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Quick Analysis

Obama’s Unilateral Immigration Policy

Has the Obama Administration decided to unilaterally, without the involvement of Congress, change the immigration law of the United States? Department of Homeland Security Secretary Jeh Johnson states:

“In January 2016, overall apprehensions on our southwest border – an indicator of total attempts to cross the border illegally — declined 36 percent from the previous month, and were at the lowest levels since January 2015. Also, in January 2016, apprehensions of unaccompanied children declined by 54 percent compared to the month before, and apprehensions of those in families declined by 65 percent in the same period.

“On the one hand, the new enforcement policy announced by the President and me on November 20, 2014 makes clear that our limited resources for immigration enforcement will not be dedicated to the removal of those who have committed no serious crimes, have been in this country for years, and have families here. Under our new policy, these people are not priorities for removal… when enforcing the immigration laws, our personnel will not, except in emergency circumstances, apprehend an individual at a place of worship, a school, a hospital or doctor’s office or other sensitive location…Secretary Kerry announced on January 13 that we are expanding our Refugee Admissions Program to help vulnerable men, women and children in Central America. The U.S. government is partnering with the UN High Commissioner for Refugees and non-governmental organizations in the region to implement this as soon as possible. This approach builds on our recently established Central American Minors program, which is now providing an in-country refugee processing option for certain children with parents in the United States, as well as the existing asylum process.”

While Secretary Johnson claims that his agency is concentrating on criminal illegal aliens, studies by Paul Bedard, writing in the Washington Examiner  indicate otherwise. “Criminal prosecution of immigration offenses over the past five years is down 36 percent, and the once-successful program of detaining illegal immigrants in state and local jails is in free fall, down by two-thirds, according reports from two federal agencies. Justice Department statistics show that criminal prosecutions for crimes such as unlawful re-entry by an illegal in November totalled 4,861, down 13.2 percent over the previous month. Over the past year, that number is down 22.3 percent. According to the Center for Immigration Studies, which analyzed the data, that is a five year decline of criminal prosecutions of 36 percent.”

In an article written for Roll Call Sen. Jeff Sessions and Rep. Dave Brat warned that “America is about to break every known immigration record…The Census Bureau projects that the foreign-born share of the U.S. population will soon eclipse the highest levels ever documented, and will continue surging to new record highs each year to come. In Washington, immigration reform has devolved into a euphemism for legislation that opens America’s borders, floods her labor markets and gives corporations the legal right to import new foreign workers to replace their existing employees at lower pay…This is not immigration reform. This is the dissolution of the nation state, of the principle that a government exists to serve its own people.”
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In a report entitled “Immigration Handbook for the New Republican Majority”   outlining how Congress should respond to White House actions, Senator Sessions has accused the Obama Administration of acting unilaterally and in defiance of the Constitution.

“President Obama has declared null and void the sovereign immigration laws of the United States in order to implement immigration measures the Congress has repeatedly and explicitly rejected. His order grants five million illegal immigrants work permits, Social Security, Medicare, and free tax credits—taking jobs and benefits directly from struggling American workers. U.S. citizens have been stripped of their protections they are entitled to under law…

“President Obama’s former ICE Director, John Sandweg, famously conceded: “if you’re a run-of-the-mill immigrant here illegally, your odds of getting deported are close to zero.” Since entering office, President Obama has engaged in a sustained campaign to collapse immigration enforcement. My office has compiled a detailed timeline of his actions, including many dangerous directives not widely known to the public—a copy of which can be provided upon request…

“Consider the illegal immigration surge from Central America. Approximately 99 percent of those who arrived in that surge—whether minors or adults in family units—are still in the United States, according to DHS data. 16 Instead of removing illegal immigrants, the President has expended enormous time, energy, and resources into resettling newly arrived illegal immigrants throughout the United States. Any border security plan that leaves this resettlement operation intact is doomed to failure. Jessica Vaughan at the Center for Immigration Studies estimates that more than 100,000 illegal immigrants who showed up at the border [in 2014] have been freed into the United States.”