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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 21, 2018

Trump Says Congress Must Fix Immigration. Here’s What Congress Is Proposing

Wall Street Journal
By Natalie Andrews
June 20, 2018

Lawmakers this week are drafting several plans to address immigration. Two are broad measures that Republican leaders aim to bring for a vote in the House of Representatives. In addition, conservative Republican leader Rep. Mark Meadows of North Carolina said he planned to introduce a standalone bill to prevent the separation of migrant children from their parents at the border. “Hopefully it provides a path forward if the other two bills that we have don’t go anywhere,” Mr. Meadows said in an interview with Fox News.

In the Senate, lawmakers are mulling at least three proposals that aim to stop the separation of migrant children from their parents.

Proposals remain in flux but here is how they currently compare:

The Border Security and Immigration Reform Act of 2018

This broad piece of immigration legislation, being drafted by House Republican leaders with the support of both GOP centrists and conservatives, would include measures that:

Permit young immigrants brought to the country illegally as children, often called Dreamers, to apply for a six-year, indefinitely renewable contingent nonimmigrant legal status. After six years, 78,400 green cards would be issued to this population each year under a merit-based system that would prioritize those with a college education, proficiency in English, military service and continuous employment.

Allocate $25 billion for border security and to build a wall on the southern border. If funding is rescinded, the visas provided to Dreamers could be rescinded.

Eliminate the diversity visa lottery system. The visa process would change to a more merit-based system.

Raise the standard for granting asylum, and require a determination that it is “more probable than not” that the asylum seeker’s statements are true.

Require the Department of Homeland Security to house families together while parents are going through criminal proceedings for the misdemeanor of first-time illegal border crossing.

Eliminate the 20-day cap on DHS administrative custody for accompanied children, meaning families will be kept together in the custody of DHS throughout the length of the proceedings.

Allow DHS to build family residential centers as part of the $7 billion of border technology funding included in the bill.

Sources: House GOP aide and a draft of the legislative text

Democrats say this legislation holds Dreamers “hostage” to the border wall because funding must be secured over several years for the young immigrants to get visas.

Members of the Congressional Black Caucus object to the elimination of the diversity visa lottery system because about half of the recipients of the program come from Africa.

Bill filed by Rep. Bob Goodlatte (R., Va.)

Another piece of broad legislation, supported by conservative lawmakers who take a hard line on immigration, would include measures that:

Grant three-year, renewable legal status to Dreamers.

Authorize $25 billion to for border security, to build a wall on the southern border, to invest in new technology, and to improve, modernize and expand ports of entry.

Eliminate the diversity visa lottery program.

Change family immigration so that immigrants can’t sponsor parents.
Source: legislative text

Democrats and some moderate Republicans object to the lack of a pathway to citizenship for Dreamers.

Lawmakers also object to a provision in the bill that allows the Justice Department to withhold grants from “sanctuary cities”—jurisdictions that don’t obligate law-enforcement officers to cooperate with federal immigration authorities.

The Equal Protection of Unaccompanied Minors Act

This narrower bill, being written by Rep. Mark Meadows, chairman of the influential conservative bloc known as the House Freedom Caucus, aims to prevent the separation of migrant children from their parents at the border and increase the requirements for asylum. It would:

Allow children to stay with parents during detention.

Stipulate that unaccompanied minors apprehended at the border from both contiguous and noncontiguous countries be returned to their home country (unless the child has a legitimate asylum claim).
Raise the standard for granting asylum.
Source: Meadows aide

“Keep Families Together Act”

All 49 members of the Senate Democratic caucus have signed on to this bill, introduced by California Sen. Dianne Feinstein, that prohibits separation of parents and children as a deterrent to crossing the border. The bill would:

Prohibit DHS officials from separating children from their parents, unless the child is in danger.

Prohibit law-enforcement agencies from removing children from their parent or legal guardian at or near the port of entry or within 100 miles of the U.S. border.

Ban using child separation to deter families from crossing the border.

Require DHS to develop policies and procedures allowing parents and children to locate each other and reunite if they have been separated.
Source: Text of bill and Feinstein aide

Bill being written by Sen. John Cornyn (R., Texas)

Also in the Senate, Texas Republican Sen. John Cornyn said he hopes this week to introduce legislation that would:

Allow families to stay together in detention facilities during court proceedings.

Promote the expedited consideration of detained families by immigration judges.

Source: Sen. John Cornyn

Protect Kids and Parents Act

Another bill being written by Texas Republican Sen. Ted Cruz would:

Double the number of federal immigration judges to handle cases faster.

Create new temporary shelters for families so children are kept with parents, unless there is a threat of harm to the child.

Require asylum cases to be reviewed within 14 days.

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

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