Latest media reports sourced to administration officials indicate President Obama has reviewed the menu of options for executive action on immigration, yet may close the flap and opt for another Arnold Palmer and idle chat with tableside donors until the elections pass.

In an appearance in the White House briefing room this week to address events in the middle east, Obama thanked everyone for coming and turned from the podium.  A forgotten reporter shouted out something to the effect of, ‘What about immigration?’  The president returned to the podium and said “[h]ave no doubt, in the absence of Congressional action, I’m going to do what I can to make sure the system works better.”

He then added “[s]ome of these things do affect timelines, and we’re just going to be working through as systematically as possible in order to get this done.”

(Seems rather the reverse is true, that timelines in fact affect these things, or maybe I’m metaphysically challenged.  But whatever.)

The deferred action (DACA) program was announced in mid-June 2012, and applications were accepted within 90 days, many approved prior to the government’s September 30 fiscal year end.  If the fiscal year ‘system’ is the prominent timeline, then it may be more an issue of appropriations, hinting at at sizable set of actions under consideration.

Another timeline that may have entered his thinking is the upcoming mid-term election. If the Houses of Congress remain divided until his second term ends, surely the president will have greater, uh, flexibility, and a wider range of options to effect change by executive order. If the GOP takes the Senate, then Obama will be much more constrained in his ability act.

My guess is that such a risk to establishing a legacy with U.S. immigration is too high to bear and Obama will act within a few weeks, incumbent senators in pink states be darned.  By accepting that risk and delaying action, whether by fiscal or political choice, he would be undermining a Hispanic caucus that will endure as a political force in America far longer than he.  The waitress is back and its time to order, Mr. President.

The news out of Washington, DC is not good.  A combination of events, including an unexpected influx of Central American immigrant children at the Texas border, has caused House Republicans who hold the keys to immigration reform to step back and reassess the politics and sensibility of comprehensive immigration reform.  President Obama has promised to move forward with executive actions to re-prioritize deportation policy in lieu of reform legislation, but the reality is that the Department of Homeland Security will remain significantly constrained to alter existing mechanisms of illegal immigration and deportations beyond the muddled notions of prosecutorial discretion and deferred action already in place.

If you are the beneficiary of a grant of deferred action (DACA), you must prepare and file another deferred action application, including another application for employment authorization, before the expiration of your current two year period.  As always, the best resource for accurate and up-to-date information is the USCIS website.  See here for the latest official information about the DACA renewal process.

If you are in removal proceedings with few if any legal options for relief, and are (at the advice of your attorney or otherwise) utilizing delay tactics in the hope that you may yet become the beneficiary of reform legislation, you should understand that further delay may become untenable and is fraught with risk.  A responsible approach should incorporate practical strategies that rely in part on available waivers under existing law.  Filing a frivolous asylum or withholding of removal application should never be the answer, particularly now that it appears immigration reform legislation, if it ever arrives, may be more conservatively skewed.

 

 

In the latest round of dueling press releases disguised as serious legislative action, the House of Representatives this week passed the ENFORCE the Law Act of 2014 (H.R. 4138), a Moses-like edict to the president to obey the law, to which the president quickly answered with a public event in the ornate East Room of the White House where he promised to kick illegal aliens out of the country more humanely.

ENFORCE in this instance stands for Executive Needs to Faithfully Observe and Respect Congressional Enactments.  At best, one can applaud House Republicans for scrounging in their late-night scrabble for a suitable ‘R’ in this farcical legislative proposal.

Pres. Obama, meanwhile, has linked arms with the Hispanic caucus and confessed his true obsession: that he’d rather be Pope than President.

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. . . stimulate investment, and promote specialization that in the long run boosts productivity. . .  there is no evidence that these effects take place at the expense of jobs for workers born in the United States.”

So says economist Giovanni Pero of the University of California, Davis, in a report on the impact of the H-1B visa published by the Federal Reserve Bank of San Francisco.

This Forbes article highlights differing approaches to the H-1B (or lack thereof) problem by the House of Representatives and Senate.  The House’s ‘Skills Visa Act’ removes barriers to IT outplacement firms currently facing H-1B dependency restrictions.  The Senate Bill, famously passed last June but which languishes somewhere deep in the Milky Way, keeps the screws to H-1B dependent employers.  Senate Democrats surely insist.

These seemingly subtle differences differences reflect fragmented policy approaches to the economics of immigration.  Protectionism complicates progress in a global economy.  To some, America’s composition is at issue.  To others, competitiveness.  The sensible approach incorporates both policy prescriptions without pandering to special interests (unions, primarily) or xenophobia.  The Great Immigration Stalemate continues.

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