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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, March 03, 2015

Boehner Pressed to Break Stalemate

Wall Street Journal
By Siobhan Hughes
March 2, 2015

With just days left for Republican congressional leaders to end a stalemate over homeland-security funding, House Speaker John Boehner (R., Ohio) is under increasing pressure to find a way to bridge differences in his caucus over how to push back against President Barack Obama ’s immigration policies.

Divisions among House Republicans were exposed last week when restive conservatives balked at a plan backed by Mr. Boehner to pass a three-week spending bill, which GOP leaders had hoped would give them time to negotiate with the Senate on funding the Department of Homeland Security, which oversees immigration activities.

A new Friday deadline provides five days for lawmakers to try to resolve GOP divisions over a fiscal 2015 homeland-security spending bill, which many conservatives want to use to stop Mr. Obama’s executive actions on immigration.

For several weeks, Democrats have blocked Senate GOP efforts to use the bill to prevent those executive actions from going into effect, but on Friday, the Senate passed a bill to fund the department without the immigration language, putting pressure on Mr. Boehner to go along.

The episode highlighted the continuing dilemma Mr. Boehner faces in managing the rambunctious House, where Republicans, though in the majority, are divided between hard-liners who believe the party’s 2014 electoral wins validated their positions and pragmatists who say that the GOP still doesn’t have enough votes to drive through its agenda. Mr. Boehner acknowledged the difficulties in an interview Sunday on CBS. “I’m not going to suggest it’s easy,” he said. “Because it’s not.”

The fight over immigration looms especially large because of what it portends for other big battles. Congress must vote on whether to raise the debt ceiling, which the U.S. will hit later this year, as well as on more immediate issues like avoiding a cut in payments to Medicare providers and replenishing the Highway Trust Fund, which is funded only through the end of May.

If Mr. Boehner sides with conservatives, he risks stalemates and shutdowns and undercuts the stated GOP goal of proving the party can govern. If he sides with GOP centrists, Mr. Boehner undercuts his own status as the Republican leader because any strategy based on support from the center also means relying on Democratic votes.

“He’s in a vise,” Rep. Steve Womack (R., Ark.) told reporters Friday night when it had become apparent Mr. Boehner’s original strategy had fallen apart. “You’ve got the speaker in the middle trying to appease people—that’s a hell of a position to be in. I just can’t imagine the frustration the speaker must have right now.”

Moreover, the centrists in his caucus have become more vocal in urging Republican leaders to back away from hardball tactics such as holding government funding hostage to get their way. “There’s an element within our party, there’s a wing within the Congress which is absolutely irresponsible,” Rep. Peter King (R., N.Y.) said Sunday on ABC. “They have no concept of reality. Listen, I am as opposed this immigration action as they are.”

Speaking on CNN Sunday, Rep. Charles Dent (R., Pa.) said “it makes no sense why anyone would want to go to war over this issue.”

“A spectacle has been created. What happened on Friday night, when the three week bill failed, that was a humiliation for the House Republicans,” he said.

Mr. Boehner has tried to play down the divisions, insisting that Republicans have an intraparty disagreement over tactics and not substance. He said that Friday’s events were “messy, and I’m not into messy.”

On the immigration issue, 52 members of Mr. Boehner’s own caucus abandoned him on the three-week plan, leaving him scrambling for an alternative, because Democrats also refused to support it.

The one-week reprieve, approved by both chambers in the final hours before a Feb. 27 deadline, gives him just days to chart a course through an increasingly narrow strait, and allowed the House to avoid the awkwardness of not having the Homeland Security Department funded during a Tuesday speech before Congress by Israeli Prime Minister Benjamin Netanyahu.

Meanwhile, Republicans hoped that they could use the time to rally voters to apply pressure on the Senate to include the immigration language. “Anybody who disagrees with the president’s illegal action on immigration like I do, light up the Senate switchboard,” Rep. Steve Scalise (R., La.), the House majority whip, said on Fox News. “Put the heat on Senate Democrats to stop blocking this.”

Rep. Jim Jordan (R., Ohio), a former wrestling coach who heads the House Freedom Caucus, which was formed earlier this year to push the party further toward the right, said Republicans needed to go to the mat with Democrats over immigration policy. “We need to make the case—we haven’t made the case long enough,” Mr. Jordan said.

But that tactic hasn’t worked so far, and Senate Minority Leader Harry Reid (D., Nev.) has vowed to block negotiations that House Republicans are seeking with the Senate, aiming to pressure the GOP to fund homeland security for the rest of the fiscal year.


He said that he and fellow conservatives weren’t trying to oust Mr. Boehner, telling CNN on Sunday “of course not—that’s not the point.” But he said that Republicans needed more time for their message that Mr. Obama’s immigration actions were unfair and violated the constitution to get through to voters.

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