Obama allies, critics debate immigration orders

David Jackson and Alan Gomez, USA TODAY

President Obama put the final touches on a major immigration speech Thursday, setting up a major political battle with newly empowered Republicans over executive orders that would delay deportations of up to 5 million migrants.

While White House officials and Democratic lawmakers described Obama's imminent executive orders on immigration are necessary and lawful, Republicans called them an abuse of presidential power.

"For the good of the American people, the President must use his authority under current law to do what he can to fix our broken immigration system," said U.S. Sen. Dick Durbin, D-Ill.

Sen. Mitch McConnell, R-Ky., pointed out that Republicans return in January with a new majority in the Senate and an expanded majority in the House, and are considering a "variety of options" to respond to Obama's executive orders, including possible lawsuits.

"Make no mistake," McConnell said. "When the newly elected representatives of the people take their seats, they will act."

Obama is scheduled to address the nation shortly after 8 p.m. in a speech expected to cover border security and high-tech visas as well as the legal status of migrants.

The president briefly plugged his plan Thursday morning while honoring winners of the National Medal of Science and National Medal of Technology and Innovation.

"Part of staying competitive in a global economy is making sure that we have an immigration system that doesn't send away talent, but attracts it," he said.

In announcing the speech Wednesday on Facebook, Obama said: "What I'm going to be laying out is the things that I can do, with my lawful authority as president, to make the (immigration) system work better — even as I continue to work with Congress and encourage them to get a bipartisan, comprehensive bill that can solve the entire problem."

In e-mail statements and television interviews, the White House and its supporters argued that Obama is acting because House Republicans are blocking passage of a major immigration bill that the Senate passed in 2013. They also note that previous presidents, including Republicans Ronald Reagan and George H.W. Bush, issued executive orders granting legal status to migrants.

"The president does have significant authority," White House press secretary Josh Earnest said on MSNBC. "This is authority that has been used by Republican presidents."

The Republican position: Reagan and Bush did executive orders as adjustments to a congressional immigration bill passed in 1986, while Obama is going around Congress. Some described the new executive orders as a political power grab designed to appeal to Hispanic voters, while ignoring GOP election victories in this month's congressional elections.

GOP members also pointed out that, in recent years, Obama himself has questioned whether he has the legal authority to defer deportations.

"If the president truly follows through on this attempt to impose his will unilaterally, he will have issued a rebuke to his own stated view of democracy," McConnell said in a Senate floor speech. "And he will have contradicted his past statements on this very issue.

Obama is considering protecting up to 5 million undocumented immigrants from any deportation proceedings. Most of those are expected to be parents with children who were born in the U.S., meaning they are U.S. citizens. He may also consider expanding the pool of young undocumented immigrants who have been protected under a 2012 program, or granting protections to undocumented immigrants who have been in the country for long periods of time.

Department of Homeland Security Secretary Jeh Johnson said Wednesday that the president will also improve border security. Only Congress can order the hiring of thousands of Border Patrol agents, but Obama can increase their salaries and redeploy immigration agents spread around the country to the southwest border.

The president is also considering changes to a program called Secure Communities, which helps local police check the immigration status of suspects they've arrested for local crimes. That plan has angered many immigration advocates and Democrats who say it turns local police into immigration agents, while Republicans and some law enforcement officials say it's critical to track immigration violators around the country.

Obama will follow up Thursday night's address with a Friday event at a high school in Las Vegas, Nevada, a state with a large number of undocumented migrants.

White House aides said Obama still wants to work with Congress on a legislative bill that would supersede the executive orders. While the new orders could affect up to 5 million people, there are an estimated 11 million in the United States illegally.

"There are some steps the president can't take and require legislation," Earnest said on Fox News. "Tonight's action represents a first step."

White House Communications Director Jennifer Palmieri, appearing on MSNBC, said that "this is not the way we want to proceed. It's not solving the problem permanently."