Obama Goes It Alone, Shielding Up To 5 Million Immigrants From Deportation

B00Mer

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Obama Goes It Alone, Shielding Up To 5 Million Immigrants From Deportation



After six years of often bitter back-and-forth with congressional Republicans over the issue of immigration, President Obama announced he has decided to go it alone by temporarily shielding up to 5 million immigrants from being deported.

In a prime-time speech to the country on Thursday, Obama said he will defer the deportation of the parents of children who are either U.S. citizens or legal permanent residents and he will also expand that protection to more "DREAMERers," or children who entered the country illegally with their parents. Those two groups will also be allowed to legally work in the United States, after passing a background check and paying a fee.

Obama said the executive action did not amount to amnesty, because it does not provide for a path to legalization.

Hitting back against Republican critics, he also defended the legality of his actions, saying every president in the past 50 years has taken similar steps.

"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," Obama said. "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."

Even before Obama delivered his speech, congressional Republicans warned that this action would kill any chance of passing comprehensive immigration legislation. Oklahoma Sen. Tom Coburn took it a step further, warning of a political and social firestorm.

"The country's going to go nuts, because they're going to see it as a move outside the authority of the president, and it's going to be a very serious situation," Coburn said in an interview with USA Today. "You're going to see — hopefully not — but you could see instances of anarchy. ... You could see violence."

We live blogged the speech, so keep reading for a detailed version of events:

Update at 9:19 p.m. ET. 'We're Gonna Stay Together':

Washington Post reporter Katie Zezima was at a watch party in Arizona with immigration activists. She's been posting Vines that show an emotional reaction to President Obama's executive action.

Astrid Silva, the young woman mentioned in Obama's speech, cried as she told a reporter that her parents would not have to "live in fear" because her younger brother was a U.S. citizen.

Update at 8:57 p.m. ET. 'A Historic Victory':

In a statement, Cristina Jimenez, the managing director of United We Dream, one of the organizations that has been pushing for immigration reform on behalf of "DREAMers," called tonight's announcement a "historic victory."

She said that tonight's executive action will result in 5 million people living "without fear." But, she said, there are still too many who will live under threat of deportation.

"This is a long-term struggle," Jimenez said. "We will continue organizing until our entire community can come forward and enjoy the full rights of citizenship."

Watch: President Obama announces sweeping immigration reform - YouTube

Update at 8:16 p.m. ET. An Appeal To American Exceptionalism:

To wrap up his 15-minute speech, President Obama did what he often does in major speeches: He appealed to American exceptionalism.

He said:

"Scripture tells us that we shall not oppress a stranger, for we know the heart of a stranger – we were strangers once, too.
"My fellow Americans, we are and always will be a nation of immigrants. We were strangers once, too. And whether our forebears were strangers who crossed the Atlantic, or the Pacific, or the Rio Grande, we are here only because this country welcomed them in, and taught them that to be an American is about something more than what we look like, or what our last names are, or how we worship. What makes us Americans is our shared commitment to an ideal – that all of us are created equal, and all of us have the chance to make of our lives what we will."
Update at 8:11 p.m. ET. A Bigger Debate:

After asking Congress not to shut down the government over this, Obama turns to the American public and asks them to remember that this is about a greater debate.

He said:

"It's about who we are as a country, and who we want to be for future generations.
"Are we a nation that tolerates the hypocrisy of a system where workers who pick our fruit and make our beds never have a chance to get right with the law? Or are we a nation that gives them a chance to make amends, take responsibility, and give their kids a better future?"
"Are we a nation that accepts the cruelty of ripping children from their parents' arms? Or are we a nation that values families, and works to keep them together?
"Are we a nation that educates the world's best and brightest in our universities, only to send them home to create businesses in countries that compete against us? Or are we a nation that encourages them to stay and create jobs, businesses, and industries right here in America?"
That's what this debate is all about. We need more than politics as usual when it comes to immigration; we need reasoned, thoughtful, compassionate debate that focuses on our hopes, not our fears.
Update at 8:08 p.m. ET. No Path To Citizenship:

"This deal does not apply to anyone who has come to this country recently," Obama says. "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."

