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  1. Et Tu, Marco? Rubio Backs Away From His Own CIR Bill. By Roger Algase

    This post has been updated as of 10:30 am on October 29.

    The Huffington Post reports on October 28 that Tea Party Senator Marco Rubio (R-FL) a Gang of Eight member and key immigration supporter, is now backing away from his own CIR bill. See Marco Rubio Backs Away From Own Immigration Bill Becoming Law.

    Huffpost mentions that "Rubio received pushback from some conservatives for his support of comprehensive immigration reform, and has gone mostly silent on the issue."

    Et tu, Marco?

    However, some analysts are arguing that Senator Rubio's retreat on immigration reform in October, 2013 AD is not really a replay of the events in the Roman Senate on March 15, 44 BC, because Rubio has not actually changed his position on reform.

    Seung Min Kim, for example, writes the following in Politico Marco Rubio sparks immigration debate (October 28):

    "The Florida Senator has long called for giving House Republicans some space to come up with their own plan. And some advocates believe Rubio's call to focus on piecemeal aspects of reform could actually pave the way for some kind of agreement between the House and Senate."

    Who believes this, actually?

    Kim quotes the eternally optimistic voice of reform advocate Tamar Jacoby, who still insists:

    "This is making a more doable task for House Republicans. House Republicans are trying to pass pieces that add up to a package...'We'll meet you halfway' is essentially what the message is."

    Very nice idea, but meeting halfway is exactly what the House Republicans are trying to avoid at all costs. For them, going to conference with the Democratic-controlled Senate on immigration reform would be like meeting with the devil himself.

    This reminds me of Jacoby's statement in the LA Times this last summer that the House "piecemeal" bills would eventually add up like beads on a "necklace". In view of what has happened since, leaves on a funeral wreath might be a better analogy.

    As I have argued before, the problem with the "piecemeal" approach is not with the process, but with the substance. If the House were to pass a hundred piecemeal bills that together added up to real reform, who would complain?

    But, as Kim makes clear in her article:

    "A top concern of advocates is that if lawmakers only focus on areas of immigration reform with broad bipartisan agreement, one big group will be left out: the estimated 11.7 million undocumented immigrants in this country."

    Rubio's retreat has also given aid and comfort to the anti-immigration reform side. Kim quotes an aide to a GOP lawmaker who opposes reform as follows:

    "His [Rubio's] turnaround represents an admission that, on substance, the [Democratic CIR] bill is a catastrophe...This should be the end of anyone seriously attempting to promote this awful, awful, proposal."

    Nor has backing down on CIR helped Rubio very much with his own former Tea Party allies.

    Kim writes that Roy Beck, Executive Director of anti-immigrant NumbersUSA said of Rubio's turnaround on CIR:

    "He's going to be digging himself out a hole for some time."

    For those who balk at comparing Marco Rubio with Marcus Brutus, however, another comparison may be more apt:

    To paraphrase Shakespeare, Marco Rubio is in effect saying the same thing about reform that Marcus Antonius said of Julius Caesar:

    "I come to bury CIR, not to praise it."

    Updated 10-29-2013 at 11:58 AM by ImmigrationLawBlogs

  2. Letters of the Week: Oct 28 - Nov 1

    Please email your letters to or post them directly as a comment below.

  3. E-Verify Post-Government Shutdown; by Bruce Buchanan, Siskind Susser

    E-Verify has resumed operations following the 16-day federal government shutdown. Employers must create an E-Verify case for each employee hired during or otherwise affected by the shutdown by November 5, 2013. If the employer is prompted to provide a reason why the case is late, select ‘Other’ from the drop-down list of reasons and enter ‘federal government shutdown’ in the field. If an employee had a Tentative Non-confirmation (TNC) referred between September 17 and 30, 2013 and was not able to resolve the TNC due to the federal government shutdown, add 12 federal business days to the date printed on the ‘Referral Letter’ or ‘Referral Date Confirmation.’ Employees have until this new date to contact the Social Security Administration (SSA) or the Department of Homeland Security (DHS) to resolve their cases. If an employer has an employee who decided to contest his TNC while E-Verify was unavailable, the employer should now initiate the referral process in E-Verify. If an employee received a Final Non-confirmation (FNC) because of the federal government shutdown, the case should be closed.Then, select “The employee continues to work for the employer after receiving a FNC result.” The employer must then enter a new case in E-Verify for that employee. This step is necessary to ensure the employee is afforded the opportunity to timely contest and resolve the TNC that led to the FNC result.
  4. Latest From House GOP Leaders: Immigration Reform 2013 - RIP. By Roger Algase

    The latest report from Politico is that Immigration Reform is still dead in the House for this year. See October 27, House leaders plot new fall GOP strategy.

    The Politico article has a long list of items which the House GOP leadership is considering taking up during the comparatively few days that the House will be in session at all during the remainder of 2013. But the last paragraph reads:

    "Here's what won't get done: immigration reform. The process is completely stalled and many are pronouncing it dead. House Republican leadership has no plans to bring any bill to the floor - even one to bulk up border security - because of concerns among the rank and file that it could be forced into a bad deal with Obama and the Democratic-controlled Senate."

    I hate to sound cynical, but one has to wonder if all the talk about "piecemeal" House immigration bills, including House Judiciary Chairman Bob Goodlatte's (R-VA) much discussed proposals, both known and secret, as well as the latest reported "guest worker" legalization proposal from Rep. Darryl Issa (R-CA) were ever meant as anything more than smoke and mirrors to make it seem as if the House had some intention of moving ahead with reform, when in fact it never had any.

    Or, is it possible that the House Republican leadership may have been interested in doing something about reform until its Tea Party and Heritage Action masters cracked the whip?

    Either way, RIP, CIR 2013.

    Updated 10-28-2013 at 12:42 PM by ImmigrationLawBlogs

  5. California Republican First to Sign on to House Democrats' Immigration Bill

    by , 10-27-2013 at 11:24 PM (Greg Siskind on Immigration Law and Policy)
    Jeff Denham (R-CA) has now made H.R. 15, the House's comprehensive immigration bill officially bipartisan when he endorsed the plan. H.R. 15 is basically the Senate bill modified to substitute a bipartisan House border security bill for the controversial Corker-Hoeven border surge language. From

    On Sunday, California Congressman Jeff Denham has become the first Republican to co-sponsor H.R. 15, the immigration bill that the Democrats introduced on October 2. Rep. Denham represents California’s 10th Congressional district, which is in the state’s agricultural breadbasket of the Central Valley.
    Expressing that the nation cannot wait anymore, Denham said in a statement, “I support an earned path to citizenship to allow those who want to become citizens to demonstrate a commitment to our country, learn English, pay fines and back taxes and pass background checks. This is a common-sense solution to our broken system. I also support a faster pathway for the children who were brought here by their parents through no fault of their own, who have been raised in America and educated in our schools and have no other country to call home.”

    At least two dozen other Republicans are on record endorsing positions similar to H.R. 15 so it seems likely Denham won't be the last.
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