By Norka M. Schell, Immigration Lawyer
Law Offices of Norka M. Schell, LLC
Tel. (212)564-1589
Website: www.lawschell.com
Congress imposed harsh restrictions on the re-entry of foreign nationals who have been previously removed with passage of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (IllRAIR). The Sections 212(a)(9)(A)(i) and (ii) of the Immigration and Nationality Act, as added by IIRAIRA provide that aliens who have been ordered removed may not be readmitted to the United States until they have remained outside the country for a specific period of time: (a) five years or individuals removed through summary exclusion or through removal proceedings initiated upon the person's arrival in the United States; (b) 10 years for those otherwise ordered removed after a deportation hearing or who departed the United States while an order of removal was outstanding; and (c) 20 years for a second or subsequent removal. The bar to readmission is permanent for foreign nationals convicted of an felony. Foreign nationals who wish to return to the United States prior to the passage of required amount of time, as specified in the regulations, must request for a permission to reapply for early admission.
U.S. Citizenship and Immigration Services (USCIS) has broad discretionary authority when it come to evaluating requests for permission to reapply.
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September 18, 2014
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: ALTERNATIVES TO DETENTION
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: ALTERNATIVES TO DETENTION: By Norka M. Schell Law Offices of Norka M. Schell, LLC Tel. (212)564-1589 Website: www.lawschell.com The government needs to eli...
ALTERNATIVES TO DETENTION
By Norka M. Schell
Law Offices of Norka M. Schell, LLC
Tel. (212)564-1589
Website: www.lawschell.com
The government needs to eliminate mandatory detention except for serious offenders.
Each year mandatory detention results in the jailing of tens of thousands of people who pose no danger to their communities and are not a flight risk. Feeding this detention system is the mandatory provision of Illegal Immigration Reform and Immigration Responsibility Act of 1996 (IIRAIRA), requiring that most people in deportation proceedings, based on their past offenses, no matter how remote in time, are held in custody, even if they are non-violent and the criminal system has determined they are not a risk to the community. Such a system cannot differentiate between a terrorist and a single mother of U.S. children or a green card holder who's lived here his whole life. The respondent remains in custody until completion of the immigration court case, and pending any appeals to the Board of Immigration Appeals and federal circuit courts, which can easily amount to years of detention.
In the past few months, the Obama Administration has massively escalated its detention of mothers and children who are fleeing violence and persecution. Within weeks, the Department of Homeland Security will open several thousand new detention beds dedicated to detaining families. These mothers and their children, including many toddlers and babies, are asylum seekers, who have suffered domestic violence, sexual assault, gang violence and other atrocities and are protected under international and U.S. asylum and humanitarian law. The U.S. government is also subjecting them to an aggressive and rapid deportation policy that deprives them of meaningful access to protection.
Even though Department of Homeland Security current only permits individuals to participate in alternatives programs if the individual has already demonstrated the they are not a flight risk or danger to the community, the Department of Homeland Security uses restrictive measures such as electronic devices to monitor participants. Electronic monitoring devices are very restrictive: a recent court decision found that electronic bracelets cause the loss of a 'great deal' of an individual's liberty and require confinement in a specific space such as a private dwelling for approximately 12 hours per day. Currently, all Department of Homeland Security's alternatives to detention programs rely heavily on electronic monitoring devices which seriously restrict an individual's freedom of movement - thereby converting the program into an alternative from of custody rather than an alternative to detention.
Department of Homeland Security's current alternatives to detention programs have not yet taken advantage of the community-based alternative programs run by non-governmental, state or local agencies that utilize less restrictive means to ensure program compliance. Community-based alternatives programs that provide case management services, legal orientation for participants and facilitate access to counsel have been shown to substantially increase program compliance without the extensive use of electronic monitoring.
Detention deprives individuals of their most fundamental rights to liberty and for many individuals such as the mothers and their children, and for many immigrants and asylum-seekers, this extreme measure is often unnecessary.
