Ninth hour congressional action by House Representatives: A good faith effort or a show play leaving President Obama to use his executive powers?

Ninth hour congressional action by House Representatives

Ninth hour congressional action by House Representatives

House Speaker John Boehner (R-Ohio) wants President Obama to use executive orders[i] to fix immigration issues, and on the other hand, endorses a lawsuit against him for several of his past issued executive orders including the orders regarding Deferred Action for Childhood Arrivals (“DACA”). Note that DACA does not give benefit to current arrivals; in order to qualify for DACA program, an individual needed to have been on U.S. soil before 2007. Nevertheless, House Republicans blame DACA for enticing new arriving immigrants.

In his press statement last Thursday about border security and House Republican proposals for reform, Speaker Boehner stated, “This situation shows the intense concern within our conference – and among the American people – about the need to ensure the security of our borders and the president’s refusal to faithfully execute our laws. There are numerous steps the president can and should be taking right now.[ii]

While Speaker Boehner speaks critically of President Obama, House Republicans have their own version of immigration reform legislation that does not sit well with President Obama’s administration.

Note that this statement by Speaker Boehner was issued with regards to H.R. 5230, the border supplemental legislation, proposed by House Republican Rep. Rogers (R-Kentucky), which as proposed, would provide additional money for international operations of U.S. Immigration and Customs Enforcement (“ICE”) to combat the problem of security threats from organized crime networks (drug cartels) and also to reimburse local communities for the cost of housing and educating unaccompanied minors. Of course, there are elements of H.R. 5230 that are more favored by the Republican ideals of addressing immigration.

President Obama would likely be advised to veto this legislation if it moved forward according to recent statement. In response to the introduction of H.R. 5230, the Executive Office of the President’s Office of Management and Budget stated in a July 30, 2014, statement, “Republicans released patchwork legislation that will only put more arbitrary and unrealistic demands on an already broken system. H.R. 5230 could make the situation worse, not better. By setting arbitrary timelines for the processing of cases, this bill could create backlogs that could ultimately shift resources away from priority public safety goals, like deporting known criminals.[iii]

The House Republicans offer a list of, “Immediate Steps the President Could Take to Start Solving the Border Crisis,” published on the House GOP website[iv]:

  • Send the strong, public message that those who enter illegally will be returned;
  • Stop abusing his prosecutorial discretion authority;
  • Stop releasing convicted criminal aliens from detention;
  • Crack down on fraudulent asylum claims;
  • Implement tougher standards for “credible fear” claims;
  • Detain asylum seekers until their claims are proved valid;
  • Restore agreements with local law enforcement agencies to enforce immigration laws;
  • Employ diplomatic resources to stop the border crisis;
  • Give Border Patrol agents access to federal lands.

While there are some steps on the GOP list that could be accomplished by President Obama issuing executive orders and directing DHS and ICE to act and implement new policies. The steps on this list may also be “easier said than done.”

Current immigration clients and their cases can be seriously impacted by the immigration system when it does not move along in an orderly fashion. Wait times are already many years in certain instances and the proposed legislation by the House Republicans could hurt many immigrants who are not part of any border surge, people who arrived on U.S. soil under much different circumstances and conditions. Attorney KiKi M. Mosley works diligently to follow the latest news on immigration reform and share valuable information to help readers keep up with the volatile process of fixing our broken immigration system.

Attorney KiKi M. Mosley is licensed to practice law by the State of Illinois and Louisiana. She is skilled and experienced in complex immigration law issues including DACA and related options for children arriving in the U.S. For more information about the law firm, please visit www.KiKisLaw.com, and do not forget to “Like” the firm on Facebook and “Follow” on Twitter. You can also review Attorney Mosley’s endorsements on her Avvo profile.

[i] Executive orders are enforceable law and are subject to judicial review, and if the executive order is not supported by the Constitution or by statute. When executive orders should be used, versus action voted by congress to be written in an executive order as delegated legislation, is a debatable political question influenced by policy and a variety of factors.

[ii] U.S. Speaker of the House John Boehner: Press Release, Statement by House GOP Leaders on Border Bill, Jul. 31, 2014, Speaker Boehner’s Press Office.

[iii] Executive Office of the President: Office of Management and Budget, Statement of Administration Policy, H.R. 5230 – Making Supplemental Appropriations for the Fiscal Year Ending September 30, 2014, and for Other Purposes. Jul. 30, 2014.

[iv] GOP.gov – House Republicans: Immediate Steps the President Could Take to Start Solving the Border Crisis, Courtesy of the House Judiciary Committee.

Attorney KiKi M. Mosley interviewed about immigration reform and new immigration options

Chicago Immigration Attorney, KiKi M. Mosley was recently interviewed on the Law Talk Radio Internet radio podcast regarding immigration reform and new options for immigrants seeking legal status.

