A decade ago, President Obama signed an executive order instituting The Deferred Action for Childhood Arrivals (“DACA”) program, which protects undocumented immigrants who arrived in the United States as minors. This program acknowledges that the beneficiaries have been raised in the United States and “pledge allegiance to our flag. They are Americans in their heart, in their minds, in every single way but one - on paper.” The program was a temporary solution which does not provide a pathway to permanent residency or citizenship in the United States. Instead, it was intended as a “stopgap measure to protect some of the nation’s most vulnerable immigrants”, known as Dreamers, from deportation. The program also enabled beneficiaries to obtain work authorization and reside legally in the US in two-year intervals. DACA was created as a temporary measure until Congress passed new immigration legislation addressing the immigration status of certain undocumented minors.

Congress began a five-week recess without passing any legislation to address immigration reform or the current border surge. President Obama says he now intends "to act alone." The Guardian explores the options available to the President, from extending Deferred Action to the parents of DACA recipients or parents of children born in the United States, to Parole in Place, to new procedures and standards for deportation.

It will be interesting to see how far the President goes. Many, including the President himself, believe he extended his administrative powers to their limits last year in providing Deferred Action for the DREAMERS. Bloomberg highlights this aspect of the problem stating:

“Among the actions being considered is granting some of the 12 million immigrants in the U.S. illegally work permits that would allow them to stay in the country, according to a Democratic Senate aide and immigration advocates.

That’s sure to reignite Republican accusations that Obama exceeding his constitutional authority, one of their main campaign themes for November’s midterm elections. The Republican-controlled House last month voted to sue Obama over implementation of his signature health-care law.”

Some Republicans are even going as far as stating that they would call for impeachment if the President stretched his powers too far. Stay tuned. We will be sure to post updates as soon as we have them.