Democrats: Legal basis for Obama to act on immigration clear and substantial
Leading proponents of immigration reform are preparing to throw their full political weight behind President Obama as he prepares to use executive authorities to revamp the nation's immigration laws.
Reps. Zoe Lofgren (D-Calif.) and Luis Gutierrez (D-Ill.), two of the most vocal proponents for immigration reform, began circulating a letter of support on Wednesday that lays out the economic, political and legal arguments that they hope Obama's allies will be making on his behalf once he takes action and begins facing Republican criticism for doing so.
A draft of the letter is being circulated among Democrats with plans to formally send a copy to the White House later Wednesday or on Thursday. The Washington Post obtained a copy of the draft from a congressional aide. The offices of Lofgren and Gutierrez didn't immediately respond to requests for comment.
Obama said last week that he is planning to use his executive powers to overhaul at least part of the nation's immigration system, dismissing calls by Republican congressional leaders that he delay doing so. Obama is said to be considering a suite of options that could grant temporary legal status to as many as 5 million illegal immigrants, according to several people familiar with his plans. He is expected to act once he returns from his current trip to Asia and Australia and before the end of the year.
In the letter, Democrats tell Obama they "were very disappointed" when he postponed taking action before the midterm elections, but are encouraged that he still plans to do so soon.
"We hope that your actions will prevent the separation of undocumented family members of U.S. citizens, lawful permanent residents, and DACA beneficiaries and offer protection to others who have long worked in the United States and have established strong ties with our communities. We further hope that they will make our immigration enforcement efforts more sensible and humane," they write.
"Bold and meaningful executive action will provide a boost to our national and local economies," they add later. And they believe that Obama's legal authority to act "is clear and substantial."
They cite the 2012 U.S. Supreme Court case, Arizona v. United States, where Chief Justice John Roberts wrote that the Obama administration retains "broad discretion" to decide "whether it makes sense to pursue removal [of illegal immigrants] at all."
They add that "every past President, starting from President Dwight D. Eisenhower more than half a century ago, has used such authority when dealing with similar issues regarding the national interest."
As for the political fallout, Democrats believe Obama is correct to blame Republicans for congressional delay: "For the past two years it was not Senate Democrats that blocked much-needed legislation, it was House Republicans. That obstacle to sensible immigration reform still remains. Let us also not forget that congressional Republicans previously blocked reform in 2006 and 2007."
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Democrats: Legal basis for Obama to act on immigration clear and substantial