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Rep. Luis Gutierrez

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New York Times: "There Is One Important Thing Mr. Obama Could Do Right Now..."

Posted: 06/04/2012 2:11 pm

Today's New York Times editorial, "A Start on the Dream," eloquently makes a point I have been trying to make to the President of the United States since at least December 2010. Namely, that as Chief Executive, President Obama has extraordinary leeway under our current immigration laws to prevent the deportation of certain immigrants if it is not in our national interest to deport them. The New York Times editorial argues in particular that the President should suspend the deportation of students who qualify for the DREAM Act; young people who arrived here as children and have steered clear of crime.

An excerpt:

Congressional Republicans are determined to block the comprehensive immigration overhaul Mr. Obama promised for his first term. They have even blocked the Dream Act, which would legalize potentially hundreds of thousands of undocumented young people who were brought here as children and demonstrate their good citizenship by going to college or serving in the military.

There is one important thing Mr. Obama could do right now to give these young people hope: He could use his executive authority to halt deportations of those who would be eligible for the Dream Act.

The powers the president has to close or favorably resolve deportation cases have been enumerated for him by a number of experts inside and outside of his government. In early 2011, the Congressional Hispanic Caucus appealed to the president to use these powers, as did a group of 22 Senate Democrats. A memo from his own staff in 2009, the opinion of legal experts -- including two former INS General Counsels -- and now an open letter signed by nearly 100 law school professors all concur that the president is firmly within the law to halt deportations for immigrants that meet certain criteria.

Indeed, the President currently uses -- and previous presidents have used -- those powers all the time. When Cubans reach the U.S., they are paroled as a matter of policy and become eligible for permanent legal status and citizenship quickly. It is in our national interest to do so, whether they are economic or political refugees. When the tragic earthquake in Haiti made returning orphans unwise, President Obama acted to suspend certain deportations because it was in our national interest to do so.

And in June of 2011, the Obama Administration announced it would exercise some of its powers of prosecutorial discretion to close or resolve deportation cases against those who meet certain criteria that made them low priorities for deportation so that our limited deportation slots could be used for felons and serious criminals.

I applauded that policy announcement in June 2011 and have spent the last year promoting its application to deportation cases that split up families with U.S. citizen dependents, military families, DREAM Act youth, and others with no criminal record and deep ties to their communities in the U.S. I have gone around the country making immigrant communities aware of this new tool to fight the deportation of people who are clearly assets to their communities in the U.S. In Chicago, I formed an informal advisory group to identify cases that should be addressed by the prosecutorial discretion policy, and Family Unity Defense Committees are forming in several other states.

But that policy, as statistics bear out a year after it was announced, has not been used as widely, as fully, and as consistently as it should be used to prevent deportations that are not in the national interest.

Now we have the editorial page of the New York Times saying to the President not only Yes We Can but Yes We Should dial back deportations, especially for immigrant youth.

Whatever personal journey the president is on with regard to deportations, I hope he is coming around to see that he holds a key that will be very helpful towards building support for him and for immigration reform in his second term. The DREAM Act is enormously popular and the immigrant youth it would spare from deportation are precisely the type of immigrants the public broadly supports and sees as assets, not liabilities. Republicans in both the House and Senate have introduced or are planning to introduce legislation to prevent the deportation of immigrant youth. And a clear political contrast would be drawn between the president and his presumptive opponent in November, Mitt Romney, who vowed to veto the DREAM Act if it ever reached his desk.

It is time to put the national interest first and halt the deportation of those whose removal hurts our country. On principle, on policy, on law, and on politics, it is time for the president and the Department of Homeland Security to fully implement its prosecutorial discretion policy as a down payment on the immigration reform I and others will enthusiastically fight for in the President's second term.

 

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Today's New York Times editorial, "A Start on the Dream," eloquently makes a point I have been trying to make to the President of the United States since at least December 2010. Namely, that as Chief...
Today's New York Times editorial, "A Start on the Dream," eloquently makes a point I have been trying to make to the President of the United States since at least December 2010. Namely, that as Chief...
 
