Immigration Fight with Obama Risks Republican Unity

Tensions are mounting on Capitol Hill, and it’s not the usual bickering between Republicans and Democrats. 

On Thursday, the Senate for the third time rejected a House-passed bill to block President Obama’s executive order that protects nearly five million illegal immigrants from deportation as part of new spending authority for the Department of Homeland Security (DHS).

Related: DHS Funding Hits Obama’s Immigration Wall 

The vote was 52 to 47, or eight votes shy of the super majority needed to begin debate and eventually pass the legislation. The bill has gone down by a similar margin twice before.

The $40 billion DHS spending bill approved by the House directly challenges Obama, who angered Republicans with immigration orders circumventing their authority. Besides his move last November to limit the deportation of illegal immigrants, the president also blocked deporting some illegal immigrants brought here as children – the so-called “dreamers.”

Conservative House Republicans can’t fathom why Senate GOP Majority Leader Mitch McConnell (R-KY) isn’t delivering the 60 votes to pass the measure. Some Senate Republicans are also baffled by House lawmakers who aren’t grasping Senate realities.  

Rep. Michael Burgess (R-TX) told Politico this week that conservative voters are counting on the GOP majority in the Senate to deliver. “We sent them a bill and they need to pass it,” said Burgess, unwilling to acknowledge McConnell’s challenge. Sen. Bob Corker (R-TN) rolled his eyes and told reporters, “To pass a bill over here it takes 60 votes. Unless we can figure out some way of multiplying, it seems to me we have an issue that is very difficult to deal with.”

After their landslide November victory, gleeful GOP leaders saw an opportunity to push their agenda and pressure Obama. With 247 of 435 seats in the House and 54 of 100 seats in the Senate, Republicans hold their largest majority since 1929.

Related: GOP Could Give Obama’s Immigration Plan a Free Pass  

But while House Republicans can pretty much pass legislation at will, Senate Republicans are six votes short of the 60-vote super majority needed in most cases to achieve cloture and pass legislation. And with the Democrats largely united behind many Obama policies – especially on immigration reform – GOP leaders must woo at least a few Democrats on every major vote.

Senate Republicans enlisted Democratic support recently in passing a bill authorizing construction of the Keystone pipeline. They did it again earlier this week in unanimously passing a bill to provide suicide prevention programs to veterans. The immigration issue is another matter.

“These are expected, natural tensions that are going to happen with a new Republican Senate,” said political analyst Ron Bonjean, a former House GOP communications adviser. “They can try and show House Republicans they’re at their best, but there will be times when they’re not going to be able to attract Democrats to their measures.”

He added, “It’s a learning experience for many newer Republicans and some conservative members. It’s not necessarily going to be the Congress they dreamed of. There are going to be problems.”

Related: Voters Know What We Should Do on Immigration

Senate Minority Leader Harry Reid (D-NV), meanwhile, back at work after eye surgery, stood with McConnell on the Senate floor yesterday vowing to continue to block any DHS spending measure laden with obstructions to Obama’s immigration policies. Reid invoked recent terrorist attacks abroad in his warning. 

Congress late last year granted the DHS only a short-term extension on its funding, due to run out Feb. 27. Most employees essential to national security would keep working without pay, though DHS Secretary Jeh Johnson has warned of disruptions and risks.

“If you want to debate immigration, go ahead and debate immigration,” Reid told McConnell. “But not on the back of homeland security, leaving us totally naked and not giving us the ability to do what needs to be done to protect our homeland.”

McConnell voiced frustration that Democrats are denying the Senate a chance to vote on a bill that would keep DHS operating through next Sept. 30 – albeit with language to torpedo Obama’s immigration reforms. The president has vowed to veto such a bill, which would trigger a crisis and partially close the department.   

“There is a bipartisan desire to fund [DHS]. I’m sure we’ll resolve this sometime in the next few weeks,” McConnell said.

Related: Jeb Bush: Denying Dreamers Accelerated Citizenship Is ‘Ridiculous’ 

Ironically, for years as majority leader, Reid complained the GOP minority thwarted action on Democratic priorities and presidential nominations. Now, it’s McConnell complaining that Democrats are impeding key legislation.

