September 18, 2018

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Democratic Senators seek documents from Kraninger about her role in “zero-tolerance” policy

Democratic Senators Elizabeth Warren and Sherrod Brown have sent a letter to Kathy Kraninger, President Trump’s nominee for CFPB Director, seeking documents and other information about Ms. Kraninger’s role in the development and implementation of the Trump Administration’s “zero-tolerance” policy for individuals attempting illegal entry into the United States.

While not mentioned in her letter, Senator Warren has indicated on Twitter that she will place a hold on Ms. Kraninger’s nomination until she provides the requested documents and information.  According to media reports, the White House expected a Democratic Senator to place a hold on the nomination and that it would be necessary for Republican Senators to invoke cloture to move Ms. Kraninger’s nomination to a final vote.  Given that Ms. Kraninger’s nomination extends Mr. Mulvaney’s tenure as Acting Director while the nomination is pending (and significantly beyond), a hold by Senator Warren would not appear to disadvantage the White House.

In her letter, Senator Warren states that, in her role as Program Associate Director for General Government Programs at OMB, Ms. Kraninger oversees seven agencies, including DOJ and Homeland Security, and that such oversight includes providing “ongoing policy and management guidance” and “oversee[ing] implementation of policy options.”  According to Senator Warren, since Ms. Kraninger has served in her oversight role while DOJ and Homeland Security developed and implemented the “zero-tolerance” policy, Ms. Kraninger may have been involved in providing guidance on the policy, helped to implement the policy, and worked with Homeland Security on budgetary and funding issues as it adjusted to the policy.

The letter lists six areas of inquiry as to which Ms. Kraninger is asked to provide documentation and other information.

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About this Author

Barbara S. Mishkin, Ballard Spahr, Philadelphia, Deceptive Practices Lawyer, Fair Debt Collection Practices Act, Gramm Leach Bliley
Of Counsel

Barbara Mishkin focuses on consumer compliance and banking law. The federal laws with which Ms. Mishkin has dealt extensively include the Truth in Lending Act, Equal Credit Opportunity Act, Real Estate Settlement Procedures Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act, and Gramm-Leach-Bliley Act. She also has significant experience with state usury and lender licensing laws, as well as state laws prohibiting unfair and deceptive acts and practices.

American Bar Association, member, Consumer Financial Services Committee;...

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