OBAMAS EXECUTIVE ORDER ON IMMIGRATION

Obamas Executive Order on Immigration is Unconstitutional

Alyssa Hanna
Friday, December 5, 2014
American Government
Hour 7
Mr. Barikmo

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Abstract
This paper explores President Barack Obamas Executive Order on Immigration
from research conducted through print and online sources. This paper outlines the details
of the American Government that pertain to the executive order and how it affects the
American people. Through descriptions of the fourteenth amendment, the three branches
of United States government, presidential duties and actions taken through executive
order, and the articles of the Constitution. One will be able to have a background on the
factors leading to the decision to not deport nearly 5 million illegal aliens residing in the
United States, which grants them the opportunities that American citizens have.

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Obamas Executive Order on Immigration is Unconstitutional

Immigration to the United States is an extensive portion of our
nations history. The rights and freedoms written in the Constitution
are partial reasons many people immigrate to America from their
native countries, and those who go through the correct process of
naturalization are entitled to the privileges of an American citizen.
President Barack Obama created an executive order halting the
deportation of 5 million illegal aliens currently residing in the United
States, which in essence grants them de facto amnesty and gives them
a leg up on becoming a naturalized citizen. This action taken by the
President is outside the privileges granted him in the constitution.
The Fourteenth Amendment of the Constitution states all persons born or
naturalized in the United States and subject to the jurisdiction thereof, are citizens of the
United States and of the state wherein they reside (NALEO). Even if the parent of a
child born in the United States is illegally here, the child is a citizen of the United States
and they are often referred to as an anchor baby because it pulls the mother into
permanent residence.
An estimated 200,000 to 400,000 "anchor babies" are born to these women each
year; under current laws the mothers and fathers to these newly-born U.S. citizens
cannot be deported. Once these babies reach the age of twenty-one, they can
apply to bring relatives to the United States from their parents' home country. This
"chain migration" allows extended families to migrate into the United States
(Lerner, 2006, p243-247).

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The practice of having anchor babies was created by a loose interpretation of federal law,
which it was not initially created for these babies to create duplicitously legalized
foreigners (Lerner,2006,pp.p243247). Becoming a citizen grants one the ability to
vote in elections, attain a passport, and protection from deportation. The first step in
becoming a U.S. citizen is determining if you are eligible for a green card or visa, which
gains you the right to reside and work in the U.S. while you are in the process. Once a
green card is issued, permanent residence is required for an average of five years along
with good moral character and the ability to show knowledge in the English language,
U.S. history, and government. The next step is to complete the U.S. Citizenship and
Immigration Service form N-400 and pay the fee that goes along with it. Following that,
a background check will be administered by the use of fingerprinting and then an
interview will be given. If approved, one attends a ceremony where they pledge their
loyalty to the United States and is granted citizenship (Cleary, 2014). Because becoming
a citizen is extensive and lengthy the people who are already moving through the process
are being treated unfairly. Just the fact that they are in the country illegally is crime
enough to be deported. For all practical purposes, the nearly non-deported 5 million
illegal aliens have instantly gained the same status as those people who are already trying
to become citizens legally and properly. Social Security numbers being issued allows a
noncitizen to match benefits of citizenship which includes being ability to get a drivers
license, local state or local aid available, and obtain social security benefits upon retire.
To shed light on the presidents abuse of power we first need to have a basic
understanding of the powers granted him by the constitution. The authors of our
constitution wanted to ensure that the American people had a voice in government, to
avoid any one person or group obtaining absolute power the three branches of

