Immigration Issue Still a Hot Button

Immigration Issue Still a Hot Button

Lorreta Lynch


After tumultuous racial tensions, Attorney General Eric Holder stepped down while the inspiration of ire still remained in effect: the Deferred Action at Childhood Arrival (DACA). Many Republicans had taken such policy as outright refusal to enforce the law or even implicitly make new rule not intended by Congress. The nominee, Loretta Lunch, naturally faces a delayed vote in Senate. She had to answer questions which essentially amounted to, “Will the role of Attorney General be an agent for the Constitution, or for the Cabinet only?” Among such questions at the confirmation hearing, immigration issue still remains to be a probe question for jurisprudence and Constitutional views.

Senator Cruz’s second question was on immigration issue. During the confirmation hearing, Senator Cruz (Rep. TX) found it disappointing that Ms. Lynch refused to address, specifically, whether the President has the authority to refuse enforcing written laws authorized by Congress, among which the recent Executive Action announced on 11/20/2014. Ms. Lynch dodged allusion to her reading of Office of Legal Counsel report to the effect of granting amnesty. To her, such executive action was only a managerial prioritization to better enforce the spirit of the law– deport the dangerous immigrants, documented and undocumented first. Her comment on the report only went as far as, “find the report reasonable.”She refused to take other’s report, or opinion, as her professional discretion. This fitted with her strategy to present her as an independent and cautious voice.

The deeper concern was whether Ms. Lynch would simply continue the ongoing trend of expanding Presidential power since the New Deal, the World War II and massive social welfare programs in the 1960’s. Ms. Lynch’s typically and predictably ambiguous answer, would have been as disappointing to proponents of a stronger Executive branch. To many, refusal to enforce law itself is discretion within Presidential power, not another power augmented by the expansion of our administrative state. Senator Cruz, coincidentally, holds the opposite view. Therefore, as elected representatives of a party valuing limited government, Senator Cruz’s disappointment is as foreseeable as that of other parties.

This cautious procession may just be typical of all confirmation hearing and the time with Senator Cruz may not be indicative of the whole. There are, actually, two noteworthy features of this confirmation hearing.

First, Ms. Lynch, though distanced herself from Mr. Holder, appeared implicitly supportive of the present course of policy for immigration issues.

Second, Ms. Lynch distanced herself from Mr. Holder’s stance on all issues and sought to build common ground with, even the most suspicious members of the Republican party. Her strategy was to stay focused on the current law. An example was to acknowledge the NSA program on meta-data collection as “Constitution and effective,” avoiding the comment on the need to reform or the boundary of civil liberty. Another good example was to acknowledge the threat of cyber crimes and the criminal elements of money laundering involved in marijuana trade.

Overall, immigration policy is likely to remain as is. Immigration issues will remain as how as ever a probe in confirmation hearings.


 

 

Related Posts

Cleveland still has time to get into the immigration game?

Why is Cleveland an Outlier of Attracting the Immigration of
2014-05-26 17:29:59
richardherman

18

Conditions in Immigration Detention Facilities

Conditions in Immigration Detention Facilities
2017-05-11 05:39:11
richardherman

8

Cincinnati Immigration Lawyer

2017-04-24 20:26:17
richardherman

8

Dayton Immigration Lawyer

2017-04-21 20:19:22
richardherman

8

H-1B Visa Extension beyond the 6 Year Maximum

H-1B Visa Extension beyond the 6 Year Maximum
2017-03-31 14:42:49
richardherman

8

Crimes that Make Visa Applicants Inadmissible

Crimes that Make Visa Applicants Inadmissible
2017-03-20 12:33:17
richardherman

8

Juvenile Criminal Records and Immigration Benefits

Juvenile Criminal Records and Immigration Benefits
2017-03-20 12:24:58
richardherman

8

U Visa Eligibility Requirements

Two visas came into effect and were authorized through the Victims
2017-01-23 10:43:05
richardherman

8

Visa Petitions

Visa Petitions 15/12/2016
2016-12-15 12:24:38
richardherman

8

Why You Should Start Looking For Detroit Immigration Court Lawyers

Why You Should Start Looking For Detroit Immigration Court Lawyers
2016-11-21 12:01:22
richardherman

8

The following two tabs change content below.
Richard Herman is a nationally-known immigration attorney with 20+ years of experience representing families and businesses in all aspects of immigration law. Richard was voted for inclusion in the 2015 edition of The Best Lawyers in America© and listed in Super Lawyers© for ten consecutive years, Richard is the founder of the Herman Legal Group, an immigration law firm serving clients in over 12 languages from offices in Cleveland, Columbus and Detroit, whose attorneys have represented diverse clientele, from Fortune 500 companies to undocumented workers, from technology entrepreneurs to NFL teams. He is the co-author of the acclaimed book, Immigrant, Inc. ---Why Immigrant Entrepreneurs Are Driving the New Economy (John Wiley & Sons, 2009). Richard has appeared FOX News (The O’Reilly Factor), ABC News 20/20, National Public Radio, and has appeared in the New York Times, USA Today, BusinessWeek, Forbes, Inc., PC World, Computerworld, CIO, TechCrunch and InformationWeek.

0 Comments

Leave a reply

Your email address will not be published. Required fields are marked *

*