 
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HUFFPOST PUNDIT
TggerJen
Protect at snowleopard.org
03:46 PM on 06/10/2012
There is NO Dream Act. The DREAM Amnesty has been voted down every time. Because there is no Dream Act there literally no people who qualify for this imaginary status. It's time to stop the delays and extensions and start to deport them right after we identify them and detain them. Anyone who came here illegally should be deported immediately upon identification and detention. We could start clearing up really large numbers of the dishonest foreign nationals here illegally if Obama and Congressional Dems stop promising amnesty and stop working to give amnesty. We need JOBS, not more flooding of the labor pool by dishonest people who disrespect us and our laws.
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10:15 AM on 06/10/2012
Why is it in the national interest, of all Americans, that Mexican nationals be granted de facto US citizenship?
HUFFPOST SUPER USER
everything news
I have no bio.
07:26 PM on 06/10/2012
But what about the children? Do they not deserve the opportunity to follow our Statue of Liberty's claim: "Give me you tired,your, your poor, your huddeled masses yearning to breath free. The wretched refuse of your teeming shore. Send these, the homless, tempest-tost to me etc, etc?
Have we become so selfish and greedy that we have forgotten everything that drives this country? Our Democracy was the envy of the world and people died to come to our But unfortunately, these days we all take everythig for granted .
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voyager48
Illegitimi Non Carborundum
11:00 PM on 06/10/2012
OK then we should look at the world demographics in context. Mexico's GDP per capita is 20% above the works average and 18 of the 22 poorest nations in the world are African. In fact there is no Latin American country in the bottom 50 countries!

We welcome more than 1 million legal immigrants per year - the majority of whom come form the Americas and specifically Mexico. I agree with you - we should really be opening our doors to a wider range of diverse "poor huddled masses" not just from Hispanic countries!
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jweider
I know where my towel is
12:12 AM on 06/11/2012
Just because there is a welcome mat at the front door, it doesn't mean that a burglar is welcome to come in the back and take whatever they want.
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PRONESE
Somewhat Opinionated Curmudgeon
10:04 AM on 06/10/2012
President Obama could stay in D.C. and do his job instead of campaigning endlessly.
More Coffee...
R/ PRONESE
02:34 PM on 06/10/2012
We could have the election decided by steel cage bout between Romney and Obama. As long as it is by campaign, Obama should be able to campaign.
12:26 AM on 06/10/2012
This guy is clueless. It is in our national interest to enforce our laws. Otherwise we will become a failed state like Mexico. People who violate our laws by entering this Country illegally, people who use Fake ID's, people who steal other peoples identities, people who steal funds intended for the citizens of this Country are in fact criminals and should be 100% deported.
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inthedesert
Those who never question will fall for anything.
06:14 PM on 06/06/2012
No one is deporting LEGAL immigrants with papers. Once again that key world, illegal, is missing from the story. No one believes this crap anymore..do they?
HUFFPOST SUPER USER
PulSamsara
04:39 PM on 06/05/2012
President Obama could also double deportations. That would be a good start.
05:16 AM on 06/06/2012
I disagree. A deportation policy puts us at the mercy of a corrupt president who can shut it down. Deterrence policy takes some of that power away by lessening the number of unlawfully present aliens in the first place. Deportation is slow, expensive, and the person can just come right back.
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HUFFPOST SUPER USER
Contact1972
BigGayInc
04:13 AM on 06/05/2012
Mr. President-you can also legally hold all DOMA related deportations in abeyance until DOMA is ruled on. It is not in the governments best interest to rip apart legally married binational families.
12:20 PM on 06/06/2012
The President can stop deportation on a case-by-case basis. Congress has the power to stop deportations! Who writes laws? Congress does. So who should we be putting pressure about immigration reform? Congress, not the President
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HUFFPOST SUPER USER
Contact1972
BigGayInc
02:57 PM on 06/06/2012
The President can also sign an EO protecting binational couples until DOMA is ruled on. Weve done the same for widowers of American soldiers re: Green Card applications.

I do agree with you on one point-we should be putting pressure on Congress to modernize the antiquated immigration system we have.
12:27 AM on 06/10/2012
Forget the BS. People who are here illegally should be deported regardless of race, national origin, age, sex and sexual orientation.
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Viper1st
multi quasi faceted
02:23 AM on 06/05/2012
Luis ~ where's YOUR version of The DREAM Act for illegals?:

You've been in the U.S. House of Representatives, since 1993, collecting $174,000 annually & what have the 50.5 million Hispanics in the USA received out of you?

