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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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Wednesday, January 17, 2018

Feinstein questions DHS secretary on Trump's 'racially motivated' immigration policies

The Hill
By Jonathan Easley
January 16, 2018

Sen. Dianne Feinstein (D-Calif.) said Tuesday that she’s afraid the Trump administration’s decisions to end protected status for immigrants from countries that have suffered natural disasters might be “racially motivated.”

In her opening remarks at a Senate Judiciary Committee hearing, Feinstein said President Trump’s remarks last week that Haiti, El Salvador and some African nations are “shithole countries” has led her to question whether race is driving the administration’s immigration policies.

“In light of the reports about the president’s recent comments, I hope you’re ready to specifically address one issue in particular and that’s the termination of Temporary Protected Status, TPS, for Haitians,” Feinstein said to Homeland Security Secretary Kirstjen Nielsen.

“In light of the president’s comments, I’m forced to question whether the decision to terminate protected status for Haitian nationals was in fact racially motivated. I hope not.”

Last year, Trump ended Temporary Protected Status for Haitians, who had been protected from the threat of deportation following a devastating 2010 earthquake.

More recently, the administration ended the same protected status for more than 260,000 immigrants from El Salvador, a designation that had been granted following a 2001 earthquake.

In a meeting with lawmakers on immigration last week, Trump reportedly said that the U.S. should be looking to take in immigrants from prosperous countries, like Norway, rather than “shithole countries.”

Democrats have called Trump’s alleged remarks racist.

Nielsen on Tuesday defended ending TPS for El Salvador, saying the program was never meant to be permanent.

“The law does not allow me to look at the country conditions writ large,” Nielsen said. “It requires me to look very specifically as to whether the country conditions from the original designation continue to exist. In this case, the 2001 [earthquake] in El Salvador, we didn’t dispute the country conditions are difficult, but the law requires me, if I cannot say the conditions emanating … still exist, regardless of other systemic conditions, I must terminate TPS.”

Nielsen acknowledged that there is a human element that makes the decision to end the program difficult and said that Congress should look at making changes to the law.

“I think we should take a look at it, absolutely,” Nielsen said. “This was meant to be a temporary status. The difficulty with that is when people are here for 20 plus years, like with El Salvador, they have roots, they’re contributing to society and making the economy strong so yes, we do need to look at this and find a better way to come up with a permanent solution.”

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