PD Editorial: Congress given a chance to act on immigration

Today was supposed to be historic for some 300,000 undocumented immigrants who came to the United States before the age of 16 and who have lived in this country since at least 2010.

This was the day that they, for the first time, were going to be able to apply for legal status.

But as has become the norm in the political game of oneupmanship surrounding immigration policy, it was not to be.

A federal judge in Texas late Monday blocked implementation of the executive order by President Barack Obama that called for deferring the deportation of millions of undocumented immigrants. Although an appeal is certain, Obama administration officials say they have no choice but to put on hold plans to allow undocumented immigrants to apply for legal status.

This also puts on hold the lives of 4 million or more other residents who came to the United States as adults and were going to be allowed to apply for legal status in May.

But the ruling was limited in its long-term impact. Despite the squabbling over whether Obama had the legal right to issue such executive orders, the decision by U.S. District Court Judge Andrew S. Hanen in Brownsville did not address the merits of the policy changes, which are being challenged by 26 Republican-run states. Neither did it touch on whether Obama had the right to change policies on the enforcement of immigration laws without congressional consent. Rather, in focusing on a matter of procedure, the judge ruled there was a sufficient merit to the arguments in the lawsuit to justify a court order.

In his 123-page decision, Hanen ruled that the Department of Homeland Security illegally bypassed a mandate to allow public comment on the policy changes. The judge said Secretary of Homeland Security Jeh Johnson is obligated to abide by the notice-and-comment mandate in the Administrative Procedure Act.

This buys time for Congress to do the right thing and pass a clean immigration reform bill.

By doing so it also would allow congressional Republicans to halt a senseless game of brinkmanship that threatens to allow the Department of Homeland Security to run out of funding at the end of the month. Republican leaders on Capitol Hill have vowed to hold up the funds unless the appropriations bill for the department includes language that would halt the immigration programs. Such language is unlikely, and even if it was included it would face a certain presidential veto.

The point is, this restraining order now makes the battle over Homeland Security moot.

Meanwhile, Congress also has an opportunity to end the debate over Obama’s executive orders by passing the bipartisan immigration reform package approved by the Senate in 2013. America needs a sensible reform package, and it needs to continue funding the Department Homeland Security. Republican leaders must stop the games and allow a floor vote on both. But as usual it appears these issues are destined to be settled in court not Congress.