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-   -   Two Prominent Democrats Float Idea Of Delaying Immigration Actions (http://dreamact.info/forum/showthread.php?t=69480)

freshh. 11-06-2014 11:34 PM

Two Prominent Democrats Float Idea Of Delaying Immigration Actions
 
Finally, some Congressional Democrats have come out backing extending possible relief to parents of DACA beneficiaries. However, I find the wording used regarding the parents of USCs intriguing. Anyone with a little more knowledge of immigration law, is there a way for the parents of USCs to be granted parole in place or some other kind of status that would allow them to remain in the US until their child is 21?

Quote:

Meanwhile, Congressional Democrats are standing firm: Obama must act now, they say. Where the executive actions stand after Tuesday’s electoral drubbing.

President Obama vowed he would take executive action to slow deportations before the end of 2014 — but still has not said when exactly he will do so.

The delay of the long-promised actions until after the election, instead of this summer, was meant to help vulnerable Democrats up for reelection in conservative states. Despite the delay, almost all of those candidates lost, many by wide margins.

Two prominent Democrats have, since Tuesday, floated the possibility of delaying the executive actions further until next year, and give the newly Republican Congress an opportunity to move immigration legislation first.

David Axelrod, Obama's former chief adviser, wrote on Twitter Wednesday that delay could force the GOP hand. "Immigration bill won a huge bipartisan majority in the Senate," he wrote. "POTUS should agree to shelve exec order for up or down vote in House." Axelrod did not respond to an email about the tweet.

On Thursday, former DNC chair and Pennsylvania Gov. Ed Rendell suggested April or even June as a potential deadline after which Obama could tell Republicans he'll act if Congress doesn't send him a bill.

"There are two ways I think he could go about it. One, he could impose a timeline now, say if you send me a bill by April of next year, I won't issue an executive order, but here's the executive order I will issue if you don't send me a bill," Rendell said on a conference call hosted by the Bipartisan Policy Center, a Washington think tank. "Or he can issue the executive order now and say, as soon as you send me a bill I'll sign it, and then if I can sign I will sign, obviously it will supercede the executive order."

Rendell participated in an immigration discussion at the White House on Wednesday this week, as part of a Bipartisan Policy Center delegation. Officials with the group said Rendell's views were his own and not the group's.

Obama and the White House have insisted over and over since the election that executive action is still very much on the table. The White House did not respond directly to Rendell and Axelrod, but pointed to the many public statements from White House principles since the polls closed on Tuesday night. The central message: executive action isn't the end of the process, it's just a piece of it. If Republicans want to negate it with legislation, Obama's ready to, in the words of White House chief of staff Denis McDonough, "tear up" the executive order.

Likewise, Congressional Democrats are still standing by calls for executive action — nothing, they say, has changed since Tuesday's Republican wave.

Democratic Sen. Richard Blumenthal told BuzzFeed News a priority for Obama should be using his "well-established" executive authority to protect the parents of undocumented youth brought to the country as children, known as DREAMers.


"Steps such as deferring action against parents of DREAMers and U.S. citizens. Immigrants who are law-abiding, hardworking, tax-paying parents of people who will remain in this country so that families can be kept together and there's precedent for it," he said, pointing to the "Family Fairness" policy implemented by Presidents Ronald Reagan and George H.W. Bush.

Administration officials in the Department of Homeland Security and Justice Department are currently in the process of making final recommendations to the White House for potential executive actions.

Among their considerations is the question of whether the actions should extend de facto legal status to the parents of DREAMers — a measure that would have a dramatic impact on the number of undocumented immigrants covered by the actions.

Advocates reached by BuzzFeed News since Tuesday's election have said they are urging Senate leadership including Sens. Harry Reid, Dick Durbin, Chuck Schumer, and Bob Menendez to act in unison and call on the president to protect as many undocumented immigrants as possible from deportation administratively.

"If House Republicans want to finally come to the table to pass a bill, we are ready to work with them," Reid's office said in a statement. "But because Republicans have continued to block immigration reform, the president shouldn't delay actions that will improve the functioning of our immigration system in a way that supports families, workers and business."

Speaker John Boehner, who has in the past said immigration should be considered by the House, said Thursday that if Obama takes executive action, it "will poison the well" and there will be "no chance" for a legislative effort.

