Legal Experts: Executive Order on Immigration Tough to Challenge

Tuesday, 29 Jul 2014 11:02 AM

By Andrea Billups

  Comment  |
   Contact  |
  Print   |
    A   A  
  Copy Shortlink
When President Barack Obama picks up a pen to use his presidential powers on immigration reform, he's likely to have a clear path with little legal leverage for opponents to fight back, Politico reports.

"The court route, I don't see it," former Bush immigration official Jan Ting said of Obama's expected executive action next month.

Added UCLA law professor Hiroshi Motomura: "There isn't really anyone who would be in a position to complain."

The president, under fire for his handling of the border crisis and a massive influx of young immigrants from Central America, is expected to create his own vision for immigration as the House refuses to act on reforms.

About 5 million out of 11 million immigrants thought to be living in the United States could see protection from the president, who will likely work to make sure those who have successfully lived in the country are shielded from future deportation fears, according to the Los Angeles Times.

Vote Now: Do You Approve Or Disapprove of President Obama's Job Performance?

Legal observers compare any threats of a legal roadblock on immigration to the quandary experienced by House Speaker John Boehner, who has planned to sue over delays in Obamacare, but must show a need for the federal courts to engage.

Moving forward on immigration should be fairly easy, using the theory of prosecutorial discretion, a power embraced by the executive branch that determines what skating room federal authorities have to determine how a law is enforced.

"There is, I think, a general consensus that his authority to take executive action is fairly wide as long as it is based on executive branch authority to use prosecutorial discretion to decide how people are treated who are subject to deportation," said Doris Meissner, who served as Immigration and Naturalization Service Commissioner under President Bill Clinton.

"He’s got a continuum of options from a fairly narrow reworking of deportation priorities all the way to a new program of some kind that would allow more numbers of people to apply for work permits of some kind," she added.

Prosecutorial discretion will likely help Obama on immigration, Motomura told Politico.

"We have a system that runs on discretion. There are 11 million people in the country who in theory are not supposed to be here. Congress has funded the capability to deport maybe half a million people a year," he noted, adding a legal bar to broaden a deferred action program is simply not in place.

"He could expand it to people who are closely related to those people who have been standing in line to be approved," Motomura said of Obama.

The president, under harsh criticism by Republicans for the border crisis, pushed back on their own congressional inaction as he announced his plans to move ahead alone. Thus far, legislative attempts to overhaul immigration policy have failed in Washington, The New York Times reported, noting that no further action is expanded on a new law this year.

"While I will continue to push House Republicans to drop the excuses and act — and I hope their constituents will, too — America cannot wait forever for them to act," Obama said. "I’m beginning a new effort to fix as much of our immigration system as I can on my own, without Congress."

Urgent: Discover your risk for heart disease, take the test now!

Related Stories:

© 2014 Newsmax. All rights reserved.

  Comment  |
   Contact  |
  Print   |
  Copy Shortlink
Around the Web
Join the Newsmax Community
Please review Community Guidelines before posting a comment.
>> Register to share your comments with the community.
>> Login if you are already a member.
blog comments powered by Disqus
Zip Code:
Privacy: We never share your email.
Follow Newsmax
Like us
on Facebook
Follow us
on Twitter
Add us
on Google Plus
Around the Web
Top Stories
You May Also Like

Allen West Says Goodbye to Florida at Holiday Party

Saturday, 20 Dec 2014 08:49 AM

Tea party hero Allen West is making his final Florida appearance before moving to Texas. . . .

US Troops Fight ISIS in Western Iraq, Al Jazeera Says

Saturday, 20 Dec 2014 08:31 AM

U.S. soldiers clashed with Islamic State militants as they helped the Iraqi army repel attacks against the town of al-Ba . . .

Franciscan Order in 'Grave' Financial Trouble Over Fraud

Saturday, 20 Dec 2014 08:20 AM

The Franciscan Order founded by Saint Francis of Assisi, who advocated a life of poverty, is in deep financial trouble f . . .

Most Commented

Newsmax, Moneynews, Newsmax Health, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, and Newsmax World are trademarks of Newsmax Media, Inc.

America's News Page
©  Newsmax Media, Inc.
All Rights Reserved