America is debating the legality of President Obama’s executive order to defer prosecution of some people who have immigrated to the United States illegally. On more than twenty occasions over the past half dozen years, the President has declared that he lacked the authority to do that which has just done. He claims, now, that he has that authority, because Congress has refused to act.
Actually, the Senate, controlled by Democrats, has passed a bill that the House, controlled by Republicans, has not taken up for a vote; and the House, controlled by Republicans, has passed a bill that the Senate, controlled by Democrats, has refused to take up for a vote. In the pre-Harry Reid days, each chamber would appoint members to a conference committee and a compromise bill would be hashed out. That hasn’t been done since Sen. Reid became Majority Leader. Perhaps when the Republicans take control in January the old ways will come back into vogue.
A couple of things the President failed to mention during his emotional “we are not going to rip babies from the arms of their parents” address to the nation: 1) the cost of his action – because the undocumented immigrants will have full access to the Earned Income Tax Credit and other income transfer programs; and 2) if granting legalized status will make it more likely that others will attempt to cross the border in hopes that they will be included in a future program (Legalization as a magnet to attract more illegal immigrants has happened with almost scientific precision each time a form of “amnesty” or legalization has been offered.)
The President claims he has strengthened our Southern border. The influx of some 60,000 unattached children this summer belies that assertion. It seems to us that border security should be the starting point. No matter how we deal with illegal immigrants – even a professor of constitutional law should understand that is easier to deal with 10,000 people than with 10,000,000.
The other big item that the President has failed to take into account also was mentioned above: a new Congress is going to take office in January; one in which Republicans have increased their margin in the House and gained control of the Senate. Is the President’s impatience so strong that he cannot wait until the new Congress has at least had an opportunity to take a shot at the issue? Again, we don’t think that his executive action is legal or justified, regardless of who controls Congress or how little action they may take; but it is even less justified given that a new Congress will take office in less than two months. Our advice to that Congress? Ignore the President’s action and come January pass legislation dealing with the issue. The professor of constitutional law may lecture, or even threaten to dole out failing grades, but Congressional action in the form of a bill will have force in a way that an executive order does not.