Immigration Law: Update on Obama's Executive Order and Congressional Action

January 19, 2015 | By Bailey & Galyen Attorneys at Law
Immigration Law: Update on Obama’s Executive Order and Congressional Action

Update on Obama’s Executive Order and Congressional Action

I’m continuing to monitor developments related to President Obama’s recent Executive Order on immigration. On January 14, the House of Representatives passed a bill (236–191) to fund the Department of Homeland Security (DHS) through the end of the budget year. However, they also added two controversial amendments: one (237–190) to block Obama’s November 2014 Executive Order—which provided work permits and protection from deportation—and another (218–209) to undo the 2012 Deferred Action for Childhood Arrivals (DACA) program.

Republicans argue that the President’s immigration actions are unconstitutional. However, because of the amendment targeting DACA, the bill is unlikely to pass in the Senate. The White House has already threatened to veto it if it does.

Congress faces a February 27 deadline to pass a DHS funding bill. A shutdown of DHS, especially in light of recent security concerns like the Paris attacks, could raise serious national security issues.

In the Senate, Republicans are currently six votes short of the 60 needed to overcome a filibuster, making it difficult to pass the bill as it stands. The Senate is expected to take up the bill in the coming weeks, likely removing the immigration-related amendments—which could lead to a political showdown with House Republicans.

I will continue to monitor the situation and provide updates as things develop.