Essay Sample about Immigration Executive Orders

President Barack Obama explained, “I've got a pen and I've got a phone - and I can use that pen to sign executive orders and take executive actions and administrative actions that move the ball forward” (qtd. Top 16 quotes). Immigration executive orders have the force of law and if deemed constitutional, they supersede state and local law, and must be enforced on a federal level. Hence federal, state, and local lawmakers create laws that follow the guidelines set forth by executive orders or find loopholes and judicial review ensures that these orders are constitutional, reinforcing the United States’ federalist system; but the laws and view of immigration and immigration executive orders will greatly vary depending on the political culture of the area. 

Immigration executive orders are made by the president and have the force of federal law, moreover all levels of government must uphold them or find ways to fight them. Federal lawmakers, such as senators and representatives can pass bills that go against the executive order, but because the bills have to be signed by the president they will be vetoed. The veto can be overridden by a supermajority, but a big part of congress often sides with the president making this option not viable, leading to congress having to adhere to the order. An example of this happened when the house of representatives passed the NO BAN Act, introduced by Representative Judy Chu with the purpose of “[limiting] the President's authority to suspend or restrict aliens from entering the United States and terminates certain presidential actions implementing such restrictions” in order to try and reverse the Muslim ban instated by President Trump through an executive order (qtd. No ban act). In addition, state and local lawmakers must also pass laws that are adjacent with the executive order. Nonetheless, states and municipalities may choose to not enforce these orders. When President Trump signed the Enhancing Public Safety in the Interior of the United Sates executive order, as stated by the Center for Migration Studies, some cities such as Chicago chose not to cooperate with this order in exchange of the withhold of federal money (Center for Immigration Studies). 

While all levels of government must cooperate with executive orders, the federalist system in the United States remains unaffected due to Judicial review and the 10th amendment. The United States has a federalist system that consists of the federal government, state government, local government, and its people. Executive orders may violate the separation of powers, but because they are subject to the power of the constitution these orders reinforce the country’s federalist system. These orders cannot violate the 10th amendment of the United States Constitution. The amendment grants the powers not given to the federal government by the constitution, to the states and to the people. This means that any executive order that is too intrusive and goes against the constitution will be overridden by courts. Ultimately demonstrating that executive orders are part of our system of federalism. 

Despite immigration executive orders being essential to federalism in the United States and everyone having to follow them, the view of citizens towards these orders and immigration in general, varies based on the location they are. States and local areas with a numerous immigrant population recognize that these people are essential. For example, counties in Texas with the biggest immigrant populations tend to vote in favor of immigration. In Houston, according to pew research, around 500,000 of the 2.3 million citizens are undocumented immigrants (Passel and Cohn). Because Houston has a political culture that relies heavily on immigration, 84% of its population supports granting undocumented immigrants a path to citizenship, compared to the 65% nationally (Understanding Houston; Jones). This pattern can be seen all throughout the country, that places with a big immigrant population will support their rights. Even white voters who tend to vote more conservatively, tend to be favor immigration in high immigration areas (Pew research). Political culture that relies on immigration has a huge impact of the views people have about immigrants. 

The federal, state, and local level of government must abide by the rules put by immigration executive orders as these orders, as long as they are regulated, are essential for the federalist system in the United States, but the opinion on these immigration policies may vary depending on the geopolitical culture. Executive orders are similar to a law and must therefore be enforced or there are penalties for not doing so, but thanks to judicial review they are regulated by the constitution.

Works Cited

Center for Immigration Studies. “President Trump's Executive Orders on Immigration and Refugees.” The Center for Migration Studies of New York (CMS), 17 Feb. 2021, cmsny.org/trumps-executive-orders-immigration-refugees/. 

Jones, Jeffrey M. “In U.S., 65% Favor Path to Citizenship for Illegal Immigrants.” Gallup.com, Gallup, 9 Sept. 2021, news.gallup.com/poll/184577/favor-path-citizenship-illegal-immigrants.aspx. 

No Ban Act . www.congress.gov/bill/116th-congress/house-bill/2214?q=%7B%22search%22%3A%5B%22National+Origin-Based+Antidiscrimination+for+Nonimmigrants%22%5D%7D&r=1&s=1. 

Obama, Barack. “Top 16 Quotes about Executive Orders: Famous Quotes & Sayings about Executive Orders.” Famous Quotes & Sayings, quotestats.com/topic/quotes-about-executive-orders/. 

Passel, Jeffrey S., and D’Vera Cohn. “Most U.S. Unauthorized Immigrants Live in Just 20 Metro Areas.” Pew Research Center, Pew Research Center, 30 May 2020, www.pewresearch.org/fact-tank/2019/03/11/us-metro-areas-unauthorized-immigrants/. 

Pew Research. “Religion in America: U.S. Religious Data, Demographics and Statistics.” Pew Research Center's Religion & Public Life Project, 9 Sept. 2020, www.pewforum.org/religious-landscape-study/compare/party-affiliation/by/racial-and-ethnic-composition/among/state/california/. 

Understanding Houston. Understanding Houston, www.understandinghouston.org/topic/community-context/immigration/#attitudes_toward_immigration.