Texas Urges U.S. Judge to Delay Obama Immigration Shift

Federal immigration officials will be
breaking the law if they carry out President Barack Obama’s
executive order to let at least 4 million undocumented
immigrants stay in the country, attorneys for Texas argued as
they urged a U.S. judge to block the policy now while he decides
whether it’s legal.

Texas, joined by half the states, asked U.S. District Judge
Andrew Hanen at a hearing today in Brownsville to block Obama’s
immigration policy until they’ve had a chance to fully challenge
it in court. Hanen didn’t issue a ruling.

“The president does not get to decide what the law is,”
Andrew Oldham, an attorney for Texas, told Hanen at the hearing.

Obama’s Nov. 20 order grants quasi-legal status to more
than a third of the estimated 11 million undocumented immigrants
already in the U.S. Undocumented immigrants must have been in
the country for more than five years or have a child who is a
U.S. citizen, or have been brought here themselves as children,
to qualify for U.S. work permits and be protected from
deportation under the new policy. They must also pass a criminal
background check.

Today’s hearing follows the Jan. 14 vote in the Republican-led U.S. House of Representatives to slash funding for the
immigration programs at the heart of Obama’s policy.

Suspend Laws?

At issue in court is whether the president can
“unilaterally suspend federal immigration laws,” create a
“massive” bureaucracy and hand out millions of dollars in
benefits, and then insulate that decision from review “by any
court at any time by calling it executive action,” Oldham said.
“States representing half of this country say he cannot.”

A dozen more U.S. states, in court papers filed last week,
urged Hanen, whose courthouse is less than a mile from the
Mexican border, to reject attacks on the president’s immigration
order. States backing Obama say the policy will benefit the
economy, law enforcement and immigrant families.

Texas filed its case at the state’s southernmost tip, where
issues concerning illegal immigration have dominated headlines
for more than a year. Brownsville has a front-row seat to the
“humanitarian crisis” that has swept more than 1,000
undocumented immigrants a day -– many of them unaccompanied
children — across its border in the past year, according to the
states’ complaint.

Better Life

“We’re where the rubber meets the road,” Hanen told
lawyers today. “Within a few miles of this courthouse, there
are probably thousands of illegal aliens doing nothing more than
trying to make a better life for their families.”

Unless Hanen blocks them, immigration officials will soon
begin processing paperwork to protect certain immigrants from
deportation and provide them with temporary work permits and
some federal benefits including Social Security and Medicare, a
process the states say will be tough to stop once it starts.

“Granting an injunction would preserve the status quo,”
Oldham said. “And give 25 states a day in court” before the
policy takes effect, he added.

Texas, which sued the Obama administration on Dec. 3, seeks
to overturn the president’s policy, which was made without
approval of Congress. The states say Obama violated the
Constitution and lacks authority to grant federal benefits to
people who enter the country illegally.

Broad Discretion

U.S. lawyers today urged Hanen to deny the states’ bid,
arguing that the federal government has broad discretion under
the Constitution to “prioritize enforcement resources.”

“The purpose of this policy is to continue to focus on our
priorities, which are to stop border crossings and remove
threats to our nation,” Kathleen Hartnett, a Justice Department
lawyer, told Hanen.

Congress ordered immigration officials to prioritize the
removal of criminals and recent immigrants who lacked family
ties but didn’t provide the Department of Homeland Security with
sufficient funding to do so, Hartnett said. By shifting away
from “low-priority aliens,” Homeland Security can spend more
on catching dangerous immigrants and those without family ties
to the U.S., she said.

The Obama administration also said in court papers that
judges lack authority to decide whether the president abused his
power by changing immigration policies without Congress’s
approval. Under a 1985 Supreme Court ruling, “An agency’s
decision not to exercise its enforcement authority, or to
exercise it in a particular way, is presumed to be immune from
judicial review,” White House lawyers said.

Harry Truman

The states say judges may review any presidential action to
ensure the balance of power is preserved. The last president to
unilaterally suspend the law during an emergency situation was
Harry Truman, and the Supreme Court blocked executive orders he
issued during a steelworkers’ labor dispute in 1952, the states
said.

More than 1,000 undocumented immigrants, many of them
unaccompanied children, have been crossing the border every day
into Texas, according to the states’ complaint. The states fear
an even larger wave of immigrants will try to enter the U.S.
illegally on the mistaken belief Obama’s new policy will let
them stay, according to the complaint.

