There is little disagreement that our current system of immigration is outdated and cumbersome. For example, we have arbitrary caps and categories, lengthy backlogs on visa and citizenship applications, and a process that remains difficult to navigate without legal assistance.
These structural and administrative failures create an incentive for illegal immigration. It is telling that so many immigrants find that paying exorbitant amounts of money to dangerous human smugglers is preferable to America's legal system of immigration.
Unfortunately, the number of immigrants, especially children, opting for the perilous illegal journey is becoming an increasing problem, thanks to President Obama's refusal to enforce immigration laws with respect to "young people who were brought to the United States as young children."
After legislators declined to enact the Development, Relief, and Education for Alien Minors Act (DREAM Act) in the 112th Congress, President Obama initiated the Deferred Action for Childhood Arrivals (DACA) program on June 15, 2012. He did not bother to issue an Executive Order or White House memorandum regarding the decision. He simply directed Secretary of Homeland Security Janet Napolitano to draft guidance on applying "prosecutorial discretion" with respect to a certain class of younger immigrants without legal status.
With this action, the Obama Administration structurally changed immigration law by awkwardly attempting to shoehorn an agency-wide enforcement change under the purview of individual discretion outlined by Napolitano's directive.
Now, President Obama appears shocked by the influx of unauthorized immigrant children into the United States. In a June 30th letter to congressional leaders, President Obama requests help in stemming the tide of children, especially unaccompanied children, illegally entering the United States. He also highlighted the need to clarify to potential migrants that "recently arriving individuals and children will be placed into removal proceedings, and are not eligible for [DACA]...." Even the President tacitly concedes the impact DACA has had in incentivizing unauthorized immigration, particularly with respect to children.
Political actions have consequences, and these are the results that the President's penchant for unilateral executive action produces. His insistence on changing the law outside the legislative process, no matter how well-intentioned, has made the problem exponentially worse.
President Obama's DACA program falsely fueled hope for thousands of would-be immigrants seeking opportunity for their children. Now those parents who traveled with their children and thousands of unaccompanied children are detained and being carted around the United States as our government attempts to sort out their return. The President accurately recognizes the "immediate humanitarian crisis," but he fails to acknowledge his role in creating it.
This is precisely why governance by the rule of law, as challenging as it may be at times, is crucially important to American society. The whole point of the legislative process is to design laws that may be enforced without bias or prejudice, regardless of circumstance. If law is ignored simply because a powerful politician decides he or she does not like it, then our laws have little meaning.
By circumventing immigration law, the President has encouraged even more unlawful immigration. In response, America has the choice to either create yet another incentive for unlawful activity by caring for immigrant children and attending to their health needs or appearing inhumane and uncaring by not doing so.
We have a serious immigration problem, and we need practical solutions. Americans should reject the false choice that Congress must either pass a comprehensive immigration reform or do nothing at all. Smaller legislative efforts such as a border security bill, a visa reform bill, a guest worker bill, and even an immigration enforcement bill potentially have a better chance at success as our nation continues to debate more controversial topics such as a path to citizenship for unauthorized immigrants or policies like the DREAM Act.
America is and should remain a beacon of hope for those around the world. After all, the inscription on the Statue of Liberty begs for the tired, the poor, and the huddled masses yearning for freedom. But we must develop an effective, modern legal process to bring immigrants into our country.
(Cameron Smith writes a regular column for Alabama Media Group. He is vice president and general counsel for the Alabama Policy Institute, an independent, non-profit research and education organization dedicated to the preservation of free markets, limited government and strong families. He may be reached at firstname.lastname@example.org or on Twitter @DCameronSmith.)