Update at 8:06 p.m. ET. Prioritizing:

Obama says he will direct law enforcement to focus their deportation efforts on criminals.

"That's why we're going to keep focusing enforcement resources on actual threats to our security," Obama said. "Felons, not families. Criminals, not children. Gang members, not a mother who's working hard to provide for her kids. We'll prioritize, just like law enforcement does every day."

Update at 8:04 p.m. ET. Congressional Inaction:

Obama says that this problem is best solved through legislation, but the House has refused to act.

"Until that happens, there are actions I have the legal authority to take as President – the same kinds of actions taken by Democratic and Republican Presidents before me – that will help make our immigration system more fair and more just," Obama said.

"Tonight, I am announcing those actions."

Update at 8:03 p.m. ET. Touts Immigration Record:

President Obama touts his record on securing the U.S./Mexico border:

"When I took office, I committed to fixing this broken immigration system. And I began by doing what I could to secure our borders. Today, we have more agents and technology deployed to secure our southern border than at any time in our history. And over the past six years, illegal border crossings have been cut by more than half. Although this summer, there was a brief spike in unaccompanied children being apprehended at our border, the number of such children is now actually lower than it's been in nearly two years. Overall, the number of people trying to cross our border illegally is at its lowest level since the 1970s. Those are the facts."
Update at 8:02 p.m. ET. Immigration System Is Broken:

President Obama begins by telling the American people that the country's immigration system is broken.

"It's been this way for decades," Obama said. " And for decades, we haven't done much about it."

Update at 7:31 p.m. ET. The Fine Print:

We've outlined in broad terms what is included in Obama's executive action. If you're curious, here's the fine print, according to the White House:

— The parents of legal permanent residents and U.S. citizens will be able to apply for temporary relief from deportation and a work permit if they have lived in the country for more than five years.

— Obama will expand his Deferred Action for Childhood Arrivals to include any children who were brought to this country illegally before January 1, 2010. Before, the president had deferred the deportation of those born after 1981 who had entered the country before June 15, 2007.

— Neither of those two groups will be given a green card. Both of them will be able to get a Social Security card, but they will not be eligible for Social Security benefits.

— About 4 out of the 5 million estimated to qualify for deferred action will be parents of American children.

— On the enforcement front: The administration will now concentrate on deporting criminals and those who pose a threat to national security. This means an unknown number of immigrants may continue to live in the United States illegally but without the threat of deportation.

— It's important to note this is an executive action not an executive order, which is legally binding.

Update at 7:17 p.m. ET. Obama's Turnaround:

One piece that is certainly worth a read is one published by The New York Times that outlines Obama's turnaround on the issue of executive action.

In many public appearances, Obama said he did not have the legal authority to act unilaterally on the issue of immigration.

"If we start broadening that," Obama said referring to an earlier executive action that deferred the deportation of young immigrants, "then essentially I'll be ignoring the law in a way that I think would be very difficult to defend legally. So that's not an option."

The action that Obama will announce today very clearly expands on his earlier directive to suspend the deportation of DREAMERs, children who entered the country illegally with the parents.

Update at 6:51 p.m. ET. A 'Middle Ground':

The White House has released two excerpts of President Obama's prime-time speech. In the first, he says that this approach is not amnesty. Instead, the president will say, leaving the system the way it is amounts to amnesty.

"Mass amnesty would be unfair," Obama will say. "Mass deportation would be both impossible and contrary to our character. What I'm describing is accountability – a commonsense, middle ground approach: If you meet the criteria, you can come out of the shadows and get right with the law. If you're a criminal, you'll be deported. If you plan to enter the U.S. illegally, your chances of getting caught and sent back just went up."

Obama will also challenge Republicans who question the legality and wisdom of his executive actions by asking them to "pass a bill."

Update at 6:17 p.m. ET. The Legal Authority:

In a briefing with reporters Thursday afternoon, a senior White House official explained the legal reasoning behind the two big actions.

