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executive orders

Here’s the Latest on Trump Immigration Reform Efforts

It's not untrue to say that Donald Trump has had a 'busy' presidency -- the Twitterer-in-Chief has been as active on social media as he has been with executive orders. But many of those orders have been met with litigation and currently stand somewhere in legal limbo between lawsuits filed and Supreme Court review. One of Trump's most active areas of executive authority has been immigration. Here's the latest on Trump's immigration reform efforts, where they stand (legally speaking), and what they could mean. 1. Trump's Travel Ban Headed to Supreme Court Perhaps Trump's most infamous executive order on immigration, and certainly his most litigated one, is the attempted ban on immigrants and refugees from several majority Muslim countries. Blocked by federal circuit courts, rewritten, then blocked again, the Muslim ban is now in the hands of the Supreme Court, although many of the main legal issues may be moot by the time the Court hears oral arguments. 2. 3 Important Facts About Sanctuary Cities for Immigrants and Opponents Trump has also threatened to withhold federal funds from so-called sanctuary jurisdictions -- cities and states that decline to cooperate with federal immigration enforcement. It's a legally touchy subject, since immigration is largely a federal matter and there are constitutional protections against federal departments controlling state and local law enforcement, and many of those jurisdictions have sued in response. 3. How Would a 'Merit-Based' System Change Immigration? While battling illegal immigration, Trump also wants to shift the focus of legal immigration from birthplace and family considerations to employment and education qualifications. The president-supported RAISE Act would also slash the number of refugees and visa applicants allowed into the country every year. 4. Mixed Immigration Messages? Trump Administration's Latest on DAPA, Dreamers Trump rescinded Barack Obama's Deferred Action for Parents of Americans and Lawful Permanent Residents, or DAPA, last June. But the new president has yet to decide on the old president's Deferred Action for Childhood Arrivals, DACA, leaving many apprehensive about their immigration status. 5. Can Undocumented Immigrants Attend Public School? In the meantime, immigrants must go on with their daily lives even though their legal status is uncertain. The Supreme Court has said that public schools can't bar undocumented immigrant children from K-12 education, or charge them extra to attend. If you're unsure about your immigration status or need legal help, contact an experienced immigration attorney in your area. Related Resources: Find Immigration Lawyers Near You (FindLaw's Lawyer Directory) Top 7 Immigration Laws for Families (FindLaw's Law and Daily Life) Trump's Executive Order on Immigration: What Does It Mean When a Judge Issues a 'Stay'? (FindLaw's Law and Daily Life) What Power Does the President Have Over Deportation Policy? (FindLaw's Law and Daily Life)
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Can the President Bypass Congress on Gun Control?

Gun control advocates have long sought to close the so-called gun show loophole that allows people to buy firearms without submitting to the same background check requirements imposed on licensed dealers. But congressional attempts at passing such legislation have thus far been fruitless. So President Barack Obama may decide to take matters into his own hands. The Los Angeles Times is reporting that the Obama administration is considering the use of an executive order to expand background checks on gun sales. How do these orders work? And can the president really pass gun control laws without congressional approval? Going Solo It's no secret that Obama wants stricter gun controls. The president pushed for expanded background checks after the Sandy Hook Elementary School shooting three years ago, but that legislation died in the Senate. He tried again after the Umpqua Community College shooting in October, but measures for more background checks and bans on sales to people on the government's anti-terrorist "no fly" list both failed. Now the White House is looking to circumvent the legislature altogether. According to reports, officials have been working on an executive order that would use existing laws to require all (or nearly all) gun purchases to be cleared by the same background check system.While the order has not been finalized, Obama is said to be looking at expanding license requirements by defining what it means to be "in the business" of dealing guns -- those deemed in the business are required to perform background checks while those that aren't don't. If occasional sellers like those at gun shows are required to obtain a license to sell firearms it would also expand background check requirements. Chief Executive Order Leaving to one side the question of whether tougher gun control laws will lead to fewer shooting deaths (even though evidence suggests that they do), the issue becomes whether this exercise of presidential power is even legal. An executive order is a policy statement that interprets and directs the implementation of existing federal statutes, congressional provisions, or treaties. Executive orders aren't so much new laws as they are changing or clarifying the policy on existing laws, and generally aren't used without some congressional approval. And executive orders are still subject to judicial review for constitutionality. Hence Obama's delay in formally announcing or implementing an executive order on gun control. Despite his desire to make it more difficult for violent people to purchase firearms, drafting an order that will accomplish that and appease enough congresspeople to be successfully implemented may prove as politically intractable as the legislature. Related Resources: Obama Looks to Expand Background Checks for Gun Sales (Time) Obama's Gun Proposals Target Mental Health Too (FindLaw's Law and Daily Life) Will Obama's Executive Order on Student Loans Pay Off for You? (FindLaw's Law and Daily Life) Obama's Executive Order on Immigration: 5 Things You Should Know (FindLaw's Law and Daily Life)
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