“This policy only applies to people who have been here
since 2012,” Hartnett told Hanen. There shouldn’t be an influx
of new immigrants “on the expectation of receiving deferred
action because they will be turned away,” she said.

Oldham said the policy will likely spark a surge of new
arrivals who’ll be encouraged by earlier U.S. policies that were
expanded after being initially restricted to undocumented
immigrants who’d been in the U.S for a long time.

“This is the second time they’ve done it in two years,”
Oldham said, referring to Obama’s 2012 program to protect some
undocumented children from deportation. “People think: They’ve
done it twice in two years. Maybe they’ll do it again in 2016.”

The case is Texas v. U.S., 1:14-00254, U.S. District Court,
Southern District of Texas (Brownsville).

To contact the reporter on this story:
Laurel Calkins in Brownsville, Texas at
lcalkins@bloomberg.net

To contact the editors responsible for this story:
Michael Hytha at
mhytha@bloomberg.net
David Glovin

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House GOP blocks Obama immigration plan, but there's an asterisk

House Republicans vented their anger at President Obama Wednesday by denying him the funds he needs to carry out his executive immigration action.

But will that be the epitaph for immigration reform during the Obama years?

To hardliners like Rep. Steve King (R) of Iowa, yes. But a more moderate group of Republicans still sees a glimmer of hope for moving forward on immigration reform – not as a single, comprehensive bill but on smaller pieces that could get bipartisan support.

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The template for that would be December’s vote to fund most of the federal government through September, said Rep. Tom Cole (R) of Oklahoma. The bill passed with the support of roughly two-thirds of Republicans and one-third of Democrats, sidelining dozens of hard-line conservatives.

“That’s the only formula that’s really going to work in this situation,” says Representative Cole, a close ally of the speaker, in an interview with the Monitor. Ditto for any other major reforms that Congress might tackle in the next two years, he adds.

It might not work. An attempt by House Speaker John Boehner (R) of Ohio to move immigration reform forward last year never even got past the discussion stage. But the situation might be different this time. Not only can House Republicans count on the GOP-controlled Senate as an ally, but Republicans’ need to woo Hispanic voters ahead of the 2016 presidential elections could shift the political calculus.

“John Boehner has made no secret of the fact that he wants us to attack this problem,” Cole says, but first, “you’ve got to let him play out his hand.”

That meant moving forward with the effort Wednesday by House Republicans to block funding for Mr. Obama’s executive action, which was attached to a funding bill for the Department of Homeland Security. It now moves to the GOP-controlled Senate but it is highly unlikely to survive a Democratic filibuster there. The White House also has threatened a veto.

The House’s move “is primarily a reaction to the president, whom we think is overreaching, and we’re going to have this fight,” Cole says.

But his eye is already on areas of potential agreement among some Republicans, Democrats, and the White House, such as better border security, more high-tech visas, as well as a seasonal program for agricultural workers, which especially affects Republican districts.

“It behooves us to follow with some other things that we know Democrats and the president can accept,” he says.

Representative King, one of the most conservative members of the House, dismisses such talk. Obama’s November executive action to defer deportation for millions of undocumented immigrants showed that “the president has proven he’s less trustworthy than before. So … there isn’t much merit in the idea of going down a path and thinking that we can do something to improve immigration policy when we have a president who thinks he’s the king of America,” he told a small group of reporters on Tuesday.

Immigration reform, he said, will have to wait for another president.

Cole doesn’t deny the anger over Obama’s actions, which is widespread. But he says that things have changed since last January, when Boehner failed to persuade House Republicans to back a set of “principles” on immigration reform due to lack of trust in the president and concern about the mid-term elections.

House Republicans also were worried that the Democratic-led Senate would take any bill they passed and try to turn it into the comprehensive reform bill the Senate passed in 2013.

“The fear was always that if you got into that [and sent House bills over to the Senate], you’d see the full Senate bill attached, and kicked back to us. So the decision was made not to go ahead,” Cole says.

That concern is now gone.

The upcoming presidential election has also altered the landscape. Presidential elections tend to draw far more Democratic voters than midterms do, making Republican senators – and the Republican presidential candidate – vulnerable. Appealing to Hispanic voters, who traditionally lean Democratic, through immigration reform might be one way to undercut that advantage.

