Should Federal Agencies Be Prohibited From Funding Obama’s Executive Action On Immigration? (S. 534)

What is S. 534?

(Updated December 5, 2017)

This bill would prohibit any federal funds or resources from being used to help implement executive orders related to immigration. It would negate specified executive actions taken by President Obama, in addition to preventing future executive actions on this issue from having legal effect.

No funds made available to the Secretary of Homeland Security (DHS), any other federal agency, or the funds in the Immigration Examinations Fee Account could be used offer federal benefits to undocumented immigrants — in current or future executive actions on this topic.

DHS funding could not be used to implement any policy (including executive actions and regulations) that do not subject undocumented immigrants convicted of domestic violence, sexual abuse, child molestation or exploitation to the highest level of DHS’ civil immigration enforcement priorities.

Argument in favor

President Obama’s executive actions on immigration were beyond the scope of his authority. States and federal judges have already temporarily blocked their implementation on those grounds. Federal agencies shouldn't spend taxpayer dollars on programs that courts believe were implemented improperly.

Argument opposed

The President was well within his authority when he announced his executive actions on immigration. The undocumented immigrants in question are people who have contributed to the U.S. in immeasurably positive ways — they deserve to live, work, and prosper here without fear of deportation and with a path to citizenship.

Impact

Undocumented immigrants in the U.S., their families, the Department of Homeland Security and other federal departments that handle immigration, and the DHS Secretary.

Cost of S. 534

The CBO estimates that revenues would decrease by $18.9 billion over 2016-2025 due to fewer Social Security tax receipts, while spending would decrease by $12.6 billion over that period due to reduced spending on tax credits. This would increase the on-budget deficit by a total of $6.3 billion over the 2016-2025 period, and the off-budget deficit would decrease by $7.6 billion.

Additional Info

Of Note: There have now been rulings at three levels of the judicial system that President Obama’s executive actions on immigration overstepped his authority.

The first ruling came two days before DHS was going to begin accepting applications from undocumented immigrants through the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and expanded Deferred Action for Childhood Arrivals (DACA) programs. The Texas judge issued a temporary injunction, bringing implementation to halt.

The second ruling came shortly thereafter from D.C., and applied to an executive order allowing DHS to detain undocumented immigrants in order to deter future illegal immigration.

Both of these rulings were challenged by the Obama administration, although the federal judge who blocked the implementation of the DAPA and expanded DACA programs has refused to remove his own injunction.

On appeal, the Fifth Circuit Court of Appeals also ruled against President Obama's expansion of DAPA and DACA, leaving the administration with no recourse but to either appeal to the Supreme Court or attempt to circumvent the injunction.

Media:

• Sponsoring Senator Susan Collins (R-ME) Speech on the Senate Floor (C-SPAN Video)
• Senate Republican Policy Committee Summary (In Favor)
• CBO Cost Estimate
• Law 360
• The Hill
• Maine Public Broadcasting

Summary by Eric Revell
(Photo Credit: Jim Gaines/Reuters/Flickr user coolloud)