The Republicans’ timing in threatening a DHS funding showdown couldn’t be worse. Many lawmakers are incensed and jittery about terrorist threats. Some Senate GOP leaders including John Thune of South Dakota and Corker, chair of the Foreign Relations Committee, have been signaling the GOP will have to cave and pass a “clean” appropriations bill with no controversial immigration language. 

House Speaker John Boehner (R-OH) sympathized with McConnell’s dilemma yesterday and said, “He’s got a tough job over there. I’ve got a tough job over here. God bless him, good luck.”

But he hinted House Republicans would be less than forgiving if the Senate folds and gives Obama what he wants. “The House fought this fight,” said Boehner. “We won. Now it’s time for Senate Democrats to work with Senate Republicans to stop the president.”

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Immigration personnel protest restrictions at Naia

MANILA, Philippines–The areas accessible to immigration, customs and quarantine personnel at the Ninoy Aquino International Airport (Naia) just got smaller in the effort of the Manila International Airport Authority (MIAA) to beef up security at all four terminals.

This prompted Bureau of Immigration Airport Operations Division head Julius Cortez to write MIAA General Manager Jose Angel Honrado and ask him to extend the reach of immigration personnel at the terminals, citing immigration laws that allow them to board planes to do their job.

“I respectfully recommend that our access zone be extended to the green ramp zone as stated in the Philippine Immigration Act of 1940 that says immigration inspectors can go aboard and search for aliens on any vessel or other conveyance. Thus, access to most airport areas is necessary,” Cortez said in the letter.

Under a new policy, the airport access pass issued to immigration officers this month limited them to the immigration area or red zone.

Special flights and chartered flight crew members and passengers are to be processed only inside the terminals. Immigration officers are not allowed to perform final document inspections beyond the final X-ray check at the departure areas in all four Naia terminals, including the domestic building.

Honrado explained in a phone interview that it was not just immigration personnel whose movements were being restricted.

“This is the policy even for other airport personnel. Why would they be in an area where they don’t have business in?” Honrado said.

The new measure also confines customs and quarantine personnel to their work areas.

Defending the measure, Honrado said each immigration unit at the Naia was given “on-duty passes” that extend their access to areas at the airport “in cases when they need to.”

“We found a solution to that by giving them on-duty passes. But not all of them can go beyond their access pass,” he said.

Recently, security at the MIAA was breached when undocumented overseas Filipino workers were able to sneak past immigration counters and unauthorized persons got past airport security by wearing fake IDs and passes.

On Nov. 7 last year, airport police arrested a man attempting to climb into a wheel well of a Japan-bound jetliner about to take off.

The month before, an MIAA employee was found to have escorted four illegal workers to the Naia Terminal 1 departure area and given them airport business passes. The four were able to bypass the departure process and board their flights.

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The Agonizing Odyssey of Two People Kept Apart by Immigration Laws

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Immigration repeal halted in US Senate amid funding fight

Washington (AFP) – US Senate Democrats blocked a controversial bill Tuesday that would fund homeland security but derail President Barack Obama’s immigration plan, plunging Congress into an impasse as a funding deadline looms.

In December, lawmakers funded all federal departments through the end of fiscal year 2015 except for the Department of Homeland Security, which it funded only through February 27 so the new Republican-controlled Congress could put brakes on Obama’s plan to shield millions of undocumented workers from deportation.

But Senate Democrats united to block the bill from advancing in their chamber, arguing they do not want to see the $40 billion in critical funding held hostage to to political brinkmanship.

“We are happy to debate homeland security, but not with a gun to our head or to the president’s head,” Democratic Senator Chuck Schumer said shortly after the vote.

The battle over DHS funding has become one of the most turbulent congressional debates of 2015, with Republicans irate over what they describe as presidential overreach, and most Democrats lining up behind Obama, who has threatened to veto the legislation.

Last month, the House passed the bill funding DHS through September, but attached five riders that would strip Obama’s authority to carry out his executive action on immigration.

Blocking the bill’s advancement forces lawmakers to craft a compromise in barely three weeks, pass a “clean” DHS funding bill, or see parts of the department that oversees border security, cyberterrorism prevention and the US Secret Service which protects the president go into partial shutdown.

Democrats oppose the bill’s “poison pill” immigration inserts, and insist on passing a straightforward DHS funding bill.

“If my colleagues want to fix our broken immigration system, we are happy to have a debate,” Democratic Senate Minority Leader Harry Reid said of Republicans.

“But we should not put our national security at risk in the meantime.”

