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| Illegal immigrants can start applying for delayed deportations this spring | Illegal immigrants can start applying for delayed deportations this spring |
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| The Obama administration will begin accepting applications this spring from illegal immigrants who are seeking deferred deportations under President Obama’s new executive action program, and those who qualify will be granted protections for three years, administration officials said. | The Obama administration will begin accepting applications this spring from illegal immigrants who are seeking deferred deportations under President Obama’s new executive action program, and those who qualify will be granted protections for three years, administration officials said. |
| [Read: Live updates on the immigration plan.] | [Read: Live updates on the immigration plan.] |
| The officials unveiled new details of Obama’s plans ahead of his prime-time address on Thursday evening as the White House sought to portray his actions as an effort to ensure that the U.S. immigration system focuses on deporting the highest-priority immigrants, such as felons, gang members and recent border-crossers. | The officials unveiled new details of Obama’s plans ahead of his prime-time address on Thursday evening as the White House sought to portray his actions as an effort to ensure that the U.S. immigration system focuses on deporting the highest-priority immigrants, such as felons, gang members and recent border-crossers. |
| Obama is expected to say he will stop deportations for a certain group of illegal immigrants: parents whose children are already U.S. citizens or legal permanent residents. The protection would apply only to parents who have lived in the United States for five years or more. | |
| There are about 3.7 million illegal immigrants who meet those criteria, according to a report from the Migration Policy Institute. Under Obama’s plan, some of them would also be able to apply for work permits, which now are available only to immigrants with legal status. | |
| The president’s plans include expanding an existing 2012 program that has deferred deportations of nearly 600,000 young people brought to the country illegally as children, known as “dreamers;” expanding visas for high-skilled workers; modifying federal immigrant detention procedures; and reorienting federal resources to strengthen border security, the officials said. | |
| According to prepared excerpts, Obama plans to say that mass deportation of the nation’s more than 11 million illegal immigrants “would be both impossible and contrary to our character.” | According to prepared excerpts, Obama plans to say that mass deportation of the nation’s more than 11 million illegal immigrants “would be both impossible and contrary to our character.” |
| But he will also argue that his plans do not amount to “amnesty” but rather increased “accountability” for the nation’s 11 million illegal immigrants. | But he will also argue that his plans do not amount to “amnesty” but rather increased “accountability” for the nation’s 11 million illegal immigrants. |
| “If you meet the criteria, you can come out of the shadows and get right with the law. If you’re a criminal, you’ll be deported. If you plan to enter the U.S. illegally, your chances of getting caught and sent back just went up,” Obama will say, according to the excerpts released by the White House. | “If you meet the criteria, you can come out of the shadows and get right with the law. If you’re a criminal, you’ll be deported. If you plan to enter the U.S. illegally, your chances of getting caught and sent back just went up,” Obama will say, according to the excerpts released by the White House. |
| Obama’s plans have set up a confrontation with Republicans who oppose any measures to defer the deportations of immigrants in the country illegally. But in his address the president will sketch out a broad array of steps aimed at revamping the immigration system. | Obama’s plans have set up a confrontation with Republicans who oppose any measures to defer the deportations of immigrants in the country illegally. But in his address the president will sketch out a broad array of steps aimed at revamping the immigration system. |
| “The actions I’m taking are not only lawful, they’re the kinds of actions taken by every single Republican president and every Democratic president for the past half century,” Obama intends to say. “And to those members of Congress who question my authority to make our immigration system work better, or question the wisdom of me acting where Congress has failed, I have one answer: Pass a bill.” | “The actions I’m taking are not only lawful, they’re the kinds of actions taken by every single Republican president and every Democratic president for the past half century,” Obama intends to say. “And to those members of Congress who question my authority to make our immigration system work better, or question the wisdom of me acting where Congress has failed, I have one answer: Pass a bill.” |
