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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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Friday, May 08, 2015

Conservatives Fight Provision to Encourage Some Immigrants to Enlist

Wall Street Journal
By Kristina Peterson
May 7, 2015

Conservative House Republicans are fighting a provision in the annual defense policy bill that would encourage the Pentagon to allow some immigrants brought to the U.S. illegally as children to enlist in the military.

The language, added in committee to the annual defense authorization bill, could once again put immigration at the center of must-pass national security legislation in the House, and put its leaders in a difficult spot. Earlier this year conservatives attempted to use a homeland security spending measure to block President Barack Obama’s executive action that shielded millions of immigrants from deportation, but were forced to back down when it became clear they couldn’t prevail.

In this case, more than two dozen Republicans said in a letter to House Rules Committee Chairman Pete Sessions (R., Texas) this week that they will seek to remove the provision. The group, led by Rep. Mo Brooks (R., Ala.) said the amendment runs counter to previous House votes to end the president’s Deferred Action for Childhood Arrivals program, or DACA, which shelters many young people from deportation.

“Especially in this time of increased terrorism, our national security should not be threatened by allowing such controversial language on a program we have rejected three times as unconstitutional,” the GOP lawmakers wrote, warning that its inclusion “is a severe threat to the passage” of the defense bill.

Mr. Brooks said that if the Rules Committee doesn’t strike the amendment when it considers the bill, he would offer his own amendment removing the measure.

The amendment from Rep. Ruben Gallego (D., Ariz.) was approved 33-30 by the House Armed Services Committee last week with the support of the panel’s 27 Democrats and six Republicans. The panel’s chairman, Rep. Mac Thornberry (R., Texas), opposed the measure because he believes the issue should be considered in immigration legislation rather than a national security bill, said his spokesman, Claude Chafin.

Mr. Gallego, a Marine who served in Iraq, said the Defense Department can already enlist noncitizens when it is “vital to the national interest” and should not be held back by the long-stalled partisan fight over how to rewrite immigration laws.

“We shouldn’t let our broken immigration system stand in the way of our military’s recruitment goals,” Mr. Gallego said in remarks last week. “I fought in Iraq and I know that on the battlefield what matters isn’t whether you have the right papers, it’s whether you have the right skills and the right character.”

The six Republicans who supported Mr. Gallego’s amendment were Reps. Mike Coffman of Colorado, Chris Gibson of New York, Frank LoBiondo of New Jersey, Tom MacArthur of New Jersey, Martha McSally of Arizona and Ryan Zinke of Montana.

Last year in a related push, Rep. Jeff Denham (R., Calif.) attempted to offer an amendment to the defense policy bill letting people brought to the U.S. illegally as children gain legal permanent residence after serving in the military. But Rep. Eric Cantor (R., Va.), then the majority leader, indicated he wouldn’t allow a vote on the measure, in a rare example of House leaders publicly weighing in on an amendment decision.

Typically, the House Rules Committee’s chairman decides which amendments may receive votes on the House floor in consultation with House leaders and relevant committee chairmen. The House conservatives are seeking a floor amendment to remove the provision.

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

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