Whether the administration really has the authority to take executive action has been a continued point of contention with Republicans since the 2012 Deferred Action for Childhood Arrivals measure that extended protections to some undocumented immigrants.

Republican inaction, Democrats maintained on Thursday, continues to be the reason why Obama should do the opposite: take executive action now and not wait for legislation in the Republican-controlled Congress.

"The fact is, Republicans are responsible for the immigration impasse we are in, and I continue to believe the president must step in now and offer big, bold administrative relief for the millions stuck in the shadows," Menendez said in a statement. "I am encouraged that the president recognizes there is a cost to waiting and has reiterated his commitment to using his executive authority to act on immigration. In the absence of comprehensive immigration reform legislation, we look forward to the president acting as soon as possible."

"Durbin's position has not changed," said spokesman Ben Marter. "He strongly supports president Obama taking administrative action to stop the deportation of undocumented immigrants who have lived in the United States for years and have not committed serious crimes."

House Minority Whip Steny Hoyer gave his first comments on the issue since the election to BuzzFeed News, calling for Obama to deliver strong administrative actions.

"It is not only the morally right thing to do, but it will increase America's competitiveness and provide certainty to businesses," he said in a statement. "The president has the support of a wide range of interests, including the business community, agriculture community, labor, and the faith community, and I am hopeful he will take action soon."


Hoyer added that executive action is no substitute for congressional action and he will continue to support an overhaul.

A senior House Democratic aide said specifics for Obama should include extending deferred action to the parents and caregivers of deferred action recipients, allowing DREAMers to serve in the military, permitting the parents of children born in the U.S. to stay here, and/or limiting the role that local governments have in helping to enforce federal immigration statutes. Importantly, the aide added that, if one or several of these items was not included in the actions, Democrats' support would not be diminished.

Rep. Luis Gutierrez — who Wednesday reiterated his call for Obama to protect 5 to 8 million undocumented immigrants — responded to the Democratic leaders supporting prompt and robust administrative action.

"Congressman Gutierrez thinks the president should go big, go broad, and go soon and he welcomes the fact that other Democrats are saying the same thing," his spokesman said. "It is important to the security, economy and well-being of the country – and the success of the policy – to go as big as the law allows the president to go."


Also on Thursday, a broad coalition of organizations that support prompt administrative action including National Council of La Raza (NCLR), UWD, NILC, Church World Service, the SEIU and AFL-CIO unions, and others, held an event asking for Obama "to expand immediate relief from deportations for millions of workers and families that are already a part of our American communities."

A potential delay, unsurprisingly, is a nonstarter among immigration activists who were apoplectic when Obama delayed his executive action until after the election at the behest of red state Democrats, many of whom lost on Tuesday night.

"Literally my first reaction is don't pee on my leg and tell me that it's raining," said Gabriela Domenzain, director of Hispanic press outreach for Obama's 2012 campaign, when asked about Axelrod's tweet. "if [the Republicans] want to do something, they can do their job and legislate. [Obama] has done everything to get them to the table."

Speaking of the reaction of the immigrant rights movement as a whole, Marielena Hincapié, executive director of the National Immigration Law Center said, "As soon as that gets floated out there we will pounce on that and make it clear that the administration can not listen to that."

For now, no one in immigration circles seems to be taking Axelrod's or Rendell's suggestion of delay very seriously. Ali Noorani, executive director of the National Immigration Forum, which represents the center-right push for immigration legislation with its Bibles, Badges, and Business coalition, said his members want executive action on the table. He's not advocating the White House delay executive action until the Republicans take over on Capitol Hill.

"If you have a bird in hand, you take it," he said.
Source

Pianoswithoutfaith 11-07-2014 12:42 AM

Re: Two Prominent Democrats Float Idea Of Delaying Immigration Actions
 
Okay, this has been bugging, if such EO passes, it would not benefit parents of dreamers? What if parents have kids who are both DACA and USCs?

Smooth 11-07-2014 12:55 AM

Re: Two Prominent Democrats Float Idea Of Delaying Immigration Actions
 
Quote:

Originally Posted by freshh. (Post 545428)
Finally, some Congressional Democrats have come out backing extending possible relief to parents of DACA beneficiaries. However, I find the wording used regarding the parents of USCs intriguing. Anyone with a little more knowledge of immigration law, is there a way for the parents of USCs to be granted parole in place or some other kind of status that would allow them to remain in the US until their child is 21?

