Let's make a deal Obama-style

The newspapers reporting Republican victories in the midterm elections had not even been bundled yet for the trash when President Obama threw down the gauntlet on immigration reform.

We have almost 12 million illegal aliens in the country, about 60 percent of them from Mexico. Some have been living and working here for many years. Some, by childbirth, are now the illegally residing parents of American citizens. Some came here as children with their parents, and so find themselves illegally in the only country they have ever known. Some are criminals, perhaps in gangs, and some, no doubt, are national security threats. Congress has demonstrated by many years of inaction that it hasn’t the capacity to address this matter that demands resolution for reasons of Christian charity and human decency, if nothing else.

These are fair concerns about a situation that has continued through several presidencies. Arguably, Obama had his first two years in office to address this issue when his party controlled both houses of Congress. Yes, he was working on health insurance reform and reviving the economy, but the relevant departments and committees were free to work on the matter.

The question is equally fair as to why he raised this issue immediately after the midterm elections and in such a confrontational manner. Why not challenge the new Congress to work on it over the spring? Instead, according to CNN, Obama has announced he will issue executive orders “to allow parents of children who are American citizens to obtain documents that allows them to stay in the United States legally, protect illegal immigrants who came to the United States as children and make clear deportation should still be the policy for convicted criminals.” These documents and protections would involve work permits, commonly known as “green cards.”

But the president has promised that “the minute [Congress passes] a bill that I can sign that fixes our immigration system, then any executive actions I take are replaced.” But one suspects that “a bill that I can sign” means one that merely codifies his executive orders. Otherwise there would be great disruption and policy confusion from issuing and then withdrawing permits.

Obama’s provocative announcement has left Republican congressional leaders understandably upset. They are concerned over the constitutionality of what Obama has signaled he will do. An executive order is the president’s power to direct his administration in how to execute the laws. But he cannot order his agents to do anything not authorized by law, nor can he choose not to enforce a law. He serves the people by serving the laws to which they consent.

With millions of illegal aliens dispersed throughout the country, some prioritization of deportation efforts is required. But to affect by decree what was the subject of legislative controversy and to issue green cards under circumstances that the law does not specify goes beyond executive discretion to the lawless misuse of public power.