If moving ahead means following December’s budget-vote formula, one key pro-immigration reform Democrat is all for it. When asked whether the budget model might work for immigration reform, Rep. Luis Gutierrez (D) of Illinois, said “absolutely it is possible.” Despite his admittedly “harsh” language on reform, he said he – and the president – are still willing to listen to Republican ideas.

“I’m willing. We are all waiting,” he said, pointing to the many concessions he made as a member of a House “gang of eight” who tried to hammer out a bipartisan compromise.

For his part, House Judiciary Chairman Bob Goodlatte (R) of Virginia is in no hurry. He told reporters at a Monitor Breakfast that immigration would be “a very hot topic” at a two-day retreat for House and Senate Republicans in Hershey, Pa., that begins Wednesday. And while he says his committee is reviewing and revising the immigration bills passed in the last Congress, he won’t be rushed.

“For the committee, I think it’s most important for us to stay focused on getting it done right, rather than getting it done under any particular timeline, or for any political purpose, because this is going to endure well beyond 2016.”

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House votes to undo Obama immigration actions

WASHINGTON (AP) — Shunning a White House veto threat and opposition within their own party, House Republicans approved legislation Wednesday to overturn President Barack Obama’s key immigration policies and expose hundreds of thousands of younger immigrants to expulsion from the U.S.

The 236-191 vote came on a broad bill that would provide $39.7 billion to finance the Homeland Security Department through the rest of the budget year, legislation that lawmakers of both parties said was sorely needed to pay for counterterrorism, cybersecurity and other priorities at a moment when the Paris terror attacks have underscored dire threats.

Democrats accused Republicans of putting that money at risk by attaching veto-bait amendments on immigration, and some Republicans voiced the same concern. But House GOP leaders and most of their rank and file accused Obama in turn of reckless and unconstitutional actions on immigration that had to be answered.

“This executive overreach is an affront to the rule of law and to the Constitution itself,” said House Speaker John Boehner of Ohio. “The people made clear that they wanted more accountability from this president, and by our votes here today we will heed their will and we will keep our oath to protect and defend the Constitution.”

But Rep. Linda Sanchez, D-Calif., who chairs the Congressional Hispanic Caucus, said the Republicans were simply pandering to the far right.

“Shame on Republicans for attacking the Latino community,” Sanchez said. “Republicans are consciously targeting millions of families who work hard, contribute to our communities and are just trying to give their children a chance at the American dream.”

One of the immigration amendments, approved 237-190, would undo executive actions that Obama announced in November to provide temporary deportation relief and work permits to some 4 million immigrants in the country illegally, mostly people who have children who are citizens or legal permanent residents. The amendment also would cancel earlier directives to immigration agents aimed at giving them discretion in focusing deportations on criminals.

A second amendment would delete Obama’s 2012 policy that’s granted work permits and stays of deportation to more than 600,000 immigrants who arrived in the U.S. illegally as children under age 16. That measure passed narrowly, 218-209, as 26 of the more moderate Republicans, some representing large Hispanic populations, joined Democrats in opposition.

The underlying bill passed on a mostly party line vote, with 10 Republicans voting “no” and two Democrats voting “yes.”

But even with Republicans in control of the Senate, the bill faces tough sledding there. Republicans are six votes shy of the 60-vote majority needed to advance most legislation, and some GOP senators have argued that the Homeland Security bill shouldn’t be the vehicle for a contentious debate on immigration.

Within the House GOP, too, there’s frustration from some centrist lawmakers that two weeks into a new session of Congress, with a bigger party majority in the House, the most conservative lawmakers are still calling the shots, successfully pushing leaders for a vote to undo the 2012 policy dealing with younger immigrants known as “Dreamers.”

“If we were just specifically dealing with the November overreach of the president, you’d have Democrats who’d be voting with us on that piece of it but we’ve gone well beyond that,” said Rep. Jeff Denham, R-Calif. “We’re passing a bill for political reasons, a bill that has no ability to pass the Senate.”

Before leaving town for a two-day retreat in Hershey, Pennsylvania, Republicans also steered the House to approval of legislation to ease the landmark Dodd-Frank law, which aimed to rein in banks and Wall Street. The new legislation would give U.S. banks two extra years to ensure that their holdings of certain complex and risky securities don’t put them out of compliance with a new banking rule. The Dodd-Frank changes, approved 271-154, also face an Obama veto threat.