Source

Contact Prena Lal on facebook. She knows.

drvenom 11-07-2014 02:09 AM

Re: Two Prominent Democrats Float Idea Of Delaying Immigration Actions
 
Quote:

Originally Posted by Pianoswithoutfaith (Post 545453)
Okay, this has been bugging, if such EO passes, it would not benefit parents of dreamers? What if parents have kids who are both DACA and USCs?

I honestly think that Parents of DACA beneficiaries are the last in line. I can't imagine DACA parents receiving relief before spouses of USC and parents of USC.

Pianoswithoutfaith 11-07-2014 02:13 AM

Re: Two Prominent Democrats Float Idea Of Delaying Immigration Actions
 
The thing is, my parents have a kid who under 18 but was born here. Now, I have DACA, so if such EO passes, would they be automatically be disqualified just because they have a son who got DACA? Or just applies to parents of DACA beneficiaries who are still under 18.

drvenom 11-07-2014 02:20 AM

Re: Two Prominent Democrats Float Idea Of Delaying Immigration Actions
 
Quote:

Originally Posted by Pianoswithoutfaith (Post 545520)
The thing is, my parents have a kid who under 18 but was born here. Now, I have DACA, so if such EO passes, would they be automatically be disqualified just because they have a son who got DACA? Or just applies to parents of DACA beneficiaries who are still under 18.

No one knows because such details are not out. We don't even know how they will decide who gets relief or not. I think the requirements will be close to what Fresh mentioned in another thread.

Pianoswithoutfaith 11-07-2014 02:24 AM

Re: Two Prominent Democrats Float Idea Of Delaying Immigration Actions
 
Hmmm See, cos if they do it that parents of DACA beneficiaries are disqualified regardless how old their DACA kids are and because they are parents of DACA despite being parents of USCS, I would abandon DACA by the country or telling them directly, so they can qualify for this.

Malign0n 11-07-2014 03:13 AM

Re: Two Prominent Democrats Float Idea Of Delaying Immigration Actions
 
Quote:

Originally Posted by Pianoswithoutfaith (Post 545520)
The thing is, my parents have a kid who under 18 but was born here. Now, I have DACA, so if such EO passes, would they be automatically be disqualified just because they have a son who got DACA? Or just applies to parents of DACA beneficiaries who are still under 18.

If they have citizen child(ren) that automatically would allow them to apply. Unless specifically specified, having undocumented children with or w/out DACA wouldn't disqualify them.

Malign0n 11-07-2014 03:16 AM

Re: Two Prominent Democrats Float Idea Of Delaying Immigration Actions
 
Also, we shouldn't really discuss something that isn't tangible yet. We don't know what the president's plans are nor can we say for certain who would absolutely with 100% certainty would qualify.

jtcomander 11-07-2014 04:04 AM

Re: Two Prominent Democrats Float Idea Of Delaying Immigration Actions
 
Get ready for a rollercoaster battle between the Pres. & house of congress for the next 2 yrs.

drvenom 11-07-2014 04:06 AM

Re: Two Prominent Democrats Float Idea Of Delaying Immigration Actions
 
Quote:

Originally Posted by jtcomander (Post 545572)
Get ready for a rollercoaster battle between the Pres. & house of congress for the next 2 yrs.

Are we talking oil or mud wrestling?

NK74 11-07-2014 04:37 AM

Re: Two Prominent Democrats Float Idea Of Delaying Immigration Actions
 
Quote:

Originally Posted by Pianoswithoutfaith (Post 545520)
The thing is, my parents have a kid who under 18 but was born here. Now, I have DACA, so if such EO passes, would they be automatically be disqualified just because they have a son who got DACA? Or just applies to parents of DACA beneficiaries who are still under 18.


No, DACA merely won't qualify them for relief. But being the parents of a USC will - if the Executive Action says so.

freshh. 11-07-2014 08:29 AM

Re: Two Prominent Democrats Float Idea Of Delaying Immigration Actions
 
Quote:

Originally Posted by Pianoswithoutfaith (Post 545453)
Okay, this has been bugging, if such EO passes, it would not benefit parents of dreamers? What if parents have kids who are both DACA and USCs?

