Bush Says He Would Not Immediately Nix Obama’s Executive Orders on Immigration

Houston, TX (Law Firm Newswire) July 31, 2015 – Former governor would await congressional legislation before acting on predecessor’s policy.

Former Florida Gov. Jeb Bush, a leading candidate for the 2016 Republican nomination for president, has been a vocal critic of President Obama’s executive orders on immigration. But on May 11, Bush indicated that if he were elected president, he would not immediately repeal Obama’s actions.

Bush made his comments in a televised interview in which he defended his previous support for allowing undocumented immigrants to obtain driver’s licenses and their children to pay in-state tuition rates for a college education. But it was Bush’s tacit acknowledgement that Obama’s November 2014 executive orders may remain in place, at least for the time being, in any Bush White House that made for a new and potentially significant policy shift for the Floridian.

Bush suggested that he would wait for Congress to enact immigration reform legislation before acting to lift Obama’s executive orders, which would permit up to 5 million undocumented immigrants to remain in the United States. In essence, a would-be Bush presidency’s input on his predecessor’s immigration orders would operate from a passive, rather than active, position.

“While Bush’s new position appears to suggest that he is deferring to congressional action on immigration reform, the practical consequences could be far-reaching,” said Annie Banerjee, a prominent Houston attorney who specializes in immigration law. “Taking into consideration Congress’ record of inaction on immigration reform in recent years, the Bush position translated into White House policy may very well essentially result in Obama’s executive orders remaining in place.”

Obama’s executive overhaul of immigration policy has been tied up in the courts since a federal district judge in February ordered an indefinite halt to the president’s plans. That judge, Andrew S. Hanen, of Brownsville, Texas, ruled that Obama abused his power and violated administrative procedures. However, the Justice Department then appealed Hanen’s ruling, and the case against the president’s executive actions now rests with the Court of Appeals for the Fifth Circuit in New Orleans.

Conservative Republicans who backed the court challenge to Obama’s executive orders on immigration have been among the most notable opponents of Bush’s relatively immigrant-receptive positions. But the political blowback on immigration has yet to cost Bush his high position among potential GOP presidential candidates.

“With the presidential contest still in its early stages, it may be a bit premature to suggest that backers of Obama’s executive orders on immigration can take heart from Bush’s position on the matter,” Banerjee said. “However, it is worth noting that the top two contenders for the Republican nomination as well as former Secretary of State Hillary Clinton, the favorite for the Democratic nomination, have all been relatively supportive of the immigrant community in the United States.”

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