Immigration, Latinos and the Law

Analysis: Executive action on immigration is perfectly legal

A write-up I did for Fusion on executive action on immigration.


Following a resounding victory for Republicans during Tuesday’s midterm elections, President Obama announced he will forge ahead with his plan to act unilaterally on immigration.

As promised, his executive action will come “before the end of the year.” What he won’t do, he said, is “just wait.”

But House Speaker John Boehner, repeating a line from before the election, said Obama would “poison the well” by acting without the approval of Congress. Sen. Ted Cruz, for his part, warned of a “constitutional crisis” if Obama acts alone.

But how real is such a crisis?

If Congress’ record of seeking to impeach or sue Obama is any indication, the crisis is simply nonexistent.

The president has taken executive action before. In June 2012, the Obama administration created a deportation relief program for young people called Deferred Action for Childhood Arrivals (DACA). No viable legal challenges ever came from that move.

One quasi-challenge…

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