterally on immigration – the main point of contention from Republican lawmakers. For instance, they pointed to how Presidents Ronald Reagan and George H.W. Bush instituted a so-called “Family Fairness” policy that stopped deportations for 1.5 million family members of immigrants who were legalized under the 1986 immigration law.
 
The Obama administration is considering expanding the universe of undocumented immigrants who would qualify for deferred deportations by using criteria such as longevity in the United States and family ties, according to sources briefed on the discussions.
 
For example, parents here illegally but who have children who are U.S. citizens are almost certain to qualify, the sources said. More in question are whether undocumented parents of so-called Dreamers — many who have been shielded from deportations under a 2012 administration policy – would qualify as well.
 
“We hope that your upcoming actions will expand on this program to include individuals with strong ties to the United States and who have not committed serious crimes, including the parents of DREAMers, U.S. citizens and lawful permanent residents, and workers who play a vital role in our economy and heritage,” the Senate Democrats’ letter said.
 
As for ties to the country, the Obama administration is considering requiring an undocumented immigrant to have been in the United States anywhere from five to 10 years in order to be shielded from deportations, the sources familiar with the discussions said.
 
Reports have pegged the number of immigrants who could qualify as high as 5 million, but a senior administration official said Friday that the 5 million figure was at the upper limit of what Obama is considering.
 
The Democratic senators also urged for changes to immigration enforcement policies, such as “refining” Secure Communities – a federal program that calls on local law enforcement officials to hand over fingerprints of people booked into local jails to federal immigration authorities.

Another request from the senators was for Obama to make changes to the legal immigration system that would “keep immigrant families together, protect workers, and allow employers to sponsor more talented immigrants for U.S. citizenship.”
 
But Republicans on Capitol Hill have united against Obama’s impending executive actions.

Dozens of House Republicans have signed onto a letter from Rep. Matt Salmon (R-Ariz.) that wants to include language in any funding bill that would block funds to implement any immigration actions from Obama. Congress must pass a funding measure by Dec. 11 to avert a government shutdown.
 

“Elections have consequences,” Salmon told reporters Friday. “The president needs to understand that.”

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