September 2, 2014
IMMIGRATION-RELATED EMPLOYMENT DISCRIMINATION CLAIM
Posted by: Norka M. Schell, NYC Immigration Lawyer
Law Offices of Norka M. Schell, LLC
Tel. (212)564-1589
Website: www.lawschell.com
Law Offices of Norka M. Schell, LLC
Tel. (212)564-1589
Website: www.lawschell.com
Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Tuesday, September 2, 2014
Justice Department Settles Immigration-Related Employment Discrimination Claim Against a Restaurant Management Company
The Justice Department announced today that it reached an agreement with Culinaire International, a catering and restaurant management company headquartered in Houston, Texas, resolving a claim that Culinaire engaged in citizenship discrimination during the employment eligibility reverification process in violation of the Immigration and Nationality Act (INA).
The Justice Department’s investigation found that Culinaire required lawful permanent resident employees to produce a new Permanent Resident Card when their prior card expired, even though the Form I-9 and E-Verify rules prohibit this practice. Lawful permanent residents have permanent work authorization in the United States, even after their permanent resident cards expire. The INA’s anti-discrimination provision prohibits employers from placing additional documentary burdens on work-authorized employees during the employment eligibility verification process based on their citizenship status.
“Employers cannot discriminate against workers by requiring them to produce more documents than necessary in the employment eligibility verification and reverification processes,” said Acting Assistant Attorney General Molly Moran for the Civil Rights Division. “The department applauds Culinaire’s willingness to resolve this matter expeditiously and its commitment to changing its past documentary practices.”
Under the settlement agreement, Culinaire will pay $20,460 in civil penalties to the United States; undergo training on the anti-discrimination provision of the INA; establish a $40,000 back pay fund to compensate potential economic victims; revise its employment eligibility reverification policies; and be subject to monitoring of its employment eligibility verification practices for 20 months.
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) within the Justice Department is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute prohibits citizenship status and national origin discrimination in hiring, firing or recruitment or referral for a fee, unfair documentary practices, retaliation and intimidation.
For more information about protections against employment discrimination under immigration laws, call OSC’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call OSC’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired).
Applicants or employees who believe they were subjected to different documentary requirements based on their citizenship status, immigration status, or national origin, or discrimination based on their citizenship status, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee should contact OSC’s worker hotline for assistance.
August 14, 2014
VISA BULLETIN FOR SEPTEMBER 2014
Posted by Norka M. Schell, Immigration Lawyer
Law Offices of Norka M. Schell, LLC
Tel. (212)564-1589
Website: www.lawschell.com
FAMILY-SPONSORED PREFERENCES
Law Offices of Norka M. Schell, LLC
Tel. (212)564-1589
Website: www.lawschell.com
FAMILY-SPONSORED PREFERENCES
Family-Sponsored | All Chargeability Areas Except Those Listed | CHINA-mainland born | INDIA | MEXICO | PHILIPPINES |
F1 | 01MAY07 | 01MAY07 | 01MAY07 | 01JUN94 | 01AUG04 |
F2A | 01JAN13 | 01JAN13 | 01JAN13 | 22APR12 | 01JAN13 |
F2B | 01SEP07 | 01SEP07 | 01SEP07 | 15MAY94 | 01DEC03 |
F3 | 15NOV03 | 15NOV03 | 15NOV03 | 15OCT93 | 22MAY93 |
F4 | 01JAN02 | 01JAN02 | 01JAN02 | 22JAN97 | 15MAR91 |
EMPLOYMENT-BASED PREFERENCES
Employment- Based |
All Chargeability Areas Except Those Listed
| CHINA - mainland born | INDIA | MEXICO | PHILIPPINES |
1st | C | C | C | C | C |
2nd | C | 08OCT09 | 01MAY09 | C | C |
3rd | 01APR11 | 01NOV08 | 08NOV03 | 01APR11 | 01APR11 |
Other Workers | 01APR11 | 22JUL05 | 08NOV03 | 01APR11 | 01APR11 |
4th | C | C | C | C | C |
Certain Religious Workers | C | C | C | C | C |
5th
Targeted EmploymentAreas/ Regional Centers and Pilot Programs | C | C | C | C | C |
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: ASYLUM AND WITHHOLDING OF REMOVAL DEFENSES
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: ASYLUM AND WITHHOLDING OF REMOVAL DEFENSES: Posted By Attorney Norka M. Schell Law Offices of Norka M. Schell, LLC Tel. (212) 564-1589 Website: http://www.lawschell.com/asylum.html...
