Saturday, November 22, 2014

If He Plays it Right, Obama Might not Need an Executive Order

   As the days begin to lapse away, I take up watch for the online arrival of President Barack Obama's immigration executive order. It's only been two days, and it is a weekend, so it shouldn't be too much of a surprise I don't see it yet.
   Frankly, just listening to his speech, I'm not sure an executive order is even necessary. Nor am I fully sure the changes are going amount to a "new era for immigration," as some have suggested. In his speech, President Obama spoke of doing three things.
   Beefing up resources at the border, to stop illegal entries. I think that could be done without an executive order.
   Making things quicker and faster for high-skilled immigrants, graduates and entrepreneurs to get through the system. I would guess there might be found ways to speed things up without needing an executive order.
    Allowing those to stay who have been here five years who have children, who pass a background check, who register, and who are willing to pay taxes. Actually, this too, might could be achieved without executive action. They already are not deported until they have gone through the legal process, so there is a window of time we keep them. Today, I read online how this move, indeed, is based on "prosecutorial discretion," meaning the law enforcement officers will simply prioritize their efforts. They'll go after those who are also committing other crimes first. Those getting the reprieves will still get prosecuted, they'll just be allowed to wait.
   "It does not grant citizenship or the right to stay here permanently or offer the same benefits that citizens receive," President Obama said in his speech. "Only Congress can do that. All we're saying is, we're not going to deport you."
   Not going to deport them while they are registered to wait for their deportation, that is.
   Well, prosecutorial discretion is used throughout the nation, by most every agency, and therefore we can assume what is being proposed might not need an executive order.
   It is almost as if President Obama could hear the footsteps of Republicans anxious to sue him if he created law by using an executive order. If he does the things he outlined in his speech, yet does them in simple enough fashion that no new law is necessary, then whether he writes an executive order or not, he is steering clear of those who would seek to sue or impeach him for his efforts.
http://www.whitehouse.gov/the-press-office/2014/10/17/executive-order-improving-security-consumer-financial-transactions
http://talkingpointsmemo.com/dc/obama-legalize-five-million-undocumented-immigrants

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