Legaleze argument regarding Obama immigration move. Any experts here?

[Scuba]

The issue is a perceived difference between Reagan's EO on immigration and Obama's. Here's the argument:

The biggest difference between RWR's EO and BHO's from a process point of view, is that RWR's tweaked the Simpson-Marzoli act, just passed by congress, to allow spouses of legalized immigrants legalized by that law to also stay.

BHO offered "immigration immunity" to hundreds of thousands without such constraints because there wasn't a law in place. Ergo, BHO "created a new law" vs. "tweaked an existing law."

[AngryAmish]

1. Was Reagan's ever challenged in court?

[morningfog]

2. Differnce without a distinction.

[elleng]

3. there is a law in place,

and he's using his discretion/that of immigration authorities to determine which of those in violation of the law should be prosecuted/deported.

Deporting criminals.
The President proposal expands smart enforcement efforts that target convicted criminals in federal or state correctional facilities, allowing us to remove them from the United States at the end of their sentences without re-entering our communities. At the same time, it protects those with a credible fear of returning to their home countries.

Streamline removal of nonimmigrant national security and public safety threats.
The President’s proposal creates a streamlined administrative removal process for people who overstay their visas and have been determined to be threats to national security and
public safety.

Improve our nation’s immigration courts.
The President’s proposal invests in our immigration courts so judges can more efficiently process current and future cases. By increasing the number of immigration judges and their staff, investing in training for court personnel, and improving access to legal information for immigrants, these reforms will improve court efficiency. It also allows DHS to better focus its detention resources on public safety and national security threats by expanding alternatives to detention and reducing overall detention costs. It also provides greater protections for those least able to represent themselves.

Prioritizing convicted criminals and violent offenders for deportation.
The Department of Homeland Security (DHS) has set clear enforcement priorities so that individuals who are a threat to our public safety and national security, such as convicted criminals, are the highest enforcement priority. These efforts are producing real results.

In 2012, approximately 55 percent or 225,390 of the people removed were convicted of felonies or misdemeanors — almost double the removal of criminals since 2008.

DHS has also issued guidance to law enforcement personnel and attorneys regarding their authority to exercise prosecutorial discretion where appropriate to ensure greater consistency in the treatment of low-priority cases.

In addition, DHS worked to better target their resources by reviewing, on a case-by-case basis, deportation cases pending before the immigration courts in order to focus on the highest enforcement priorities by clearing out the backlog of low-priority cases. . .

But in the absence of any action from Congress, the Administration will continue to focus its immigration enforcement resources on securing the border, keeping our communities safe, and prosecuting criminals, not young people who are ready to contribute to the country they grew up in. On August 15, 2012, U.S. Citizenship and Immigration Services formally launched the Deferred Action for Childhood Arrivals (DACA) process. To learn more about the DACA process, visit: www.uscis.gov/childhoodarrivals.

http://www.whitehouse.gov/issues/immigration/strengthening-enforcement

[Scuba]

4. Thanks elleng. Two questions:

1. To what law are you referring? ("There's a law in place.&quot

2. What about the "offered immigration immunity to hundreds of thousands without such constraints" piece? Did he actually make any offer of "immigration immunity"?

[elleng]

6. No offer of immunity that I'm aware of, Scuba.

Temporary deferral of prosecution/deportation for many is offered.

The law at issue concerns the way people from other countries may enter and live in the U.S. There's a slew of info here: http://immigration.findlaw.com/

President Obama has proposed the following:

Create a provisional legal status.
Undocumented immigrants must come forward and register, submit biometric data, pass criminal background and national security checks, and pay fees and penalties before they will be eligible for a provisional legal status. Agricultural workers and those who entered the United States as children would be eligible for the same program. Individuals must wait until the existing legal immigration backlogs are cleared before getting in line to apply for lawful permanent residency (i.e. a “green card”), and ultimately United States citizenship. Consistent with current law, people with provisional legal status will not be eligible for welfare or other federal benefits, including subsidies or tax credits under the new health care law.

Create strict requirements to qualify for lawful permanent resident status.
Those applying for green cards must pay their taxes, pass additional criminal background and national security checks, register for Selective Service (where applicable), pay additional fees and penalties, and learn English and U.S. civics. As under current law, five years after receiving a green card, individuals will be eligible to apply for U.S. citizenship like every other legal permanent resident.

[Spazito]

5. The Role of Prosecutorial Discretion in Immigration Law

"The concept of "prosecutorial discretion" appears in the immigration statute, agency memoranda and court decisions about select immigration enforcement decisions. Prosecutorial discretion extends to decisions about which offenses or populations to target; whom to stop, interrogate, and arrest; whether to detain or release a noncitizen; whether to initiate removal proceedings; and whether to execute a removal order; among other decisions. Similar to the criminal context, prosecutorial discretion in the immigration context is an important tool for achieving cost-effective law enforcement and relief for individuals who present desirable qualities or humanitarian circumstances."


http://elibrary.law.psu.edu/cgi/viewcontent.cgi?article=1016&context=fac_works