An Executive Solution To Immigration?

In the face of a hopelessly deadlocked Congress, Ronald Brownstein expects Obama to act alone on the border crisis and on immigration reform more broadly. His chosen course of action, Brownstein adds, could have major consequences for the Republicans:

The president can’t provide [illegal immigrants] citizenship without action by Congress. But using the same theory of “deferred action” that he employed in 2012 for children brought to the U.S. illegally by their parents, he could apply prosecutorial discretion to allow some groups of the undocumented (such as adults here illegally with children who are U.S. citizens) to obtain work permits and function openly. Though the administration is still debating the reach of Obama’s authority, some top immigration advocates hope he could legalize up to half of the undocumented population.

Such a move would infuriate Republicans, both because the border crisis has deepened their conviction that any move toward legalization inspires more illegal migration and because the president would be bypassing Congress. They would likely challenge an Obama order through both legislation and litigation. Every 2016 GOP presidential contender could feel compelled to promise to repeal the order. Those would be momentous choices for a party already struggling to attract Hispanics and Asian-Americans.

Francis Wilkinson agrees that executive action is the only way forward, even though it will infuriate conservatives:

If Obama defers deportation for a large number of undocumented immigrants, calls for his impeachment may expand beyond the back benches of Congress. But Obama has already deferred deportation for the young “Dreamers” who qualified for his 2012 Deferred Action for Childhood Arrivals. When House Speaker John Boehner outlined his proposed lawsuit against the president for allegedly exceeding his powers, Boehner, no doubt mindful of his party’s poor reputation among Hispanic and Asian voters, focused on Obama’s implementation of the health-care law and left DACA out of the complaint.

A broad amnesty would no doubt inspire legal actions and political recriminations. But Obama is already reviled by anti-immigration activists and Republicans, who will be no more willing to compromise tomorrow than today. Perhaps foolishly, Obama whetted the appetites of pro-immigration forces for bold executive action. Their energy and expectations are high. With Democrats on the cusp of solidifying Hispanic support, perhaps for a very long time, the prospect of alienating Hispanic voters through timidity or inaction may now be the more dangerous route.