Obama Must Mourn the Failure of His Immigration Reform

The Supreme Court is blocking one of the main projects that the president hoped would be his political legacy.

On Thursday, June 23, in the final stretch of his second term, President Barack Obama’s program of reforms suffered a serious setback. The Supreme Court of the United States has effectively blocked his immigration plan, which sought to legalize more than 5 million illegal immigrants.

The justices’ vote ended in a stalemate (four votes for, four against), thus upholding two decisions, one made by the Texas federal court in Brownsville in 2015, and the other, on appeal, by the Louisiana federal court in New Orleans.

The Supreme Court was unable to reach a decision because its ninth seat has not been filled since the death of conservative Judge Antonin Scalia in February, who would, in any case, have certainly voted in favor of blocking immigration.

‘Frustrating Decision’

Because Obama has faced systematic opposition from the Republicans in Congress when trying to change the laws on immigration, he decided in November 2014 to use his executive powers to pass a reform measure that aimed to legalize millions of illegal immigrants. This reform would have allowed illegal immigrants who had lived on U.S. soil for more than five years, who do not have a criminal record and whose children have official documents, to avoid deportation and obtain a work permit. However, no fewer than 26 states, with Texas in the lead, accused the president of abusing his power, saying that only Congress could take this type of initiative.

On Thursday Texas Attorney General Ken Paxton welcomed the decision of the Supreme Court, saying that it is “a victory for those who believe in the separation of powers and the rule of law.”

Republican House Speaker Paul Ryan noted with satisfaction that the president’s executive action is “null and void,” reminding us that “the Constitution is clear: The president is not permitted to write laws, only Congress is.”

Meanwhile, Obama delivered a brief statement expressing his disappointment. “Today’s decision is frustrating for those looking to grow our economy and to bring a rationality to our immigration system,” adding that it was “heartbreaking for the millions of immigrants who have made their lives here.”

Set a Date for the Future

Although the president wanted to set a date for resolving this issue in the future, he acknowledged that the question would now be put on the back burner until the election of his successor on Nov. 8. “And now we’ve got a choice about who we are going to be as a country and what we want to teach our kids,” Obama said.

This decision could have a major impact on the presidential election campaign, in which the issue of immigration plays a prominent role. America seems to be more divided than ever on the subject. Republican candidate Donald Trump is calling for the construction of a wall on the Mexican border and the expulsion of 11.5 million illegal immigrants, while the views of Democrat Hillary Clinton are in line with those of the current president. Clinton has described the decision of the Supreme Court as “unacceptable,” claiming that families need “relief from the specter of deportation.” Clinton has promised that if she is elected, she will put forward a plan for immigration that includes access to citizenship during her first 100 days in office.

Trump, who is currently visiting Scotland, said that Obama’s decision was “one of the most unconstitutional ever undertaken by a president,” adding that “this split decision of the Supreme Court makes clear what is at stake in November. The election, and the Supreme Court appointments that come with it, will decide whether or not we have a border and, hence, a country… It is time to protect our country and make America safe again…” Trump said.

On the other hand, organizations campaigning for legalization have confirmed that they will not give up the fight. Rocio Saenz, one of the leaders of the Service Employees International Union, believes that the decision of the Supreme Court will only encourage Hispanic voters to mobilize. “We will vote, we will march, and we’ll hold those accountable at the ballot box who have stood in the way of families with their anti-immigrant policies and rhetoric, ” Saenz said.