Â Â Â Â Â Â Â Â Â Â Â On November 20 and 21, President Obama declared his Immigration accountability executive order that included actions that would change the Immigration system of the United States of America. The executive actions from the administration range from new temporary immigration protections for many authorized illegal immigrants (parents)and improvement of the visa process. These changes, updates, and temporary measures relyon thesuccessful implementation of programs, excellent coordination of immigration enforcement. The objective isto utilize immigration as a driver of economic and social change(American Immigration Council, 2014).
One of the orders of President Obama to defer deportation of undocumented people in the United States of America without granting them citizenship or green-card caused much criticism of Obamaâ€™s decisions. In this research paper, the effects, legality, and criticism are discussed. Moreover, the steps are taken to improve the Visa process.
Effects of Presidentâ€™s Order
The Obama Executive actions will lead to the following in the United States of America.
- It would provide a legal fence to the undocumented parents of U.S citizens and the permanent residents living in the country for at least five years. Authorities will not deport these people, and many can get a work permit.
- It would contribute to the 2012 deferred action for Childhood arrivals (DACA) program that allowed young immigrants (age not more than 30) to work in the United States of America.
- The executive order also includes a program to facilitate visas for people who are investors in the United States of America, and students who pursue science, technology, engineering and math degrees.
- The order would modify federal immigration detention procedures.
- It would add resources to strengthen security at the border.
However, the program would not do the following things in the United States of America
- It would not extend protections to hundreds of thousands of parents of young immigrants who participated in the DACA program.
- It would not extend visas for migrant farm workers.
- It would expand the H-1B visa program for highly skilled foreigners.
- It would offer access to the Affordable care act for newly protected immigrants.
The Migration Policy Institute estimated that about 4 million undocumented immigrants would be directly affected by the action. One of the estimates is 3.71 million undocumented immigrants have children who are U.S citizens. Then, 290,000 people will add to 1.2million young immigrants eligible for deferred deportation under the Administration 2012 program.
The number of undocumented immigrants rose from 3.5 million in 1990 to 12.2 million in 2007 according to the Paw research center.
However, the number declined to about 11.3 million. These undocumented people have been living in the United States of America for nearly 13 years. The majority of these people are from Mexico followed by Latin America and Asia.
The research of the Migration Policy Institute shows the demographic distribution of these undocumented people. Most of the undocumented immigrants are young between 16 and 44 years of age.
An estimated 3.7 million immigrant parents would have temporary legal statusÂ if their childÂ lives in U.S for five or more yearsÂ and is either a US citizen or has legal residential status.Â Moreover, 1.5 million immigrants could qualify for protection through age and residency expansion to the DACA program.
However, 6.2 million of the estimated 11.4 million undocumented immigrants would not qualify for protection under this program(Ehrenfreund, 2014).
Constitutional, Legal and historical grounds for the Executive Order
The President has the duty and authority to enforce laws. Firstly, every law enforcement agency has theprosecutional discretion that is the power to decide investigate, arrest, detain, charge and prosecute. Secondly, the U.S Department of Homeland Security (DHS) has the authority to allocate the resources in their way. The President of the country has the authority to grant administrative relief under the law, regulation, and the court rulings.
Immigration recognizes deferred actions, laws, and regulation andthe courts. It is a decision to delay the removal of individuals as an act of prosecutorial discretion. The legal authority for deferred action comes from the Congressâ€™s grant of authority to DHS to administer and enforce the immigration laws
The Deferred enforced departure (DED) was also the presidentâ€™s power to conduct foreign relations and enforce immigration laws, and federal courts to recognize this authority. In the past, DED has been granted to people from countries where a natural disaster or domestic conflict had taken place that had made dangerous for people from those countries to return to them…………………
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