August 5, 2014
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: BULLETIN VISA FOR AUGUST 2014
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: BULLETIN VISA FOR AUGUST 2014: Posted by Norka M. Schell, NYC Immigration Lawyer Law Offices of Norka M. Schell, LLC Tel. (212)564-1589' Website: www.lawschell.com ...
BULLETIN VISA FOR AUGUST 2014
Posted by Norka M. Schell, NYC Immigration Lawyer
Law Offices of Norka M. Schell, LLC
Tel. (212)564-1589'
Website: www.lawschell.com
FAMILY-SPONSORED IMMIGRATION
EMPLOYMENT-BASED IMMIGRATION
Law Offices of Norka M. Schell, LLC
Tel. (212)564-1589'
Website: www.lawschell.com
FAMILY-SPONSORED IMMIGRATION
Family-Sponsored | All Chargeability Areas Except Those Listed | CHINA-mainland born | INDIA | MEXICO | PHILIPPINES |
F1 | 22APR07 | 22APR07 | 22APR07 | 08APR94 | 01JUN04 |
F2A | 01MAY12 | 01MAY12 | 01MAY12 | 15MAR11 | 01MAY12 |
F2B | 01JUL07 | 01JUL07 | 01JUL07 | 01APR94 | 08OCT03 |
F3 | 15NOV03 | 15NOV03 | 15NOV03 | 15SEP93 | 15APR93 |
F4 | 01JAN02 | 01JAN02 | 01JAN02 | 01JAN97 | 22JAN91 |
EMPLOYMENT-BASED IMMIGRATION
Employment- Based All Chargeability Areas Except Those Listed CHINA - mainland born INDIA MEXICO PHILIPPINES 1st C C C C C 2nd C 08OCT09 22JAN09 C C 3rd 01APR11 01NOV08 08NOV03 01APR11 01JUN10 Other Workers 01APR11 22JUL05 08NOV03 01APR11 01JUN10 4th C C C C C Certain Religious Workers C C C C C 5th
Targeted
Employment Areas/
Regional Centers
and Pilot ProgramsC C C C C
July 29, 2014
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: THE B-2 VISITOR FOR PLEASURE
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: THE B-2 VISITOR FOR PLEASURE: The B-2 "Visitor for Pleasure" visa, along with the Visa Waiver Program, are the most widely used vehicles for entry into the Unit...
THE B-2 VISITOR FOR PLEASURE
The B-2 "Visitor for Pleasure" visa, along with the Visa Waiver Program, are the most widely used vehicles for entry into the United States.
The B-2 visitor visa has many specific uses, but more importantly it also has specific situations where its use is expressly prohibited. The fact that this visa is obtained overseas without the United States Immigration and Citizenship Services ("USCIS") approval means that an immigrant lawyer is rarely involved.
The B-2 visa category can be one of the most complex and difficult to address because the issues and factors involved in the decision are almost entirely subjective. Moreover, the decision of the consul occurs far from the immigration lawyer, and is not subject to review or formal appeal. If the reason fro the denial is known, applicants my present "better" evidence in subsequent visa applications.
The B-2 visitor visa has many specific uses, but more importantly it also has specific situations where its use is expressly prohibited. The fact that this visa is obtained overseas without the United States Immigration and Citizenship Services ("USCIS") approval means that an immigrant lawyer is rarely involved.
The B-2 visa category can be one of the most complex and difficult to address because the issues and factors involved in the decision are almost entirely subjective. Moreover, the decision of the consul occurs far from the immigration lawyer, and is not subject to review or formal appeal. If the reason fro the denial is known, applicants my present "better" evidence in subsequent visa applications.
July 17, 2014
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR JULY 2014
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR JULY 2014: Posted by Norka M. Schell, Immigration Attorney Law Offices of Norka M. Schell, LLC Tel. (212)564-1589 Website: www.lawschell.com EMP...