First, the senior administration official said, the executive branch is given "prosecutorial discretion" by the constitution. That means the Department of Homeland Security can set enforcement priorities and can decide whom to deport.

Second, they say that providing relief to young undocumented immigrants and to the parents of U.S. citizen children is justified on humanitarian grounds.

The official said the action is predicated on a desire not to separate parents from kids who are lawful, and an understanding that's a relationship Congress wants to respect.

The White House official pointed out that every president going back to President Dwight Eisenhower has used this kind of authority and President George H.W. Bush used his to give relief to 1.5 million children, about 40 percent of the undocumented population in the country at the time.

Rep. Raul Labrador, a Republican from Idaho, told All Things Considered, he believed this action is illegal.

The Department of Justice has released a memo that details the legal justification.

Update at 6:06 p.m. ET. Acting Like An Emperor:

Preempting Obama's speech, Speaker John Boehner, a Republican from Ohio, released a video statement criticizing the actions.

He said:

"Instead of working together to fix our broken immigration system, the president says he's acting on his own. That's just not how our democracy works. The president has said before that 'he's not king' and he's 'not an emperor,' but he's sure acting like one. And he's doing it a time when the American people want nothing more than for us to work together."
Update at 6:02 p.m. ET. Relief For Others:

Senior administration officials said the Department of Homeland Security will also put out new guidelines for enforcement.

Immigration officials will prioritize the deportation of criminals and new arrivals, which means that some of the immigrants who don't qualify for relief and have been in the United States for a while may never be deported.

source: Obama Goes It Alone, Shielding Up To 5 Million Immigrants From Deportation : The Two-Way : NPR
 

BaalsTears

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Big Business and Leftist Activists both desire the importation of uneducated, low skilled workers. The Left wants an underclass of ignorant people who will vote the way they are told, and the Right wants slave labor that it can use and toss out. The real losers in this matter are Americans who aren't well educated and highly skilled. Their jobs will be taken from them.

The Left also wants to import a new demographic that will be docile in order to replace the white working class and middle class, and African Americans too. American elites have absolutely no loyalty to the American masses.
 

B00Mer

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Big Business and Leftist Activists both desire the importation of uneducated, low skilled workers. The Left wants an underclass of ignorant people who will vote the way they are told, and the Right wants slave labor that it can use and toss out. The real losers in this matter are Americans who aren't well educated and highly skilled. Their jobs will be taken from them.

The Left also wants to import a new demographic that will be docile in order to replace the white working class and middle class, and African Americans too. American elites have absolutely no loyalty to the American masses.

OK I'm Bios, my sister-in-law is now legal..

S h i t Happens..

So anyone who has been here for 5 year OR has a US born child??? OR is it AND??

She has 2 US born kids..
 

Praxius

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People don't want "Illegal Immigrants" in the country or taking der jerbs?

Take those crappy, low paying jobs then.

No Immigrants needed, problem solved.

But everybody wants that American Dream of a big house, big cars, big money and big families.... and a crap low paying job doesn't fit that, but someone has to do the work.

Thus you got the immigrants coming in to do the crap jobs with low pay.

But you don't want them milking the system, taking yer jerbs, filling up housing, needing the other resources good old fashion American Folk need and pay for with their taxes.

Can't have everything go your way.
 

Locutus

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these sh!tty raggedy-assed fence jumpers can apply and take all the jobs they ever wanted...but first, apply to enter the United States. problem dreamers?
 

B00Mer

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BaalsTears

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People don't want "Illegal Immigrants" in the country or taking der jerbs?

Take those crappy, low paying jobs then.

No Immigrants needed, problem solved.

But everybody wants that American Dream of a big house, big cars, big money and big families.... and a crap low paying job doesn't fit that, but someone has to do the work.

Thus you got the immigrants coming in to do the crap jobs with low pay.

But you don't want them milking the system, taking yer jerbs, filling up housing, needing the other resources good old fashion American Folk need and pay for with their taxes.

Can't have everything go your way.

