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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, October 08, 2015

Senate GOP plans contentious immigration vote

Politico
By Seung Min Kim
October 7, 2015

Senate Republicans are planning a vote on a controversial immigration bill later this month punishing so-called sanctuary cities that give safe harbor to immigrants in the U.S. illegally — months after authorities say an undocumented immigrant shot and killed a young woman on a San Francisco pier.

The legislation from Sen. David Vitter (R-La.) would target sanctuary cities — localities where local law enforcement officials decline to cooperate with federal immigration authorities — by withholding key federal grants and increasing prison sentences for those who try to re-enter the United States after being deported.

“That will be the comeback vote, in all likelihood, for after the next break,” Majority Whip John Cornyn of Texas, the second-ranking Senate Republican, said Wednesday. He was referring to the week of Oct. 19, after next week’s Senate recess. The vote would come days before Louisiana’s gubernatorial election on Oct. 24; Vitter, a candidate in that race, has been struggling in the campaign.

The sanctuary cities issue, which exploded in the public sphere after the July 1 death of Kate Steinle in San Francisco, had been kicked to the Senate Judiciary Committee, where Republicans struggled to come to a consensus on legislation. The suspect in the slaying, Juan Francisco Lopez Sanchez, had been deported from the United States five times before he returned and allegedly killed Steinle.

That month, Vitter repeatedly called for attaching sanctuary cities legislation to a sweeping rewrite of No Child Left Behind, a move that could have threatened the prospects of the largely bipartisan education reform bill. Vitter ultimately struck a deal with Senate GOP leaders to take up the immigration measure in the Judiciary Committee instead — a move that saved the education bill but became an unresolved headache for Judiciary Committee Republicans that has persisted for nearly three months because of intraparty rifts on the issue.

Many Republicans — including Texas Sen. Ted Cruz, who is running for the GOP presidential nomination — lobbied for a bill that would implement a mandatory minimum prison sentence of five years for an illegal reentry offense as a key part of the party’s response on sanctuary cities. Cruz had been highlighting his efforts to pass that provision on the campaign trail, which Republicans named “Kate’s Law” after Steinle.

But other GOP senators, including Mike Lee of Utah and Jeff Flake of Arizona, opposed that idea. The split increased the likelihood that a tough-on-illegal-immigration proposal would not be able to pass a Republican-led panel. The committee’s chairman, Chuck Grassley of Iowa, had to delay marking up the bill multiple times.

And some Republicans could also defect during the Senate floor battle. In an interview Wednesday, Flake — a longtime GOP advocate of comprehensive immigration reform — said he would oppose the sanctuary cities legislation on the floor if the mandatory minimum provisions weren’t “fixed.”

“I won’t vote for it unless there is some adjustment on the mandatory minimums,” Flake said.

Lee spokesman Conn Carroll said the senator would support at least starting debate on the bill, but “we are evaluating language and will consider whether and what amendments might be necessary at that time.”

According to Senate aides, Lee and Flake had been working on a deal on sanctuary cities legislation that would have applied the mandatory minimum to a smaller population of immigrants as the committee worked on the bill. But Cruz and Sen. Jeff Sessions (R-Ala.), both hard-liners on immigration, would not agree.

Because it looked unlikely that a bill could pass the Judiciary Committee, some GOP senators privately urged Majority Leader Mitch McConnell (R-Ky.) to bypass the panel and bring a sanctuary cities bill straight to the Senate floor. McConnell got the process going on that earlier Wednesday.

“It’s important that we, as a party, unify behind bringing it up and moving it forward,” Sessions said Wednesday of legislation targeting sanctuary cities.

The new legislation getting fast-tracked to the Senate floor includes the five-year mandatory minimum provision for immigrants here illegally who have been convicted of re-entering the United States after being convicted of an aggravated felony, or if they had illegally re-entered the country for a third time.

Republican backers of the new bill include Grassley, Cruz, Cornyn, and Sens. Pat Toomey of Pennsylvania, Ron Johnson of Wisconsin, Dan Sullivan of Alaska, David Perdue and Johnny Isakson of Georgia, John Barrasso of Wyoming and Marco Rubio of Florida.

Rubio, now vying for the Republican presidential nomination, was an author of the comprehensive immigration reform bill that passed the Senate in 2013 but was never taken up by the House. He has since distanced himself from that effort. Rubio has come under pressure recently from the conservative news outlet Breitbart for not yet sponsoring legislation to crack down on illegal immigration and sanctuary cities.


“Kate Steinle’s murder tragically exposed the dangers of an inconsistent and ineffectual immigration enforcement policy, which encourages flagrant violations of our laws,” Rubio said in a statement Wednesday. “We need to fix our broken immigration system, but we can’t do it as long as the belief persists that our immigration laws can be violated without any consequences.”

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