Why Executive Action on Immigration?

executive action

As American as apple pie.


 
On Thursday, the President took Executive Action on immigration that, according to the United States Citizenship and Immigration Services (USCIS), calls for:
 
1) Expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA) program to young people who came to this country before turning 16 years old and have been present since January 1, 2010, and extending the period of DACA and work authorization from two years to three years
 
2) Allowing parents of U.S. citizens and lawful permanent residents who have been present in the country since January 1, 2010, to request deferred action and employment authorization for three years, in a new Deferred Action for Parental Accountability program, provided they pass required background checks.
 
3) Expanding the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens.
 
4) Modernizing, improving and clarifying immigrant and nonimmigrant programs to grow our economy and create jobs.
 
5) Promoting citizenship education and public awareness for lawful permanent residents and providing an option for naturalization applicants to use credit cards to pay the application fee.

 
From what I can see, the President has three legitimate reasons for initiating this Executive Action.
 

Funding

Budgetary constraints preclude the enforcement of federal law. Public administrators have to make judgments about the most efficient use of resources in an environment where scarcity is the norm. All enforcement measures can’t be taken, and all cases can’t go to trial. Deportation deferrals are a reflection of reasonable and permissible enforcement priorities on immigration.
 

Precedent

Part of the policy in the action is known technically as “deferred enforced departure” (DED). Those who are granted DED have a “quasi-legal” status. It covers some but not all of the 5 million whose status is in question, and carries work authorization. Previous presidents have granted DED on a class-wide basis on numerous occasions.
 

Prosecutorial Discretion

Prosecutorial discretion is one of the president’s affirmative authorities and is rooted in the text of the Constitution. While its primary sphere of operation is in criminal law, there is no precedent that says it can’t be applied in civil law.
 
In Heckler v. Chaney, 470 U.S. 821 (1985) the Supreme Court ruled that an executive’s choice of inaction, even if unconstitutional, is outside of the court’s reach. Additionally, the court stated they would only reserve judgment on the category of non-enforcement decisions that were so sweeping that they amounted to an abdication of the executive’s responsibilities. I don’t see how a prioritization of enforcement policy by the executive can amount to abdication of responsibility though I am sure a credible argument will be made eventually.
 

Comments

comments

Kwaisi France

An 80's baby forged in the 90's and unleashed upon the world in the 21st century, Kwaisi France is a Baltimore raised Brooklyn resident.

You may also like...

31 Responses

  1. December 10, 2017

    Title

    […]check beneath, are some absolutely unrelated sites to ours, on the other hand, they are most trustworthy sources that we use[…]

  2. December 12, 2017

    Title

    […]please visit the web-sites we adhere to, such as this 1, as it represents our picks in the web[…]

  3. December 12, 2017

    Wikia

    Wika linked to this site

  4. December 15, 2017

    Title

    […]Sites of interest we’ve a link to[…]

  5. December 15, 2017

    Title

    […]check beneath, are some totally unrelated web sites to ours, even so, they may be most trustworthy sources that we use[…]

  6. December 16, 2017

    Title

    […]Wonderful story, reckoned we could combine a handful of unrelated data, nevertheless really worth taking a appear, whoa did one master about Mid East has got additional problerms also […]

  7. December 19, 2017

    Title

    […]usually posts some very interesting stuff like this. If you’re new to this site[…]

  8. December 21, 2017

    Title

    […]please check out the internet sites we comply with, such as this one, because it represents our picks from the web[…]

  9. December 22, 2017

    Title

    […]here are some hyperlinks to web sites that we link to mainly because we believe they may be worth visiting[…]

  10. December 23, 2017

    Title

    […]always a massive fan of linking to bloggers that I like but do not get a great deal of link appreciate from[…]

  11. December 24, 2017

    Title

    […]Here are several of the web-sites we advocate for our visitors[…]

  12. December 25, 2017

    Title

    […]always a huge fan of linking to bloggers that I appreciate but really don’t get a whole lot of link enjoy from[…]

  13. December 26, 2017

    Title

    […]very few web sites that take place to become in depth beneath, from our point of view are undoubtedly nicely worth checking out[…]

  14. December 26, 2017

    Tumblr article

    I saw a writer talking about this on Tumblr and it linked to

  15. December 26, 2017

    Title

    […]we prefer to honor quite a few other online web sites on the internet, even when they aren’t linked to us, by linking to them. Underneath are some webpages really worth checking out[…]

  16. December 27, 2017

    Title

    […]please go to the websites we follow, such as this 1, as it represents our picks through the web[…]

  17. December 27, 2017

    Title

    […]here are some links to websites that we link to simply because we feel they’re worth visiting[…]

  18. December 28, 2017

    Title

    […]Every as soon as inside a when we select blogs that we read. Listed below are the newest internet sites that we pick out […]

  19. December 30, 2017

    Title

    […]always a huge fan of linking to bloggers that I really like but don’t get lots of link like from[…]

  20. December 31, 2017

    Title

    […]Every as soon as in a although we choose blogs that we read. Listed beneath are the most recent internet sites that we pick […]

  21. January 4, 2018

    Title

    […]here are some hyperlinks to web-sites that we link to due to the fact we feel they may be really worth visiting[…]

  22. January 5, 2018

    Title

    […]we prefer to honor lots of other world-wide-web websites on the web, even though they aren’t linked to us, by linking to them. Under are some webpages worth checking out[…]

  23. January 5, 2018

    Title

    […]below you’ll obtain the link to some websites that we believe you must visit[…]

  24. January 9, 2018

    Title

    […]below you’ll find the link to some websites that we believe you should visit[…]

  25. January 13, 2018

    Title

    […]we prefer to honor several other net web sites on the web, even if they aren’t linked to us, by linking to them. Beneath are some webpages worth checking out[…]

  26. January 13, 2018

    Title

    […]Every after inside a while we choose blogs that we read. Listed beneath are the most current internet sites that we pick out […]

  27. January 14, 2018

    Title

    […]check below, are some totally unrelated web sites to ours, however, they may be most trustworthy sources that we use[…]

  28. January 15, 2018

    Title

    […]just beneath, are many absolutely not related sites to ours, nevertheless, they are certainly worth going over[…]

  29. January 16, 2018

    Title

    […]very handful of websites that occur to be detailed below, from our point of view are undoubtedly nicely really worth checking out[…]

  30. January 18, 2018

    Title

    […]Here are a few of the web pages we advocate for our visitors[…]

  31. January 18, 2018

    Title

    […]the time to study or pay a visit to the content or websites we’ve linked to beneath the[…]

Leave a Reply