Wall Street Journal
By Laura Meckler
November 12, 2014
WASHINGTON—A
bloc of Republican lawmakers is seeking to use must-pass spending
legislation in the final weeks of the year to place limits on President
Barack Obama ’s ability to loosen immigration
rules, threatening to split the party in Congress.
Mr.
Obama has said that he would act unilaterally by year’s end to change
immigration policy, likely by giving many illegal immigrants new
protections against deportation. Republicans and
some Democrats have said Mr. Obama shouldn’t act without congressional
approval.
Now,
some Republicans are pushing for Congress to make a move before Mr.
Obama does. More than 50 House lawmakers have signed a letter saying
that language barring the president from acting
alone should be attached to legislation needed to keep the government
operating after Dec. 11, when its current funding expires.
Others
in the party, including GOP leaders, are wary of forcing a budget
showdown with the president over the issue, saying voters are eager for
politicians to work together. Sen. Mitch McConnell
(R., Ky.), who is poised to become Senate majority leader in January,
has said flatly that there will be no government shutdown like the one
in 2013 that was politically harmful to his party.
The
result is that barely a week after their broad election victories,
party leaders will have to decide whether to override conservatives’
demands in favor of a more pragmatic approach. Party
leaders also will have to decide when and how hard to fight the
president over immigration, an issue that is important to the growing
bloc of Hispanic voters who are expected to carry more sway in the 2016
elections than they did this fall.
At
issue is whether some of the 11 million people who are in the U.S.
illegally should be allowed to live and work openly, and whether Mr.
Obama has the authority to allow that without legislation.
Immigration advocates say there is legal precedent and a humanitarian
imperative for Mr. Obama to act. Republicans say he is in danger of
exceeding his authority.
“Everybody
has said they want to do something to stop his recklessness. If we have
an opportunity to actually do something rather than complain…why
shouldn’t we?” said Rep. Matt Salmon (R.,
Ariz.).
Mr.
Salmon organized the letter urging the House Appropriations Committee
to include language in the spending bill to bar funding for any
executive action in the coming spending bill.
GOP
leaders made clear in the days after the election that they wanted to
set their own agenda when they control of both chambers next year
without any lingering fights about spending for
the current fiscal year. The leaders also want to look for other ways
to push back against the president’s moves on immigration, said a senior
Senate GOP aide.
House
Appropriations Committee Chairman Hal Rogers (R., Ky.) said it would be
unrealistic to expect the president would sign a spending bill that
included the immigration language.
“I don’t want a shutdown,” he said. “You should not take a hostage that you can’t shoot.”
Sen.
John Cornyn of Texas, the No. 2 Republican in the Senate, said views
within the party differed on how to handle the matter. “I don’t think
there’s any consensus yet,” he added.
Some
Republicans argue that if they cannot move a spending bill for the rest
of the fiscal year with the immigration language attached, they should
pass a short-term funding measure and revisit
the matter early next year.
The
controversy stems from expectations that Mr. Obama will expand a
program that gives certain illegal immigrants who are settled in the
U.S. temporary permission to stay and the chance to
get work permits.
Mr.
Obama’s legal rationale is likely to be that the government doesn’t
have the resources to deport all 11 million illegal immigrants, so those
with deep ties to the U.S., and who are unlikely
to be deported, should be allowed to live and work openly in the
country.
The
president is under intense pressure from immigration advocates and
Latino groups to protect as many people as possible. Senate Democratic
leaders, including Majority Leader Harry Reid
of Nevada, also have encouraged the president to take action, despite
GOP assertions this would derail bipartisan cooperation.
“The
president should use the authority he has to try to make sure the law
is enforced fairly and justly—to protect this country and be sensitive
to the real-life struggles these families
are facing,” said Senate Majority Whip Dick Durbin (D., Ill.).
White
House officials say they have not decided on the timing of an
announcement, but one factor has been a desire to push it past Dec. 11,
when the existing funding measure expires, in hopes
that the two issues would not become entangled. But many Republicans
are now pushing for congressional action even before an announcement.
A
half-dozen Republican senators, including Jeff Sessions of Alabama and
Ted Cruz of Texas, wrote to Mr. Reid to demand that the Senate block Mr.
Obama’s move. They vowed to “use all procedural
means necessary” to address the matter.
Separately,
Sens. Cruz and Mike Lee (R., Utah) said they would question Loretta
Lynch, Mr. Obama’s nominee for attorney general, about whether his plans
on immigration are “constitutional
and legal.” In the House, Rep. Mo Brooks (R., Ala.) said he supports
filing a lawsuit against Mr. Obama over the expected immigration action.
Conservatives
said they aren’t concerned about accusations of prompting a government
shutdown, because they believe voters endorsed their views on
immigration. “They’re tired of the president
circumventing Congress,” said Rep. Randy Weber (R., Texas), “They’ve
given us, Republicans, both houses” of Congress.
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