Given the growing importance of Latino voters, Wednesday’s immigration votes could end up raising questions in the 2016 presidential election for the eventual GOP nominee. Potential candidates weren’t touching the issue Wednesday. Requests for comments from former Florida Gov. Jeb Bush and former GOP nominee Mitt Romney went unanswered. At an event in Manchester, New Hampshire, Sen. Rand Paul of Kentucky refused to say if he would back his House colleagues’ efforts.

Democrats, on the other hand, were eager to weigh in.

Rep. Luis Gutierrez of Illinois warned Republicans they were igniting “the mobilization of an immigrant community throughout this nation that will be the death knell to the future of your party.”

Wednesday’s votes were set in motion late last year, after Obama infuriated Republicans by announcing executive moves on immigration not long after the GOP swept the midterm elections. Republicans passed full-year spending bills for most of the government but kept the Homeland Security Department on a short leash in order to revisit the issue when they would be in full control of Congress.

Yet given Obama’s veto pen and Senate rules granting significant rights to the minority party, it’s not clear that the GOP has much more leverage now than it did before. House and Senate Republican leaders have ruled out a government shutdown or any disruption to Homeland Security funding, so it appears likely that once the House bill is rejected by the Senate or vetoed by the president, the House will have to accept a version with less contentious language on immigration.

Current Homeland Security funding expires at the end of February, so House leaders have given themselves more than a month to find a solution. It’s expected to be a topic of debate at the Hershey retreat.

___

Associated Press writers Alan Fram, Connie Cass and Marcy Gordon in Washington, Steve Peoples in San Diego, Michael Mishak in Miami and Kathleen Ronayne in Manchester, New Hampshire, contributed to this report.

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A Risky Immigration Vote for the GOP

It’s easy to forget now, but it was just under a year ago that House Republican leaders presented their principles for immigration reform to their members, in the hope that the one-page document would lead, finally, to a bill the party could support. The entreaty failed, succumbing to election-year fears and a deep distrust of President Obama by rank-and-file members. But the mere release of the principles was significant in putting the historically conservative House leadership on record, for the first time, supporting legal status for undocumented immigrants and even citizenship for many of the so-called Dreamer children.

By Wednesday, however, House Republicans had done, in the description of Representative Luis Gutierrez, an about-face on immigration. In a series of votes on a spending bill for the Department of Homeland Security, the GOP majority moved to block all funding for the president’s executive actions on immigration. Going even further, Republicans voted to stop Obama’s three-year-old Deferred Action for Childhood Arrivals program, effectively calling for the deportation of kids brought to the U.S. illegally by their parents.

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“What happened to that principle? You just gave it up?” Gutierrez, the Democratic reform advocate, asked in a floor speech. “It doesn’t mean anything to you anymore? You don’t care about children?” Democrats also assailed the GOP for making the immigration fight on a security bill just a week after the terrorist attacks in Paris.


See also

Republicans Plot an Immigration Fight


Republicans didn’t even talk much about immigration; instead, they turned to the Constitution, castigating Obama for abusing his authority when he went around Congress to reshape the system on his own. When Boehner gave his speech, he read aloud the 22 times the president himself had said he didn’t have the power to do what he eventually did. (“I am not king. I cannot do these things by myself,” the speaker quoted Obama, in one example from 2011.)

No issue in recent years has illustrated the difficulty Boehner has had in steering his party like immigration. As he likes to remind people, he voiced support for broad reforms on the day after Obama won reelection in 2012. And indeed, the whole point—politically at least—for the Republican establishment’s push to work with the president on immigration in 2013 was to avoid exactly this scenario: a vote that Democrats could spin as anti-immigrant just as the 2016 presidential campaign is getting underway. But at times, Boehner sounded like the reluctant parent disciplining an unruly child. “We do not take this action lightly,” he said, “but quite simply, there is no alternative.” The speaker praised lawmakers who were working to fix the broken immigration system—”especially,” he added, “since I am one of them.”

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“We do not take this action lightly, but quite simply, there is no alternative.”

Republicans do have a point in criticizing Obama for reversing himself on the question of whether he had the legal authority to make such significant changes through executive action. But rather than limit themselves to reversing the moves he made last fall, the leadership added an amendment blocking the DACA program that more than 600,000 people have already signed up for. Even some Republicans balked at that measure, which passed narrowly despite defections from 26 moderates. And the conservative bent to the legislation means it has no chance of getting through the Republican-led Senate, much less being signed into law by the president.

