On Thursday November 20, 2014 President Obama announced sweeping changes to the immigration policy of the United States. He did this through an Executive Order. What do you think of President Obama's new policy and his means of carrying it out?
Obama's Executive Order to grant up to five million immigrants protection from deportation is not anything new. Back in 1990, Bush moved to allow 1.5 million undocumented spouses and children of immigrant who were in the process of becoming legal permanent residents to stay in the country and receive work permits. That was 40% of the illegal immigrant population, while Obama's order would affect 45%. However, it is true that Bush's decision only affected 1.5 million to Obama's 5 million, a massive difference, and as a result there would be much more difficulty in accommodating so many people with jobs, housing and more. In regards to the constitutionality of this decision, the President can issue Executive Orders from the "executive power" mentioned in Art. II, Sec.1. Sec. 3 also calls for the president to "take Care that the Laws be faithfully executed." As the President, Obama has access to “prosecutorial discretion” to decide when he will or will not prosecute criminal infractions, and since in his speech he specifically pointed out that he would be targeting criminals and gang members, he has full authority to act on said prosecutorial discretion. The Republican response thus far includes bashing President Obama's decision and referring to his unilateral actions as abuse of power. The Republicans should in fact, as they have control of both Houses, be trying to pass a comprehensive bill to further stem the flow of illegal immigrants and pave a more pragmatic path to citizenship for the illegal immigrants already in the country. Like Obama said, it's not pragmatic to deport 12 million people from the country. It just is not within the realms of the possibility, ethically or financially. So until Congress can settle on common sense compromises, action must be taken, and President Obama's decision, although a bit over the top in amount, might be the only practical solution for the time being.
Obama's Executive Order to grant up to five million immigrants protection from deportation is not anything new. Back in 1990, Bush moved to allow 1.5 million undocumented spouses and children of immigrant who were in the process of becoming legal permanent residents to stay in the country and receive work permits. That was 40% of the illegal immigrant population, while Obama's order would affect 45%. However, it is true that Bush's decision only affected 1.5 million to Obama's 5 million, a massive difference, and as a result there would be much more difficulty in accommodating so many people with jobs, housing and more. In regards to the constitutionality of this decision, the President can issue Executive Orders from the "executive power" mentioned in Art. II, Sec.1. Sec. 3 also calls for the president to "take Care that the Laws be faithfully executed." As the President, Obama has access to “prosecutorial discretion” to decide when he will or will not prosecute criminal infractions, and since in his speech he specifically pointed out that he would be targeting criminals and gang members, he has full authority to act on said prosecutorial discretion. The Republican response thus far includes bashing President Obama's decision and referring to his unilateral actions as abuse of power. The Republicans should in fact, as they have control of both Houses, be trying to pass a comprehensive bill to further stem the flow of illegal immigrants and pave a more pragmatic path to citizenship for the illegal immigrants already in the country. Like Obama said, it's not pragmatic to deport 12 million people from the country. It just is not within the realms of the possibility, ethically or financially. So until Congress can settle on common sense compromises, action must be taken, and President Obama's decision, although a bit over the top in amount, might be the only practical solution for the time being.
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