United States Immigration Reform

Oct 5, 2022:

Aug 24, 2022:

Jul 16, 2021:

Feb 21, 2017:

The U.S. Department of Homeland Security (DHS), now headed by DHS Secretary John Kelly, issued two memos which implement and define specifics of the two executive orders issued on January 25 regarding immigration.

The first memo entitled "Implementing the President's Border Security and Immigration Enforcement Improvements" addresses the executive order entitled "Executive Order: Border Security and Immigration Enforcement Improvements".

The second memo entitled "Enforcement of the Immigration Laws to Serve the National Interest" addresses the executive order entitled "Executive Order: Enhancing Public Safety in the Interior of the United States".

In summary, the memos do the following:

  • greatly increase the number of immigrants who are prioritized for deportation, including those here illegally who may have committed a crime but have not been charged, those who have "abused any program related to receipt of public benefits," or those an immigration officer deems a risk to public safety or national security
  • end the "Catch and release (U.S. immigration policy)"
  • provide for the hiring of thousands of additional customs enforcement agents and officers, and border patrol agents
  • expand a federal program that enlists state and local police to enforce immigration laws
  • create a new "Victims of Immigration Crime Engagement (VOICE) office responsible for communications between ICE and victims of crimes committed by illegal aliens
  • do not affect Deferred Action for Childhood Arrivals (DACA, also known as "dreamers")

Here's more detail regarding VOICE:

Criminal aliens routinely victimize Americans and other legal residents. Often, these victims are not provided adequate information about the offender, the offender's immigration status, or any enforcement action taken by ICE against the offender. Efforts by ICE to engage these victims have been hampered by prior Department of Homeland Security (DHS) policy extending certain Privacy Act protections to persons other than U.S. citizens and lawful permanent residents, leaving victims feeling marginalized and without a voice.

Accordingly, I am establishing the Victims of Immigration Crime Engagement (VOICE) Office within the Office of the Director of ICE, which will create a programmatic liaison between ICE and the known victims of crimes committed by removable aliens. The liaison will facilitate engagement with the victims and their families to ensure, to the extent permitted by law, that they are provided information about the offender, including the offender's immigration status and custody status, and that their questions and concerns regarding immigration enforcement efforts are addressed.

To that end, I direct the Director of ICE to immediately reallocate any and all resources that are currently used to advocate on behalf of illegal aliens (except as necessary to comply with a judicial order) to the new VOICE Office, and to immediately terminate the provision of such outreach or advocacy services to illegal aliens.

Regarding DACA, in his news conference last Thursday Trump expressed concern and empathy for DACA recipients:

We're gonna show great heart, DACA is a very, very difficult subject for me, I will tell you. To me, it's one of the most difficult subjects I have because you have these incredible kids.

In many cases, not in all cases. And some of the cases, having DACA and they're gang members and they're drug dealers, too. But you have some absolutely, incredible kids, I would say mostly. They were brought here in such a way — it's a very — it’s a very, very tough subject.

Source:

Federal News Service. (February 16, 2017). "Full Transcript and Video: Trump News Conference". The New York Times. Retrieved 2017-02-22.

However, there are three ways in which the DACA program could be ended without Trump issuing an executive order:

  • Attorney General Jeff Sessions could instruct the U.S. Department of Justice to review the DACA program. If the Justice Department concludes that DACA is not legal or is no longer "a responsible use of prosecutorial discretion", the Justice Department would instruct the Department of Homeland Security to stop issuing and renewing DACA work permits.
  • Several states are considering filing a lawsuit similar to lawsuits filed after Obama's executive actions on immigration in 2014. Attorney General Jeff Sessions could instruct the U.S. Department of Justice to not defend the case.
  • Homeland Security Secretary John Kelly could instruct U.S. Citizenship and Immigration Services to stop issuing DACA work permits.

Any of these ways would deflect some of the political consequences away from Trump if he instead issued an executive order, but given what Trump has said about DACA, it seems unlikely that anyone in his administration would do anything contradictory to what he has said.

Jan 25, 2017:

Trump signed two executive orders:

June 23, 2016:

The U.S. Supreme Court reached a 4-4 decision regarding Obama's executive order on immigration. This means that the appeals court injunction which blocks Obama's executive order remains in effect. The decision does not address the merits of the case originally brought, which means lower courts will have to decide that.

Jan 19, 2016:

The U.S. Supreme Court said it will review and make a decision on Obama's executive order on immigration.

In addition, the Supreme Court said it would look at the issue of whether Obama's action violated a provision of the U.S. Constitution that requires the president to "take care that the laws be faithfully executed" (the "take care clause").

