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Beverly Hills, California, United States
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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Friday, June 01, 2018

Save 'DREAMers' from Donald Trump's legal limbo

USA Today (Editorial)
May 29, 2018

For the past several weeks, House Republican leaders have been in a panic over the possibility that something terrible and embarrassing might occur: A bipartisan majority could force a vote on a measure that would protect “DREAMers” and give them a path to legal status.

Perish the thought.

To be sure, this effort might come to naught. Even if at least 218 House members sign what’s known as a discharge petition, the DREAM Act would need a supermajority of 60 votes in the Senate and would likely face a veto from President Trump. Nonetheless, the effort demonstrates that the DREAMers, people brought here unlawfully as children, deserve to be treated as more than a bargaining chip.

In an effort to get more leverage for his border wall and immigration restrictions, Trump reversed an executive order signed by President Obama that had shielded 800,000 DREAMers from deportation. Beyond those who had come under Obama’s order, the total population of people who could meet the definition of DREAMers is thought to be about 3.6 million.

Before getting into the merits of legislation directed at DREAMers, let’s pause for a moment to praise the discharge petition campaign, which appears likely to garner the necessary 218 signatures. As of Tuesday, it had 213.

For one brief moment, at least the U.S. House of Representatives might actually be governed by majority rule instead of majority party rule. This would happen because Republicans in swing districts — particularly in states such as California, Florida and New York with large DREAMer populations — are joining with Democrats to solve a problem.

Discharge petitions are not, as House Speaker Paul Ryan has said, destabilizing. The Fair Labor Standards Act, which created the first federal minimum wage in 1938, was brought up for debate using a discharge petition. Conservative and centrist lawmakers used the discharge petition frequently during the 40 years, from 1955 to 1995, when Democrats had a hammerlock majority in the House.

That the strategy is being used to the benefit of DREAMers makes it all the better. Most of them have few connections to their old country. Some don’t even remember it. They have been in this country for many years, have been educated in American schools, are fluent in English, and have become integral to their communities and to the overall workforce. With the unemployment rate below 4%, it makes little sense to exile them to places they hardly know.

Ultimately, Congress should pass a comprehensive immigration package that combines sensible border security initiatives with a path to legal status for many of the 11 million undocumented workers thought to be in this country.

In the meantime, the DREAMers linger in legal limbo. Harnessing the power of well-educated young workers who are American in most respects would be a boon to the economy. It would also be a sign that, on rare occasions, lawmakers can stand up for what’s right, even if their leaders try to stand in the way.

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

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