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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, March 07, 2019

Homeland Chief Defends Trump’s Declaration of Border Emergency

By Louise Radnofsky and Joshua Jamerson

WASHINGTON—Homeland Security Secretary Kirstjen Nielsen told Congress Wednesday that the U.S. faces a “real, serious and sustained crisis at our borders” and defended President Trump’s declaration of a national emergency to obtain more funds for border barriers.

In the House Homeland Security committee, the majority Democrats questioned her about her advice to Mr. Trump on his national emergency declaration and the administration’s broader immigration policy.

“This is not a manufactured crisis. This is truly an emergency,” said Ms. Nielsen. Apparently responding to accusations by Democrats that Mr. Trump’s declaration was unwarranted, Ms. Nielsen said the flood of migrant families at the border threatened to overwhelm the immigration system.

U.S. Customs and Border Protection, a unit of the Department of Homeland Security, said Tuesday that arrests of Central American families crossing into the U.S. illegally in the past five months had exceeded the total number for the previous fiscal year. Commissioner Kevin McAleenan said that their medical needs, arrival in remote areas of the southwest border region and pursuit of asylum claims were pushing the system to the breaking point.

Ms. Nielsen faced questions about the Trump administration’s previous “zero-tolerance” policy of prosecuting adults seeking unauthorized entry at the border with children, resulting in their separation.

Rep. Kathleen Rice (D., N.Y.) probed whether Ms. Nielsen knew that the policy implemented last year by then-Attorney General Jeff Sessions would lead to the separation of children.

“As a consequence for a parent going to jail, we in this country do not take the children to jail,” Ms. Nielsen said, acknowledging later than three children have died this year in DHS custody including a stillborn infant.

The answer didn’t satisfy Democrats, who have vowed to continue probing how the administration conceived of and carried out the policy since taking control of the House in January.

President Trump has declared a national emergency to fund a barrier at the border with Mexico. But what constitutes a national emergency and how will the funding work? Jason Bellini reports. Photo: Getty

Mr. Trump declared a national emergency seeking to divert additional funds for extending physical barriers by up to 234 miles along the 2,000 mile border.

In all, the president aims to draw roughly $6.7 billion for barriers from military and other sources, without the approval of Congress.

The Democratic-controlled House of Representatives has voted to block the declaration; the Republican-controlled Senate is likely to follow course. Mr. Trump is then expected to issue a veto of their measure, his first. His efforts to divert border-wall funds face legal challenges as well.

House Homeland Security Committee Chairman Bennie Thompson (D., Miss.) described the emergency as nonexistent on Wednesday and threatened to use his subpoena power to obtain documents related to the separation of families at the border, among other issues, and said he expected DHS to begin providing requested documents within a week.

Rep. Mike Rogers (R., Ala.), the top Republican on the panel, defended the Trump administration’s efforts. “We have to stop the flow of illegal immigrants and community-destroying drugs across our southwest border.”

The administration recently started returning a small number of asylum applicants to Mexico to wait for their cases to be decided in U.S. immigration courts. The administration has said the effort will be expanded in the coming weeks to other border crossings, as well as to asylum seekers arriving between ports of entry.

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

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