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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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Monday, September 28, 2015

Politics and Philosophy Clash Where the Pope Urges an Embrace of Refugees

New York Times
By Patrick Healy
September 26, 2015

Pope Francis challenged Americans last week to accept “the stranger in our midst” and reject a “mind-set of hostility” toward newcomers. But his invocation of the millions of Syrian and other Middle East refugees, a relatively small number of whom have been resettled in the United States, has been met with indifference or resistance by many in the 2016 presidential field.

Some leading Republicans, including Donald J. Trump and Ben Carson, said after the pontiff’s remarks that they continued to oppose accepting refugees in America, a stand that pleases many conservative voters who are suspicious of Muslims. Most of Mr. Trump and Mr. Carson’s rival candidates have mainly used the Syrian crisis as the pretext for attacks over President Obama’s strategy against the Islamic State, also known as ISIS or ISIL.

Democratic contenders have argued that the chaotic diaspora into Europe calls for an American response — but have offered only modest proposals.

The implicit question in Francis’ message — what kind of nation does America want to be? — is clashing with the practical realities of current domestic politics, as the presidential candidates court an electorate that is exhausted by global conflicts, divided on the issue of immigration, emotionally scarred by acts of terrorism and far more concerned about wage stagnation. The prospect of taking in 10,000 Syrians next year, as the Obama administration recently proposed, may be the sort of humanitarian goal that Francis was urging, but it does not reflect the inward-looking mood of many Americans.

Republican candidates have been striving for months to channel the grievances of voters who feel angry or alienated, and as Mr. Trump’s rise in the polls shows, he has unquestionably done this best. At a recent rally in New Hampshire, he allowed an audience member to excoriate Muslims and assert that Mr. Obama was one, then switched his position on Syrian refugees from taking some in (“You have to,” he said on Sept. 8) to rejecting them all.

In an interview Friday, Mr. Trump held fast. “With all due respect, the pope didn’t change my mind,” he said.

“I have a big heart, but we as a country need to say, ‘We have to get our own act together,’ ” he added. “We cannot take the chance that thousands of ISIS militants will sneak in among the migrants. The last thing we need is a big surprise, which we’ve had before. We can’t even create a website that works for Obamacare. How are we supposed to screen undocumented Syrians?”

While Hillary Rodham Clinton has accused Mr. Trump of preying on “paranoia and prejudice” among voters, neither she nor other leading candidates have proposed detailed plans to deal with the humanitarian and security crises in Syria and the region.

The focus so far has been on numerical goals for Syrian resettlement in the United States and the need for rigorous screening to block potential terrorists.

Some candidates have also framed the subject as a test of national character — while opponents of accepting Syrians see it instead as a test of national fortitude.

Mrs. Clinton, Senator Bernie Sanders of Vermont and former Gov. Martin O’Malley of Maryland each favor admitting 65,000 Syrians to the United States next year — or more in the case of Mr. O’Malley, who has been the most outspoken on Syria as he tries to gain traction in the Democratic nomination fight. The Democrats argue that America has a moral obligation to take in people in need and help Europe manage the worst refugee crisis since World War II.

Some Republicans share that philosophy, including former Gov. Jeb Bush of Florida and Senator Lindsey Graham of South Carolina. In an interview after the pope’s address to Congress on Thursday, Mr. Graham said he would support the Obama administration’s plan to accept 10,000 next year with a sufficient screening process.

If the United States fails to act, Mr. Graham said early this month, “we should take the Statue of Liberty and tear it down.”

Mr. Bush has not said how many people he would accept, nor has Senator Marco Rubio of Florida or Gov. John Kasich of Ohio, though they have indicated they would take in some. All four Republicans have pledged to do more to address a cause of the crisis by defeating Islamic State militants.

Even the 65,000 people whom Democrats want to resettle in the United States would make little difference for the roughly four million Syrians already displaced from their country, refugee and human rights groups say.

“We’re falling short of our values as a nation if our presidential candidates can’t come forward with comprehensive plans for a tragedy that is playing out daily,” said Eva A. Millona, the executive director of the Massachusetts Immigrant and Refugee Advocacy Coalition. “We’ve had so many phone calls from people here in Newton, Lexington, Arlington who would lead by opening their homes to Syrian families. This is a moment of truth for candidates to show how they would lead as well.”

For Mr. Trump and several other Republicans seeking support from hard-line conservative voters, national security concerns take precedence in weighing whether to admit migrants and refugees.

Mr. Trump has suggested creating “safe zones” in Syria that could be protected with American air power, an idea that Mr. Graham also supports. Three other Republican presidential candidates — Mr. Carson, Senator Ted Cruz of Texas and former Gov. Mike Huckabee of Arkansas — have endorsed humanitarian assistance, but have focused more on warning that the United States lacks a vetting process to weed out terrorists. (The current screening process typically takes 18 to 24 months.)

“We could be inviting some of the most violent and vicious people on Earth to come right in here and live among our families,” Mr. Huckabee, a Baptist preacher, said in a radio interview after Francis said Thursday that “we must not be taken aback by their numbers, but rather view them as persons.”

The pope’s admonitions collide with the fears of many Americans about terrorism and the government’s ability to keep out dangerous foreigners like the two Iraqi refugees in Kentucky who pleaded guilty in 2012 to charges that they tried to send weapons and money to Al Qaeda’s affiliate in Iraq.

“I think Ted Cruz has real intellectual integrity about keeping the country safe and being very careful about letting in Syrians and other people, and Trump is right to focus on safety, too,” said Holly St. Peter of North Hampton, N.H., who attended Mr. Trump’s recent rally.

Anxiety over infiltration by terrorists crosses party lines. President Obama’s director of national intelligence, James R. Clapper, said this month that the possibility that Islamic State operatives could sneak into the country among refugees was “a huge concern of ours.”

Yet the screening system for migrants and refugees is aggressive, administration officials say, with only about 1,400 Syrians accepted into the United States over the last two years.

Mr. Obama has proposed taking in 10,000 Syrian migrants in 2016 and, separately, increasing the cap on the number of worldwide refugees accepted each year by the United States to 100,000, from 70,000. Refugees are people who are escaping persecution and can offer proof, while migrants may be leaving home for economic reasons.

Mr. Graham, a hawk on many national security matters, said he believed vetting systems were crucial but rarely perfect. “The risk of doing nothing is greater than taking vetted people,” he added, emphasizing the need to take pressure off Jordan, Lebanon and other neighbors of Syria — as well as European allies — by absorbing more of the displaced.


“A year from now, if we don’t stop the complete unraveling of Syria, this crisis will look so much worse,” he said. “What happens when the neighboring countries begin to collapse? What happens when other countries become overwhelmed with Syrian refugees and their own people are at risk? There’s no good end to this if we don’t act.”

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