VISA BULLETIN FOR JULY 2014
Posted by Norka M. Schell, Immigration Attorney
Law Offices of Norka M. Schell, LLC
Tel. (212)564-1589
Website: www.lawschell.com
EMPLOYMENT-BASED PREFERENCES
FAMILY-SPONSORED
Law Offices of Norka M. Schell, LLC
Tel. (212)564-1589
Website: www.lawschell.com
EMPLOYMENT-BASED PREFERENCES
Employment- Based |
All Chargeability Areas Except Those Listed
| CHINA - mainland born | INDIA | MEXICO | PHILIPPINES |
1st | C | C | C | C | C |
2nd | C | 01JUL09 | 01SEP08 | C | C |
3rd | 01APR11 | 01OCT06 | 01NOV03 | 01APR11 | 01JAN09 |
Other Workers | 01APR11 | 01JAN03 | 01NOV03 | 01APR11 | 01JAN09 |
4th | C | C | C | C | C |
Certain Religious Workers | C | C | C | C | C |
5th
Targeted EmploymentAreas/ Regional Centers and Pilot Programs | C | C | C | C | C |
FAMILY-SPONSORED
Family-Sponsored | All Chargeability Areas Except Those Listed | CHINA-mainland born | INDIA | MEXICO | PHILIPPINES |
F1 | 01APR07 | 01APR07 | 01APR07 | 01FEB94 | 01JAN03 |
F2A | 01MAY12 | 01MAY12 | 01MAY12 | 15MAR11 | 01MAY12 |
F2B | 01MAY07 | 01MAY07 | 01MAY07 | 22NOV93 | 15AUG03 |
F3 | 15OCT03 | 15OCT03 | 15OCT03 | 08AUG93 | 22MAR93 |
F4 | 22DEC01 | 22DEC01 | 22DEC01 | 15DEC96 | 01JAN91 |
July 10, 2014
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: REFUGEE OR ASYLEE STATUS
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: REFUGEE OR ASYLEE STATUS: By: Norka M. Schell, Immigration Lawyer Law Offices of Norka M. Schell, LLC 11 Broadway, Suite 615 New York, NY 10004 Tel. (212)564-1589...
REFUGEE OR ASYLEE STATUS
By: Norka M. Schell, Immigration Lawyer
Law Offices of Norka M. Schell, LLC
11 Broadway, Suite 615
New York, NY 10004
Tel. (212)564-1589
www.lawschell.com
A refugee or person granted asylum is an individual who has been admitted to the United States or allowed to remain in the United States due to a threat of persecution in his or her country of nationality. A refugee applied for such status before entering the United States, was granted a visa, and then was admitted to the United States as a refugee. A person granted asylum (asylee) entered the United States in some other status or unlawfully but then applied for and was granted asylum after entry to the United States.
A refugee or asylee may adjust to lawful permanent resident status generally after being present in the United States for one year after being admitted as a refugee or after being granted asylum. Despite this regulation, many refugees or asylum have been in the United States for longer than one year and have not had their status adjusted to that of a lawful permanent resident.
Law Offices of Norka M. Schell, LLC
11 Broadway, Suite 615
New York, NY 10004
Tel. (212)564-1589
www.lawschell.com
A refugee or person granted asylum is an individual who has been admitted to the United States or allowed to remain in the United States due to a threat of persecution in his or her country of nationality. A refugee applied for such status before entering the United States, was granted a visa, and then was admitted to the United States as a refugee. A person granted asylum (asylee) entered the United States in some other status or unlawfully but then applied for and was granted asylum after entry to the United States.
A refugee or asylee may adjust to lawful permanent resident status generally after being present in the United States for one year after being admitted as a refugee or after being granted asylum. Despite this regulation, many refugees or asylum have been in the United States for longer than one year and have not had their status adjusted to that of a lawful permanent resident.
June 9, 2014
SCIALABBA V. DE OSORIO
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: SCIALABBA v. DE OSORIO: Posted by NYC Norka M. Schell, NYC Immigration Lawyer Law Offices of Norka M. Schell, LLc Tel. (212) 564-1589 Today, June 09, 2014, the...
SCIALABBA v. DE OSORIO
Posted by NYC Norka M. Schell, NYC Immigration Lawyer
Law Offices of Norka M. Schell, LLc
Tel. (212) 564-1589
Today, June 09, 2014, the U.S. Supreme Court uphold BIA's narrow interpretation of the Child Status Protection Act (CSPA) provisions.
