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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 10, 2014

Republicans Urge Democrats Not to Push AG, Immigration in Lame Duck

Wall Street Journal (Washington Wire Blog)
By Laura Meckler
November 9, 2014

A member of the Senate GOP leadership said Sunday that Democrats’ handling of issues including the nomination of a new attorney general and immigration in the next few weeks will set the tone for the next Congress.
 
Sen. John Barrasso (R., Wyo.) said it would be a mistake for President Barack Obama to act on his own to change the immigration system. He said it would also a mistake for Democrats to try to confirm Loretta Lynch as the next attorney general during the year-end lame-duck session, when Democrats retain control of the Senate.
 
“What the president decides to do over the next two months sets the tone for the next two years,” Mr. Barrasso, chairman of the Senate Republican Policy Committee, said on Fox News Sunday.
 
On Saturday, Mr. Obama announced his selection of Mr. Lynch, the U.S. Attorney in Brooklyn, N.Y., to replace Attorney General Eric Holder. Mr. Obama noted on Saturday that she has twice been confirmed by the Senate to that post.
 
Mr. Obama’s action puts Democrats in a position to decide whether to push the nomination through the Senate while they control the body, as opposed to waiting until next year, when the new GOP-controlled Senate will take office. Mr. Barrasso said the Senate hasn’t confirmed an attorney general during a lame-duck, post-election period since 1906.
 
“The attorney general of the United States is a very consequential position,” Mr. Barrasso said. He added that he wants Mr. Obama’s nominee to answer questions about the legality of his planned executive action on immigration. Mr. Obama has said any actions he takes will be within the law.
 
“If we’re going to have an era of good faith here, we need to begin with the confirmation process for one of the most important jobs in the country, and that’s attorney general,” Rep. Shelley Moore Capito (R., W.Va.), who was just elected to the Senate, said on Fox.
 
The White House doesn’t appear to be pushing for a confirmation during the lame-duck session. “We defer to the Senate leadership and Judiciary Committee, but believe she should be confirmed as soon as possible,” a White House official said.
 
The immigration conflict will be far harder to resolve. Mr. Obama has vowed to act by year-end on changes to the immigration system, including ratcheting back on deportations. His move is expected to provide a temporary safe harbor for perhaps millions of people. Republicans are warning him that such a move will “poison the water” for cooperation over the next two years.
 
In an interview with CBS’ “Face the Nation,” Mr. Obama said has waited long enough for Congress. The Senate passed a bipartisan bill last year, but the House never took it up. Mr. Obama said he had warned House Speaker John Boehner (R., Ohio) this summer that he would act on his own if they continued to stall.
 
“For a year I stood back and let him work on this. He decided not to call the Senate bill and he couldn’t produce his own bill,” he said.
 
“I’m going to do what I can do through executive action. It’s not going to be everything that needs to get done. And it will take time to put that in place,” he said. “And in the interim, the minute they pass a bill that addresses the problems with immigration reform, I will sign it and it supercedes whatever actions I take.”
 
Republican Rep. Cory Gardner, just elected to the Senate from Colorado, said he hopes that Mr. Obama holds off on immigration, but declined to say what consequences would result if he goes ahead with executive action.
 
His response highlights the political peril of the issue for Republicans concerned about the growing Hispanic vote. Opposing Mr. Obama’s action without putting forth one of their own might cause problems for the GOP.
 

“I think the president will do the right thing when it comes to immigration reform,” Mr. Gardner said on ABC’s “This Week.” “And that is working with the House and the Senate instead of going around the House and the Senate.”

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