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Could Obama Solve the Immigration Crisis Through Executive Action? | The Nation

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William Greider

William Greider

The fragile and faltering state of American democracy.

Could Obama Solve the Immigration Crisis Through Executive Action?

Could Obama Solve the Immigration Crisis Through Executive Action?

Victoriano Del La Cruz, a carpenter from Mexico, stands outside as Sergio Ajche, from Guatemala, finishes a painting job. (AP Photo/Bebeto Matthews)

Never mind the stalemated Congress, demonstrators for immigration reform showed up again at the White House on Monday—Barack Obama’s birthday—to make more speeches and deliver fresh petitions urging the president to take unilateral action on their issue. To the astonishment of veteran activists, Obama has already assured them he intends to do so. According to movement leaders who met with the president at the White House on June 30, a bombshell announcement is planned for right after Labor Day—an executive order that could liberate millions of undocumented workers from the threat of deportation. Republicans are sure to go bat guano.

Of course, Obama could always change his mind and back off his promise, as he has certainly done before with Latinos and allied groups campaigning for immigration reform. But this time the reform leaders sound quite confident of his word. “I’m shocked,” one leader admitted to me. “It seems totally out of character for Obama. But it appears the White House’s resolve has not been totally demolished by the kids on the border crisis. In fact, they seem determined to do what they can on undocumented workers and deportations as a giant ‘screw you’ to the Republicans.”

Political reporters have already written off the Obama presidency and moved on to hyper-speculate about the horse race for 2016. The plot twist on immigration reform could jerk their chain if it succeeds. It might even refresh Obama’s presidential persona if the public reacts favorably to aggressive action. When Obama took a gutsy initiative in 2012 on behalf of immigrant children, it turned out to be quite popular. Like this new move, it also revealed the shrewd politics of the Latino-led immigration reform movement. It turns out that making life difficult for a leader who disappoints and doesn’t keep his word can produce dividends.

“The good news of this story,” the anonymous leader explained, “is that after two or three or four years of confrontations with the White House about deportations, the movement will get a victory. And I think that’s a very big deal.”

With Obama in office, other Democratic constituencies tended to be more deferential and accepting. But Latinos repeatedly confronted Obama at the White House with in-your-face complaints about his failures to follow through. His desire to find common ground with Republicans, they warned, was futile. Republicans had no intention of finding a legislative compromise. The White House pleaded for patience, but the reformers only turned up the heat. Obama expressed his resentment after all he had done for them. They dismissed his efforts as unsatisfactory.

But in the last four or five months, the White House tone softened. At the meeting in late June, the president told immigration reform leaders he had a change of heart. I agree, he said, the Republicans are not going to move on legislation. So Obama said he is now preparing to use his executive authority to immunize more immigrants from deportation. He couldn’t cover 11 million of them, he said, but he would go as far as the law allows.

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Someone asked at that June meeting about the children flooding the border, but Obama ruled out any unilateral policy changes as unrealistic. It would open US borders to the world, he said. That touched off a tense exchange, but the president stood his ground. Reformers fear that in coming weeks a lot of children are going to be flown home to the dangerous circumstances they had fled.

The exact actions that could help millions more of other undocumented migrants are still being developed at the White House and the Department of Homeland Security. The options include granting immunity to parents of the children already exempted from deportation under the DACA—Deferred Action for Childhood Arrivals. Obama could, for example, broaden the categories of immigrations afforded this immunity to include people with long-established records of US employment or long-term residency in the country.

Democrats are hoping that Republicans will react to Obama’s daring intervention by doing something stupid, like impeaching or threatening to impeach the president. Otherwise, Dems are fearful of a disaster in this fall’s midterms. If impeachment becomes the issue, that can fire up the Democratic base: not just Latino voters, but also other core constituencies.

This is high-risk politics but, given his declining popularity, Obama has decided to double down. What does he have to lose? It will inflame Obama haters of course, but it may also persuade voters to take another look at the president. In recent months, his administration has taken a series of actions that are not hot political topics, but still speak directly to segments of working people. And Obama’s style has become more flavorful in the process. He is taunting the Republicans in an amused manner, teasing them for their obvious contradictions. One day they accuse him of acting like a monarch, the next day they complain he hasn’t acted strongly enough.

Whether or not Obama wins his political gamble, it seems the Latino dreamers are already winning theirs.

Read Next: Michelle Chen reports on Why waiting your turn in line doesn’t make sense for desperate immigrant families

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