It would benefit some parents of DREAMers, but depending on the wording (may be not all). My mother has 2 DACA beneficiaries and 2 USCs (minors) in our home.

Having DACA beneficiaries in a home definitely highlights the fact that mixed status families exist and should not disqualify a parent from potential relief, if they are also the parents of USC minors.

I believe the argument for the EO will be along the lines of deportation is a violation of the 8th Amendment, making it cruel and unusual punishment. This would be due to the length of stay. Our countries of origin change a lot in 5 years, much less 10+ years. The rights of undocumented immigrants are protected by the Constitution.

When Does Deportation Become Cruel and Unusual Punishment?

Do Illegal Aliens Have Constitutional Rights?

Smooth 11-07-2014 09:20 AM

Re: Two Prominent Democrats Float Idea Of Delaying Immigration Actions
 
"Literally my first reaction is don't pee on my leg and tell me that it's raining," said Gabriela Domenzain, director of Hispanic press outreach for Obama's 2012 campaign, when asked about Axelrod's tweet. "if [the Republicans] want to do something, they can do their job and legislate. [Obama] has done everything to get them to the table."

Right on point. If GOP hates EOs on immigration, pass CIR damn it.

Kari096 11-07-2014 12:08 PM

Re: Two Prominent Democrats Float Idea Of Delaying Immigration Actions
 
I would be terribly surprised if Obama extended deferred action to the parents of DREAMERS, but not to the spouses and parents of USC or LPR. That's a very popular proposal and can't see too many people in the center finding it unreasonable. I also hope he extends the cap for deferred action in regards to age I know many deserving people who fell outside of the age requirement.

Demise 11-07-2014 02:35 PM

Re: Two Prominent Democrats Float Idea Of Delaying Immigration Actions
 
Quote:

Originally Posted by Kari096 (Post 545593)
I would be terribly surprised if Obama extended deferred action to the parents of DREAMERS, but not to the spouses and parents of USC or LPR. That's a very popular proposal and can't see too many people in the center finding it unreasonable. I also hope he extends the cap for deferred action in regards to age I know many deserving people who fell outside of the age requirement.

Spouses of USCs don't need deferred action. They need parole in place. Besides, if you sit on your ass instead of getting the I-601A waiver then by all means, you deserve to stay illegal.

g33k 11-07-2014 02:59 PM

Re: Two Prominent Democrats Float Idea Of Delaying Immigration Actions
 
EO should be based on time rather than just be parents of USCs or parents of DACA beneficiaries. Ten years is a reasonable time. This will take care of older dreamers that didn't qualify for DACA, parents of USCs, as well as parents of DACA beneficiaries. It wouldn't be fair for a couple to receive EO after coming 2 years ago and having USC children as oppose to a coupe being here 10+ years and having no children for various reasons.

Pianoswithoutfaith 11-07-2014 03:07 PM

Re: Two Prominent Democrats Float Idea Of Delaying Immigration Actions
 
I might be just 10 years and parents of USCs.

freshh. 11-07-2014 03:15 PM

Re: Two Prominent Democrats Float Idea Of Delaying Immigration Actions
 
Quote:

Originally Posted by g33k (Post 545619)
EO should be based on time rather than just be parents of USCs or parents of DACA beneficiaries. Ten years is a reasonable time. This will take care of older dreamers that didn't qualify for DACA, parents of USCs, as well as parents of DACA beneficiaries. It wouldn't be fair for a couple to receive EO after coming 2 years ago and having USC children as oppose to a coupe being here 10+ years and having no children for various reasons.

I agree 100%. My issue is if the EO's requirements are so specific, that it leaves out deserving people.

Kari096 11-07-2014 03:29 PM

Re: Two Prominent Democrats Float Idea Of Delaying Immigration Actions
 
Quote:

Originally Posted by Demise (Post 545618)
Spouses of USCs don't need deferred action. They need parole in place. Besides, if you sit on your ass instead of getting the I-601A waiver then by all means, you deserve to stay illegal.