Boehner’s aggressive move may or may not help sooth the conservatives who tried to force him from office last week. But as attention turns to the 2016 campaign and the daunting electoral math for Republicans, what peril will it bring his party?

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This article was originally published at http://www.theatlantic.com/politics/archive/2015/01/House-Republicans-Vote-to-Block-Obama-on-Immigration/384513/

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Swiss seek to avert EU immigration clash with 'safeguard' clause

By Katharina Bart

ZURICH (Reuters) – The Swiss government hopes to negotiate for a right to cap immigration from the European Union so as to keep its access to EU markets when it writes into law a popular vote requiring strict limits on migration.

The referendum passed narrowly almost a year ago despite vehement opposition from the government and from the Swiss banks, drugmakers and other industries that rely heavily on skilled workers from the EU.

This handed the government the problem of how to manage immigration through quotas without angering Brussels, which has said any curb on the influx of EU workers would violate treaties that give Switzerland access to EU markets.

Berne diplomats are now exploring adding a “safeguard clause” that would let Switzerland cap immigration from the EU once certain levels were hit, according to two sources familiar with the matter who declined to be named.

Curbs would be imposed when immigration tops a number that is linked to average immigration in the European Union, but also allows for outliers.

Foreigners made up almost 24 percent of the Swiss population at the end of 2013, one of the highest proportions in any Western economy, up from below 15 percent 30 years ago. Net immigration is about 1 percent a year, about twice that of Germany.

The proposal is meant to reassure Swiss voters that a perceived siege by foreign workers will be tackled, while persuading the EU that one of its fundamental principles, free movement of labor, has not been compromised.

Although Switzerland is not in the EU, it has in effect accepted those principles in exchange for market access.

The government’s proposal has gained support from the business establishment, but will be hard to sell to the right-wing Swiss People’s Party (SVP), which launched the referendum.

“We want a bill that adheres to the constitutional change, and it doesn’t seem that adding a safeguard clause would do so. It does not set quotas or give priority to Swiss residents,” Silvia Baer, deputy secretary of the SVP, told Reuters on Wednesday.

The EU said it would not take a view until it received an official proposal. Two diplomats familiar with the matter said it would be very hard for the bloc, currently dealing with its own pressures to limit internal migration, to stomach the safeguard clause.

Other proposals for responding to the referendum have ranged from re-running it in the hope of reversing the narrow “Yes” vote to taking a hard line and risking breaking the treaties.

(Reporting By Katharina Bart. Additional reporting by Barbara Lewis in Brussels; Editing by Kevin Liffey)

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Goodlatte on immigration: Congress should take Obama to court

House Republicans on Wednesday used their power of the purse to deny funds for President Obama’s “overreach” on immigration – but it is a doomed effort, sure to face a presidential veto, if it even gets that far. And so the next step must be for Congress to challenge the president’s executive immigration action in court, according to a key lawmaker.

If the House effort “doesn’t work out” in the end, then “Congress itself should bring its own litigation because of the separation of powers argument,” said Rep. Bob Goodlatte (R) of Virginia, at a Monitor breakfast on Wednesday. He is chairman of the House Judiciary Committee, which, in the last Congress, passed several immigration reform bills that were never brought to the floor for a vote.

Congressman Goodlatte was speaking before House Republicans passed a funding measure for the Department of Homeland Security through the fiscal year, along with several amendments that Democrats and the president consider to be “poison pills.”

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The amendments say funds can’t be used to implement the president’s executive action in November to defer deportation for millions of undocumented immigrants, including an amendment that effectively ends the deportation deferral program for certain children of undocumented workers – so-called “dreamers.” 

The package now moves to the GOP-controlled Senate, where Democrats, despite being in the minority, can still block it through filibuster, denying Republicans the 60 votes needed to send the measure to the White House. 

Goodlatte said that immigration will be a “very hot topic” at a joint Republican House and Senate two-day retreat that begins later on Wednesday in Hershey, Pa. The first priority, he said, is to stop the president’s executive overreach on immigration.

“We expect to work very collaboratively with the Senate to see what way that this new Senate can help to challenge a president who is exceeding his authority,” Goodlatte said. 

