President Obama and U.S. Immigration Policy
Posted Jan 02, 2009
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We at the Murthy Law Firm are often asked what can be expected from the new administration, in terms of changes in U.S. immigration law and policy. It is a momentous time in the history of the United States. As keynote speaker at The Obama Effects Conference, at the University of Minnesota in Minneapolis, MN on October 24, 2008, Attorney Sheela Murthy researched this topic. She presented, analyzed, and discussed the possible future of immigration law and policy in the U.S. under an Obama administration. The inauguration of Barack Obama as the 44th President of the United States, will be held January 20, 2009, in Washington DC. In this article, we analyze Mr. Obama's background and policies, and how they may impact possible immigration legislation.
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Obama's Family and Cultural Background
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President-Elect Obama has a unique cultural background, with a father from Kenya and a mother who was a cultural anthropologist. He spent time as a child in countries like Indonesia and family members in Kenya. His unique cultural background may make him more sensitive to issues dealing with U.S. immigration law and policy. But he also has a strong protectionism attitude toward helping the American worker, reducing outsourcing - especially in a weak economy, and recognizing the importance of defending our borders and strengthening national security as part of the overall immigration policy.
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While many may believe that Mr. Obama will be the first U.S. president to be a first-generation American, in fact, he is the seventh. All of those who precede Mr. Obama had one or both parents from Ireland, Wales, Scotland, or Germany. They were: Andrew Jackson, Thomas Jefferson, James Buchanan, Chester Arthur, Woodrow Wilson, and Herbert Hoover. Mr. Obama will be, however, the first U.S. president with a parent from Africa or, in fact, any non-European country, which makes his election all the more unique and historic.
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Can Obama Pass New U.S. Immigration Laws?
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Even though the U.S. president is considered to be one of the most powerful leaders of the world, no U.S. president can legislate or pass a law (except in emergency circumstances as an interim measure). Enacting law is the task of the legislature, or the U.S. Congress. The president can make his viewpoint known and members of his party in the U.S. Senate or the U.S. House of Representatives may support his position, introducing bills that are often hotly debated. Once the the bill is passed by both the Senate and the House, the president then can sign the bill into law. [For more on this process, see The Legislative Process - How a Bill Becomes a Law (Aug 02, 2002), available on MurthyDotCom.]
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Major Highlights of President-Elect Obama's Immigration Policy
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There have been no specific pronouncements of President-Elect Obama's immigration law and policy position in any major speech. One can try to glean his thought process and his bent of mind from his voting record on immigration matters. A brief summary of the immigration policy and the track record of President-Elect Obama might be encapsulated as follows.

• He voted for Comprehensive Immigration Reform (CIR) in July 2007, which attempted to eliminate the labor certification system and provide relief to undocumented workers, who could get in line to become U.S. immigrants, by creating a new Z class of visas. This was not an amnesty or blanket forgiveness. It was a slow process, requiring payment of hefty fines and get behind others waiting for years to obtain permanent U.S. immigration benefits.

• He voted for the border fence with Mexico in September 2006, as part of the immigration policy to attempt to stem the tide of new illegal border crossings.

• He voted for the DREAM Act in January 2008, which would make the undocumented immigrant children, who complete high school in the U.S., eligible for legalization, considering it unfair to penalize children for the actions of their parents.  

• He voted for the Guest Worker Program in May 2006 which, as part of the CIR, would make a new visa class of Y visas to recognize the need for immigrants to enter the U.S. on a short-term basis to undertake work that is not being done by U.S. workers, such as farm work, crab picking, etc.

• He voted against declaring English as the official language in the United States in June 2007.

Conclusion
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Besides Mr. Obama's voting record on specific immigration policies, he has pointed out that the United States must crack down on employers who violate U.S. immigration laws by hiring undocumented workers and defying wage laws. Mr. Obama has also stated that, as part of his immigration policy, economic development in Mexico will help to reduce economically-motivated illegal immigration through our southern border. Mr. Obama likely will be preoccupied with the problems of the U.S. economy and with the war in Iraq and Afghanistan. Immigration law and policy is a hot-button issue that will not go away, however, so after dealing with these immediate crises, it may return as a key policy issue that our new President will need to address. We all wish him much success with this challenge, and the many others he will face.