To summarize, Obama's executive order, issued on November 20, 2014, does the following:

  • Implements a new program called "Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA)" which allows undocumented people who have been in the U.S. since January 1, 2010 and who have a son or daughter who is already a U.S. citizen or lawful permanent U.S. resident to apply for temporary work authorization and protection from deportation. It's estimated this could affect about four million people nationwide.
  • Modifies the existing "Deferred Action for Childhood Arrivals (DACA)" program to cover people who entered the U.S. before their sixteenth birthday and have lived continuously in the U.S. since January 1, 2010. People who were "aged out" of DACA by being older than age 31 on June 15, 2012, are now eligible to apply, regardless of how old they are now. It's estimated this could affect about 300,000 people nationwide.
  • Certain spouses and children of lawful permanent residents, as well as adult children of U.S. citizens, applying for lawful permanent resident ("green card") status through a consulate abroad, may be able to get advance approval before leaving the U.S. through a waiver process.

Source:

(November 26, 2014). "President Obama’s Immigration Announcement". National Immigration Law Center. Retrieved 2016-01-20.

Nov 10, 2015:

The Obama administration announced it would appeal to the U.S. Supreme Court for a decision on Obama's executive order on immigration.

Nov 9, 2015:

In New Orleans, by a vote of 2-1, the 5th U.S. Circuit Court of Appeals ruled against the appeal by the Obama administration regarding the injunction on Obama's executive order on immigration.

Nov 2, 2015:

The White House called Paul Ryan's position on immigration reform "preposterous", noting that Ryan himself helped draft legislation in 2013 and then later sided with House Republicans who refused to bring a bill to the House floor.

Nov 1, 2015:

On ABC's This Week, newly elected Speaker of the House Paul Ryan discussed immigration reform.

ABC's host asked Ryan:

The National Review reported this week that you made a promise to the House Freedom Caucus that you will not bring immigration reform legislation to the House floor while President Obama is in office.

Ryan responded:

Yeah, I think he's proven untrustworthy on this issue. He tried to go around Congress with an executive order to rewrite laws unilaterally. President's don't write laws - Congress writes laws. So, yes, I do not believe we should, and we won't, bring immigration legislation with a President we cannot trust on this issue.

Source:

Siegel, Benjamin. (November 1, 2015). "Paul Ryan Stands by Comments Critical of Donald Trump, But Would Support Him as President". ABC News. Retrieved 2015-11-03.

Watch the entire five-minute ABC interview here.

On NBC's Meet the Press, Ryan discussed immigration reform with NBC host Chuck Todd.

Todd:

You're somebody that wants to pass-- you told me you were in favor of an eventual path to citizenship.

Ryan:

Well, legal status is what I was talking about. Look, I've written extensively about my views on immigration. I'm an open book on the subject. But by the way, on immigration, I don't think we can trust the president on this issue.

Todd:

So you have taken--

Ryan:

He tried to go around Congress with executive order.

Todd:

You're taking it off the table?

Ryan:

Absolutely. The president has proven himself untrustworthy on this issue, because he tried to unilaterally rewrite the law himself. Presidents don't write laws. Congress does. The president's proven himself to be untrustworthy on this issue. I think if we reach consensus on something like border enforcement, interior security, that's one thing. But I do not believe we should advance comprehensive immigration legislation with a president who's proven himself untrustworthy on this issue.

Todd:

Some conservatives believe that pledge only means you'll work with a Democratic president in 2017, if that happens, on immigration.

Ryan:

I was elected Speaker of the House to unify the Republican Congress, not to disunify the Republican Congress. That means my job is to lead us to consensus. And to on big controversial issues operate on that consensus. And that's exactly how I intend to serve as Speaker.

Source:

Meet the Press. (November 1, 2015). "Meet the Press Transcript - November 1, 2015". NBC News. Retrieved 2015-11-03.

Read a transcript of the NBC interview here.

Commentary:

To me, it seems that Paul Ryan is using his belief that President Obama is "untrustworthy" on the issue of immigration reform as a reason or excuse for not dealing with immigration reform. President Obama made it clear when he issued his executive order on immigration on November 20, 2014, that his executive order would be replaced by any comprehensive immigration reform he would sign into law.

In Ryan's recent speech to the House floor, he said he was wiping the slate clean with regard to who was responsible for the dysfunctional House of Representatives, and that he wasn't interested in "laying blame". Apparently, that concept does not apply to his relationship with President Obama.

