As President Obama is getting ready to make his announcement on immigration tonight, the Congressional Research Service is advising Congress through legislative attorneys, Kate M. Manuel and Michael John Garcia “on the scope of the Executive’s discretionary authority over immigration matters, including with respect to the enforcement of immigration-related sanctions and the granting of immigration benefits or privileges.” (“Executive Discretion as to Immigration: Legal Overview,” November 10, 2014, R43782)
The precedent has already been set in 2012 following the “executive initiative” known as Deferred Action for Childhood Arrivals (DACA) when children brought unlawfully to the United States by their parents were granted “deferred action” and work permit. These young people perhaps voted in the 2012 election.
Critics viewed this executive order as an “abdication of the Executive’s duty to enforce the laws” and violated specific requirements of the Immigration and Nationality Act (INA).
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