In his opening statement, Judiciary Chairman Bob Goodlatte, R-Va., said the president “has just announced one of the biggest constitutional power grabs ever by a president.”
“The Obama Administration has crossed the line from any justifiable use of its authority to a clear violation of his constitutional responsibility to faithfully execute the laws,” Goodlatte said, adding there’s a difference between setting prosecutorial priorities and “setting enforcement-free zones for millions of unlawful aliens.”
“By boldly proclaiming that there will be no possibility of removal for millions of unlawful aliens, President Obama eliminates entirely any deterrent effect our immigration laws have,” he said. “He states plainly that those laws can be ignored with impunity. Such actions will entice others around the world to come here illegally, just like his Deferred Action for Childhood Arrivals program encouraged tens of thousands of unaccompanied alien minors and families from Central America to make the dangerous trek to the United States.”
“By acting lawlessly and assuming legislative power, the Obama Administration is driving full speed ahead to a constitutional crisis, tilting the scales of our three-branch government in his favor and threatening to unravel our system of checks and balances,” Goodlatte concluded. “Rather than working constructively with the new men and women Americans elected to represent them in Congress, the President is making his relationship with Congress increasingly toxic by unconstitutionally acting on his own. Tragically, President Obama’s shortsighted actions have further set back congressional efforts to enact legislation to reform our broken immigration system.”
But Lofgren, D-San Jose, who is the ranking Democrat on the Judiciary Immigration and Border Security Subcommittee, said while the president can’t change the law, he can take action within it – as has every president since Eisenhower.
“The President’s actions are lawful. They are also smart, because they will allow DHS to focus limited resources on serious criminals, recent arrivals, and gang members. Finally, they are consistent with basic American values, like accountability, family unity, and compassion, Lofgren said.
“The legal question isn’t even a close one,” she later added. “The President has clear legal authority to defer removals when it’s in the national interest. Chief Justice Roberts reaffirmed that principle just two years ago – our immigration laws recognize this authority – past Presidents have used this authority regularly. Our President is doing so now and I, for one, am grateful that he is.”