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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 11, 2015

Paul Ryan Seeks to Bar Obama From Tweaking Immigration, Climate-Change Law

Wall Street Journal
By William Mauldin
June 10, 2015

Rep. Paul Ryan (R., Wis.) is seeking to prevent President Barack Obama from using trade agreements to make changes to U.S. laws on immigration and climate change, a move aimed at reassuring conservatives wary of voting to give Mr. Obama special trade authority.

Some Republicans, led by Sen. Jeff Sessions (R., Ala.), are warning that Mr. Obama could use so-called fast track legislation—which would expedite a sweeping Pacific trade agreement—not only to lift not trade barriers but also to ease the movement of people and workers.  Other Republicans are concerned about the Obama administration’s recent negotiations on climate change and efforts to change environmental rules without the participation of Congress.

Sen. Elizabeth Warren (D., Mass.) has even warned that a future president could use the six-year fast track legislation, also known as trade promotion authority, to expedite the passage of a trade agreement that could roll back rules on Wall Street.

Many officials, Republican leaders and trade experts dismiss these concerns as far-fetched, pointing out that Congress still gets a vote on the final trade agreement, although without the ability to amend or tie up the deal in procedural limbo.

Still, Republican leaders are seeking to address broad concerns among House conservatives who don’t trust Mr. Obama to negotiate internationally, even under the guidelines set through fast track.

So Mr. Ryan inserted language in a separate customs bill that would in turn amend fast track to prevent changes to climate or immigration laws via trade agreements.

“It’s just making sure that if the administration wants to go down a path of seeking legislative changes in climate or immigration, they can’t do it through trade agreements,” Mr. Ryan told a hearing of the House Rules Committee on Wednesday.

House Republicans put the changes in the customs bill because they want to pass a version of fast track that’s identical to the one passed last month by the Senate. GOP leaders have scheduled a vote on fast track for Friday. Dozens of House Republicans are expected to join the vast majority of Democrats in opposing fast track.

The new climate language would make it an overall negotiating objective “to ensure that trade agreements do not require changes to U.S. law or obligate the United States with respect to global warming or climate change.”

“House Republicans are using the Customs bill as a vehicle to further in TPA their rigid ideological agenda,” said Rep. Sander Levin of Michigan, the top Democrat on Mr. Ryan’s Ways and Means Committee. “They also strike any form of meaningful action against currency manipulation and weaken trade enforcement provisions.”

Environmental groups aren’t happy with the changes. “The president should start by telling Republican leadership and the public that the provision in the customs amendment is unacceptable,” said Luísa Abbott Galvão of Friends of the Earth. “President Obama cannot credibly claim that trade deals will force other countries to raise their environmental standards if he allows the same deals to secure a pass for the U.S. to keep dumping carbon into the planet’s atmosphere.”


Mr. Ryan’s changes may be more symbolic than binding. Even if the changes to the negotiating objectives are signed into law, lawmakers say a president could still choose to insert climate and immigration rules into a trade agreement and enact them through fast track, if Congress signed off at the end. A spokesman said Mr. Ryan is committed to removing a trade agreement from fast track consideration if it contains changes to immigration law.

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