President Obama`s Record of Dismantling Immigration Enforcement

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President Barack Obama came to office in 2009 and pledged that during his first year of office he would enactamnesty legislation for illegal aliens living in the United States. That, of course, did not happen — not becauseof any lack of ideological commitment on the part of the President, but because of pragmatic considerations.Only two years earlier, President Obama, then Senator Obama, watched as President George W. Bush tried totoss the American people into the boiling cauldron of comprehensive amnesty in 2007. It didn’t work. Votersangrily crashed the Capitol switchboard on the day the Senate was set to vote and as a result, fourteen Democratsjoined thirty-nine Republicans to vote down the amnesty legislation.1The President concluded, correctly, thatthere just is not an appetite in Congress for another politically bruising fight over comprehensive amnesty.Understanding that Members of Congress ultimately would not ignore the unequivocal objections of theirconstituents to amnesty, the Obama Administration opted to adopt a strategy of dismantling immigrationenforcement in order to achieve the same ends.

The Administration hoped that while the American people werefocused on unemployment, crashing real estate values, banking scandals, health care reform, foreign policy crises,and countless other issues, they would not notice just what was actually taking place.This report details how the Obama Administration has carried out a policy of de facto amnesty for millions ofillegal aliens through executive policy decisions. Since 2009, the Obama Administration has systematically guttedeffective immigration enforcement policies, moved aggressively against state and local governments that attemptto enforce immigration laws, and stretched the concept of “prosecutorial discretion” to a point where it hasrendered many immigration laws meaningless. Remarkably, the Administration has succeeded in doing all thiswith barely a peep of protest from Congress.Thus, despite the fact that the U.S. Constitution grants Congress plenary authority over immigration policy,the Executive Branch is now making immigration policy unconstrained by constitutional checks and balances.This report chronologically highlights the process that has unfolded over the past three and half years. A reviewof the Obama Administration’s record shows:

The Administration’s conscious effort to end policies that effectively enforce and deter illegal immigration.This includes the cessation of meaningful worksite enforcement against employers who hire illegal aliensand the removal of the illegal workers. It also includes ending effective partnership programs with state andlocal governments, such as the 287(g) program, that provide a structure through which state and localagencies may enforce immigration laws.•

The Administration’s intimidation of state and local governments determined to enforce federal immigrationlaws. President Obama has turned the Department of Justice into the Administration’s attack dog, filinglawsuits against states that pass their own immi?gration enforcement laws. 

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