| The plan for three years of relief is a year longer than under the 2012 program, known as Deferred Action for Childhood Arrivals, and would mean that the newly processed applicants would be protected from deportations through the first year of Obama’s successor in 2017, leaving it up to the new administration to determine whether to continue the program or abruptly eliminate it. | The plan for three years of relief is a year longer than under the 2012 program, known as Deferred Action for Childhood Arrivals, and would mean that the newly processed applicants would be protected from deportations through the first year of Obama’s successor in 2017, leaving it up to the new administration to determine whether to continue the program or abruptly eliminate it. |
| The administration is also expanding the 2012 program to eliminate an age cap and to move the date by which the applicant must have arrived in the United States from June 15, 2007, also will be Jan. 1, 2010, officials said. | The administration is also expanding the 2012 program to eliminate an age cap and to move the date by which the applicant must have arrived in the United States from June 15, 2007, also will be Jan. 1, 2010, officials said. |
| Administration officials said the president’s decision to protect illegal immigrant parents of U.S. citizens and permanent residents from deportation is based a “humanitarian” rationale that recognizes special legal statutes Congress has enacted to keep together families, administration officials said Thursday. | Administration officials said the president’s decision to protect illegal immigrant parents of U.S. citizens and permanent residents from deportation is based a “humanitarian” rationale that recognizes special legal statutes Congress has enacted to keep together families, administration officials said Thursday. |
| Under current law, immigrant children living legally in the United States are permitted to apply for visas for their parents, and Obama’s decision to defer the deportations of up to 4 million undocumented immigrants is consistent with that precedent, the officials said. | Under current law, immigrant children living legally in the United States are permitted to apply for visas for their parents, and Obama’s decision to defer the deportations of up to 4 million undocumented immigrants is consistent with that precedent, the officials said. |
| “The impact of the contrary position would be that mothers and fathers and their children could be separated,” said one senior administration official, who spoke on condition of anonymity in a briefing for reporters ahead of Obama’s primetime address. “Congress has recognized this is a particular relationship that Congress is willing to protect.” | “The impact of the contrary position would be that mothers and fathers and their children could be separated,” said one senior administration official, who spoke on condition of anonymity in a briefing for reporters ahead of Obama’s primetime address. “Congress has recognized this is a particular relationship that Congress is willing to protect.” |
| Obama alluded to the skilled worker piece of his plan at the White House on Thursday morning, during a ceremony to honor top American scientists. | Obama alluded to the skilled worker piece of his plan at the White House on Thursday morning, during a ceremony to honor top American scientists. |
| “Part of staying competitive in a global economy is making sure that we have an immigration system that doesn’t send away top talent, but attracts it,” Obama said to applause, according to a transcript of the event. | “Part of staying competitive in a global economy is making sure that we have an immigration system that doesn’t send away top talent, but attracts it,” Obama said to applause, according to a transcript of the event. |
| If Obama follows through, his plan would be the most significant alteration in the U.S. immigration system since the 1980s. | If Obama follows through, his plan would be the most significant alteration in the U.S. immigration system since the 1980s. |
| Obama believes he can make the changes based on his own executive authority: White House officials said they spent months making sure that the president would do only what the law allows. Obama is acting after Congress — divided between a Republican-controlled House and a Democratic majority in the Senate — was unable to agree on an immigration overhaul. | Obama believes he can make the changes based on his own executive authority: White House officials said they spent months making sure that the president would do only what the law allows. Obama is acting after Congress — divided between a Republican-controlled House and a Democratic majority in the Senate — was unable to agree on an immigration overhaul. |
| But, even before Obama’s changes were announced, Republicans in Congress denounced them as reaching far beyond his constitutional powers. | But, even before Obama’s changes were announced, Republicans in Congress denounced them as reaching far beyond his constitutional powers. |
| A spokesman for House Speaker John A. Boehner (R-Ohio), for instance, referred to the president as “Emperor Obama” and charged that he was exceeding his constitutional authority and cementing “his legacy of lawlessness.” | A spokesman for House Speaker John A. Boehner (R-Ohio), for instance, referred to the president as “Emperor Obama” and charged that he was exceeding his constitutional authority and cementing “his legacy of lawlessness.” |
