CIS doesn’t have the funds to process the millions that will need to be processed from Obama’s executive orders. Those funds have to come from somewhere. Existing user fees do not take Obama’s executive orders into account.
If there are millions that want to apply for this new action, won’t that mean millions more paying these user and application fees?
Those new fees if there are any would have to be instituted. And Congress can stop that.
How would Congress stop that?
Is the CIS application and user fee structure set by Congress? I don’t know for sure, but I really doubt this is the case. I imagine the fees are set by the organization itself.
[Honest Question]
What legal authority does the President have to grant legal status to people in the country illegally?
[/HQ]
AFAIU: 8 U.S. Code § 1356 - Disposition of moneys collected under the provisions of this subchapter | U.S. Code | US Law | LII / Legal Information Institute section m:
Provided further, That fees for **providing adjudication and naturalization services **may be set at a level that will ensure recovery of the full costs of providing all such services, including the costs of similar services provided without charge to asylum applicants or other immigrants.
See also Federal Register, Volume 70 Issue 185 (Monday, September 26, 2005)
The authority provided by section 286(m) of the INA permits USCIS
to recover the full costs of providing all immigration adjudication and
naturalization services, including those services provided to
individuals other than those paying fees.
Since processing the executive order applicants doesn’t fall under either naturalization nor adjudication, I don’t believe CIS is authorized to collect fees for it. Note that the authority to collect fees comes from legislation, which will have to be changed to allow for collection of new fees.
None. He isn’t. But you knew that, yes?
Umm… no.
I was just reading a few sites at random to get caught up and a couple of them said that his plan included having a system to give illegal immigrants green cards. One made it sound like the system was “Ask for one.”
I mean I know his plan would be built around non-enforcement which is legal unless (until?) the Pubs try to impeach him on it, but when I see things like
[QUOTE=New York Times]
Up to four million undocumented immigrants who have lived in the United States for at least five years can apply for a program that protects them from deportation and allows those with no criminal record to work legally in the country
[/QUOTE]
and
[QUOTE=Sen. Jeff Sessions (R-AL)]
Every single Senate Democrat voted for the Obama-backed plan to provide immediate work permits to 12 million illegal immigrants.
[/QUOTE]
I thought that under the law illegal immigrants could not get green cards. So if there is no law allowing that, how can Obama unilaterally override that?
Again - honest question because I expect an answer similar to “How can the President conduct war without Congress declaring war? Answer: War Powers Act.” i.e. Congress has given the Executive Branch permission to do it. Is that true or is it possible for illegal immigrants to legally work here like the Bracero Program did since they were “foreign national contract workers”.
Does he even say the words “green card”? Loaded the speech into a word proc. program, no “green card”.
What he said was, for the time being, as in “temporarily”, they are safe from deportation if they come forward. They are not promised citizenship, they are not promised permanent residence. It is not amnesty. Maybe he would like to offer more than that, but he can’t.
He’s offering hope. Perhaps the Republicans won’t turn that into a cruel joke.
Where did the term “executive amnesty” come from?
Why couldn’t this fall under “adjudication”? That seems like a pretty broad term.
Still didn’t answer my question. If illegal immigrants are not allowed to get work visas under the law. By what authority can Obama issue them visas or otherwise allow them to work in the US legally?
The illegals will have to come forward and provide all their details for this temporary deportation relief. Will be easier to round them up when the “temporary” ends.
They are working now. If that isn’t possible, then it isn’t happening. But it is.
If I were a cold and ruthless cynic, I might welcome such a development. I am not, so I would not. But if the Republicans want to use their dicks to annoy a snapping turtle, I sure can’t stop them.
The spectacle of Latino college kids and serving military watching their parents being deported? Political hari-kari.
Said elsewhere, maybe here as well: I think Obama’s order has created a “neutral zone” of sorts that will stand until the Republicans have the guts to fix the immigration problem, or the stupidity to wreck it all together. Could be quite a while.
Shutting down the government, has, rightly become associated with republicans. They made it that way themselves.
Of course if it happens again it will stick to them and them alone. They have only themselves to blame for that.
I think most Americans can see for themselves that this president has tried extremely hard to engage the republicans in actually governing instead of just obstructing. Since they have chosen obstruction at every turn they kinda feel like he’s entitled to do what he said he’d do, without their participation.
If the republicans shut down the government again, they will simply be proving that he had to do what he did, how he did. More importantly it will really bring out the Democratic vote I think.
The republican base will demand they promise to overturn it, doing so will make them unlikely to win anything but white voters. And I think the math says they can’t possibly win that way.
Shutting down the government again, reinforces every negative thing people believe about the republicans. I think they ought to tread carefully.
In the last poll, 48% of those polled opposed Obama’s executive order. 32% supported it.
In your haste to enlighten and advise, you neglected to include your citation.
Getting closer. How can Obama unilaterally have them work legally in the country?
But you actually raise an interesting point. An illegal immigrant comes forward for amnesty and said he’s been working at Cad’s Diner. Does the employer have amnesty from hiring an illegal immigrant?