Get rid of the illegals, and pay Americans a fair living wage. Society can adjust.
 

MHz

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OK I'm Bios, my sister-in-law is now legal..

S h i t Happens..

.
What are you shaking for? Hold that fuker straight or put it down FFs

Remember when John McCain offered anyone who wants to do the same job in the field picking crops $60hr for the whole summer...

Funny no takers..

Vicente Fox: Mexicans take jobs "that not even blacks want to do"
Are the old buffalo routes still around, the Prairies don't need as many workers during the growing season as during planting and harvest. Can't send them home twice a year. The baby-boomer's (relative no doubt) spoilded kids will let them stay just so somebody is around to do the 'morning shift'.
 

El Barto

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Feb 11, 2007
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And then poof! 5 million new tax payers

ah the politics of hate eh?
never see beyond that wall of preconceived ideas
 

Walter

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ha, if you use the term very loosely or with a new definition, sure.
This definition works for BHO.
des·pot

noun \ˈdes-pət, -ˌpät\
: a ruler who has total power and who often uses that power in cruel and unfair ways
: a person who has a lot of power over other people
 

B00Mer

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This definition works for BHO.
des·pot

noun \ˈdes-pət, -ˌpät\
: a ruler who has total power and who often uses that power in cruel and unfair ways
: a person who has a lot of power over other people

So what has he done that is so cruel...

You need to go live in Iran to get a better idea of what a despot truly is.

ObamaCare, even the Republicans don't want to get rid of it.. it working in their states.. they just need the price to come down and get rid of the employer mandate.

GOP Governors Say Obamacare Is Here To Stay

...and he is so cruel he just have residency to 5 million illegals... wow what a cruel man..

Personally, he has proven himself to be a pretty good fella.. a good President.
 

Sal

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Sep 29, 2007
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So what has he done that is so cruel...

You need to go live in Iran to get a better idea of what a despot truly is.

ObamaCare, even the Republicans don't want to get rid of it.. it working in their states.. they just need the price to come down and get rid of the employer mandate.

GOP Governors Say Obamacare Is Here To Stay

...and he is so cruel he just have residency to 5 million illegals... wow what a cruel man..

Personally, he has proven himself to be a pretty good fella.. a good President.
8O Boomer, Boomer is that really you or has someone kidnapped your fingers? Step slowly away from the keyboard8O
 

EagleSmack

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Feb 16, 2005
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ObamaCare, even the Republicans don't want to get rid of it.. it working in their states.. they just need the price to come down and get rid of the employer mandate.

Even Republicans don't want to get rid of it? Are you daft?

They just need the price to come down! Goooood luck with that! It's going up!

Get rid of the employer mandate? If you get rid of the employer mandate so goodbye to Obamacare in its entirety.
 

gopher

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While unilateral executive action may not be the wisest move, it is not unprecedented as Reagan did the same:


Reagan's ghost haunts GOP on immigration and torture



Name an issue, foreign or domestic, and Republicans will turn to the holy ghost of Ronald Reagan for wisdom and guidance. But for two of the biggest controversies in the news this week—immigration and torture—conservatives won't like the answer they get when they ask, "What would Reagan do?" After all, President Reagan didn't just sign an amnesty bill for three million undocumented immigrants in 1986. He then acted unilaterally to keep thousands of immigrant families together by using the exact same executive authority President Obama will turn to on Thursday night. And when it comes to the ongoing national shame that is the Bush administration's regime of detainee torture, it was Reagan who in 1988 signed the Convention Against Torture that not only codified waterboarding as a crime, but demanded that the United States prosecute those who ordered and perpetrated it.
As Foreign Policy and many other outlets have documented, the Obama administration and Senate Intelligence Committee Chairwoman Dianne Feinstein are battling over the final, declassified version of the long-overdue Senate torture report. But while that confrontation continues in Washington over that purportedly scathing assessment, last week in Geneva the United States made a very matter of fact admission that it had, in fact, committed torture. As the New York Times reported:

