As “Dreamers” eagerly await the details about deferred action, to be released today, one staunch anti-immigration activist Rep. Steve King (R.-IA) says that he plans to sue Obama “to command the president to enforce the law.”
King revealed his plan in a tele-townhall last week when a constituent asked him about stopping illegal immigration.
“I want to stop the bleeding at the border. I want to shut off the job magnet. I want to force the president to enforce the law and this litigation I’m bringing forward that will be filed sometime soon will be asking for a writ of mandamus to command the president to enforce the law. That’s a constitutional provision we can implement.” King said.
Despite King’s criticism, the Department of Homeland Security and the President are within their constitutional rights to use prosecutorial discretion when considering the deportation of young immigrants. Prosecutorial discretion has been used by many presidents prior to President Obama.
Under deferred action, illegal immigrants under the age of 30, who were brought into the U.S. by their parents and meet other criteria under the DREAM Act, will be given two years to apply for a work visa without fear of deportation. Civil rights advocates and immigration attorneys largely lauded the policy as a fair and humane way to treat these young people, who are not to blame for their undocumented status.
Conservatives have been highly critical of this move, asserting it gives amnesty to these young people. They also believe that these young people are taking jobs away from American citizens.
Both parties have long called for immigration reform, but the DREAM Act has failed in the Republican controlled House on more than one occasion, leaving reform at a standstill.