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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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Monday, April 24, 2023

Lawyers ask House Judiciary Committee to reject Republican asylum plan

Through a recently published document, the American Immigration Lawyers Association (AILA) and the National Bar Association, organizations that bring together more than 17,000 members, as well as law professors, called to oppose the HR bill 2640. Also called Border Protection and Asylum Reform 2023, the bill, which will be considered by the House Judiciary Committee next week, is sponsored by Republican Rep. Tom McClintock of California and is considered by defenders of migrants as a setback to the rights of this community. DEFENSE OF THE CURRENT LAW Lawyers and law professors said in declarations published by Univision: Beyond party lines, the American people support the protection of asylum seekers. There is a long-standing historical recognition based on American law that the United States has been and must be a leader in global humanitarian assistance. The current asylum law, approved by Congress, indicates that if a person seeks asylum and has or demonstrates a fear of being deported because their life is in danger, it is an immigration judge who decides their future in the United States. “The bill does not offer effective solutions that improve management on the southern border of the United States with Mexico. Rather, it attempts to control the now global phenomenon of refugee flows by blocking asylum seekers and destroying existing asylum law," they added. A COMPLICATED SCENARIO Among the reforms proposed by the new bill, the following stand out: Eligibility requirements and restrictions to request asylum are expanded It demands the detention of migrant families and minors fleeing their countries and seeking asylum in the United States It imposes the Safe Third Country rule and includes severe penalties for employers who hire undocumented immigrants, among other provisions Authorizes the Secretary of the Department of Homeland Security (DHS) to prevent the entry into the United States of any alien if the official determines "it is necessary to achieve operational control" over the border Expands foreign detention capabilities and speeds up deportation processes “The Republican plan would bar asylum entirely and without exception to people who cross the border between ports of entry without exception, even if they are vulnerable groups, including unaccompanied children who are protected by the Law for the Protection of Victims of the Trafficking,” highlighted the lawyers. RELATED CONTENT Sen. Ben Ray Luján, other U.S. Reps. introduce bill to expand student loan forgiveness for educators September 19th, 2022 North Philly reacts: The Puerto Rico Status Act July 25th, 2022 Haitian migrants, advocates at Philly City Hall, condemn the Biden admin for recent border actions September 29th, 2021 Likewise, AILA highlighted that in addition to the changes proposed in the bill, what is sought is to hinder the federal government by demanding impractical measures and bureaucratic obstacles that will slow down the (asylum) process instead of making it more efficient. “The bill would further restrict eligibility for asylum and limit the application. It means that there will simply not be meaningful access to asylum for those who are fleeing persecution and coming to the United States to save their lives,” stressed AILA. THREAT TO EMPLOYMENT The bill's authors have also recommended limiting employment authorization for asylum seekers "to just six months," forcing employment authorization holders to repeatedly apply for the document, which in many cases takes more than six months to process by USCIS. “These requests to renew work authorization will compound the existing backlog currently facing USCIS which is severely delaying all forms of employment-based and family-based visas,” highlighted the document. For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.

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