Aug 22, 2015:

An article in The Washington Post entitled "Alabama tried a Donald Trump-style immigration law. It failed in a big way." talks about GOP presidential candidate Donald Trump's plan for immigration reform, the passage of Alabama's HB56 (Alabama Taxpayer and Citizen Protection Act) in 2011 and whether or not it was a success, and the involvement of the U.S. federal government.

Jul 12, 2015:

On June 27, 2013, the U.S. Senate passed an immigration reform bill. That same day, Speaker of the U.S. House of Representatives John Boehner said he would not bring the bill up for a vote in the House because he didn't think there were enough votes to pass the Senate bill in the House, and that he wanted his constituents in the House to put together their own immigration bill. That was over two years ago, and still no House immigration bill has been passed.

Now, Boehner is blaming President Obama for the fact that an immigration bill has not been passed by the U.S. Congress, claiming that Obama "poisoned the well" by issuing his immigration executive order on November 20, 2014.

Today, John Boehner was interviewed by CBS News political director John Dickerson on the CBS News program Face the Nation.

On the subject of immigration reform, Dickerson asked Boehner:

...House leaders didn't do anything on immigration all of last year, so nothing's been done at the federal level...

Boehner responded:

John, I've been trying to do immigration reform for four years. But the President said 22 times that he didn't have the authority to do what he eventually did. And what the President has done is, he's poisoned the well. He's stirred up the American people in such a way that it would almost be impossible to do immigration reform given the environment that we're dealing with. I want to do immigration reform and the President knows it. I asked the President about a year ago - gave him some ideas about things that should happen if he wanted to do immigration reform, and some things that he shouldn't do. Well, the President didn't take my advice, and he doubled-down on these executive orders that frankly far-exceeded his authority, and the courts have got him stopped. But he's really poisoned the well.

Dickerson responded:

But, here's an alternative explanation I've heard from people in your own party, that last year you had a good run and a good shot to beat the Democrats in the election, and people in your party who'd been elected, and also strategists, said let's not talk about immigration. It's gonna cause a huge civil war in the Republican party. It will cause us to be distracted by our own problems when we want to keep attacking the Democrats. Wasn't that a reason it [an immigration reform bill in the House] didn't pass too?

To which Boehner responded:

No, not at all. Two things happened. You know, the majority leader at the time lost his primary election and some of our members thought it had something to do with immigration reform. And secondly, if you go back a year from today, you had this flood of kids coming across the border, on every TV every night. And between the two, the window to do immigration reform last summer dissipated. But, this issue needs to be dealt with. It's become a political football. It's been around for some 15 years, and it's not gonna get solved until the President gets serious and Congress gets serious about resolving it.

Dickerson responded:

Couldn't you just, why not just send them a bill, make 'em veto it?

Boehner responded:

I don't think there's that big of a difference of how to reform our immigration laws. There's been a lot of bi-partisan work done on it for years. I want to do it.

Watch the interview on the Face the Nation website here.

Commentary:

Regarding Boehner's comment about Obama having "poisoned the well", in my opinion that's nothing but an excuse and just a way of shifting blame for doing nothing for so long.

The real reason the House has not put together it's own immigration reform bill is because it's politicaly-charged, and the Republican party is afraid of the publicity surrounding their version of immigration reform and how it might affect them come election time. From the time the Senate passed it's version of immigration reform in June of 2013, the House has had more than ample time to put together its own bill, prior to Obama's November 20, 2104 executive order. But, mid-term elections were held the first week of November, 2014. Surely, the last thing House Republicans wanted was to be fighting among themselves (because they are not united on immigration reform), to have the House and Senate bickering about the details of immigration reform, and have that in the mainstream daily news in the 18 months prior to the 2014 mid-term elections for all to see. I don't think that procrastinating on passing immigration laws for the sake of a political party, Democrat or Republican, is serving the people of the United States.

Regarding the last thing Boehner said (about how there's not much of a difference on how to reform immigration), I assume he means between Democrats and Republicans, or possibly among his own party members. Either way, if that's the case, then why would it take so long to come up with a bill that's passable in both the House and the Senate, and a bill that President Obama would sign?

May 26, 2015:

In New Orleans, by a vote of 2-1, the 5th U.S. Circuit Court of Appeals ruled that the injunction on President Obama's executive order will remain in effect pending further judicial proceedings. That same court will decide in the next several months if it's ruling can be appealed. The Obama administration may choose to ask the U.S. Supreme Court to hear the case even if it's ruled that it can't be appealed.

The 5th U.S. Circuit Court of Appeals also ruled against the Obama administration's request to limit the injunction to just the 26 states in the lawsuit.