Well considering that I am a spouse of a USC and an applicant of the i601A waiver I can tell you that your comment is both ignorant and very misinformed. For those who have not realized this, our immigration system is very subjective. Our i601A was rejected because it failed to prove that my husband would suffer significant hardship. So I guess you're right anyone who doesn't apply for the waiver should remain "illegal" because it's such an easy, inexpensive, carefree process that causes absolutely no stress. My husband and I have tried to everything the right way, by the book, increase our chances, be responsible and in the end I paid close to $700 for someone to look at my app and say that my husband doesn't need me here and my absence is not a problem. So if anyone wants to tell me that USC spouses do not deserve or are in need of some relief from the EO the president will issue then I will gladly engage those people. But by all means if you have experience with the i601a and can relate then do so, otherwise any opinion on that subject is baseless. I have experience as a dreamer, a spouse of a USC, a child of a person who children have daca, a sister of someone who aged out, and as someone who parent failed to make any attempt to adjust the status of his children before he decided to pass away. So do I think spouses deserve some relief, hell yes I do.

Pianoswithoutfaith 11-07-2014 04:34 PM

Re: Two Prominent Democrats Float Idea Of Delaying Immigration Actions
 
Being married to an USC is a lot better than being here just illegally. While your case is sad and all, millions of people don't have any other path to adjust. Even while being that difficult take in mind you're trying to adjust your status entirely not just be deferred from deportation like many of us are.


With that being said, it will be interesting what's Obama idea of a good EO because if he makes it so that republicans can't challenge it. You better believe it's going to be a super strict EO

Kari096 11-07-2014 04:54 PM

Re: Two Prominent Democrats Float Idea Of Delaying Immigration Actions
 
I was simply stating my opinion as everyone else has about who they think should or not be included in an EO. I am sure everyone would prefer CIR instead of a narrowly tailored and, most likely, very strict EO. Even DACA has stipulation in it that do not apply when legalizing through a relative or other means. However, with a republican majority in both chambers that's not a reality. In fact, the republicans version of CIR probably means pumping more money to enforcement, rather than dealing with the human cost of immigration and fixing the legal process. The reason there is illegal immigration is because the means to legally immigrant are so stringent and broken.

My hope is that every group and category that has been lobbied for here will be included, but the reality is that not everyone is going to benefit. People will be narrowly left out and some will have an easier path to obtain some sort of legal status. others will not. It's a very sad process.

drvenom 11-07-2014 04:59 PM

Re: Two Prominent Democrats Float Idea Of Delaying Immigration Actions
 
Quote:

Originally Posted by Kari096 (Post 545623)
Well considering that I am a spouse of a USC and an applicant of the i601A waiver I can tell you that your comment is both ignorant and very misinformed. For those who have not realized this, our immigration system is very subjective. Our i601A was rejected because it failed to prove that my husband would suffer significant hardship. So I guess you're right anyone who doesn't apply for the waiver should remain "illegal" because it's such an easy, inexpensive, carefree process that causes absolutely no stress. My husband and I have tried to everything the right way, by the book, increase our chances, be responsible and in the end I paid close to $700 for someone to look at my app and say that my husband doesn't need me here and my absence is not a problem. So if anyone wants to tell me that USC spouses do not deserve or are in need of some relief from the EO the president will issue then I will gladly engage those people. But by all means if you have experience with the i601a and can relate then do so, otherwise any opinion on that subject is baseless. I have experience as a dreamer, a spouse of a USC, a child of a person who children have daca, a sister of someone who aged out, and as someone who parent failed to make any attempt to adjust the status of his children before he decided to pass away. So do I think spouses deserve some relief, hell yes I do.

Agreed. My lawyers just said not to bother with the waiver because they know I won't get it. They said to come back when there are kids involved or my wife is ill. Otherwise, they said its not worth the risk of being left out of the country if you get rejected. My difficulty arises because I aged out of DACA, but I was told by the lawyer that the process would have been easy if I had qualified for DACA.

Kari096 11-07-2014 05:10 PM

Re: Two Prominent Democrats Float Idea Of Delaying Immigration Actions
 
Quote:

Originally Posted by drvenom (Post 545632)
Agreed. My lawyers just said not to bother with the waiver because they know I won't get it. They said to come back when there are kids involved or my wife is ill. Otherwise, they said its not worth the risk of being left out of the country if you get rejected. My difficulty arises because I aged out of DACA, but I was told by the lawyer that the process would have been easy if I had qualified for DACA.

