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President's Options For Administrative Action

Discussion in 'Immigration legislation' started by avatar, Jun 30, 2014.

  1. avatar

    avatar Junior Member

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    Hi - Now that CIR is dead I have no doubt that there will be enormous pressure on the President to take administrative action. I'm curious about what administrative powers he has that can reduce legal immigration backlogs. I can see how deferred prosecution helps undocumented immigrants but what powers does the executive have for relief to EB immigrants?
     
  2. sigler

    sigler Junior Member

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    Or FB for that matter...
     
  3. avatar

    avatar Junior Member

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  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I think we have seen the full extent of legal immigration reform by executive action in the proposed rule that is pending right now.
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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  6. avatar

    avatar Junior Member

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    I think the political calculus now strongly rewards presidential action. There is considerable support across the spectrum to reduce the backlogs. I think the president will not sit back and let house inaction drive policy. It is in his interest to see the challenge from the house directly and force the republicans into the undesirable position of angering the hispanic population by trying to undo his executive orders legislatively. Looking into the 2016 presidential elections I cannot imagine the president waving the white flag. His position is deceptively strong vis-a-vis the GOP.
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Please understand that nothing would make me happier than to see him stop counting dependents against the quota. I just think that it would be a very easy target if Congress sued him. I don't think that he has anything to lose by doing these kinds of things and he has a lot to gain.
     
    avatar likes this.
  8. avatar

    avatar Junior Member

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    Exactly right. Politically this will be a bonanza for the democrats. It's not the right long term way to go but in the near term by forcing the president to play his hand, the GOP has further cornered itself. Even if the GOP sues and fights the changes the administration rolls out they will anger many of the key constituencies they need to win elections - hispanics, businesses, farmers, etc.
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    And that is most likely why he will do it.
     
  10. avatar

    avatar Junior Member

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    More evidence the president is willing to go the distance:

    http://www.politico.com/story/2014/06/immigration-reform-obama-108468.html

    But senior White House aides are clearly excited at the chance to go after Republicans again on this.

    “Political reaction from Republicans is not part of our calculation on what administrative actions we’re going to pursue,” said White House communications director Jennifer Palmieri. As for the concern that the actions may not satisfy advocates, she said, “We’ll go as far as we think is good policy and is permitted under the law.”


    Read more: http://www.politico.com/story/2014/06/immigration-reform-obama-108468.html#ixzz36AildkfL
     
  11. immiquest2014

    immiquest2014 Junior Member

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    Ron - What are the actions you anticipate that will make it as part of Administrative Action.
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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    An "administrative amnesty" and employment authorization for H4s are both certainties. Beyond that, it's a matter of how far they want to try to reach. The Republicans in Congress are going to blow a gasket no matter what the president does. He might as well shoot for the moon and do as much as possible.
     
  13. avatar

    avatar Junior Member

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  14. avatar

    avatar Junior Member

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  15. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Thanks for posting that link. We can only hope that the administrative relief will include legal immigration as well.
     
  16. avatar

    avatar Junior Member

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    Yep. This is just my $0.02. The biggest political payoff will come if he tackles legal and illegal immigration. If he leaves the tech companies behind, the coalition might unravel. That would be my personal thinking. He will exact maximum political damage by taking the entire coalition along for the ride (business, hispanics, chamber of commerce, tech etc.). Leaving one behind is riskier. The politics are supportive of EA across the board which will corner the republicans completely as they will be forced to confront the tech industry when they try to undo his rules.I suspect the gloves are really going to come off now. The NY times editorial board recently wrote an op-ed asking the president to go big. I think he will.

    http://www.nytimes.com/2014/07/04/opinion/mr-obama-go-big-on-immigration.html?_r=0
     
  17. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I agree with your analysis. Apart from the president wanting to be as inclusive as possible, doing so is the only real political payoff.
     
  18. DamperGreen

    DamperGreen Junior Member

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    While I second your hopes, Ron - I honestly don't see much happening for reform for legal skilled immigrants.

    I think he's exhausted all his options with relaxing work restrictions for spouses on H4. There's a not a whole lot he can do to ease the build-up in EB categories. The issue is systemic and needs to be fixed through legislation - which changes not just the law governing these queues but handling of the cases. Simply allowing immediate AoS is not even an option - and even if it were, the system won't be able to handle the deluge of applications that will follow.

    Too bad Democrats and Mr President himself, didn't allow Republicans to bring in piecemeal legislations when there was an opportunity to. Now they've screwed the legal high-skilled immigrants from India/China. So much for let's fix what we can ! This was one issue they could have fixed along with Republicans.
     
  19. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I don't think that there was ever an option of Republicans bringing up piecemeal legislation. Had they wanted to do so, they could have. The fact is, they don't want to touch immigration. In fairness, most Democrats likely don't want to touch immigration unless they are forced to take a position.
     
  20. Senram

    Senram Member

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    But this time by Touching immigration by Obama can do more harm for democrats in the 2014 Senate elections especially because of border situation. And Republicans are this time readying for lawsuit though they may not win but they could sympathy of some voters and could get more votes which may help to take over Senate. Executive order when border crisis is there will not bode well for President mainly for Senate elections in which latest projections is pointing towards GOP take over.
     

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