Apr 7, 2015:

In Texas, U.S. District Judge Andrew S. Hanen denied the stay requested by the U.S. Department of Justice on February 23, which means the injunction remains in effect.

Feb 25, 2015:

At a taping for an MSNBC/Telemundo town hall discussion on immigration in Miami, Florida, President Obama blamed Republicans for the delay in changes to immigration laws. Obama reminded Latinos of the immigration reform bill passed by the U.S. Senate (in June, 2013) that was blocked by Republicans. He also blamed Republican state governors for filing the lawsuit challenging his executive order on immigration reform.

Source:

Rampton, Roberta. (February 25 2015). "On Bush turf, Obama blames immigration woes on Republicans". Reuters. Retrieved 2015-02-25.

Feb 23, 2015:

The U.S. Department of Justice filed a motion for a stay regarding U.S. District Judge Andrew S. Hanen's temporary injunction issued last week. The stay is asking Judge Hanen to put his injunction on hold while the U.S. Department of Justice appeals the judge's decision.

Feb 17, 2015:

Yesterday in Texas, in response to the lawsuit brought by 26 U.S. states against the Obama Administration, U.S. District Judge Andrew S. Hanen issued a temporary injunction against Obama's immigration reform executive order issued on November 20, 2014.

The injunction affects DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents). The injunction does not affect young adults already granted legal status under DACA (Deferred Action for Childhood Arrivals) which was a program implemented in 2012, but it does halt expansion of that program included in Obama's executive order.

The U.S. Department of Justice said it would appeal Judge Hanen's decision.

Source:

Meckler, Laura; Koppel, Nathan. (February 17 2015). "Obama Administration Dealt Setback on Immigration". The Wall Street Journal. Retrieved 2015-02-17.

Korte, Gregory; Jackson, David. (February 17 2015). "Obama: 'Law is on our side' despite immigration ruling". USA Today. Retrieved 2015-02-17.

Jan 29, 2015:

Nevada joined 25 other states suing the Obama Administration over the President's executive order on immigration reform, bringing the total number of states to 26.

Source:

Johnson, Eric M. (January 29 2015). "Top Nevada lawyer joins suit against Obama's immigration relief plan". Reuters. Retrieved 2015-02-17.

Jan 14, 2015:

By a vote of 236-191, the U.S. House of Representatives passed H.R.240 - Department of Homeland Security Appropriations Act, 2015.

One amendment to the bill would defund the immigration reform executive order President Obama announced on November 20, 2014. Another amendment to the bill would shut down the DACA (Deferred Action for Childhood Arrivals) program making some illegal immigrant children once again subject to deportation.

Jan 12, 2015:

The Obama Administration made a formal Statement of Administration Policy about H.R. 240 – Department of Homeland Security Appropriations Act, 2015:

However, the Administration strongly opposes the addition of any amendments to the legislation that would place restrictions on the Department's ability to set smart enforcement priorities focused on criminals, national security threats, and recent border crossers, hold undocumented immigrants accountable, and modernize the legal immigration system. The President's immigration accountability executive actions strengthen our border security, ensure undocumented immigrants who are parents of U.S. citizens or lawful permanent residents pass background checks to obtain temporary relief from removal, and require everyone to play by the same rules.

The President looks forward to working with the Congress to pass comprehensive immigration reform and an appropriations bill funding the Department of Homeland Security that is free from ideological provisions.

The Statement of Administration Policy also indicated that President Obama would veto the bill if presented to him with "objectionable restrictions".

Source:

(January 12, 2015). "Statement of Administration Policy | H.R. 240 – Department of Homeland Security Appropriations Act, 2015". whitehouse.gov. Retrieved 2015-02-07.

Dec 23, 2014:

In the District of Columbia, U.S. District Judge Beryl Howell dismissed Maricopa County (Arizona) Sheriff Joe Arpaio's lawsuit claiming President Obama's recent immigration reform executive order is unconstitutional.

Dec 22, 2014:

Tennessee joined 24 other states suing the Obama Administration over the President's executive order on immigration reform, bringing the total number of states to 25.

Source:

Boucher, Dave. (January 29 2015). "Tennessee joins lawsuit challenging Obama immigration orders". The Tennessean. Retrieved 2015-02-17.

Dec 10, 2014:

The number of states suing the Obama Administration over the President's recent executive order on immigration reform has increased to 24. The 24 states are Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, North Carolina, South Carolina, North Dakota, Ohio, Oklahoma, South Dakota, Texas, Utah, West Virginia and Wisconsin.

Source:

Killough, Ashley. (December 10, 2014). "24 states now suing Obama over immigration". CNN. Retrieved 2015-02-01.

