On November 20, 2014, President Obama announced steps that his administration is taking to fix parts of America’s broken Immigration system. Following years of unsuccessful efforts to reach consensus with a divided Congress, the President is exercising the lawful authority of the Executive Branch to address some long-overlooked issues relating to U.S. immigration policy. While there are some who feel that the President is stretching the legal boundaries of executive action, the White House believes that there is a solid Constitutional basis for the action and a clear historical record of Presidents from both parties using executive authority in similar ways.
The plan that has been announced is not an amnesty. It does not offer citizenship or a path to citizenship. It does not offer green cards or lawful status to the undocumented. It does not protect criminals from deportation and does not offer food stamps, Medicaid or other public benefits to the undocumented.
It is a temporary measure, and a sort of prosecutorial discretion, to offer “deferred” status and work authorization to qualifying undocumented immigrants who have been living in the U.S. for at least five years and who are parents of U.S. Citizens or Lawful Permanent Residents (LPRs). To qualify, the applicant must register with the government, pass a background check, pay back taxes and a filing fee. This part of the President’s plan is expected to impact roughly four million individuals who, by reason of their ties to the U.S., are considered more deserving of deferred status.
The plan has many other aspects and includes provisions for strengthening the border, streamlining deportation proceedings, prioritizing the deportation of criminals and recent arrivals, widening the Deferred Action for Childhood Arrival (DACA) program, focusing enforcement resources on threats to public safety and national security and provisions intended to deter the inflow of undocumented immigrants.
The plan also addresses issues of concern involving legal immigration and includes provisions to provide employment flexibility for high-skilled workers, to offer employment authorization to some spouses of high-skilled workers, to promote investment by foreign entrepreneurs, to expand the availability of Optional Practical Training (OPT) for international students in STEM fields, to reduce family separation for eligible persons waiting for green cards, to enable applicants for permanent residence to travel more freely, and to expand existing policies to permit spouses and children of U.S. citizens to join our military.
Most of these provisions are not controversial. However, the use of executive authority, rather than legislation, to achieve these reforms has been criticized by opponents of the President, right wing conservatives and anti-immigrant activists. However, the legal foundation for these initiatives is well established and polls show that a majority of the American public supports these kinds of measures.
To view the White House Fact Sheet on the President’s executive actions on immigration, click here.
For information on how you, your family members, your employees and others may benefit from the President’s initiatives, contact us.