Senate Majority Leader Mitch McConnell acknowledged the vote was largely about challenging Democrats and their support for the president while he “repeatedly reached beyond his authority.”

He called Democratic opposition to the bill an “absurd position” that jeopardizes funding for vital security programs.

McConnell in the end voted against the measure for procedural reasons, but one Republican, Dean Heller, joined Democrats in opposition.

Senator John McCain said he and fellow Republicans were weighing options for the path forward.

“I’m not sure exactly what I’d support, but I do not support shutting down DHS,” he told reporters.

“This is going to be a real moving target here for the next week or so… but the object must be not to shut down the government.”

Obama on Monday visited DHS, where he urged Republicans not to play chicken over federal spending.

He warned that failure to fund DHS would mean paychecks halt for 40,000 border patrol agents, 50,000 airport screeners and 13,000 immigration officers.

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Immigration rules shouldn't separate parents and children, experts say

Immigration experts say couples applying for permanent residency shouldn’t have to choose between coming to Canada on their own or staying in their home country with their newborn — so long as proper immigration procedures are followed.

“We always tell people: ‘Don’t allow your immigration status to influence your family planning,’” says David LeBlanc, a managing director and senior counsel at Ferreira-Wells Immigration Services.

However, once a woman gives birth to a child, the couple must report that to Citizenship and Immigration Canada, he says. It is the same for any important change in family status.

There have been a number of stories recently about immigrant parents being separated from an infant due to Canadian immigration policies.

Immigration consultants say the problem is more common than you might think. But at the same time it is not typical for immigration officials to force permanent residents to choose between Canada or their newborn.

Samah and Ahmed Aboushady — permanent residents who live in Ontario with their two daughters — have been fighting with Citizenship and Immigration Canada to bring their baby boy into the country from Cairo. Samah gave birth to Adam in the U.K., after the couple officially became permanent residents. 

But when CIC rejected a visitor’s visa for Adam, the parents had to either continue living outside of Canada and forfeit their permanent residency or leave Adam behind until the paperwork could be sorted out. That is what they did, leaving Adam  in Cairo with his grandparents for most of the past year.

However, Bhavna Bajaj, the mother, says the couple was told they had broken the law by not revealing they had a child in India. Their application to sponsor their child on humanitarian and compassionate grounds was rejected.In a similar case in late 2014, an Indian couple with permanent resident status moved to Canada, leaving their three-year-old son behind. They thought they could sponsor him after their arrival.

Births must be disclosed

A birth or any change in family structure, additional work experience or education, or a change in a person’s medical condition should be automatically disclosed to the relevant overseas embassy and CIC if the individual’s case is in process, says Dory Jade, the president of the Canadian Association of Professional Immigrant Consultants. 

“Until you get to the point of entry, anything should be disclosed — anything,” he says.

In the Bajaj case, the couple say an immigration consultant advised them to sponsor their son after they arrived in Canada, which is why they did not disclose the birth to immigration officials.​​

Jade says there are “many cases like this” and that it is “common” for applicants to wait to disclose all their dependants until after they’ve received permanent residency and have arrived in Canada. Unregistered immigration consultants sometimes inform applicants that it’s OK to sponsor an undisclosed child after arriving here.

However, the Canadian government views this as misrepresentation, regardless of whether the applicant concealed information intentionally or by mistake.

Applicants found guilty of misrepresentation under section 40 of Canada’s Immigration and Refugee Protection Act can be banned from Canada for two years.

Unregistered consultants ‘don’t follow any law’

CIC does not require applicants to work with an immigration consultant. But, Jade and LeBlanc say it’s important to work with a registered one to have recourse if anything goes awry.

Unregistered consultants “don’t follow any law. They can tell you anything,” says Jade.

If a consultant is registered with the Immigration Consultants of Canada Regulatory Council, then applicants who received misinformation can file a complaint. With unregistered consultants that option doesn’t exist. 

It can also be risky to apply without any help. When people attempt to apply on their own, they can be unaware of proper procedures and timelines, says LeBlanc.

“If they make any mistakes, CIC will usually not be very helpful,” he says. “We’ve had families come to us that are just absolutely devastated at the possibility of being separated from a young baby.”

His firm has helped a number of families avoid being separated like Bajaj and the Aboushadys. 