A slew of state attorneys general have joined in a lawsuit against the administration over his executive action on immigration, but Goodlatte said that the states’ standing and judicial theories are different from those of the House or the House and Senate together.

Still, he said that “no decision” has been made about a potential congressional legal challenge to the president’s immigration moves.

As for actual immigration reform, he said that his committee and the House Committee on Homeland Security are reviewing and revising step-by-step immigration reform bills passed by their committees during the last Congress. They will be “reintroduced and I hope acted upon in this Congress.”

The order would be first bills related to enforcement – such as dealing with the problem of overstaying visas, and then legislation to reform legal immigration, including visas for high tech workers.

The status of the 11 or so million undocumented workers already in the United States “is worthy of addressing,” he said. “But it has to be held back because of the fact that there is not trust on the part of the American people on the enforcement of our laws.”

Goodlatte made it quite clear that his No. 1 priority is to challenge the president’s executive action. His committee will continue to work on reform bills, but the lack of trust in the president to enforce the law and his November executive action have “complicated this considerably.”

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House Republicans vote to block Obama's immigration actions

House Republicans voted Wednesday to block President Obama’s immigration plans and end an existing program that has deferred deportation for 500,000 young immigrants called “dreamers,” attaching the restrictions to a must-pass funding bill for the Department of Homeland Security.

The 236-191 vote was seen as an aggressive attack on Obama’s immigration policies that risks temporarily shutting down the DHS. But the legislation’s prospects in the Senate are uncertain because even some conservatives are queasy about using the Homeland Security Department as leverage in the immigration battle.

Tensions rose as the package was swiftly approved after a long and heated floor debate. Democrats blasted the GOP as anti-immigrant, but Republicans argued they were acting on behalf of American voters who wanted them to rein in presidential overreach.

Both sides acknowledged the end game could shutter the Homeland Security Department because the immigration restrictions were attached to the department’s $39.7-billion annual funding bill, essentially daring Obama to veto the package if it passes the Senate. Funding for the department runs out next month.

“The president’s overreach is an affront to the rule of law and the Constitution itself,” said Speaker John A. Boehner in a closing speech on the House floor. “Well, enough is enough. When we said this would not stand, we meant it.”

Ten Republicans opposed their party’s effort, most of them preferring a more measured approach on immigration. Two Democrats joined Republicans in voting for the package, but most condemned it.

“Not funding DHS is dumb and dangerous,” said Rep. Zoe Lofgren (D-San Jose), who has been a champion for immigration reforms and argued the Republican package “would break apart families.”

Obama has threatened to veto the House bill, leaving it little chance of becoming law.

On Wednesday, administration officials blasted Republicans for creating a standoff that was undermining security at the border and elsewhere, while threatening to send long-standing border enforcement policy into disarray.

Domestic Policy Advisor Director Cecilia Munoz argued that House bill left law enforcement with no way to prioritize deportations for the millions of people in the country illegally.

“You’re not distinguishing between people among the 11 million who were brought here as children and have grown up in this country and have known no other country and people who have been convicted of serious crimes,” she said. “They are equally subject to deportation according to the vote that the House took today which just doesn’t make any sense from a long-term perspective.”

Munoz would not say whether the White House would accept some smaller tweaks to the president’s action as part of a compromise.

“There’s a long way to go in this process,” she said. “But obviously the priority of this administration is to fund the department and there’s no reason to tinker with executive actions at all.”

The White House said the stopgap measure in place already was holding up implementing recommended upgrades to White House security, as well as the availability of Federal Emergency Management Agency grants.

U.S. Customs and Border Protection Commissioner R. Gil Kerlikowske argued that the temporary budget made it difficult to maintain and repair the technology used at the border.

“If we’re going to be effective … we not only need that budget, we needed to have an immigration system that was broken fixed. And that’s what the president’s actions do,” Kerlikowske said.

Homeland Security Secretary Jeh Johnson has warned Congress not to turn his department into a “political football” at a time when the nation remains on alert following the terrorist attacks in Paris.

But rank-and-file House Republicans, who pressured their leaders for a bold response after Obama announced his actions to defer deportations for up to 5 million immigrants here illegally, said any interruption in funds would be Obama’s fault.

“If Homeland Security shuts down, it’s because the president vetoes the budget because he can’t get his amnesty for illegal aliens,” said Rep. Tom Marino (R-Pa.), a former prosecutor.

