Who could be affected?
The president’s plan is expected to affect up to five million of the nation’s unauthorized immigrant population, currently 11.4 million according to the Migration Policy Institute. It would create a new program of deferrals for approximately 4 million undocumented parents of American citizens or legal permanent residents who have been in the country for at least five years. Deferrals would include authorization to work and would be granted for three years at a time.
It would also expand a program created by the administration in 2012 called Deferred Action for Childhood Arrivals, or DACA, which allows young people who were brought into the country as children to apply for deportation deferrals and work permits. The plan would extend eligibility to people who entered the United States as children before January 2010 (the cutoff is currently June 15, 2007). It would also increase the deferral period to three years from two years and eliminate the requirement that applicants be under 31 years old. About 1.2 million young immigrants are currently eligible, and the new plan would expand eligibility to approximately 300,000 more.
The deferrals would not include a path to full legal status or benefits under the Affordable Care Act. There are also no specific protections for farm workers or parents of DACA-eligible immigrants. An additional one million people will have some protection from deportation through other parts of the president’s plan.
U.S. Foreign-born population
Unauthorized immigrants
Naturalized citizens
Legal permanent residents and temporary legal residents
11.4 million
18.7
10.7
Unauthorized immigrants
Potentially covered by president’s plan
1.2
4-5 mil.
Currently DACA-eligible
Source: Migration Policy Institute, 2012 data
Unauthorized immigrants
U.S. Foreign-born population
Currently DACA-eligible
1.2
Unauthorized immigrants
11.4
mil.
4-5
mil.
Potentially covered by president’s plan
18.7
Naturalized citizens
Legal permanent residents and temporary legal residents
10.7
Source: Migration Policy institute, 2012 data
Why isn’t the president waiting for Congress to act?
Though he granted temporary relief to immigrants who arrived in the United States as children, Mr. Obama had in recent years emphasized the limits of his power and urged Congress to pass an immigration overhaul, which, he said, is the only way to provide permanent protection for immigrants and improve the country’s immigration laws. “The problem is, is that I’m the president of the United States, I’m not the emperor of the United States,” he said during a Google Hangout last year. “My job is to execute laws that are passed.”
The Democratic-led Senate passed a comprehensive bill in June, which among other measures, included a path to citizenship for unauthorized immigrants. The Republican-controlled House has approved several separate measures in committee, but many members say they would not support a plan that includes a path to citizenship.
Now, with Congress gridlocked over the issue, Mr. Obama has emphasized his ability to change how immigration laws are enforced. While his actions are not without precedent, they would affect far more people than the actions of past presidents on immigration. Republicans take control of Congress in January, and some fear standing in the way of the president’s actions could hurt them politically with Latinos.
What has been the Republican reaction?
Conservatives in Congress accused Mr. Obama of abusing his power and have pledged to try to stop the actions, through legislative or legal measures. “I believe his unilateral action, which is unconstitutional and illegal, will deeply harm our prospects for immigration reform,” Senator John Cornyn, Republican of Texas, said on Wednesday.
The issue was brought front and center at the annual meeting of the Republican Governors Association, where several conservative governors expressed opposition to the president and confronted the practical challenges that new legal orders would bring to their states.
Has illegal immigration been increasing?
Growth in the unauthorized immigrant population has slowed significantly since 2007, driven in part by a decline in immigrants from Mexico, where more than half of those immigrants were born. An increase in deportations and fewer economic incentives after the recession have contributed to the decline.
Deportations per year
Unauthorized immigrant population
400,000
12 million
All
300,000
9
200,000
6
Mexican-born
100,000
3
0
’90
’95
’00
’05
’07
’09
’13
’90
’95
’00
’05
’07
’09
’12
Source: U.S. Department of Homeland Security
Source: Pew Research Center
Unauthorized immigrant population
12 million
All
9
6
Mexican-born
3
0
’90
’95
’00
’05
’07
’09
’12
Source: Pew Research Center
Deportations per year
400,000
300,000
200,000
100,000
’90
’95
’00
’05
’07
’09
’13
Source: U.S. Department of Homeland Security
How do Americans feel about the issue?
More Americans disapprove of than approve of President Obama’s decision to take executive action on the issue.
In general, half of Americans say that unauthorized immigrants should be allowed to stay in the United States and eventually apply for citizenship. Thirteen percent say that they should be allowed to stay legally but not allowed to apply for citizenship. Thirty-two percent say they should be required to leave the country. Democrats are much more likely to support a path to citizenship, along with Hispanics, blacks and young adults ages 18 to 29.
Approval of President Obama taking executive action to change immigration laws
No opinion/
not sure
Approve
Lean approve
Lean disapprove
Disapprove
32%
6
14
6
42
Source: WSJ/NBC News Poll conducted Nov. 14-17 with 1,000 adults nationwide.
Which comes closest to your view about illegal immigrants who are living in the United States?
They should be allowed to stay in the U.S. ...
They should be required to leave the U.S.
... and eventually apply for citizenship
... but not be allowed to apply for citizenship
Total
50%
13
32
Democrat
65
10
18
Independent
45
15
34
Republican
37
12
46
Hispanic
53
25
15
Black
61
16
18
White
47
12
36
Age 18-29
56
18
23
Age 30-44
44
10
38
Age 45-64
52
11
31
Age 65+
44
14
33
Source: New York Times/CBS News Poll based on telephone interviews conducted Sept. 12-15 with 1,009 adults nationwide.
Approval of President Obama taking executive action to change immigration laws
No opinion/
not sure
Lean approve
Lean disapprove
Approve
Disapprove
32%
6
14
6
42
Source: WSJ/NBC News Poll conducted Nov. 14-17 with 1,000 adults nationwide.
Which comes closest to your view about illegal immigrants who are living in the United States?
They should be allowed to stay in the U.S. ...
... and eventually apply for citizenship
... but not be allowed to apply for citizenship
They should be required to leave the U.S.
Total
50%
13
32
Democrat
65
10
18
Independent
45
15
34
Republican
37
12
46
Hispanic
53
25
15
Black
61
16
18
White
47
12
36
Age 18-29
56
18
23
Age 30-44
44
10
38
Age 45-64
52
11
31
Age 65+
44
14
33
Source: New York Times/CBS News Poll based on telephone interviews conducted Sept. 12-15 with 1,009 adults nationwide.
