President Barack Obama will flex his executive powers Thursday night when he announces that he is skirting Congress to take federal action on immigration reform — a move widely panned by Republicans and one that could herald the start of the most partisan confrontation during Obama’s presidency.
Obama’s measures — among them, the possible reprieve from deportation for parents of U.S. citizens — could make roughly 5 million people eligible for work permits.
Others who stand to benefit include young immigrants who entered the United States illegally but who do not benefit from Obama’s 2012 executive action granting work permits to young immigrants, known as Deferred Action for Childhood Arrivals, or DACA. DACA allowed immigrants under 31 who had arrived in the U.S. before 2007 to apply for deportation reprieve. And analysts say that one measure Obama is likely to announce Thursday would remove the age limit.
"What I'm going to be laying out is the things that I can do with my lawful authority as president to make the system better, even as I continue to work with Congress and encourage them to get a bipartisan, comprehensive bill that can solve the entire problem," Obama said in a video posted Wednesday on Facebook.
But with an estimated 12 million undocumented immigrants living in the country, Obama’s actions will surely leave millions unprotected from deportation. Among those who may remain exposed are the parents of young immigrants who may be granted a deportation reprieve. That will rile immigrants and their advocates who argue that families will continue to be separated. And the president’s executive action is not expected to protect farm workers — safeguards sought by the United Farm Workers.
Despite the expected reprieve for millions of immigrants, none of them will benefit from a path to citizenship. And any progress on the issue from Obama could be reversed in two years by a new president. Immigration advocates argue that any action Obama takes tonight will fall short of what comprehensive immigration reform— approved by the Senate this summer but never taken up by the House — would have accomplished.
The Senate-approved bill would have established broader security standards on the U.S.-Mexico border, allowed 12 million undocumented immigrants to obtain work permits and begin a 10-year path toward legal residency and, ultimately, citizenship.
Immigration advocates on Wednesday worried that millions of immigrants would not participate in Obama’s actions, fearing that Republicans or a new president would reverse any executive decision.
"If the reaction to this is that the Republicans are going to do everything they can to tear this apart, to make it unworkable, the big interesting question will be will our folks sign up knowing that there is this cloud hanging over it," said Janet Murguia, president and CEO of the National Council of La Raza.
Pro-immigration groups on Thursday delivered thousands of petitions to the White House urging Obama to take resolute steps on executive action. They called on the president to expand deferred action to undocumented immigrants who would have qualified for a path to citizenship under the Senate measure.
“Republicans had their chance to pass immigration reform, and they squandered it,” Frank Sharry, executive director of America’s Voice, said in a statement. “Now it’s time for the president to follow through on his promise and deliver bold executive action that lets millions of immigrants who have established deep ties to America live freely, work legally and make a bigger contribution to our tax base and economy.”
Republicans will fiercely oppose any action Obama announces Thursday. But they appear deeply divided over how to respond. Conservative GOP members have threatened to pursue a government shutdown if the president goes ahead with executive action. And two-term Rep. Mo Brooks of Alabama raised the idea of impeachment on Wednesday.
But other Republicans called for a measured response. Sen. Lindsey Graham, R-S.C., said executive action would not address what he called a broken immigration system.
"Our response has to be measured — can't capitulate, can't overreact," he said. "Impeachment or shutting down the entire government would be an unwise move."
Republicans, who will have majorities in the House and Senate at the start of the year, could use spending bills as a tool. A current spending measure to keep the government running expires next month and one option was to approve another short-term spending bill until February, when Republicans are in full control of Congress.
"We're looking at what our levers are, and that's clearly the funding power," said Sen. John Cornyn of Texas, a member of the Senate Republican leadership. He added, however, "None of us want any unnecessary drama associated with the funding process."
With wire services
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