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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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Wednesday, July 16, 2014

Senate Democrats Push Back Against Speedy Deportations

Wall Street Journal
By Michael R. Crittenden and Laura Meckler
July 15, 2014

The fate of the Obama administration's plan to deal with a surge of migrant children and families crossing the southern U.S. border is expected to hinge on the Senate, where majority Democrats are divided about giving immigration officials more power to quickly return the children to their home countries.

The White House has requested $3.7 billion in emergency funding to address the crisis. But House Republican leaders want to tie any funding to a change in a 2008 law that requires children crossing the U.S. border alone from countries other than Mexico or Canada be placed with sponsors in the U.S., usually their own family, while their deportation cases unfold in the courts. Their aim is to allow those children to be deported faster.

President Barack Obama has said he needs more flexibility to get the minors back home and to persuade Central American children and their families to avoid starting what can be perilous and even fatal journeys north.

Many Democrats say expedited deportations are a mistake, and in the Senate that division could hinder efforts to move legislation before an August recess.

Senate Majority Leader Harry Reid (D., Nev.) said he opposed one proposal to more quickly return children to their home countries, and suggested the administration didn't need congressional action for the authority it has requested. But he was noncommittal about what Democrats eventually would bring to the floor. "Our number-one concern should be this narrow issue of how we take care of this situation we have on the border," he said.

Mr. Reid cautioned fellow Democrats at a closed-door luncheon Tuesday to avoid reaching any final decision until they are briefed by administration officials Wednesday. But that didn't stop some senators from expressing their concerns.

"They shouldn't be brought to our borders to start with, and that's not going to change just because we expedite their return to their host country or protective services," said Sen. Ben Cardin (D., Md.), adding that the government should focus its resources on what's leading tens of thousands of unaccompanied minors to flee their countries.

The influx of migrants illegally entering the U.S., particularly unaccompanied minors from Guatemala, Honduras and El Salvador, has Washington struggling to quickly respond. Mr. Obama's request for emergency money would, among other things, help fund additional facilities to hold detained immigrants, pay overtime to Border Patrol agents and hire more immigration judges, and provide aid to countries to help repatriate citizens.

House GOP aides said lawmakers were still deciding what policy changes, including the expedited deportation language, to attach to Mr. Obama's request. Republican leaders also were trying to determine how much emergency funding to include in the legislation they bring to the House floor for a vote.

Thirty eight women and children recently detained at the U.S. border were flown home to Honduras on Monday, in what U.S. officials say is the first of an expected increase in expedited deportations. WSJ's Laura Meckler discusses on Lunch Break with Tanya Rivero. Photo: Getty

"We're combing through the numbers now, trying to determine what kind of money is needed immediately, both in terms of policy and cost," said Rep. Hal Rogers (R., Ky.), who chairs the House Appropriations Committee. He added there is a strong sentiment to "relieve the plight of these kids in a humanitarian way."

A working group organized by House Republicans and headed by Rep. Kay Granger (R., Texas) was slated to present its recommendations for potential policy changes either Tuesday or Wednesday. Ms. Granger said the government needs to "accelerate" its response, including adding National Guard troops and immigration judges at the border.

"We've got border patrol people trying to do a good job, but they're so overwhelmed with the number of people coming across that they're taking care of children and filling out forms and so we need National Guard to add more bodies," she said.

But Sen. Judiciary Committee Chairman Pat Leahy (D., Vt.) said there was little point in talking about additional border security measures until House Republicans agree to hold a vote on a comprehensive overhaul of the U.S. immigration system. He said a Senate-passed immigration measured had "a great deal of border security," and if that passed the House, "then we could talk about any additional money needed for immigration judges or others. But unless you have a framework, it's hard to talk about these other issues."

Advocates for immigrants said Tuesday that they are also working to persuade congressional Democrats to oppose any effort to tie a change in the 2008 law to the emergency spending bill. There is "certainly" support in the Senate for a spending bill without policy riders, said Kevin Appleby, director of migration policy for the U.S. Conference of Catholic Bishops.


"Our strategy is to hold firm and make the argument that this funding is needed and it would be irresponsible to sacrifice this funding for political reasons," Mr. Appleby said.

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

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