President Obama’s threat
to the Congress i.e. the Republican controlled House of Representatives, that
he would issue “executive orders” to alter existing immigration law unless the
Congress passed his preferred version of a “comprehensive “ immigration reform
bill has finally happened. The schedule
for such action was of course manipulated to occur after the November mid-term
congressional elections in a tacit acknowledgement that the voting public would
probably disapprove and take out their displeasure on incumbent Democrats tied
to his unpopular policies. He was right
of course, but the temporary delay of his arbitrary and constitutionally
questionable action was not enough to offset the broad judgment of voters that
the Obama led direction of the nation was on “the wrong track”. The significant Republican “wave” of
victories from state legislatures, to state governors including “blue states”
of Massachusetts and Maryland, as well as the U.S. House and Senate, should
have been a bright warning light to the President that he was out of touch with
the voters. However, so cynically
convinced in his own moral and intellectual superiority is Obama that the
message did not penetrate his ideological certainty. This of course, was supported by the
desperate messages of election results denial employed by his supporters in the
press and the Congress. To the President
and his supporters, the election outcome was not about the failure of Obmacare
to achieve popular support, the failure of the 2009 “fiscal stimulus” to help
with middle class job creation, the Administration’s extensive scandal list or
his indecisive bungling of important foreign policies. It was, “geography”, low voter turnout, “not
doing a good enough job in getting the Administration’s message out”, and of
course, the “evil” Koch brother’s money.
Thus Obama’s post-election
message was not one of humility but defiance.
Concerned more with his “legacy” and continued popularity among core
ideological supporters, he chose not to accept reality and wait to work with
the new Republican controlled Congress to compromise on an effective
immigration bill. Instead he challenged
the Republicans in the House in the “lame duck” Congress which sits only until
January, and in which the Senate remains in control of the Democrats and Senate
Majority leader Harry Reid, to concede their own vision of effective
immigration reform. Of course, Obama
knew that was not going to happen, and their refusal would provide a media
based theatrical stage, for his executive action.
In policy terms, what
exactly has Obama accomplished?
1. The new policy will
affect an estimated 5 million illegals, most of whom are parents of children
who are U.S. citizens or legal residents. These individuals will be “shielded
from deportation” and get three year work permits, which are renewable. To be eligible’ these parents must have lived
in the U.S. for five years.
2. Also protected from
deportation are any children brought to the U.S. illegally before Jan. 1, 2010.
Applicants in the two
groups must apply and pay “administrative costs” and submit to a background
check.
A third group identified
only as “professionals”, or “talented entrepreneurs” will be given special
status to remain without fear of deportation.
Obama’s executive order does
not include a “path” to permanent residence or citizenship, nor does it provide
eligibility for government benefits i.e. welfare, Obamacare. But in a late announcement the White House
now says that those newly protected from deportation but still without
permanent residence status or citizenship, will be eligible for Social Security
benefits and Medicare.
This looks like another
Obama policy that will create another huge bureaucracy with non-transparent
rule making authority. It raises several
important questions. If the three year
work permits are renewable it creates an open ended and permanent condition of
temporary legality for millions of people.
If these “temporary” workers are convicted of crimes do they lose their
protection from deportation? The same
question applies to the millions of children brought illegally who are now
protected from deportation, even as they reach adulthood.
Is it really feasible to
conduct background check on 5 million people all at once. What will be the standards that define “pass
or fail”. Will those that fail whatever
standards are used for the checks be subject to deportation?
Obama is essentially
eradicating the consequences of illegal entry into the U.S. for all immigrants,
except a statistically few who fall into the category of “serious criminals”
because besides granting work permits to the estimated five million parents of
children, legal and illegal, he is ordering Immigration and Customs Enforcement
(ICE) to not “actively” try to deport the remaining six million illegals who
don’t qualify for the new program.
In addition, ICE will end
the Secure Communities Program” which linked federal and local authorities to
identify illegals who entered state and local criminal justice systems. Now, only illegals “convicted of serious
crimes” will be referred to ICE.
With respect border
enforcement, only a vague statement of “additional resources” being made
available was included.
Taken together Obama has through
executive order cancelled the nation’s immigration policies and encouraged
millions of additional immigrants, to enter illegally to take advantage of the
next “reform” package.
Besides being bad policy,
this President who came into office in 2008 promising to work across party
lines through compromise and leadership has now culminated six years of blaming
Republicans for “doing nothing” by not accepting his policies as stated, and by
telling the new Republican majorities in both houses of Congress that he will
act without them to “legislate” his preferred agenda. His empty assertion that if the Congress
passes an “acceptable’ Immigration Reform before January 1, 2015, his executive
action will no longer apply, fools no one.
The divided “lame duck” Congress will not and cannot act on this, and in
any case would not pass legislation that duplicates Obama’s blanket amnesty.
A Republican led
immigration reform effort should be prioritized once the new Congress is
convened. Recognition of the reality
that eleven million illegal immigrants spread across the nation cannot be
deported will have to be addressed.
Republicans however have stressed that before concessions to the
existing group of illegals is made, that first border control must be enforced
so that whatever reform policy that follows does not stimulate another surge of
illegal immigration. Granting legal
residency to those already here makes sense but including a path to citizenship
as a reward for entering the country illegally makes little sense. Of course, any Republican constructed reform
legislation will face an Obama veto as he is content to perpetuate his
quasi-reform for the last two years of his administration.
The political impact of his arbitrary action however will extend to
attempts to deal with numerous other important public policy needs. As Speaker of the House Boehner has stated,
the “well has been poisoned”. Obama has
dismissed the constitutionally established
powers of the Congress:
Article 1. Section. 1.
“All legislative Powers herein granted shall be vested in
a Congress of the United States, which shall consist of a Senate and House of
Representatives.”
Now a wall of mutual distrust and
animosity has been overlaid on an existing level of ideological gridlock. Budgets, foreign policy and trade initiatives,
environmental policies, infrastructure, minimum wage levels and national
security policies will all feel the weight of Obama’s indifference and
hostility to congressional prerogatives.
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