The Court reversed and remanded the Nineth Circuit's decision in De Osorio v. Mayorkas, holding that the Child Status Protection Act under the INA section 203 (h)(3) is ambiguous and that a court must defer to BIA's narrow interpretation in Matter of Wang.
The Court found that in order to "automatically converted" to a new visa category, aged-out children must continue to have a qualifying preference relationship with the initial petition.
See http://www.supremecourt.gov/opinions/13pdf/12-930_3d46.pdf
May 23, 2014
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: IMMIGRATION STRATEGIES FOR TRANSFERRING PERSONNEL ...
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: IMMIGRATION STRATEGIES FOR TRANSFERRING PERSONNEL ...: One of the critical concerns of companies with operations both in the United States and overseas is the ability to transfer key personnel to...
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: IMMIGRATION STRATEGIES FOR TRANSFERRING PERSONNEL ...
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: IMMIGRATION STRATEGIES FOR TRANSFERRING PERSONNEL ...: One of the critical concerns of companies with operations both in the United States and overseas is the ability to transfer key personnel to...
IMMIGRATION STRATEGIES FOR TRANSFERRING PERSONNEL TO THE UNITED STATES
One of the critical concerns of companies with operations both in the United States and overseas is the ability to transfer key personnel to the United States with speed and certainty. United States immigration law provides several options for transferring personnel, depending on the tenure of the worker with the organization, the nationality of the company and the worker, and qualifications of the worker.
Temporary Visa Options - while many individuals would prefer to acquire permanent residence (a "green card") in the United States immediately, the length of time needed to process an application for permanent residence (usually at least a year, and frequently several years) and the pace of international business mean that an employee being transferred to the United States will need to commence work in a temporary (called "nonimmigrant") visa classification authorizing employment in the United States.
The B-1, or visitor for business, visa is a valuable option to companies for short term transfer where the employee will continue to be employed and paid by the company outside of the United States during the temporary assignment in the United States.
The L-1, or intracompany transferee, visa enables overseas companies with parents, subsidiary, affiliate or branch office in the United States to transfer managers, executives and "specialized knowledge" employees to the United States.
The E-1 treaty trade visa and E-2 treaty investor visa are only available to employees of companies owned at least 50% by nationals of a country that has a special treaty relationship with the United States or individuals who are nationals of the treaty country.
Employees who do not qualify either under E-1 or E-2 treaty trader/treaty investor category or the L-1 intracompany transferee category as managers, executives, supervisors or specialized knowledge may need to obtain H visa.
To explore your options, please call our NYC office at (212)564-1589 to schedule your consultation with our NYC Business Immigration Lawyers or visit our website to complete our online consultation form.
Temporary Visa Options - while many individuals would prefer to acquire permanent residence (a "green card") in the United States immediately, the length of time needed to process an application for permanent residence (usually at least a year, and frequently several years) and the pace of international business mean that an employee being transferred to the United States will need to commence work in a temporary (called "nonimmigrant") visa classification authorizing employment in the United States.
The B-1, or visitor for business, visa is a valuable option to companies for short term transfer where the employee will continue to be employed and paid by the company outside of the United States during the temporary assignment in the United States.
The L-1, or intracompany transferee, visa enables overseas companies with parents, subsidiary, affiliate or branch office in the United States to transfer managers, executives and "specialized knowledge" employees to the United States.
The E-1 treaty trade visa and E-2 treaty investor visa are only available to employees of companies owned at least 50% by nationals of a country that has a special treaty relationship with the United States or individuals who are nationals of the treaty country.
Employees who do not qualify either under E-1 or E-2 treaty trader/treaty investor category or the L-1 intracompany transferee category as managers, executives, supervisors or specialized knowledge may need to obtain H visa.
To explore your options, please call our NYC office at (212)564-1589 to schedule your consultation with our NYC Business Immigration Lawyers or visit our website to complete our online consultation form.
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: IMMIGRATION ADVOCATES FOCUS THEIR ANGRY ON THE HOU...
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: IMMIGRATION ADVOCATES FOCUS THEIR ANGRY ON THE HOU...: Posted by Norka M. Schell, Immigration Lawyer Law Offices of Norka M. Schell, LLC New York City, New York Tel. (212)564-1589 website: w...
