Ask An Immigration Lawyer: Executive Orders, Immigration Reform, and the Conservative Approach

Rumors about immigration reform are sparking hope for many that President Obama will exercise executive authority as soon as next week to protect up to 5 or 6 million immigrants living without legal status in the United States. The signing of such an order would be a bold step for the Obama administration, as it would protect millions of undocumented immigrants from deportation and possibly grant them a path to U.S. citizenship.

Those looking to the U.S. to open its borders more are likewise very interested in the idea of immediate immigration action. If President Obama chooses to exercise his executive power by issuing such an order, it will unquestionably have lasting affects on the lives of undocumented American residents, but is there any veracity to these rumors?

While it is possible Obama might make some progress on the issue, either this year via an executive action or next year through negotiations with a Republican-led Congress, for many undocumented American immigrants it might not be wise to bet the bank on such hopes. For one thing, Republicans remain opposed to the president's use of executive orders as a way to circumvent a gridlocked, unproductive Congress, and have shown themselves to be willing to take President Obama to court over the issue.

Also, House Speaker John A. Boehner, an Ohio Republican has promised to challenge any executive order on immigration that President Obama signs. Likewise, U.S. Senator Jeff Sessions, a GOP member from Alabama who is in line to chair the Senate Budget Committee next year, has been encouraging his fellow Republicans to use the power of the purse to block the president's "unlawful amnesty" for undocumented migrants. While executive orders are liable to the same process of judicial review as any law passed by Congress, even if Congress overturns Obama's executive action, he could indisputably veto the overturn.

Some say that the smarter thing to do would be to work for a change in immigration law via Congressional channels, and with the 2016 elections predicted to draw a higher voter turnout - especially among influential minorities such as Latinos - Republicans would do well to address the immigration issue sooner rather than later. That might or might not mean that Republican lawmakers will be more open to considering comprehensive immigration reform that could ease some of the burden on undocumented immigrants who have spent years - even lifetimes - in the United States, but who are a brush away with the law from being deported.

In short, now is not the time for undocumented immigrants already residing in the United States - or hopeful residents of other nations who look toward these shores as a beacon of opportunity and freedom - to throw caution to the wind and forego the kind of legal representation that could make all the difference to whether they are able to achieve their dreams.

For some, one immediately available alternative is Parole in Place (or PIP). This administrative form of relief affords a path to a U.S. green card to immediate relatives of those who either served or are currently serving in the U.S. armed forces, and who entered the U.S. without authorization. PIP is not available to all, but for those who qualify it is an opportunity, based on close family relationship, to adjust status meaning -- meaning, to apply for lawful permanent residence or a green card without leaving the United States, despite their past illegal entry. Once granted, the foreign national receives a parole document that serves as an inspection document without having to leave the country and re-enter the United States. It's possible that an executive order could lead to an expansion of PIP for immediate relatives for non-veterans or service men and women. This could offer more people hope to remedy their current Immigration status in the States.

Even if the executive order is not placed, many undocumented immigrants have other relief available to them. There have been newly instituted immigration changes for LGBT couples and families along with various other immigration policy revisions. Among these changes are alterations to waiver applications, along with modifications to how they are processed and filed. These procedure adjustments mean greater protection for people inside the states that are here lawfully or unlawfully and/or entered the US without inspection, for example. Also, there are current protections for those looking to set up a new life in the States, or for those currently outside the States who wish to enter the US, but have previously overstayed their visa.

Political winds can shift quickly and unpredictably. Building a future on a solid foundation starts with having your feet on the ground and making sure that the plans you put in place have as solid a legal framework as you can manage.

For more detailed information on this topic, contact Attorney Caro Kinsella, Immigration Attorney. Her team of legal experts specialize in gay immigration matters, and will assist you with green cards, visas and all other US Immigration matters. Click here to contact the attorney's office directly.