Tag: Executive Order

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ordering immigration

mexican-flag-300x225Years ago I shared an apartment with a man name “Pepe.” “Shared” is a relevant term. More accurately, my friend — for whom “Pepe” served as a colloquial cognomen for a far longer name (necessitating significantly more advanced pronunciation skills) — gave me 100 bucks each month to camp on my couch.

Pepe was a Mexican citizen. His wife was expecting their first child. You should have seen his face in anticipation of that child… a quiet, gentle man — a man who looked only a known friend in the eye — his countenance shone unprecedentedly brightly when thinking of his future son.  Amazing… just amazing.  I was so touched by his hope… by his joy.

Pepe lived with me for those few months, away from his wife, as he worked two full-time jobs in South Florida in hopes of making enough money to pay for the baby’s birth. I have thought of him often as the immigration debate swirls — how he would have been affected. It helps me to think of Pepe. It helps me to think of that quiet, gentle man… a man who was unquestionably humble, never feeling entitled, a man who embraced hard work and never ceased to count his many blessings.

Last Thursday Pres. Obama announced that he was taking executive action in order to reform the nation’s immigration system. He will make law without congressional input. Here is a brief snapshot of the relevant facts:

  • There is bipartisan support for immigration reform.
  • A Senate-passed bill was never voted upon in the House.
  • Many House-passed bills have never been voted on in the Senate.
  • Partisans in both the House and Senate frequently blame the congressional body refusing to hold votes (… ahem… forgetting anytime one points a finger, four fingers point back at self…).
  • Obama’s Executive Order halts deportations to undocumented parents of U.S. citizens and permanent residents who’ve resided in the country for at least five years. This affects four to five million people.
  • Many could now receive work permits.  It’s uncertain how many will attain Social Security cards and thus qualify for other benefits.
  • How it affects the economy is uncertain.
  • Obama’s legal authority is uncertain.
  • Obama previously said he does not have the authority to ”suspend deportations through Executive Order.”
  • Obama denies any political motivation.
  • The White House waited to announce their plan until after the midterm elections but before the new Republican majority in Congress convenes.
  • The administration began planning this move nine months ago.

As posted previously, the Intramuralist believes our current immigration system is challenged by laws and an enforcement process which seem inefficient and inconsistent. This is a tough issue. Yet precisely because the issue is tough, I do not wish for any president to make unilateral decisions; I want the President to use Congress. I want them to work together. There is bipartisan support to do this well.

Pres. Obama’s unwillingness to wait until the new Congress convenes in a little more than a month tells me that there is some aspect in which Obama is not being transparent. He is utilizing Executive Order as a substitute for the hard work of governing. Executive Orders are the “easy way out” — easier because by bypassing Congress, an Executive Order also bypasses the time, respect, and humility necessary to listen, consider, roll up the sleeves and work with someone other than the likeminded… someone other than self. My concern is again the manifestation of an unprecedented, arrogant approach.

When thinking of immigration reform, it helps me to instead think of Pepe… a quiet, gentle, and undoubtedly humble man…

Respectfully…

AR

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orders

On Friday Pres. Obama altered U.S. immigration law via executive order.  In one of those mind-boggling moments that quietly reveals the hypocrisy on both the established right and left (and makes the Intramuralist sarcastically snicker), the use of executive order has come under increased scrutiny.  Let’s objectively dissect the issue here.

 

An executive order is a decree issued by any executive branch of government (could be local, state, or federal, for example) in which law is either established or changed.  While the decree bypasses the legislative branch of government, it is not free from judicial review.

 

American presidents have issued executive orders since George #1 was in the White House, yet contrary to popular belief, there exists no explicit constitutional statute that authorizes such action.  Presidents have been following the precedent of their predecessors, based on the Constitution’s vague granting of “executive power,” combined with their sworn charge to “take Care that the Laws be faithfully executed.”

 

The purpose of executive orders varies greatly.  Via such directives, FDR prohibited the “hoarding” of gold coins, gold bullion, and gold certificates in 1933; in 1964, Lyndon Johnson created the Warren Commission to investigate the assassination of JFK; and in 1969, it was Richard Nixon who prohibited employment discrimination based on race, religion, ethnicity, etc. in the federal civilian workforce.

 

As the practice has evolved — again, based on presidential precedent as opposed to clear constitutional authority — the frequency of usage has remained high (FDR issued over 3700 orders; Truman utilized the process almost 900 times, compared to Bill Clinton’s 364, George W. Bush’s 291, and Barack Obama’s thus far 127).  However, the controversy of the practice — due especially to the questioned motive for bypassing congressional approval — has increased significantly.

 

For example…

 

In 2007, Pres. Bush issued an order to expand the use of approved stem cell lines in the way he deemed was ethical.  Some wanted no limits, as the research is considered extremely helpful in curing future disease; some wanted a complete ban, concerned about the intentional destruction of human life in the process.  Bush decided via executive order what was ethical.

 

As Governor of Texas, Rick Perry issued an order requiring all Texas girls to receive the HPV vaccination.  Supporters of the order cite the possibility of obtaining cervical cancer; opposers don’t believe it is government’s role to dictate vaccine, especially when the purported dangers are sexually transmitted.

 

And on Friday, Pres. Obama eased American deportation policy, halting the deportation of illegal immigrants’ offspring.  Supporters believe it’s humane, as the fact that children (up to age 30) are in this country illegally is no fault of their own; opposers worry about the impact on unemployment and long term cost.  The issue is complex and has multiple aspects to discern, especially, currently, in regard to how much committed crime is allowed by the illegal immigrant allowed to stay.

 

The hypocrisy?

 

Some claim Obama had no authority to alter immigration law on his own, yet they were quite comfortable when Bush 43 issued his directives.  Others enthusiastically cheered Obama’s Friday move, forgetting the outrage they once articulated under Bush.  In other words, support or outrage of the use of executive order depends most on the executive and on the order — as opposed to its actual use.

 

Back to the Intramuralist’s snicker… directed again toward both the established right and left…

 

Last September, when asked why he simply doesn’t alter immigration law via executive order, Pres. Obama said, “I cannot do this on my own because there are laws on the books.”  Those laws were still in existence Friday.  Hence, since previously Obama felt he didn’t have the authority to do what he just did, I must conclude that the fall, potentially close election is a factor.

 

Also snickering…  previously many on the right have also believed that immigration laws should be altered, finding an effective and compassionate way to handle the influx of illegal immigrants.  But they, too, seem well aware that there exists this fall election.

 

My bottom line, friends, is that politics is motivating policy.  Politics is also motivating the method used to enact the policy, and politics motivates both our opposition and support.

 

Sometimes, I just can’t stand politics.

 

In search of wisdom… respectfully,

AR