They helped a young Canadian in Kenya, who was attempting to sponsor his wife and register their newborn for Canadian citizenship.

They had him also apply to sponsor the child because citizenship often takes longer to be granted, which could have left the child alone in Kenya after the mother was granted permanent residency.

In situations like the Aboushadys, the firm will push hard for special consideration from the embassy’s program manager or secretary of immigration, who supervise the visa program.

“That’s often the case where the visa office really should just issue a visitor visa immediately to facilitate that family returning,” he says.

Officers have discretion

Both experts are confounded by the Aboushadys’ situation. CIC rejected the baby’s visitor visa in July of last year. Recently, the family was told their application to sponsor Adam’s permanent residency was “incomplete.”

LeBlanc calls the initial visitor’s visa rejection “gross.” While Jade says the decision seems “weird” and shows “a lack of judgment from the officer.”

Adam should be granted a visitor’s visa on humanitarian and compassionate grounds, they both say.

“Discretion can be used,” says Jade. “It’s just a visa, you know.”

LeBlanc agrees. He says no changes to CIC’s system are necessary, but officers should be alert to humanitarian and compassionate circumstances.

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Leading Immigration Attorney Kevin R. McNamara Joins Mintz Levin

BOSTON–(BUSINESS WIRE)–

Kevin R. McNamara, a leading immigration attorney, has joined the Immigration Practice of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. Mr. McNamara will be based in the firm’s Boston office.

Prior to joining Mintz Levin, Mr. McNamara was a partner at McElroy, Deutsch, Mulvaney & Carpenter, LLP.

“Kevin has a well-earned reputation of being one of the finest immigration attorneys in Boston,” said Susan J. Cohen, Chair of Mintz Levin’s Immigration practice. “His experience working with some of the region’s premier universities and research institutions, as well as companies across a wide spectrum of industries, will be a great addition to the talented group of attorneys in our immigration practice. We are delighted to welcome Kevin to the firm.”

With 20-plus years of experience in immigration and nationality law, Mr. McNamara’s practice is focused on employment-based immigration matters. His clients range from major corporations and institutions to individuals, including scientists, technology professionals, academics, artists, athletes, and entrepreneurs. Mr. McNamara has served as immigration counsel to schools, universities, and research institutions as well as companies in the high-tech, pharmaceutical, biomedical, engineering, and financial services industries.

Mr. McNamara is a longtime member of the American Immigrations Lawyers Association, having served as the Chair of the AILA New England Chapter. He has been named an honorary Member of the Association of Fellows and Legal Scholars of the Center for International Legal Studies and a Massachusetts “Super Lawyer” in immigration.

For more information about Mintz Levin, please visit www.mintz.com.

Contact:
Mintz Levin
GINA ADDIS, (617) 348-4413
gaddis@mintz.com

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Immigration Street run shortened








Derby Road in SouthamptonFilming took place last year in the Bevois area of Southampton


Channel 4 has shortened its new TV series Immigration Street after filming was disrupted by local residents.

The station originally commissioned six episodes of the Benefits Street spin-off but now says the series will be “shorter than initially planned”.

Attempts to film on Southampton’s Derby Road last year were met with protests.

“While there were residents… who wanted to share their stories, other elements on the street were determined to hinder filming,” a spokesman said.

“Because of the disruption this caused, Immigration Street will now be shorter than the initially planned six episodes.”

The programme will be “transmitted in the next few weeks”, the spokesman confirmed.

“Despite objections from some local groups, immigration is too important an issue for debate about it to be silenced,” the station’s representative went on.


Derby Road in SouthamptonSome members of the production crew were egged during filming

The announcement followed a protest on Saturday that saw Southampton residents demonstrate outside Channel 4′s headquarters in London.

Derby Road residents have raised concerns that the show – produced for Channel 4, like the controversial Benefits Street, by independent outfit Love Productions – will stigmatise the area.

When it announced the series, Channel 4 said it would “capture life on a street in Southampton where the mix of residents has been transformed over time and continues to evolve as a result of immigration.

“Cameras will follow the lives of some of the residents of Derby Road in the Bevois district of the city… an ethnically diverse street where the majority of residents were not born in the UK.”

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Asians slower to seek immigration protection

LOS ANGELES (AP) — Asians have been slower to sign up for President Barack Obama’s reprieve for young immigrants in the country illegally, and community advocates are ramping up efforts to reach thousands more who are eligible for his expanded immigration plan.