Immigration reform has been in the spotlight of several news programs, professional groups and several websites and social media pages devoted to the development of a United States immigration system that reflects present day values, politics and a mobile work force. Comprehensive reform remains a goal of many and today immigration attorney, KiKi M. Mosely is our guest to share correct information about the status of immigration and reform today.

Immigration reform has been in the spotlight of several news programs, professional groups and several websites and social media pages devoted to the development of a United States immigration system that reflects present day values, politics and a mobile work force. Comprehensive reform remains a goal of many and today immigration attorney, KiKi M. Mosely is our guest to share correct information about the status of immigration and reform today.

Attorney Mosley explained that comprehensive immigration reform is not yet the law in the United States. Rather, the proposed bill better known as “Boarder Security Economic Opportunity and Immigration Modernization Act, also known as S744,” did pass the United States Senate but it failed in the House of Representatives.   Attorney Mosley further stated that she receives two to three calls per day from people seeking protection under what they believe is the new immigration reform law. Additionally, she suggests that what we may end up seeing in the way of reform could appear somewhat different from the currently proposed bill.

Is there a reason opponents to S744 dislike the bill or is this just partisan opposition?

The main sticking point according to Attorney Mosley is Southern border security, and many Republican oppose the current bill as written. The five main sections of the current bill are generally referred to as: Boarder Security; Immigrant Visas; Interior Enforcement (of current immigration laws); Reform to the Non-Immigrant Visa program; and Jobs for Youths.

Topics covered in the Law Talk Radio interview, (click/tap the title to listen) “About Immigration Reform and Options with KiKi M. Mosley” include the following: (1) The status of our immigration system today and the issues regarding reform; (2) What immigrants to the U.S. should know about Deferred Action for Childhood Arrivals (DACA); (3) Provisional (Stateside) Waivers, who may apply for them and what is involved; (4) Additional advice for men, women and families desiring U.S. citizenship.

Highlights of this interview address immigration reform, Deferred Action for Childhood Arrivals, Provisional Waivers and immigration information, generally.

Everyone wants “the new law,” but again, things are still in the air until the House of Representatives votes to pass a version of the Act satisfying Southern Border Security concerns.

What is unique about the Bill as proposed are the five elements are tied together with a system of triggers and stages. By example, in order for the Registered Provisional Immigrant Status, to come into effect, which would allow undocumented immigrants “come online” and drive legally, and make steps to move closer to lawful permanent residence, this subsection may require agreement and accomplishment on Southern Border Security.

Attorney Mosley also opined that many of the members of the House of Representatives are not happy with the notion that several thousand undocumented immigrants who entered illegally may be rewarded with a Registered Provisional Immigrant Status. She identified a few bars to this status, such as drinking and driving violations, criminal convictions, domestic violence infractions and so forth.

Listen to the interview by clicking/tapping here to listen to further detail and explanations about the RPI program and more immigration reform issues including Deferred Action for Childhood Arrivals and Provisional (Stateside) Waivers.

Attorney KiKi M. Mosley is licensed to practice law by the State of Illinois and Louisiana. She is skilled and experienced in complex immigration law issues. For more information about the law firm, please tap/click here to visit the rest of the website, and do not forget to “Like” the firm on Facebook and “Follow” on Twitter or Google Plus.

American Immigration Council Executive Director, Ben Johnson, addresses House committee

A recent immigration news blog reported the oral testimony of Benjamin Johnson, Executive Director of the American Immigration Council before the House of Representatives, Committee of the Judiciary, Subcommittee on Immigration and Boarder Security.[i] Johnson spoke about, “building a 21st century America: one that prospers and grows.” Growth and prosperity, according to many proponents of fair immigration reform, happens when a collective mix of people with a variety of backgrounds work together to create new jobs and a more effective workforce. “In other words, the quest for talent, and the role of immigrants as job creators, entrepreneurs, and innovators, is not an isolated enterprise. It is and should be an integral component of a broad based, comprehensive immigration reform,” Johnson said.

Johnson blames the current immigration system for preventing immigrant job creation. In 2010, he appeared on Fox News in a short debate on a study’s findings regarding the economic impact of immigration reform in the U.S.

Do you think it makes sense that America should welcome the smartest workforce with the best experience base? Most people will say yes to this question, but when you ask them if the smartest and most experienced workers should come from outside U.S. boarders, some say no. In his speech, Johnson addressed the concern that foreign-born workers will compete for U.S. citizens’ jobs. Not true according to Johnson, “…the overwhelming evidence finds that immigrants complement rather than compete with native born workers, and their presence in our workforce has a positive impact on the wages of all workers.” In his remarks to the committee, Johnson also talked about ‘skill gaps’ in many industries where there’s a great demand for high-skilled workers in knowledge-based economies where high-tech companies are founded immigrants.

The Law Office of KiKi M. Mosley works hard to help educate clients, colleagues and friends about the compelling issues in immigration, including debates on immigration reform. Feel free to share our blog and to comment and join in the conversation on our blog and on our Facebook and Twitter pages.