executive action

The power of the order is found less in its immediate consequences, and more in its trajectory-setting results. While the world is slowly backing away from a crumbling cliff, this executive order represents a shift into drive to send the global climate hurtling toward the ledge.

President Obama signed an executive action Jan. 29 requiring large companies to disclose to the government how much they pay employees, broken down by race, gender, and ethnicity. This executive action, which applies to companies with 100 or more employees, is aimed in part at reducing the gender wage gap in the U.S., which leaves women earning 79 cents for every dollar earned by men.

Hundreds of immigrants and advocates from across the country gathered in New Orleans last week in support of President Obama's executive action programs on immigration. On April 17, the 5th Circuit Court heard oral arguments on the injunction filed in Texas v. the United States, which seeks to halt implementation of the executive action across the United States.

In February, federal district court Judge Andrew Hanen issued an injunction which temporarily delayed the extended 2012 Deferred Action for Child Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA) programs — programs that could protect as many as 5 million undocumented individuals.

A ruling is expected to be released within a few weeks but could come as early as this week.

The Department of Justice and many immigrants’ rights advocacy groups, including many in the faith community, have been diligently working to protect DAPA and DACA and demonstrate the negative impacts — including economic costs — that Judge Hanen’s ruling has created for communities across the country.  

Fortunately, the procedure to lift the injunction has been fast-tracked by the 5^th Circuit Court, meaning that the judicial process has been sped up given the urgency of the overall case. Carl Tobias, a law professor at the University of Richmond, believes that the decision to accept the fast-track of the injunction is positive for the federal government because “it shows how the 5^th Circuit seems to recognize that it is a very important case.”

IN OCTOBER 2013, an ad hoc group of humanitarians in Tucson, Ariz., chained themselves under buses scheduled to bring undocumented immigrants to trial at the federal district courthouse. The protests were aimed at Operation Streamline, which requires federal criminal charges to be brought against every person accused of an illegal border crossing. The action halted, for one day, Operation Streamline’s en masse prosecution of groups ranging from 50 to 100 people.

Under Operation Streamline, implemented under the Bush administration, deportation cases shifted from civil immigration authorities to federal criminal courts, a move that forced undocumented immigrants into the federal criminal justice system and into U.S. prisons. Operation Streamline is undergirded by a 2005 Customs and Border Patrol program called the Consequence Delivery System (CDS), which “guides management and agents through a process designed to uniquely evaluate each subject and identify the ideal consequence to break the smuggling cycle.” Using CDS, a first border-crossing offense is treated as a misdemeanor, punishable by up to six months in prison. Those who are caught a second time face deportation and possible felony convictions punishable by up to 20 years in prison.

Prior to CDS, border crossers without proper documentation were rarely prosecuted as criminals; instead, they were “administratively deported” through the civil immigration system. Under fast-track programs such as Operation Streamline, a federal criminal case—with prison and deportation consequences—can be completed in two days or less.

I am a newly minted American. Four years ago I passed the naturalization test and took the oath of allegiance to the United States. But I had been living as a citizen before I took the oath. Those who do not have the legal status of citizen often act as citizens. They attend PTA meetings, pay taxes, and engage in spirited public discussions about the common good. Citizenship is not only a legal status, but also a moral category and a set of practices.

President Obama recognizes this. Last night’s address described executive actions that will protect up to five million people from deportation and provide them with permits to work legally. People without valid immigration documents will be eligible to stay in the country temporarily if they have lived in the United States for more than 5 years, if they have children who are American citizens or legal residents, and if they register and pass criminal background checks.

Obama is not offering people citizenship, but his address reflected on the meaning of community belonging. “These people” often act like citizens, he seemed to be saying, because they “came to work, and study, and serve in our military, and above all, contribute to America's success.” To those of us who are citizens legally, Obama also had a message: Become better Americans.