It's sad. How fair is it to the child to bring them into this situation of uncertainty? But that's literally what they want you to do. The bar for proving extreme hardship is extreme on it's own and not only that but it's not a uniform process. Some will get approved with what appears to be little hardship and others (like my husband and I) who have hardship supposedly don't have enough of it. It's ridiculous. I am saddened to hear you aged out. I hope the President does include something in his EO to extend deferred action to those dreamers who aged out of the original EO.

drvenom 11-07-2014 05:18 PM

Re: Two Prominent Democrats Float Idea Of Delaying Immigration Actions
 
Yes, I hope I get relief this time around. Well, I'm getting old too so I'm going to have a baby. I feel bad about bringing the baby into this uncertainty, but I'm not going to let this situation prevent me from making my own family. My wife is turning 30 and she doesn't want to have her first child after that age.

Kari096 11-07-2014 05:44 PM

Re: Two Prominent Democrats Float Idea Of Delaying Immigration Actions
 
Haha I just realized you're the dreamer I gave the advice to just start living your life in your thread about being tired of being undocumented. Good for you! My husband and I too are plowing forward with our lives. I wish you and your wife the best of luck starting your family! It's exciting when you actually when you actually plan a baby, but I think babies in general area exciting.

Pianoswithoutfaith 11-07-2014 06:01 PM

Re: Two Prominent Democrats Float Idea Of Delaying Immigration Actions
 
Is your wife USC drpoison?

drvenom 11-07-2014 08:01 PM

Re: Two Prominent Democrats Float Idea Of Delaying Immigration Actions
 
Quote:

Originally Posted by Pianoswithoutfaith (Post 545643)
Is your wife USC drpoison?

Yes, she is.

Demise 11-10-2014 12:19 AM

Re: Two Prominent Democrats Float Idea Of Delaying Immigration Actions
 
Quote:

Originally Posted by Kari096 (Post 545623)
Well considering that I am a spouse of a USC and an applicant of the i601A waiver I can tell you that your comment is both ignorant and very misinformed. For those who have not realized this, our immigration system is very subjective. Our i601A was rejected because it failed to prove that my husband would suffer significant hardship. So I guess you're right anyone who doesn't apply for the waiver should remain "illegal" because it's such an easy, inexpensive, carefree process that causes absolutely no stress. My husband and I have tried to everything the right way, by the book, increase our chances, be responsible and in the end I paid close to $700 for someone to look at my app and say that my husband doesn't need me here and my absence is not a problem. So if anyone wants to tell me that USC spouses do not deserve or are in need of some relief from the EO the president will issue then I will gladly engage those people. But by all means if you have experience with the i601a and can relate then do so, otherwise any opinion on that subject is baseless. I have experience as a dreamer, a spouse of a USC, a child of a person who children have daca, a sister of someone who aged out, and as someone who parent failed to make any attempt to adjust the status of his children before he decided to pass away. So do I think spouses deserve some relief, hell yes I do.

Get advance parole, depart, return, and file for adjustment then. Options are out there, a waiver denial is not the end of the road. If you want to try the I-601A waiver again then get a lawyer who knows his shit, while most forms with immigration are DIY, the waivers (I-601, I-601A, I-212, and some others) are NOT. Here you need god damn phone books of evidence and a lawyer who knows what kind of stuff works. What you did was that you tried to beat the odds, submitted what you thought was good enough, it wasn't, so USCIS rejected it, you tried to cut corners and it didn't work.

Besides, my comment was directed at people who marry USCs (or have 245(i) protection, or are otherwise eligible to fix their status somehow) and then sit around scratching their asses without thinking to make use of the situation, you have those sleepwalkers that go through life like that until something happens and then they suddenly find out that they could well use papers and if they acted a little sooner everything would work out just great. They generally wake up once they lose their old licenses (from pre-REAL ID times, or Immigration finally catches them and they end up in removal proceedings, or their employers notice that their documents are fake, or ... you get the picture).

newlife2012 11-10-2014 12:22 AM

Re: Two Prominent Democrats Float Idea Of Delaying Immigration Actions
 
If you record is clean, You should give the AP route a shot. ( I adjusted with this route)
This past week I was at the NY DMV and Social Security office with my GC ( Was getting all the temporary jargon removed from my documents) this felt so good. I didn't even care I lost 2 hours at the dmv.


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