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government were created. To ensure no branch become too powerful, a system of checks
and balances was implemented sharing power and creating specific responsibilities for
each branch of the government. The Legislative branch includes the House of
Representatives and the Senate, which form the United States Congress. Their
constitutional powers include making laws that fall within the jurisdiction of the federal
government, the declaration of war, and the right to confirm or deny Presidential action.
Any member of congress can propose a bill, and if/when the bill passes each side of
congress it is presented to the president; if the president approves the bill he will sign it
and it becomes a law. If he does not approve the bill it will be returned to congress,
which is called a veto. Congress can override the presidents veto if there is a two-thirds
majority. If the president does not return the bill within ten days of receiving it, the bill
automatically becomes a law. The power of the Executive Branch is in the President.
The President is the Commander-in-Chief of the armed forces, enforces the laws set forth
by congress, and appoints federal positions or agencies. The president does not have the
power to write laws, only congress does. The third branch of government is the Judicial
Branch. Their job is to interpret the meaning of law and its constitutionality, determine
its relevance to a particular situation, and to rule on how laws should be applied (Vile,
2014). In this instance Barack Obama has overstepped his rights as the president and
placed the Executive Branch above the other two branches of the United States
Government, effectively writing, passing, and implementing his own form of law that
does not exist.
Executive Order is a rule or order issued by the president to an executive branch
of the government and having the force of law. When an executive order is given, it only
lasts for the duration of their presidency.

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The Supreme Court has ruled that executive orders have the force of law if they
are consistent with the provisions of the Constitution and/or receive congressional
authorization. In practice, however, these orders have served as a means whereby
presidents make the law without recourse to the system in the Constitution.
(Lerner, 2004, pp. 422-423)
Advocates of Obamas presidential order claim he is doing the same thing as prior
presidents have done regarding immigration. It is a common misconception to relate
president, Obamas executive order on Immigration to the Simpson-Mazzoli Act of 1986.
Former president Ronald Reagan signed the bill into law, which gave the opportunity to
apply for legal status to three million illegal immigrants if they met the following
requirements: physical presence in the U.S. prior to January 1st, 1982, have a clean
criminal record, proof of registration within the selective service, and knowledge of U.S.
history, government, and English language. By his own statement he said last year that
executive action was not an option because [he] would be ignoring the law. There is a
path to get this done, he said, and that is through Congress (Kentucky Politics and
Government, 2014). The difference of the two is that the Simpson-Mazzoli Act was a bill
created by congress and then signed by Reagan, whereas president Obama has taken
matters into his own hands because congress did not concur. Another example of
President Obamas overreach is his own version of the Dream Act. The Dream Act was
proposed legislation that stood for the Development, Relief, and Education for Alien
Minors; however, this bill was not passed through both houses of congress and was never
signed into law. As originally proposed, the Dream Act would allow illegal immigrant
minors the opportunity to be protected from deportation and apply for permanent
residency in the United States. The requirements of this act are good moral character,

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enrollment of post-secondary schooling or college, living in the United States for a

minimum of five years, and between the ages of 16-25. In many states, the Dream Act
would have granted in state college tuition to those eligible. The students who are
citizens do not get the same opportunities to get in state tuition as a person who is here
illegally. President Obama decided to create his own form of the Dream Act through
presidential decree granting illegal immigrants many provisions of the Dream Act
without the approval of congress. As a high school senior going to a university out of the
state of Kansas, the fact that an illegal citizen gets the same and/or better considerations
for acceptance to and for paying in state tuition that I as a Kansas resident and United
States citizen have had to excel in both GPA and test scores.
Some may argue that the Presidents Executive Order on Immigration is
constitutional because he has the power to appoint people to federal positions, and in this
case he is appointing himself to be in charge of immigration. This is a very loose
interpretation of Article II of the Constitution that states:
He shall have power, by and with the advice and consent of the Senate, to make
treaties, provided two thirds of the Senators present concur; and he shall
nominate, and by and with the advice and consent of the Senate, shall appoint
ambassadors, other public ministers and consuls, judges of the Supreme Court,
and all other officers of the United States. (Cornell University)
He seems to interpret into law for his own benefit wherever it suits him. He has a policy
of asking for forgiveness instead of permission, and the irony is, he never asked for
forgiveness.
President Barack Obama has over stepped his constitutional authority with the
Executive Order on Immigration by granting de-facto amnesty by directing the justice
department not to deport 5 million illegal aliens. His action is unconstitutional based

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upon the fourteenth amendment, process of becoming a citizen, responsibilities and

duties of the three branches of government, and misuse of presidential executive order.
As a citizen of the United States, I would like to expect that our President would abide by
the laws set forth for our country instead of aiding people who are not rightfully here.

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