| “This is presidential overreach of monumental proportions,” said Sen. Jeff Sessions (R-Ala.), who is likely to be the next chairman of the Senate Budget Committee. “It’s a direct erosion of congressional power. . . . I think Congress needs to and will resist and do so in a way that is responsible.” | “This is presidential overreach of monumental proportions,” said Sen. Jeff Sessions (R-Ala.), who is likely to be the next chairman of the Senate Budget Committee. “It’s a direct erosion of congressional power. . . . I think Congress needs to and will resist and do so in a way that is responsible.” |
| But now, Republican leaders in Congress face a tricky question. | But now, Republican leaders in Congress face a tricky question. |
| What, exactly, should they do about it? | What, exactly, should they do about it? |
| The party’s leaders have advocated tactics that — they say — would provide a forceful response, without shutting down the government itself. They might file a lawsuit, challenging Obama’s authority in court. They might craft legislation to make their own revisions to immigration policy. | The party’s leaders have advocated tactics that — they say — would provide a forceful response, without shutting down the government itself. They might file a lawsuit, challenging Obama’s authority in court. They might craft legislation to make their own revisions to immigration policy. |
| But many in the Republican rank-and-file believe those tactics would not be forceful enough. | But many in the Republican rank-and-file believe those tactics would not be forceful enough. |
| Instead, Sen. Ted Cruz (R-Tex.) said on Wednesday that Obama’s executive action should be met with a refusal to vote on any more of his nominees. On Thursday, looking for a parallel to Obama’s actions, Cruz reached back to ancient Rome, comparing Obama to the Catiline conspiracy, a plot to overthrow the Roman Republic. | Instead, Sen. Ted Cruz (R-Tex.) said on Wednesday that Obama’s executive action should be met with a refusal to vote on any more of his nominees. On Thursday, looking for a parallel to Obama’s actions, Cruz reached back to ancient Rome, comparing Obama to the Catiline conspiracy, a plot to overthrow the Roman Republic. |
| Sessions has advocated a series of short-term spending bills. The idea would be to create a series of deadlines: if Congress did not pass a new spending bill, the government might shut down. Sessions believes that these deadlines might give Republicans leverage to demand concessions from Obama on immigration. | Sessions has advocated a series of short-term spending bills. The idea would be to create a series of deadlines: if Congress did not pass a new spending bill, the government might shut down. Sessions believes that these deadlines might give Republicans leverage to demand concessions from Obama on immigration. |
| But the risk for Republicans is that, if Obama does not cave the way Sessions expects, the government might actually shut down, and Republicans might get some of the blame. | But the risk for Republicans is that, if Obama does not cave the way Sessions expects, the government might actually shut down, and Republicans might get some of the blame. |
| Rep. Steve King (R-Iowa) has hinted at another possibility: bringing up articles of impeachment against Obama. | Rep. Steve King (R-Iowa) has hinted at another possibility: bringing up articles of impeachment against Obama. |
| More moderate Republicans worry that these actions could alienate Latino voters and repeat the self-inflicted wounds of the 2013 government shutdown. | More moderate Republicans worry that these actions could alienate Latino voters and repeat the self-inflicted wounds of the 2013 government shutdown. |
| “The president wants to see an angry and intemperate response, thinking the Republicans will do something that leads to a shutdown,” said Rep. Charlie Dent (R-Pa.). “Don’t take the bait, and don’t have a hysterical reaction. We can be strong, rational and measured.” | “The president wants to see an angry and intemperate response, thinking the Republicans will do something that leads to a shutdown,” said Rep. Charlie Dent (R-Pa.). “Don’t take the bait, and don’t have a hysterical reaction. We can be strong, rational and measured.” |
| On Wednesday, Obama discussed his plans with more than a dozen congressional Democrats during a dinner at the White House, outlining why he believes his actions are “the first big step” in reforming the nation’s immigration system. But Obama also emphasized that his actions are not going to be a permanent solution. | On Wednesday, Obama discussed his plans with more than a dozen congressional Democrats during a dinner at the White House, outlining why he believes his actions are “the first big step” in reforming the nation’s immigration system. But Obama also emphasized that his actions are not going to be a permanent solution. |
| Rep. Judy Chu (D-Calif.), who chairs the Congressional Asian Pacific American Caucus and attended Wednesday night’s dinner, said the president “was very clear on the fact that we have to do this now and remain strong through this process.” | Rep. Judy Chu (D-Calif.), who chairs the Congressional Asian Pacific American Caucus and attended Wednesday night’s dinner, said the president “was very clear on the fact that we have to do this now and remain strong through this process.” |
