Pres. Obama Planning Executive Order on Immigration

[Frodo]

The White House Is Spoiling for a Fight on Immigration:
Obama seems determined to push ahead, despite the fears of some Democrats.

BY JAMES OLIPHANT
August 29, 2014

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[Grumpier Than Thou]

Splendid news!

[SPC]

How is issuing executive orders negating enforcement of part of the law substantively different from the line-item veto power the Supreme Court has already ruled unconstitutional?

[Cory]

Splendid news!

[TDAS04]

Splendid news!

[Starbucks Union Thug HokeyPuck]

Yay!  Thank you President Obama for protecting these poor people who just want to have some opportunity!  I can't wait to see the racists throw their usual hissy fit.  It's funny how the GOP likes to say racism is dead as they exploit it for votes.

[SWE]

executive overreach imo

[True Federalist (진정한 연방 주의자)]

How is issuing executive orders negating enforcement of part of the law substantively different from the line-item veto power the Supreme Court has already ruled unconstitutional?

Because the money would still get spent.

[Queen Mum Inks.LWC]

Yay!  Thank you President Obama for protecting these poor people who just want to have some opportunity!  I can't wait to see the racists throw their usual hissy fit.  It's funny how the GOP likes to say racism is dead as they exploit it for votes.

But what if that protection comes at the cost of checks and balances?  Americans so frequently cheer unconstitutional laws and acts that they feel are "right" or "just".  The problem is that government overreaches aren't always "right" and "just", and people's opinions of what is "right" get skewed during times of crisis... look at Hamdi v. Rumsfeld.  These constitutional provisions exist for a reason, and while it may impede social changes that some feel are needed, they also provide protections for the people.

[Antonio the Sixth]

Splendid news!

[Cory]

Yay!  Thank you President Obama for protecting these poor people who just want to have some opportunity!  I can't wait to see the racists throw their usual hissy fit.  It's funny how the GOP likes to say racism is dead as they exploit it for votes.

Yes! This might be the second best thing Obama does in his Presidency. The first being giving health insurance to millions of American who otherwise would've went uncovered.

I can't wait!

[SPC]

How is issuing executive orders negating enforcement of part of the law substantively different from the line-item veto power the Supreme Court has already ruled unconstitutional?

Because the money would still get spent.

Would the money still be spent on enforcing the law created by Congress? Given that the executive order explicitly states that it would not enforce the law for a certain class of people, how can that be interpret as anything other than a "creative reinterpretation" of the law as Congress passed it?

[Bacon King]

You guys are thinking way too broadly, this isn't going to be an overt power play that attempts to rewrite federal statute.

Existing Federal law already authorizes the Department of Homeland Security unilateral discretion to "parole" any alien from certain immigration admissibility requirements for a humanitarian reason or other significant national interest. This can be granted to an undocumented immigrant residing within the United States without requiring them to leave the country, in which case it is colloquially termed a "parole-in-place". An undocumented immigrant granted such a parole is thereafter allowed to legally petition for a change of immigration status since they're no longer inadmissible due to being "present in the United States without admission or parole".

This is the exact statutory mechanism the Obama administration used last year to grant amnesty to the immediate family members of military servicemen/women and reservists; the cited "significant national interest" was essentially "they will fight for Murica better if their families can be Murican too"

This link is to a USCIS memo explaining the legal logic in more detail. It would be incredibly easy, and legal, to broaden this decision to adapt it to cover most/all current undocumented immigrants that are in the US long term.

[True Federalist (진정한 연방 주의자)]

How is issuing executive orders negating enforcement of part of the law substantively different from the line-item veto power the Supreme Court has already ruled unconstitutional?

Because the money would still get spent.

Would the money still be spent on enforcing the law created by Congress? Given that the executive order explicitly states that it would not enforce the law for a certain class of people, how can that be interpret as anything other than a "creative reinterpretation" of the law as Congress passed it?

If the appropriation was hyperspecific as to what the funds could only be spent on, but I sincerely doubt that it gets to the point of specifying for example that $78 million dollars shall be spent on enforcement activities against those who have overstayed tourist visas from Ireland.  It's not as if there won't still be plenty of deportations, it's just that the focus would be even more against those newly arrived and on those who did any non-immigration crimes here than is now the case.

[jaichind]

http://www.nytimes.com/2014/09/07/us/politics/obama-said-to-delay-executive-action-on-immigration.html?_r=0

Looks like this will get pushed back until after the election.   Immigration activists will now be steaming mad since Obama kept their hopes up only to let them down.

[Blue3]

I don't understand why they're so mad if it's just delayed a few months.

[Queen Mum Inks.LWC]

That made me lose quite a bit of respect for Obama.  If you're going to take action because you think it's the right thing to do, holding off until you're in the safe zone from political retribution is a pretty scummy way of doing it.  So what's the reason for immigration change?  He's lost any ability to effectively advocate for his position by pushing off past November.

[KCDem]

That made me lose quite a bit of respect for Obama.  If you're going to take action because you think it's the right thing to do, holding off until you're in the safe zone from political retribution is a pretty scummy way of doing it.  So what's the reason for immigration change?  He's lost any ability to effectively advocate for his position by pushing off past November.

Oh give me a break. Politicians do this all the time.

[Queen Mum Inks.LWC]

That made me lose quite a bit of respect for Obama.  If you're going to take action because you think it's the right thing to do, holding off until you're in the safe zone from political retribution is a pretty scummy way of doing it.  So what's the reason for immigration change?  He's lost any ability to effectively advocate for his position by pushing off past November.

Oh give me a break. Politicians do this all the time.

Sure, but it doesn't work with something like immigration.  Tell me: why is Obama's immigration reform necessary?

[Free Bird]

That made me lose quite a bit of respect for Obama.  If you're going to take action because you think it's the right thing to do, holding off until you're in the safe zone from political retribution is a pretty scummy way of doing it.  So what's the reason for immigration change?  He's lost any ability to effectively advocate for his position by pushing off past November.

[badgate]

Tell me: why is Obama's immigration reform necessary?

Because the House failed to act.

[Antonio the Sixth]

Yeah, this is pathetic and also quite stupid. Democrats have yet to understand that they have much more to lose by spitting on their base at any occasion than by slightly turning off a handful of "moderates" by ever doing anything bold.

[Yank2133]

Lmao at the concern trolling by the usual suspects.

Obama's decision is just common sense. With Obamacare becoming irrelevant, the economy in decent shape, and the fact that Americans don't really care about foreign policy, Obama simply took the last major issue prior to the election of the plate.

Liberals will whine and bitch about it on the internet like they always do, but this isn't that big of a deal.

[Free Bird]

Obama needs to stop using executive orders left and right, and I have no respect for you if you think he can just continuously disregard congress like this

[IceSpear]

Lmao at the concern trolling by the usual suspects.

Obama's decision is just common sense. With Obamacare becoming irrelevant, the economy in decent shape, and the fact that Americans don't really care about foreign policy, Obama simply took the last major issue prior to the election of the plate.

Liberals will whine and bitch about it on the internet like they always do, but this isn't that big of a deal.

Truth. It's only 58 days until the election. People act like he's postponing it indefinitely or backed off doing it at all.