Boehner and Senate Majority Leader Mitch McConnell had hoped to avoid crisis-governing after their party took control of Congress earlier this month. But now the immigration debate is expected to play a large role as Republicans head for a three-day retreat to map their agenda in Pennsylvania.

Last year’s turn of events left them almost no alternative. Republican lawmakers refused to fully fund the government in December unless they could restrict Obama’s immigration actions. They withheld the Homeland Security funding — setting up this early showdown.

Boehner worked early in the year to devise a package that would please his most conservative troops, even at the risk of losing lawmakers from California and other states who take a more measured approach to immigration issues due to their large Latino and minority populations.

One amendment that was easily approved Wednesday would prevent using fees collected from immigrants or other federal funds to start the deferrals announced by Obama in 2014. The president’s program would benefit the parents of children born in the U.S. and other groups. Some would gain legal work permits. More than 1 million are in California.

Another amendment faced a stiffer political hurdle, and was only narrowly approved, 218-209. It would essentially end the president’s 2012 temporary deportation relief for more than 500,000 young people, called “dreamers,” who were brought to the U.S. illegally as children. No Democrats voted for the measure and 26 Republicans refused to join their party’s plan. Many young people in the two-year program must reapply this year, but the measure would not allow their fees or other federal funds to process their applications.

Because some of the immigration programs begin in February, Republicans were eager to prevent their launch.

The Senate is not expected to take up the issue for several weeks, and many party leaders hope the House’s early start will provide enough time for a compromise measure to emerge before Homeland Security funds run out Feb. 28.

For the latest from Congress follow @LisaMascaro

Copyright © 2015, Los Angeles Times

UPDATE

1:46 p.m.: The story was updated to include comments from administration officials.

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How to Talk to Your Kids About the Immigration


Participants hold a banner during a demonstration called by anti-immigration group Patriotic Europeans Against the Islamization of the West (Pegida) in Dresden, Germany, on Dec. 15, 2014
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Immigration a major hurdle to Republican unity in Congress

As Republicans gather this week for a three-day strategy session at a Pennsylvania resort, the struggle over immigration is once again vexing their efforts to forge a unified front against President Obama.

A year ago, the same retreat triggered an immigration clash after House Speaker John A. Boehner nudged the party to tackle the issue, but rank-and-file members slapped down the effort as not aligned with their priorities and too divisive in an election year.

Now, with Republicans in control of Congress for the first time in eight years, the debate is over how to respond to Obama’s executive action shielding up to 5 million immigrants in the country illegally from deportation. Republicans agree the program should be stopped but differ sharply on tactics.

Republican leaders have adopted a Hippocratic-oath-like approach toward confronting Obama: First, do no harm to the party.

Concerned that extreme positions or overly aggressive strategies could backfire with voters, GOP leaders advocate a pragmatic approach, preferring separate legislation that curtails the administration’s new immigration program and provides a clear Republican alternative.

But conservative rank-and-file Republican lawmakers are revolting, criticizing leaders for being too timid. They have unveiled legislative measures that would not only block the president’s latest program but unwind other immigration policies. One Republican initiative seeks to roll back the president’s 2012 action that has deferred deportation for more than 500,000 so-called Dreamers, young immigrants brought to the U.S. illegally as children.

The conservatives’ effort, which goes further than the GOP leadership wanted or others expected, would be incorporated into a must-pass spending bill to renew funding for the Homeland Security Department, which otherwise runs out of money Feb. 28. That raises the specter of a departmental shutdown if a compromise cannot be reached.

Homeland Security Secretary Jeh Johnson all but pleaded with Congress not to go down that road as he announced stepped-up security measures after the Paris terrorist attacks.

“I urge the full Congress to pass this appropriation quickly, unburdened by any restrictions on our ability to pursue executive actions to fix our broken immigration system,” Johnson said Monday. In an apparent reference to the Paris attacks, he said his department could not function “in these times” with uncertain, short-term funding. “There are homeland security and border security priorities that must be funded without delay.”

Although the rest of the government’s funding was renewed last year through September, Republicans — at the insistence of the conservative wing — agreed to only a short-term extension for the Homeland Security Department, which oversees immigration agencies.

This is not the way Boehner and Senate Majority Leader Mitch McConnell wanted to start the year.