| The showdown with Republicans comes two years after Obama, flush off his 2012 reelection, announced he would pursue a legislative overhaul of immigration laws as he sought to fulfill a campaign promise to Latino and Asian American supporters who were frustrated that the president had not done more on immigration in his first term. | The showdown with Republicans comes two years after Obama, flush off his 2012 reelection, announced he would pursue a legislative overhaul of immigration laws as he sought to fulfill a campaign promise to Latino and Asian American supporters who were frustrated that the president had not done more on immigration in his first term. |
| But an 18-month effort to pass legislation, which included a path to citizenship, collapsed this summer in the face of strenuous opposition in the Republican-controlled House. In June, Obama promised to act aggressively on the problem in areas where the law allowed the use of his executive authority. | But an 18-month effort to pass legislation, which included a path to citizenship, collapsed this summer in the face of strenuous opposition in the Republican-controlled House. In June, Obama promised to act aggressively on the problem in areas where the law allowed the use of his executive authority. |
| Administration lawyers have spent months reviewing case law and meeting with immigration advocates, law enforcement officials and legal experts to develop options for Obama, who reviewed them with Department of Homeland Security Secretary Jeh Johnson and Attorney General Eric H. Holder Jr. | Administration lawyers have spent months reviewing case law and meeting with immigration advocates, law enforcement officials and legal experts to develop options for Obama, who reviewed them with Department of Homeland Security Secretary Jeh Johnson and Attorney General Eric H. Holder Jr. |
| In addition to his plan to protect some immigrant parents from deportation, Obama is also expected to expand a 2012 program that has deferred the deportations of nearly 600,000 younger immigrants known as “Dreamers,” who were brought into the country illegally as children. (The name comes from the Dream Act, proposed legislation that Congress has failed to pass.) Obama’s plans would expand that program by raising the maximum current age from 30 and raising the maximum arrival age above 16. However, it is not known how many years of eligibility he will add at either end or how many more people will be covered. | In addition to his plan to protect some immigrant parents from deportation, Obama is also expected to expand a 2012 program that has deferred the deportations of nearly 600,000 younger immigrants known as “Dreamers,” who were brought into the country illegally as children. (The name comes from the Dream Act, proposed legislation that Congress has failed to pass.) Obama’s plans would expand that program by raising the maximum current age from 30 and raising the maximum arrival age above 16. However, it is not known how many years of eligibility he will add at either end or how many more people will be covered. |
| “I am getting slammed with calls from people asking me if they will qualify, but I can’t tell them anything yet,” said Simon Sandoval Moshenberg of the Legal Aid Justice Center in Falls Church, Va., which has helped scores of young immigrants apply for the deferred-action program over the past two years. “Any time you draw a line, there are people who fall on either side. It was heartbreaking to see people miss the age cutoff date by just a few weeks, and that can happen again.” | “I am getting slammed with calls from people asking me if they will qualify, but I can’t tell them anything yet,” said Simon Sandoval Moshenberg of the Legal Aid Justice Center in Falls Church, Va., which has helped scores of young immigrants apply for the deferred-action program over the past two years. “Any time you draw a line, there are people who fall on either side. It was heartbreaking to see people miss the age cutoff date by just a few weeks, and that can happen again.” |
| Obama will stop short of extending protections to hundreds of thousands of parents of the Dreamers, after the White House Office of Legal Counsel determined that doing so would exceed the president’s legal authorities to act unilaterally, according to the people briefed on the plans. | Obama will stop short of extending protections to hundreds of thousands of parents of the Dreamers, after the White House Office of Legal Counsel determined that doing so would exceed the president’s legal authorities to act unilaterally, according to the people briefed on the plans. |
| About 671,000 parents live with illegal-immigrant children, and 6.5 million undocumented people live with no children at all — meaning that most of them are unlikely to be eligible for deportation relief, although some might qualify under other potential changes, including if they serve in the U.S. military. The administration determined that it lacked the legal authority to expand visas for migrant farm workers or the existing H-1B visa program for highly skilled foreigners, lawmakers said. | About 671,000 parents live with illegal-immigrant children, and 6.5 million undocumented people live with no children at all — meaning that most of them are unlikely to be eligible for deportation relief, although some might qualify under other potential changes, including if they serve in the U.S. military. The administration determined that it lacked the legal authority to expand visas for migrant farm workers or the existing H-1B visa program for highly skilled foreigners, lawmakers said. |
