Yes it’s using a shaky interpretation of an older law from the 50s to derive its authority, good chance a court challenge would be successful against the order, if the order is able to even change much on its own at all with the lack of funding as you pointed out.
Importantly one of the Republican arguments against attempts at any immigration reform has been, “Biden could just do what we want right now with existing laws, so we refuse to compromise with the democrats on anything or pass a new immigration law, Biden can just shut everything down right now with no action on congress’s part.” So if a court strikes this order down would undercut that argument at least. Would also make me happy, since I don’t support this order.
Improving access to legal immigration and improving thoroughput of asylum claims processing are what’s necessary.
Yes it’s using a shaky interpretation of an older law from the 50s to derive its authority, good chance a court challenge would be successful against the order, if the order is able to even change much on its own at all with the lack of funding as you pointed out.
Importantly one of the Republican arguments against attempts at any immigration reform has been, “Biden could just do what we want right now with existing laws, so we refuse to compromise with the democrats on anything or pass a new immigration law, Biden can just shut everything down right now with no action on congress’s part.” So if a court strikes this order down would undercut that argument at least. Would also make me happy, since I don’t support this order.
Improving access to legal immigration and improving thoroughput of asylum claims processing are what’s necessary.