IMMIGRATION ADVOCATES FOCUS THEIR ANGRY ON THE HOUSE GOP LEADER
Posted by Norka M. Schell, Immigration Lawyer
Law Offices of Norka M. Schell, LLC
New York City, New York
Tel. (212)564-1589
website: www.lawschell.com
WASHINGTON (AP) — "Immigration advocates angry that legislation has stalled in Congress are increasingly focusing their ire at one person: Eric Cantor, the House majority leader.
Law Offices of Norka M. Schell, LLC
New York City, New York
Tel. (212)564-1589
website: www.lawschell.com
WASHINGTON (AP) — "Immigration advocates angry that legislation has stalled in Congress are increasingly focusing their ire at one person: Eric Cantor, the House majority leader.
More so than House Speaker John Boehner of Ohio, Cantor is seen as responsible for the House's election-year failure to act on immigration 11 months after the Senate passed a wide-ranging bill with billions for border security and a path to citizenship for the 11.5 million immigrants in the country illegally. The issue is a top priority for President Barack Obama.
"Eric Cantor is the No. 1 guy standing between the American people and immigration reform," Frank Sharry, executive director of America's Voice, a pro-immigrant group, said on a conference call Wednesday organized by Democratic activists and immigrant advocates to criticize Cantor.
The Virginia Republican, widely seen as having ambitions of being speaker one day, faces a tea party primary challenge June 10 and has hardened his stance on immigration.
Cantor and the chairman of the House Judiciary Committee, fellow Virginian Bob Goodlatte, announced last summer that they were developing legislation offering citizenship to immigrants brought illegally to this country as kids. The bill never appeared.
And according to Rep. Jeff Denham, R-Calif., Cantor committed last year to helping him bring legislation to a vote granting citizenship to immigrants brought here illegally as kids who serve in the military. No agreement was reached, and Cantor's office announced Friday that Denham's measure would not even be allowed to come to the floor this year as part of the annual defense bill, which the House is considering this week.
Denham said the announcement took him by surprise after talking with Cantor earlier in the day, and he had no explanation.
Cantor's spokesman, Doug Heye, said that Cantor continues to support Denham's bill, the ENLIST Act, as well as legislation allowing citizenship to kids brought illegally, and conversations are ongoing. Heye said Cantor never committed to bringing the ENLIST Act to a vote, just to working on it.
Political considerations play no role, Heye said.
"On the issue of kids, he thinks that's a great place to start and wants to continue to work on that. He supports the principle behind the ENLIST Act," Heye said. "These are things that he believes because they're the right things for him to do. It's not a political calculation. Eric Cantor's position on immigration remains consistent."
But Cantor is facing pressure on immigration from his primary opponent, Dave Brat, an economics professor at Randolph-Macon College. Brat is a long-shot to unseat Cantor, who cruised to a seventh term with 58 percent of the vote in 2012. But his candidacy has attracted attention from prominent Republicans such as columnist Ann Coulter, who described Cantor as "amnesty-addled."
Earlier this month at a convention in Cantor's district, Virginia conservatives booed the majority leader and ousted one of his allies as chairman of a local Republican committee, elevating a tea party favorite instead.
Brat has seized on the dispute around Denham's bill, accusing Cantor in an opinion piece published in a local online community forum of supporting the legislation "until he saw my primary challenge and principled conservatives' stand on amnesty."
Even before his primary drew near, Cantor was seen as the member of House Republican leadership most opposed to acting on immigration legislation.
Boehner is viewed as an ally by immigration advocates, based partly on his ties to the business community, which supports overhauling immigration laws. Boehner also has said repeatedly in public and in private that he wants to deal with the immigration issue.
Cantor, on the other hand, is seen as reluctant. According to Heye, Cantor hasn't weighed in on the question of whether Republicans must support immigration reform in order to ensure the GOP's viability as a political party — a position that's become an article of faith with establishment Republicans such as Boehner.
And Cantor has ties to tea party lawmakers whose support might be helpful if he does one day seek the speakership. These conservatives largely oppose immigration legislation.
Boehner earlier this month refused to commit to serving another full term as speaker, but Heye denied Cantor was eyeing the speakership in making decisions. "He's running for re-election as majority leader and we've not said anything more than that," said Heye." Writer Erica Werner
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