Election day is over. It's time for real US immigration reform. Your move, Obama

freshh. · 11-05-2014, 01:10 PM

Quote:

We are now beyond Election Day. The excuses and delays for inaction on immigration are over. The president of the United States should act swiftly and use the powers he already has under existing law to address immigration and deportation – as soon as possible. Along with a lot of other people, I will hold President Obama to his promise on doing what he can towards “fixing our broken immigration system” after the elections. I hear he is crafting a series of executive actions, but I don’t know if it will amount to half-a-loaf, a full loaf or just a few slices.

I think there is only one path to success, and it will set the stage for future legislation to modernize our immigration system. Success on immigration means a full approach to reform, which to me means expanding protections to 5-8 million undocumented people currently living in this country. Go big, President Obama.

In a few weeks, a new do-nothing Congress will replace the current do-nothing Congress, but not much will change on the immigration issue. Nearly 500 days ago, the Senate passed bipartisan legislation that would have addressed a broad range of fixes for the nation’s immigration system, but that legislation will die once the new Congress is sworn in. In the House, despite a clear majority to pass similar legislation, Republican leaders did not allow a vote because it would have exposed deep divisions among Republicans – and risked President Obama actually getting some of the credit for fixing a priority national issue.

President Obama cannot do with executive actions all of the things that the comprehensive Senate bill would have done. But he can act – on a comparable scale – to improve our security and reduce the destruction that mass deportations have unleashed in America’s families.

So, let’s move forward, Mr President. Let’s take as many people out of the deportation queue as possible. With limited resources and 10.5 million immigrants who could be deported, the president and the Department of Homeland Security must prioritize. If you commit a serious crime, represent a danger to America, or if you are preying on your community, you should get deported first.

But for almost everyone else, it is in our national interest to get millions of immigrants to register with the government – to start living above board and working on-the-books. The first step is enrolling immigrants in a program that incorporates key requirements, including a criminal background check, full tax compliance and periodic review and renewal. This puts employers on notice that we intend to protect the legal rights of all employees, which will make it harder for them to exploit and undercut US-born workers.

The reality is simple: the vast majority of America’s undocumented immigrants have already lived here for more than a decade – they have children, families, mortgages and careers. If you have immediate family members who are citizens, who have legal status or who have received deferred action, a full-loaf approach would offer a way for you to live and work here, even if it is only temporarily until Congress takes legislative action.

Half-a-loaf or less would fail to reduce the stress that mass deportation is putting on federal and immigration courts, which have ground to a halt because of the detention caseload. The process of determining a child’s asylum claim should not take years, but we need resources and a change in priorities to more efficiently and humanely process cases instead of building privately-run detention centers for families to wait in limbo.

Democrats and the American people will support President Obama if he delivers on comprehensive fixes when defining who should have temporary reprieve from the threat of deportation – and therefore who should be allowed to stay here until a permanent fix is negotiated and meaningful legislation passes. Anything less would mute this support and, in fact, galvanize those left behind and their families to criticize the president. We should not be halfway committed to justice, prosecutorial discretion and taking definitive action.

Republicans will criticize whatever President Obama does because that is what they do. They will say that they would work with him – and with myself and my fellow Democrats in Congress – but not if he takes executive action. Those two paths, however, are not mutually exclusive. Congressional action has often followed presidential action to protect immigrants from deportation; Congress can still change what the president orders.

So while Republicans remain divided on whether to do anything about immigration, President Obama should not be expected to do nothing when he has the power to help and protect America.

What the president does – and how big he goes – will define where the country stands on immigration and deportation for some time to come. We must stand on principle and practicality, and we should be very clear that a policy aimed at driving out 10 or 11 million people is not a good one. We should be clear that we prefer a system that allows people to come to the US with visas, not in the hands of smugglers. We should encourage people who have lived here peacefully for years to earn legal status over time.

With the midterms behind us, taking action is the first step in restoring orderliness and lawfulness to our immigration system. And if it spurs the reincarnated do-nothing Congress to take action, all the better. Do as much good as you can do, Mr President, to save American families.

Source

Djdieg007 · 11-05-2014, 01:22 PM

Can obama revoke the 10-year ban?

eddy · 11-05-2014, 01:59 PM

Quote:

Originally Posted by Djdieg007

Can obama revoke the 10-year ban?

