USA Today
By Alan Gomez
August 27, 2014
After
two years of failed attempts in Congress and months of internal
deliberations, President Obama is likely to go it alone in the coming
weeks and roll out a series
of unilateral changes to the nation's immigration system.
The
options could be far-reaching, from shielding millions of undocumented
immigrants from deportation to tweaking the immigration system to allow
more foreign workers
into the country.
The
announcement will undoubtedly kick off a heated debate between
immigration advocates and hard-liners. It could prove the signature of
Obama's immigration legacy and
prompt lawsuits against his administration. It could even influence
elections critical for Republicans trying to regain control of the
Democrat-controlled Senate.
Both
sides have lined up for weeks, offering suggestions, recommendations
and admonitions. Immigration advocates have huddled with White House
officials to stress how
broad Obama's legal authority is. On Twitter, they use the hashtag
#GoBigObama.
"President
Obama can and should undertake administrative reforms that are broad,
inclusive and that benefit a significant portion of the 11 million
Americans in waiting,"
said Marielena Hincapié, executive director of the National Immigration
Law Center, referring to the more than 11 million undocumented
immigrants in the USA. "If the administration decides to make less
significant administrative reforms, it will be because
of today's politics, not the law or historic precedent that will have
held him back."
Critics
say Obama has crossed a constitutional line and will break the law if
he protects more undocumented immigrants from deportation. On Twitter,
they compare him to
Roman emperors.
"This
is opening up a constitutional can of worms that threatens to
fundamentally challenge our system of governance to one of elected
monarchs every four years who write
their own laws," said Mark Krikorian, executive director of the Center
for Immigration Services. If Obama protects millions of undocumented
immigrants from deportation, "it would represent the greatest power grab
by a president in peacetime."
Here is a look at five changes proponents and critics of the White House say could be on the way:
1. DEPORTATION REPRIEVES
In
2012, Obama created a program called Deferred Action for Childhood Arrivals, or DACA, which allowed undocumented immigrants brought to the
country as children to apply
to the federal government to be removed from consideration for
deportation for two years. More than 550,000 people have been approved,
and many of those are in the process of applying for two-year
extensions.
The
president may expand that pool considerably. Possible beneficiaries
include parents, siblings and spouses of DACA recipients, parents of
U.S.-born children and undocumented
immigrants who have lived in the USA for long periods of time.
Immigration advocates have estimated up to 5 million undocumented
immigrants could benefit.
A
group of Immigration and Customs Enforcement agents sued the president
over DACA, arguing it violated his congressional mandate to carry out
immigration enforcement
laws.
Immigration
advocates say the president is well within his constitutional authority
to decide which of the nation's undocumented immigrants should be
targeted for deportation
given the government's limited funding.
The
president could grant "temporary protected status" to people from
countries ravaged by war, violence or disasters. Or he could use various
forms of "parole" granted
to undocumented immigrants such as those with immediate relatives in
the U.S. military.
2. WORK AUTHORIZATION
When
undocumented immigrants are approved for DACA, they are eligible for a
work permit that allows them to legally work in the country. Any
expansion of that program
would probably include a similar ability to work.
Business
groups are pressing the White House to change some regulations that
govern foreigners trying to enter and work in the USA. For example, a
technical change in
federal regulations could free up hundreds of thousands of green cards
for foreign workers. Obama could also change a rule that restricts the
spouses of foreigners working in high-tech fields from working while in
the country.
Agricultural
groups are pressing Obama to change visas for lower-skilled workers.
The system makes it difficult for farmers and ranchers to quickly bring
in workers they
need, something they want Obama to address on his own without
congressional authority.
Opponents such as Sen. Jeff Sessions, R-Ala., have argued that such efforts would take jobs away from Americans.
"Tens
of millions of Americans are on welfare, unemployment and public
assistance," Sessions said recently. "Yet the White House and their
Senate majority seem more concerned
about the economic demands of large corporations or the citizens of
other countries than about getting our own citizens back to work into
stable jobs that can support a family and uplift a community."
3. POLICE AUTHORITY
Over
the course of Obama's presidency, the Department of Homeland Security
has expanded a program to every U.S. county called Secure Communities
that gives police the
ability to check the immigration status of people they've arrested for
other crimes.
Proponents
say its critical to help federal officials know immediately when
immigration law violators are in custody. Once a person is flagged, ICE
can request that police
hold onto that suspect, even after their local charges have been
cleared, so federal officials can pick them up and process them for
immigration violations.
The
program has been lambasted by immigration advocates and some law
enforcement officials who say it breeds distrust between undocumented
immigrants and the police officers
who patrol their neighborhoods. A growing number of cities and states
from California to Maryland to Oregon have refused to comply with the
federal requests to hold the violators.
Another
program, known as 287(g), deputizes police to help enforce immigration
laws. The Obama administration has not pushed for a nationwide rollout
of the program like
it did with Secure Communities, but 34 local agencies use it.
Immigration advocates hope the president scales back those programs or eliminates them.
4. MILITARY SERVICE
Law prohibits undocumented immigrants from serving in the armed forces.
A
change in that policy has been proposed by Democrats and Republicans
alike. Rep. Jeff Denham, R-Calif., proposed the ENLIST Act this year,
which would allow some undocumented
immigrants to join the military and get a green card after their
service, but House Speaker John Boehner, R-Ohio, did not bring it to the
House floor.
The
secretary of Defense has the power to allow some immigrants to enlist
if their skills are considered vital to "national interests." Obama
could use that power to expand
the number of undocumented immigrants who can join the military.
Some
legislators are concerned that U.S. citizens with undocumented
immigrant dependents have been barred from joining the military. Obama
could eliminate that hurdle
or provide a more uniform set of rules for those cases.
5. CENTRAL AMERICAN CHILDREN
Before
Congress adjourned for its August recess, Obama requested $3.7 billion
to help the federal government deal with the 50,000 Central American
children caught crossing
the border. Congress left town without approving any funding, and that
could open the door for the president to make some changes on his own.
The
administration has redirected funding and manpower toward the border.
ICE agents, immigration judges and U.S. attorneys are being reassigned
from the interior of the
country to the border to process the waves of unaccompanied children
being caught. Immigration courts face years-long backlogs, so the
president could make broad changes to speed up the deportation hearings
of those caught.
In
2011, the administration published a new set of guidelines dictating
where federal authorities would focus their deportation efforts. For
example, undocumented immigrants
with extensive criminal records, those who pose a threat to national
security and repeat border-crossers would be targeted before others. The
president could change those priorities to focus more on Central
Americans caught crossing the border.
For more information, go to: www.beverlyhillsimmigrationlaw.com
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