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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, June 04, 2015

House votes to block Justice Dept. in immigration legal fight

Politico
By Seung Min Kim
June 3, 2015

House Republicans just went after President Barack Obama’s executive actions on immigration – again.

The GOP-led chamber voted Wednesday to block the Justice Department from being able to defend itself in a legal battle that has put Obama’s sweeping and controversial immigration actions on hold. The measure, written by conservative immigration firebrand Rep. Steve King of Iowa, was an amendment to the overall funding bill for DOJ.

As he spoke about his measure, King noted that the House has voted multiple times to restrain Obama’s legal authority on immigration and dismissed the actions as “unconstitutional executive amnesty.” Obama’s directive was the epicenter of a battle over Homeland Security, pushing the department’s funding to the brink before Republicans capitulated on their demands to defund Obama’s actions.

“A lot of money has been spent and wasted in an attempt to … the gracious way to say it would be, to stretch the Constitution beyond any bounds that it had been stretched before,” King said on the House floor Wednesday as he defended his amendment.

As Wednesday’s vote showed, there is still some appetite from GOP lawmakers to fight Obama on the executive actions, although many Republicans would prefer the battle to play out in the courts. U.S. District Court Judge Andrew Hanen in February blocked Obama’s actions, which would protect more than 4 million immigrants here illegally — based on family ties and how long they’ve been in the United States -- from deportations and grant them work permits.

The Obama administration appealed that decision to the Fifth Circuit Court of Appeals, and also asked that court for an emergency stay of Hanen’s decision. The Fifth Circuit denied the administration’s request last month — keeping the executive actions on hold — and the Justice Department decided not to seek a stay at the Supreme Court.

Oral arguments at the Fifth Circuit in the underlying legal case are set for July 10.

Nineteen House Republicans sided with Democrats to reject King’s measure — a mix of GOP lawmakers who tend to come from moderate and Latino-heavy districts and who’ve repeatedly voted against measures from their party trying to override Obama’s actions.

The Republicans were: Mike Coffman of Colorado, Carlos Curbelo of Florida, Jeff Denham of California, Mario Diaz-Balart of Florida, Bob Dold of Illinois, Dan Donovan of New York, Chris Gibson of New York, Richard Hanna of New York, Joe Heck of Nevada, Bill Johnson of Ohio, David Jolly of Florida, John Katko of New York, Peter King of New York, Tom MacArthur of New Jersey, Martha McSally of Arizona, Devin Nunes of California, Ileana Ros-Lehtinen of Florida, Elise Stefanik of New York and David Valadao of California.


The underlying appropriations bill — which covers the Departments of Commerce and Justice, as well as NASA and the National Science Foundation — passed Wednesday evening on a 242-183 vote.

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

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