The issue with that is, yes it does prevent people from LEAVING the country, but then what would be the consequence for entering the country illegally or overstaying?

Djdieg007 · 11-05-2014, 02:36 PM

Yeah well the issues is a lot of people have petition that is not covered under section 245i, and cannot adjust in the coutry. If the ban is removed i would think they could go home and receive their documents there.

Demise · 04:28 PM

Quote:

Originally Posted by Djdieg007

Can obama revoke the 10-year ban?

Presidential waiver. The president could well authorize USCIS to grant pardons for immigration violations which prevent people from adjusting status. While he cannot throw green cards at people, he can clear the way for anyone otherwise seeking adjustment of status.

So what could be done (using a few cases to illustrate).
You entered US illegally 10 years ago.
You found an employer willing to sponsor you (or are otherwise eligible to adjust status aside as an immediate relative).
USCIS waives your previous illegal presence under a pardon EO before you leave to go to the consulate.
Once your priority date is current you leave US (with no re-entry ban) undergo consular processing, get your immigrant visa, and return to US.

You entered US illegally 12 years ago, were caught on the border, given a hearing date, and were never seen again. You were ordered removed in-absentia.
You married a US citizen.
USCIS grants you parole in place as a part of your adjustment application.
USCIS pardons you from being ordered deported.
You adjust status as an immediate relative.

You overstayed your visa 3 years ago.
You win the green card lottery.
USCIS pardons your previous illegal presence.
You leave US, visit the US consulate abroad, pick up an immigrant visa as a lottery winner and return to US.

Only things needed here would be two:

EO from the president which says:
"I authorize the Secretary of Homeland Security to grant presidential pardons on my behalf to any person who has committed immigration violations which make them inadmissible to United States."

New USCIS form "Request for immigration pardon(s) and/or deferred action and/or parole".
The form listing the following:

Part 1:
(check box) I am seeking pardon(s) because (check one):
I am inadmissible and:
a) I seek to adjust status to that of a permanent resident in United States.
b) I seek to undergo consular processing for an immigrant visa abroad.
c) I seek to obtain a non-immigrant visa in the following category: ____
d) Other (please specify): ____________________

I believe to be inadmissible due to the following reasons and no others, for which I seek pardon(s) (check all the apply):
(Full list of inadmissibilities to US, akin to that found on an application for U-visa will be here).

Part 2:
(check box) I am seeking deferred action because (check all that apply):
a) I have a pending or approved immigration petition for which the priority date is:
i) Current
ii) Not current
b) My removal from US would cause hardship to a US citizen or permanent resident family member(s).
c) My removal from US would cause hardship to myself.
d) I seek to extend previously granted deferred action.
e) Other (please specify): _____________________

If you checked section part 2(a) please enter information of the petition:
Category: ________
Priority date: ________
Approval date: ________ (check box) Not yet approved.

If you checked section part 2(b) please enter the information of the family members (multiple of these):
Name:
Relationship:
Status: (check box) USC (check box) LPR
SSN:
Address:
Place of birth:
If LPR, country of citizenship:

Part 3:
(check box) I seek parole in place because (check one):
I am an immediate relative of a US citizen US military member.
I am an immediate relative of a US citizen who is not in the military.
Other (please specify): _______

[Signature section here]

Djdieg007 · 11-06-2014, 12:35 AM

Isn't that basically an immigration reform? Anyone could apply and start the process which would take. 15 years, but then go back and adjust in their own country...

He has made no comment about doinf something like that.

Demise · 01:03 AM

Quote:

Originally Posted by Djdieg007

Isn't that basically an immigration reform? Anyone could apply and start the process which would take. 15 years, but then go back and adjust in their own country...

He has made no comment about doinf something like that.

It is possible, but that would require a president with beach ball sized balls, Barry would never do something like that. We need Randy Marsh as the president:

Malign0n · 11-06-2014, 01:02 AM

Quote:

Originally Posted by Demise

Presidential waiver. The president could well authorize USCIS to grant pardons for immigration violations which prevent people from adjusting status. While he cannot throw green cards at people, he can clear the way for anyone otherwise seeking adjustment of status.

