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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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Thursday, May 07, 2015

Hillary Clinton Puts White House in Awkward Position on Immigration

New York Times
By Peter Baker
May 6, 2015

When President Obama issued an executive order in November sparing millions of illegal immigrants from deportation and offering them work permits, he argued that he was doing as much as the law would allow. Now Hillary Rodham Clinton says she will do even more if she becomes president.

Her campaign promise put the White House in an awkward position on Wednesday. If Mr. Obama had pushed presidential legal authority as far as it would go, does that mean that Mrs. Clinton would be violating the law if she were to go further?

“I’m not a judge,” said Josh Earnest, the White House press secretary, sidestepping an overt split between the two Democrats. “I didn’t go to law school. So I’m not going to be in a position to render a legal opinion.”

The situation underscored the challenge facing Mr. Obama over the next 18 months as Mrs. Clinton tries to succeed him. Mrs. Clinton is courting immigration activists and liberals who argue that Mr. Obama should have gone further to ease immigration rules without Congress’s approval. Republicans contend he went too far, abusing his power, and a federal judge has temporarily blocked the president’s action to consider whether it is legal.

Mr. Earnest labored to stand by Mr. Obama’s interpretation of his executive power, as determined by a Justice Department opinion, without arguing that Mrs. Clinton was wrong.

He said the White House still “absolutely” believed that the president did everything he could within the law. “The president’s views on this have not changed,” Mr. Earnest said. “The president is determined to use as much of his authority as he could to try to bring some much-needed accountability to our broken immigration system.”


Would it be illegal for Mrs. Clinton to take action that went beyond what the Justice Department said a president could do? “That’ll be something for future presidents, and ultimately future courts, to decide,” Mr. Earnest said.

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