Many advocates have blamed the paltry turnout among young Asian immigrants for the administration’s 2012 program on the stigma of being in the country illegally in their communities, where many feel lacking proper immigration papers is culturally shunned.

Now, advocates worry Obama’s new program for the parents of American citizens and legal residents will be an even tougher sell as older generations of Asian immigrants are already working and supporting their families and may be even more reluctant to reveal their immigration status to friends and neighbors, let alone the federal government.

“There is this model minority myth that Asians are supposed to be successful immigrants,” said Anoop Prasad, senior staff attorney at Asian Law Caucus in San Francisco. “What does it say about you if you say: ‘Actually, I am having a lot of problems. I am not making it like everyone else in America thinks we should be?’”

Roughly 5 million immigrants are expected to qualify for Obama’s plans to give work permits and temporary protection from deportation to the parents of U.S. citizens and legal residents and many immigrants brought to the country illegally as children. While most applicants are expected to be Hispanic, nearly half a million of those who qualify are Asian, according to the Washington-based Pew Research Center.

But Asian immigrants have been less apt to apply for the government’s 2012 immigration program than their Latin American counterparts. As of last year, more than 60 percent of eligible Mexicans and Hondurans had signed up for the program, but only about a quarter of eligible Koreans and Filipinos had done so, according to the Migration Policy Institute in Washington.

Knowing the challenges, Asian community advocates have ramped up efforts to reach immigrants and to do so in a private, more personal way.

On a Chinese-language flier for a recent workshop, advocates stressed one-on-one consultations would be offered in a bid to draw immigrants who may not want to disclose their immigration status in a room full of strangers.

Translation is being offered in a spate of languages to cater to elders who probably speak less English than their American-raised children. And instead of using the Internet to reach applicants, community organizations are turning to ethnic newspapers.

“Asian youth tend to go more toward social media and Facebook. We’re actually trying to see if we can get more ads in the paper,” said Tiffany Panlilio, a legal advocate at Asian Americans Advancing Justice in Los Angeles.

But even with these efforts, some experts question whether more Asians will come forward and apply.

Tom Wong, a professor of political science at University of California, San Diego, said Asian immigrants may not fear as acutely the threat of deportation since the most of the people who are deported are Hispanic.

“It may be the case the incentive structure does not favor Asian undocumented immigrants when it comes to applying for these temporary programs,” he said.

Wong also said older immigrants who already have jobs may be less likely to seek temporary work authorization, especially if they are already working under a false name or Social Security number, fearing they could get in trouble with their employer.

Young Asians who applied for Obama’s 2012 reprieve said they were well aware of the generational divide.

Do Hee Lee, a 21-year-old college student in Maryland, said her Korean parents were nervous about her signing up for the program, but the alternative was worse: going to college in Korea and being separated from her family for years.

Seth Ronquillo, a 22-year-old community health advocate in California, said he felt he had nothing to lose when he applied since he had virtually no hope of putting his college degree to use upon graduation because of his immigration status.

His mother, however, was another story. Ronquillo said she sometimes still questions whether he could be at greater risk for deportation since outing himself to the government, especially if Obama’s successor takes a tougher stance on illegal immigration.

“I can only imagine other immigrant parents have the same mentality,” Ronquillo said.

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Immigration suspends Bestinet’s biometric health checks and visa services

AirAsia co-pilot at controls when plane crashed

The French co-pilot was at the controls of an AirAsia plane before it crashed into the sea last month after flying through an area of towering clouds, killing all 162 people on board, investigators said Thursday. The announcement came as fishermen found two more bodies from the crash in waters off Sulawesi island in central Indonesia, around 1,000 kilometres (600 miles) from where the plane crashed, a search and rescue official said. On Thursday, Indonesia’s National Transportation Safety Committee, which has been analysing the plane’s black boxes, said that prior to the crash, the aircraft had climbed fast in an area packed with huge storm clouds, and the stall alarms started going off. They also revealed that the Airbus A320-200′s less experienced French co-pilot, Remi Plesel, was flying the plane before it went down, rather than Captain Iriyanto, a former fighter pilot who had around 20,000 hours of flying time.

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Immigration Reform Debate 2015: Obama Executive Actions Fight Shouldn't Be Tied To Homeland Security Funding, Ex-DHS …


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