The US midterm elections took place on Tuesday, November 4 and no doubt you have heard a lot about what the results mean for this country. Immigration reform was a constant issue throughout many campaigns, and some candidates even ran on an anti-immigration reform platform. The issue of comprehensive immigration reform has been before Congress and the President for some time, with President Obama even announcing that due to Congress’s failure to pass immigration reform, he was considering changing immigration laws by himself, without the approval of Congress. This would be done through the President’s executive power, which allows him to make executive decisions to change the law.
While this seems like a radical step, we must remember that President Obama has done this before. In 2012, he implemented a program of Deferred Action for Childhood Arrivals (DACA) which gave some immigration benefits to people who arrived in the United States as children, enrolled in high school, and who maintained a clean criminal history. That program is now two years old and has provided relief from the threat of deportation to hundreds of thousands of people.
During a difficult campaign season, with many individuals in the United States disappointed at the failure of the Obama administration to come through on their promises, Obama stepped back from the issue of executive action on immigration reform. He knew that it was a contentious issue and that many Democrats were fighting battles in states where immigration reform is not a popular issue. Executive action was therefore postponed until after the election. The results of Tuesday’s election mean that Republicans now have control of both the US House of Representatives and the US Senate. It is difficult to say at this point what impact this will have on the ability of Congress to pass meaningful legislation, although historically President Obama and the Republican Party have not been able to agree on many issues.
Over the next coming weeks, while Congress prepares for the arrival of its new members, immigration reform will be on everyone’s lips. Now that the President’s party does not have control of either of the houses of Congress, it appears likely that he may consider some form of executive action. Many people believe that this will come in the form of an extension of the DACA program, although targeted toward a much larger group of people currently residing in the United States without authorization.
It is important to note that no action has been taken yet on changing the immigration laws, however there are many individuals out there spreading false and misleading information. At this time, when action on immigration law seems likely, speak to an experienced immigration attorney. Make sure that you know the facts of your specific case so that you can decide best how to proceed if there are changes made to immigration law. Consult with an attorney to determine what can be done so that you can take advantage of these changes.
The attorneys at Wilner & O’Reilly have years of experience in immigration and nationality law. Here, we have former immigration officers and board certified immigration specialists who can provide a very high level of legal advice for any of your immigration needs,. If you have any questions about immigration reform or any other type of immigration case, call us at 714-919-8880 to arrange a FREE consultation.