| “Even if they help 5 million people, a lot of others will be left out, but it is still a huge step forward and a historic decision. It is one of the biggest victories we’ve ever had,” said Frank Sharry, executive director of America’s Voice, a national immigrant advocacy group based in Washington. | “Even if they help 5 million people, a lot of others will be left out, but it is still a huge step forward and a historic decision. It is one of the biggest victories we’ve ever had,” said Frank Sharry, executive director of America’s Voice, a national immigrant advocacy group based in Washington. |
| Despite its limits, he said, Obama’s executive action “could well be a turning point from a decade of ramping up enforcement to a more balanced approach, where protection of immigrants is combined with enforcement against bad actors.” | Despite its limits, he said, Obama’s executive action “could well be a turning point from a decade of ramping up enforcement to a more balanced approach, where protection of immigrants is combined with enforcement against bad actors.” |
| White House officials declined to provide details about the president’s announcement, but Johnson called the president’s plan “comprehensive.” He and other administration officials emphasized that Obama remains supportive of Congress undertaking a broader legislative fix to immigration laws next year. | White House officials declined to provide details about the president’s announcement, but Johnson called the president’s plan “comprehensive.” He and other administration officials emphasized that Obama remains supportive of Congress undertaking a broader legislative fix to immigration laws next year. |
| “Legislative action is always preferable,” Johnson said during an appearance at the National Press Club on Wednesday. “But we have waited for Congress to act, and the Congress has not acted. It can’t be that we’re not allowed to lift a finger to fix our broken immigration system. And we will.” | “Legislative action is always preferable,” Johnson said during an appearance at the National Press Club on Wednesday. “But we have waited for Congress to act, and the Congress has not acted. It can’t be that we’re not allowed to lift a finger to fix our broken immigration system. And we will.” |
| In an effort to cast doubt on the legality of Obama’s decision, GOP aides circulated a list of 22 times the president has said publicly that he does not believe he has the authority to act through executive action to change immigration laws. | In an effort to cast doubt on the legality of Obama’s decision, GOP aides circulated a list of 22 times the president has said publicly that he does not believe he has the authority to act through executive action to change immigration laws. |
| The White House, recognizing the political risks, moved to shore up public support with an aggressive sales job. Obama released a video on Facebook, explaining his reasons for taking action. By Thursday afternoon, the video had been watched more than 3.3 million times. | The White House, recognizing the political risks, moved to shore up public support with an aggressive sales job. Obama released a video on Facebook, explaining his reasons for taking action. By Thursday afternoon, the video had been watched more than 3.3 million times. |
| His prime-time address Thursday also is aimed at including “as many people across the country in this broader debate” as possible, White House press secretary Josh Earnest said. However, most of the major television networks announced they will not carry the remarks live, leaving it to the cable news channels and the Spanish-language network Univision, where Obama’s remarks will come right before the airing of the Latin Grammy Awards. | His prime-time address Thursday also is aimed at including “as many people across the country in this broader debate” as possible, White House press secretary Josh Earnest said. However, most of the major television networks announced they will not carry the remarks live, leaving it to the cable news channels and the Spanish-language network Univision, where Obama’s remarks will come right before the airing of the Latin Grammy Awards. |
| On Friday, Obama will return to Las Vegas’s Del Sol High School, which holds a special significance for him. On Jan. 11, 2008, then-Sen. Obama arrived in that city after losing to then-Sen. Hillary Rodham Clinton in New Hampshire’s presidential primary. Obama pivoted to the heavily Latino voting bloc of Nevadans and delivered what became known as his “Si Se Puede” speech — the Spanish equivalent of “Yes We Can.” | On Friday, Obama will return to Las Vegas’s Del Sol High School, which holds a special significance for him. On Jan. 11, 2008, then-Sen. Obama arrived in that city after losing to then-Sen. Hillary Rodham Clinton in New Hampshire’s presidential primary. Obama pivoted to the heavily Latino voting bloc of Nevadans and delivered what became known as his “Si Se Puede” speech — the Spanish equivalent of “Yes We Can.” |
| At the high school that day, hundreds filled the gymnasium, and hundreds more waited outside as the president vowed to deliver on citizenship for undocumented immigrants. | At the high school that day, hundreds filled the gymnasium, and hundreds more waited outside as the president vowed to deliver on citizenship for undocumented immigrants. |