Both have set their sights on showing voters that the Republican-led Congress can lead effectively, in contrast with the past two divided congressional sessions that lurched from crisis to crisis. They are eager to move past shutdown politics and present a viable alternative to the Democratic agenda, particularly as the focus turns to the 2016 presidential election.

But their troops feel burned by what many say are hollow promises from Republican leaders to engage the administration in a fight on immigration and other issues.

“Republicans in all these districts hate amnesty and they don’t like the president — it just puts all the hot buttons together,” said Roy Beck, executive director of NumbersUSA, an organization that favors limits on immigration. The group has been flooding lawmakers’ offices with calls from its 2-million-strong membership, urging Congress to stop the president’s program.

“What you hear from Republican voters is that their Republican leaders are spineless, wimpy — especially now that they control Congress,” Beck said. “Will Congress stand up as an equal part of government or will it continue to allow the executive branch to rule? Really, this is the first test.”

As the 114th Congress convened last week, there was no shortage of proposals to gut Obama’s executive actions on immigration. The result was a five-amendment package.

One Republican amendment would prevent any funds from being used for the immigration plan, including the fees immigrants pay to apply. Another would similarly halt funds for the president’s 2012 program that allows Dreamers to apply for temporary permission to stay. Others are more symbolic measures of protest against policies that lead to the hiring of legal immigrants over U.S. citizens, or give preference to immigrants who are in the country illegally over those awaiting legal entry.

Conservatives view Obama’s immigration program as an abuse of executive authority. But administration officials defend the policy, saying the president had to act because Congress failed to do so.

The House put together a package of immigration bills mostly from lawmakers in Alabama, South Carolina and Tennessee. Each is expected to be easily approved in votes this week and tacked onto the Homeland Security funding bill. Prospects in the Senate are uncertain.

Even if Senate Republicans could overcome a likely Democratic filibuster of the measure, the White House has already threatened to veto the $39.7-billion Homeland Security bill if it is loaded up with “objectionable restrictions” to the president’s immigration action.

Administration officials have warned that stable security funds are vital in the aftermath of the Paris attacks. They also say that without newly approved funds, the department cannot launch new initiatives — including one to beef up the Secret Service, which faced criticism after an intruder last year was able to hop the fence and enter the White House.

“They’re willing to put the Department of Homeland Security’s budget at risk,” said Sen. Richard J. Durbin (D-Ill.), the minority whip, in the chamber Monday. “It’s just wrong to take out your frustration by putting at risk critical Homeland Security funding.”

The new Republican chairman of the Senate Homeland Security Committee, Ron Johnson (R-Wis.), has proposed a similarly tough immigration measure, despite the threat of a presidential veto.

“Sometimes you have to go through that process to show what our thought process is — to highlight the executive overreach,” he said. “We should fight hard for our beliefs. And we will.”

Some suspect that Republican leaders may be allowing hard-liners to present their proposals on the assumption that the Senate will quickly reject them, clearing the way for more measured legislation. Both McConnell and Boehner have said flatly that they will not allow the Homeland Security Department to run out of money.

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Hungary PM Orban says immigration a threat, must be stopped

BUDAPEST (Reuters) – Immigration to Europe should be largely halted, Hungarian Prime Minister Viktor Orban said late on Sunday, demanding a robust EU response to last week’s killings in France.

Orban was speaking after attending a mass rally in Paris to pay tribute to 17 people killed in attacks launched by a trio of Islamist extremists, who were born in France to immigrant families.

The deadly attacks look certain to bolster anti-immigration movements around Europe, and Orban, who has called for migration curbs in the past, said it was time for Brussels to get tough.

“We should not look at economic immigration as if it had any use, because it only brings trouble and threats to European people,” he told state television. “Therefore, immigration must be stopped. That’s the Hungarian stance.”

The only exception, he said, should be for people claiming political asylum.

“Hungary will not become a target destination for immigrants,” he said. “We will not allow it, at least as long as I am prime minister and as long as this government is in power.”

Orban’s right-wing government was elected for a second consecutive term last year. The prime minister said minorities living in Hungary, which has a population of some 10 million, posed no particular problem.

“We do not want to see a significant minority among ourselves that has different cultural characteristics and background. We would like to keep Hungary as Hungary,” he added.

According to the national statistics office (KSH), some 350,000 Hungarians live and worked abroad, most of them in Germany, Britain and Austria.

(Reporting by Krisztina Than; Editing by Crispian Balmer)

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