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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, November 24, 2014

Boehner Says Obama’s Immigration Action Damages Presidency

New York Times
By Ashley Parker
November 21, 2014

WASHINGTON — Speaker John A. Boehner said Friday that President Obama was “damaging the presidency itself” by using his executive authority to prevent the deportation of millions of undocumented immigrants.
 
Mr. Boehner said that the House would act to counter the president, but he declined to be specific.
 
“With this action, the president has chosen to deliberately sabotage any chance of enacting bipartisan reforms that he claims to seek,” Mr. Boehner told reporters. “And as I told him yesterday, he’s damaging the presidency itself.”
 
Mr. Obama, in his address to the nation Thursday night, all but dared congressional Republicans to act — either by passing their own immigration legislation to trump his executive action or by challenging him in a way that could be politically disastrous for the Republican brand.
 
Mr. Obama’s decision to act unilaterally on immigration — allowing up to five million undocumented immigrants to remain in the country and work legally without threat of deportation — came after months of congressional gridlock, in which a broad immigration overhaul that passed the Senate with overwhelming bipartisan support died in the Republican-controlled House.
 
“Pass a bill,” Mr. Obama bluntly told Republicans.
 
But the president’s executive action — and call for congressional action — thrust Republicans into a political challenge of their own. In the lead-up to his announcement and in the hours after, Republicans struggled to balance fighting what they view as an abuse of presidential power while still offering a carefully moderated response that does not damage the party’s standing with Latino voters, the nation’s fastest-growing minority, or imperil its governing agenda next year, when it controls both chambers.
 
So Republicans focused their fury on the president, making clear their anger and frustration at what they call “executive amnesty.” Representative Kevin McCarthy of California, the House majority leader, warned against the president’s “brazen power grab.”
 
Representative Michael McCaul, Republican of Texas, the chairman of the House Homeland Security Committee, said that the president’s actions were not only unconstitutional but also “a threat to our democracy,” and promised to “use every tool at my disposal to stop the president’s unconstitutional actions from being implemented.”
 
And Senator Jeff Sessions, Republican of Alabama, a longtime outspoken opponent of a broad immigration overhaul, said in a phone interview that Congress should fight back by funding all of the government except those agencies carrying out the president’s order.
 
In a prime-time speech, President Obama announced a series of executive actions to grant work permits and temporary reprieves from deportation to as many as five million undocumented immigrants.

“The president is the one who is acting provocatively, not the Congress,” Mr. Sessions said. “The last thing this Congress wants to do is have this kind of fight, but at some point the institution has to defend itself.”
 
Nonetheless, Republican leaders have also warned their members against embarking on a strategy that could lead to a government shutdown, as well as cautioning them against talking about impeaching the president.
 
“Leadership in both the House and the Senate have been clear that talk of impeachment, talk of a shutdown, is not productive, doesn’t solve the problem,” said Pat Tiberi, Republican of Ohio, a close ally of Mr. Boehner. But Mr. Tiberi also blamed the White House for playing politics with a serious issue, saying: “What did the president do? He pulled the pin on the grenade two weeks after the election, as our leadership was trying to extend the olive branch of working together.”
 
Not every Republican, however, is displaying the preferred Republican message of restraint. Representative Mo Brooks, Republican of Alabama, has suggested that, depending on what exactly Mr. Obama undertakes, everything from impeachment to prison could be on the table. And Representative Steve King — an outspoken opponent of an immigration overhaul who headed to the southern border on Friday with Representative Michele Bachmann, Republican of Minnesota — said censuring the president or even shutting down the government were other possible options.
 
After Democrats and the White House blamed congressional Republicans for the 16-day government shutdown over the Affordable Care Act last year, Mr. King said, “The punishment for that apparently was 15 new seats in the House and winning the majority in the Senate, so I can handle that kind of punishment.”
 
Republicans are still trying to coalesce around the best way to cut off funding for Mr. Obama’s executive action without shutting down the government. With almost all of them departing town for the Thanksgiving recess, no final decisions will be made until they return.
 
But some options are already percolating. Representative Hal Rogers of Kentucky, the chairman of the House Appropriations Committee, has suggested passing a broad spending bill to fund the government by its Dec. 11 deadline, and then rescinding just the funds for the president's proposed action. Another option would be to pass most of the spending bill except for the funding for the agencies that handle immigration.
 
However, Citizenship and Immigration Services, the agency tasked with carrying out most of the president’s executive action, is not funded through the appropriations process and instead relies on the revenue it generates through fees attached to immigration applications.
 
Republicans are also eyeing the whole slate of the administration’s nominations as possible leverage, from ambassadors to high-ranking executive branch employees to judicial candidates. Loretta E. Lynch, the president’s pick to replace Eric H. Holder Jr. as attorney general, could be a prime candidate.
 
Congressional Democrats were largely united behind the president. Some said that they wished the executive action went further, but that they recognized the legal limits, and also realized that Mr. Obama’s announcement was just a first step. Any real change, they say, must come through congressional legislation.
 
“President Obama is doing what he can within his well-established constitutional authority, but nothing replaces Congress acting on comprehensive immigration reform,” Senator Harry Reid of Nevada, the majority leader, said in a statement Thursday evening. “So today, while I thank President Obama for his decisive action, I ask my Republican colleagues to put their partisan politics aside and focus their efforts on passing legislation that will permanently fix our broken immigration system. I will continue to fight until we make immigration reform a reality.”


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

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