In a two-day presentation in Geneva, the American delegation acknowledged that the United States had tortured terrorism suspects after the Sept. 11 attacks. It emphasized, however, that the government had since tightened its rules, including with a 2005 statute against using cruelty and a 2009 executive order by President Obama that limits interrogators to a list of techniques in an Army field manual.
During the required quadrennial review by the UN panel monitoring international compliance with the Convention Against Torture, Committee expert Alessio Bruni asked Assistant Secretary of State Tom Malinowski "if the delegation could give an example of prosecution of public official violating this legal provision, which is contained in section 1003 of the Detainee Treatment Act."
Please read below the fold for more on this story.

Ronald Reagan would have asked the same question. In his May 20, 1988 signing statement on the Convention Against Torture, Reagan noted that it "marks a significant step in the development during this century of international measures against torture and other inhuman treatment or punishment." As the Gipper explained in his message to the Senate:

The core provisions of the Convention establish a regime for international cooperation in the criminal prosecution of torturers relying on so-called "universal jurisdiction." Each State Party is required either to prosecute torturers who are found in its territory or to extradite them to other countries for prosecution.
To put it another way, American and international law doesn't give Barack Obama the choice to decide whether "to look forward as opposed to looking backwards" when it comes to torture practiced by the United States. As Marjorie Cohn detailed in October 2012, the United States has "a legal duty to prosecute torturers":
The US has a legal duty to prosecute those responsible for torture and abuse, or extradite them to countries where they will be prosecuted. When we ratified the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Torture Convention), we promised to prosecute or extradite those who commit, or are complicit in the commission, of torture. The Geneva Conventions also mandate that we prosecute or extradite those who commit, or are complicit in the commission of, torture.
As Scott Horton pointed out, that's especially the case when the perpetrators proudly confessed to the crime, as Dick Cheney and George W. Bush did repeatedly.
But while the president does not enjoy "prosecutorial discretion" in complying with the nation's treaty agreements on torture, immigration enforcement is another matter.

As Greg Sargent explained in the Washington Post:

Immigration statute empowers the president to deploy a specific tool--known as "deferred action"--to shield people from deportations, and courts have recognized executive authority to apply it to whole categories of people.
Well before the Obama presidency, Congress enshrined in statute the tools to institute such enforcement priorities. One tool is called "deferred action," and this includes work authorization. This status is merely a temporary reprieve (more on this later) and does not make the path to eventual legal status any more assured.

As the National Journal has documented, virtually every president since FDR has availed himself of deferred action to enable millions of Mexicans, Europeans, Vietnamese, Cubans, Haitians and countless other nationalities to remain in the United States without fear of deportation. Among them was President Ronald Reagan, who repeatedly used his executive authority as President Obama seeks to do now.
After the passage of the 1986 Immigration Reform and Control Act which provided "amnesty to more than 3 million immigrants who had come here illegally but had been working in the country since at least 1982," President Reagan still faced a quandary. "The new law did not address the fate of the spouses and children of those to whom it gave a path to legalization," Jay Bookman recounted. "A father or mother who had been legalized through IRCA still faced the very real prospect of seeing their spouses and children taken from them and deported."

After Congress made sporadic and unsuccessful efforts to address what became known as the "family unity" issue, Reagan decided to act on his own. Citing his executive authority, he issued "Family Fairness Guidelines" in 1987 that ordered immigration enforcement officials to cease deporting children who were here illegally as long as both their parents--or one parent in a single-parent household--had qualified for amnesty.
That wasn't the only time The Gipper exercised his executive authority to defer action on immigration enforcement. As Erwin Chemerinsky and Samuel Kleiner detailed in the New Republic:
In 1987, the Reagan administration took executive action to limit deportations for 200,000 Nicaraguan exiles, even those who had been turned down for asylum.
Of course, Republicans don't call Ronald Reagan an "emperor" or a "monarch" for having done pretty much what Barack Obama is about to do now. That's why the GOP and its conservative allies aren't invoking the spirit of Ronald Reagan right now. They know exactly what Reagan would do.