Department of Homeland Security Capital Looms - Executive Action Delayed

Department of Homeland Security Capital Looms - Executive Action Delayed

Monday afternoon found another failed vote for Department of Homeland Security (DHS) funding in the Senate, as the latest bill received only 47 of the necessary 60 votes to achieve success. Nevertheless, Senate Majority Leader Mitch McConnell (R-Kentucky) has announced a new strategy to separate the recent immigration orders released by President Obama in November, 2014 from the funding bill, in a effort to combat the reservations that many Senators have had. This way, the Senate can vote on the capital bill without the complication of deciding whether they plan to support the President's new Executive Actions. Immigration Lawyers

Financing for DHS is scheduled to run out on Friday. If the Senate is not able to pass a bill before then, there will soon be thousands of workers furloughed. Those people who are not in "essential" positions WOn't be working, and those whose positions are "essential for the preservation of the safety of human life or the protection of property" will soon be required to work, though many will work without pay. Those whose places are financed by outside sources will also work and be paid. DHS Secretary Jeh Johnson has declared that the shutdown will have a devastating effect on many Americans, and is preparing DHS employees for the potential furlough period, which would continue until the Senate is able to attain an understanding on the funding bill. Most USCIS officers will still work, as they may be funded mostly through immigration application filing fees, as will Customs and Border Patrol Officers. But, the shutdown would stop the E-Verify system, allowing employers to check the immigration status of potential employees. It will cease the flow of funds from DHS.

In the event the proposed Senate bill separates the brand new Executive Action from the funding dilemma, the Executive Action could be executed even in case of the DHS shutdown. Nevertheless, with the recent injunction ordered by U.S. District Court Judge Andrew Hanen, the Executive Action is being briefly halted. The Justice Department has filed for an emergency stay of that injunction, as well as a formal appeal, but no decision has been made as of yet. Immigration Lawyers

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