So what could be done (using a few cases to illustrate).
You entered US illegally 10 years ago.
You found an employer willing to sponsor you (or are otherwise eligible to adjust status aside as an immediate relative).
USCIS waives your previous illegal presence under a pardon EO before you leave to go to the consulate.
Once your priority date is current you leave US (with no re-entry ban) undergo consular processing, get your immigrant visa, and return to US.

You entered US illegally 12 years ago, were caught on the border, given a hearing date, and were never seen again. You were ordered removed in-absentia.
You married a US citizen.
USCIS grants you parole in place as a part of your adjustment application.
USCIS pardons you from being ordered deported.
You adjust status as an immediate relative.

You overstayed your visa 3 years ago.
You win the green card lottery.
USCIS pardons your previous illegal presence.
You leave US, visit the US consulate abroad, pick up an immigrant visa as a lottery winner and return to US.

Only things needed here would be two:

EO from the president which says:
"I authorize the Secretary of Homeland Security to grant presidential pardons on my behalf to any person who has committed immigration violations which make them inadmissible to United States."

New USCIS form "Request for immigration pardon(s) and/or deferred action and/or parole".
The form listing the following:

Part 1:
(check box) I am seeking pardon(s) because (check one):
I am inadmissible and:
a) I seek to adjust status to that of a permanent resident in United States.
b) I seek to undergo consular processing for an immigrant visa abroad.
c) I seek to obtain a non-immigrant visa in the following category: ____
d) Other (please specify): ____________________

I believe to be inadmissible due to the following reasons and no others, for which I seek pardon(s) (check all the apply):
(Full list of inadmissibilities to US, akin to that found on an application for U-visa will be here).

Part 2:
(check box) I am seeking deferred action because (check all that apply):
a) I have a pending or approved immigration petition for which the priority date is:
i) Current
ii) Not current
b) My removal from US would cause hardship to a US citizen or permanent resident family member(s).
c) My removal from US would cause hardship to myself.
d) I seek to extend previously granted deferred action.
e) Other (please specify): _____________________

If you checked section part 2(a) please enter information of the petition:
Category: ________
Priority date: ________
Approval date: ________ (check box) Not yet approved.

If you checked section part 2(b) please enter the information of the family members (multiple of these):
Name:
Relationship:
Status: (check box) USC (check box) LPR
SSN:
Address:
Place of birth:
If LPR, country of citizenship:

Part 3:
(check box) I seek parole in place because (check one):
I am an immediate relative of a US citizen US military member.
I am an immediate relative of a US citizen who is not in the military.
Other (please specify): _______

[Signature section here]

I very much thought about this. Pardons are usually handled by the justice department so it's already bureaucratized, just need to scale it up, perhaps expanding it to other executive agencies like you mentioned?

However, I read somewhere that pardons only provide relief to federal criminal statutes and not civil ones like immigration... But could he easily expand this power under interpretation of Article 2 Section 2

Quote:

The President shall... Have the power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment

could the courts allow a blanket reprieve under the assumption that the president has few limits on his presidential pardon power?

Is an immigration offense considered an offense against the United States?

Demise · 11-06-2014, 12:30 PM

Quote:

Originally Posted by Malign0n

I very much thought about this. Pardons are usually handled by the justice department so it's already bureaucratized, just need to scale it up, perhaps expanding it to other executive agencies like you mentioned?

However, I read somewhere that pardons only provide relief to federal criminal statutes and not civil ones like immigration... But could he easily expand this power under interpretation of Article 2 Section 2 could the courts allow a blanket reprieve under the assumption that the president has few limits on his presidential pardon power?

could the courts allow a blanket reprieve under the assumption that the president has few limits on his presidential pardon power?

Is an immigration offense considered an offense against the United States?

Any violation of federal law can count as an offense against united states. If it said crime then only crimes could be pardoned, but with this language it can be stretched to cover civil violations as well. You could technically get a pardon for littering in a federal building...

Courts tend to not interfere with what other branches are doing, there has been numerous suits to review the filibuster rules and time after time again the courts have snuck out a window in order to not deal with it. If republishits were to sue against the president and the other parts of the executive for throwing pardons left and right, the courts would most likely say "well, you're not affected here, so you don't have the legal standing to bring up a suit, get lost".

jtcomander · 11-06-2014, 02:39 PM

Boehner just made a presscon and just gibberish...He's got a subjective view/interpretation of how the votes turned out.

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Election day is over. It's time for real US immigration reform. Your move, Obama