Besides ~

> NO Comprehensive Immigration Reform for Illegals
> NO The DREAM Act for Illegals
> NO ObamaCare for Illegals
> NO Driver's Licenses for Illegals
> NO Voting Rights for Illegals

Luis = just another Jessie Jackson WannaBe
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Viper1st
multi quasi faceted
02:12 AM on 06/05/2012
The DREAM Act for illegals = Bail Out for Illegals

No more Amnesty = No more Bail Outs
01:38 AM on 06/05/2012
It is ALWAYS in our national interest to deport foreign nationals who have cold-heartedly ripped apart our borders and sneered at our immigration laws, ESPECIALLY during what should be called an economic DEPRESSION.
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HUFFPOST SUPER USER
dtairtime
It is what it is
11:37 PM on 06/04/2012
I wonder if Luis has registered as a foreign country lobbyist yet?
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HUFFPOST SUPER USER
labrown
Studio Musican/Composer
10:04 PM on 06/04/2012
How about we give illegal immigrants the Congressional Medal of Honor?
HUFFPOST SUPER USER
rae112754
02:46 AM on 06/05/2012
I was thinking more along the line of some seats in Congress and the Senate.
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HUFFPOST SUPER USER
labrown
Studio Musican/Composer
09:30 AM on 06/05/2012
Good call and you'd get no argument from the likes of Louis Gutierrez!
12:29 AM on 06/10/2012
The very people who support the Dream Act and want illegal aliens in our armed forces would deny american citizens the right to keep and bear arms.
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HUFFPOST SUPER USER
labrown
Studio Musican/Composer
10:03 PM on 06/04/2012
Yea, the economy is so good now, lets just hand the entire country over to Mexico. After all, look how great they run things down there.
08:57 PM on 06/04/2012
From the New York Times editorial:

"getting undocumented immigrants right with the law"

People who spout that open border talking point don't care a whit about the law. As far as they're concerned, immigration law is made to be broken.

"They have even blocked the Dream Act"

Even? The Dream Act has nothing in it to prevent the situation from happening in the future. Why are you implying that it's extreme to oppose legislation which does nothing to solve a problem?

"an inspiring series of protests, marches and other lobbying efforts"

Any movement to undermine immigration law gives the Times a warm and fuzzy feeling.

"restrictionist fervor"

LOL. Can we take this is as an admission that the Times is for mass, unrestricted immigration? I've never read any editorial (either unsigned or by individuals like Lawrence Downes) which hinted otherwise and their immigration "reporters" (such as Julia Preston) are biased against immigration law and its enforcement.
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HUFFPOST SUPER USER
labrown
Studio Musican/Composer
10:04 PM on 06/04/2012
Let's get murderers "right with the law". We can just prosecute the dead person and it'll be like there was never a crime!
12:30 PM on 06/05/2012
Read the background check section of the bills. It clearly states that the person with a criminal past would be rendered ineligible.
The person need to have been 15yr of age or younger when initially entered the US and it caps at 35yrs of age. So if someone came here when they were 25yr of age and now they are 35yr of age, they are not eligible.
Norm
Read think read analyze read comment
08:23 PM on 06/04/2012
The problem, Rep. Gutierrez, is not the Dream Act itself. I don't think most Americans are deeply opposed to children getting educated. The problem is that many Americans can not find a way to educate their own children, but know if the Dream Act passed, poor and minority children who are not citizens would go to the head of the line for financial aid;, thus displacing their own children. This is not a fatuous fear.
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HUFFPOST SUPER USER
dtairtime
It is what it is
11:44 PM on 06/04/2012
With the people who pay attention and read the bills the problem with the dream act bills is that they were written by politicians. Politicians who want to make it as open as possible for all illegals up to the age of 35. Most people who read the bills are stunned by the little details in the short bills that are so blatantly WRONG on every count as to make these bills non-starters.

For instance the bills allow illegals to stay who have two criminal convictions. There is NO limit on numbers of arrests they can have. They do not cost the applicants a cent - taxpayers will have to pay thousands per. At about 3+ million we can say bye bye to billions upon billions. There is nothing excluding known gang members from staying. These adult kids can immediately start the daisy chaining for the criminal parents to stay too. Nothing precludes them from social programs and nothing says they have to take any worthwhile classes or get decent grades. Etc.............
12:35 PM on 06/05/2012
Your assumptions are incorrect. Here are the facts:
Read the background check section of the bills. It clearly states that the person with a criminal past would be rendered ineligible.
The person need to have been 15yr of age or younger when initially entered the US and it caps at 35yrs of age. So if someone came here when they were 25yr of age and now they are 35yr of age, they are not eligible.

Undocumented immigrants need to pass through many hoops in order to be eligible. Once they are eligible, they need to apply. Even then, their application could be denied. So it is not as easy as you may think and that is how it should be so that those who deserve to be here and have become positive assets to their communities are approved.
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Viper1st
multi quasi faceted
02:17 AM on 06/05/2012
Beg to Differ ~

Illegal K-12 are already receiving FREE K-12 Education on the U.S. Taxpayers' dime

Taking up over 900,000 desks @ a Nat'l Ave. to educate each & every illegal K-12 Student annually = $12,200 x 900,000 = $11 billion, annually that could be used to provide quality education to Citizen K-12 students