Dec 4, 2014:

Seventeen states are suing the Obama Administration over the President's recent executive order on immigration reform. The states are Alabama, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Mississippi, Montana, Nebraska, North Carolina, South Carolina, South Dakota, Texas, Utah, West Virginia, and Wisconsin.

Essentially, the lawsuit claims that President Obama does not have the authority to change immigration law without the consent of Congress, and that he violated the Administrative Procedure Act which defines the "official" way in which laws and regulations are established including 90-day notices and comment periods.

Source:

Barbash, Fred. (February 17, 2015). "Federal judge in Texas blocks Obama immigration orders". The Washington Post. Retrieved 2015-02-17.

Calamur, Krishnadev. (December 3, 2014). "17 States Sue Obama Over Immigration Actions". NPR. Retrieved 2014-12-03.

Dec 3, 2014:

The whitehouse.gov website has a wealth of information about President Obama's plan for immigration reform, including an "Immigration Blueprint" document. Obama's plan consists of four parts:

  • Continuing to strengthen border security
  • Cracking down on employers that hire undocumented workers
  • Creating a path to earned citizenship
  • Streamlining our legal immigration system

Source:

"Immigration". whitehouse.gov. Retrieved 2014-12-03.

Nov 20, 2014:

Today, President Obama delivered an address on immigration reform, announcing he would take executive action. Here are the highlights from his address:

First, we’ll build on our progress at the border with additional resources for our law enforcement personnel so that they can stem the flow of illegal crossings, and speed the return of those who do cross over.

Second, I’ll make it easier and faster for high-skilled immigrants, graduates, and entrepreneurs to stay and contribute to our economy, as so many business leaders have proposed.

Third, we’ll take steps to deal responsibly with the millions of undocumented immigrants who already live in our country.

So we’re going to offer the following deal: If you’ve been in America for more than five years; if you have children who are American citizens or legal residents; if you register, pass a criminal background check, and you’re willing to pay your fair share of taxes -- you’ll be able to apply to stay in this country temporarily without fear of deportation. You can come out of the shadows and get right with the law. That’s what this deal is.

Now, let’s be clear about what it isn’t. This deal does not apply to anyone who has come to this country recently. It does not apply to anyone who might come to America illegally in the future. It does not grant citizenship, or the right to stay here permanently, or offer the same benefits that citizens receive -– only Congress can do that. All we’re saying is we’re not going to deport you.

I know some of the critics of this action call it amnesty. Well, it’s not. Amnesty is the immigration system we have today -– millions of people who live here without paying their taxes or playing by the rules while politicians use the issue to scare people and whip up votes at election time.

That’s the real amnesty –- leaving this broken system the way it is. Mass amnesty would be unfair. Mass deportation would be both impossible and contrary to our character.

The actions I’m taking are not only lawful, they’re the kinds of actions taken by every single Republican President and every single Democratic President for the past half century. And to those members of Congress who question my authority to make our immigration system work better, or question the wisdom of me acting where Congress has failed, I have one answer: Pass a bill.

I want to work with both parties to pass a more permanent legislative solution. And the day I sign that bill into law, the actions I take will no longer be necessary.

Source:

Obama, Barack. (November 20, 2014). "Remarks by the President in Address to the Nation on Immigration". whitehouse.gov. Retrieved 2014-11-20.

Nov 10, 2014:

Yesterday, President Obama appeared on "Face the Nation" with Bob Schieffer. In the interview Obama discussed ISIS, the mid-term elections, and his intent to use executive order to address at least some part of immigration reform.

The President reiterated the fact that the Senate passed an immigration reform bill in June of last year that he is ready to sign, but that John Boehner has refused to bring that bill up for a vote in the House. The President also said that he has been waiting for at least a year for the House to pass it's own version of an immigration reform bill, but that still no bill has been passed.

The President made it clear that any executive order regarding immigration reform he issues will be superseded by any immigration reform bill that passes both the House and the Senate, and that he signs into law.

Jun 27, 2013:

Today, the U.S. Senate passed an immigration reform bill by a margin of 68-32. Speaker of the House John Boehner stated that he would not bring the bill up for a vote in the House of Representatives, invoking the Hastert Rule, saying he wants the House to pursue it's own version of an immigration reform bill.

Jun 15, 2012:

President Obama issued an executive order (DACA) which will shield an estimated 800,000 illegal immigrants from deportation.

The order does not grant any legal permanent status, it's not a path to citizenship, and it's not a permanent fix - but it will allow illegal immigrants to "come out of the shadows", work legally, obtain driver's licenses and many other documents, and avoid deportation.

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