What actions is Obama taking specifically?
The key to Obama’s new immigration policy is the creation of one new amnesty program and the expansion of another.
Specifically, Obama’s new amnesty program will give illegal immigrants who have been in the United States for at least five years, and who are parents of U.S. citizens or legal residents, a three year work permit. This permit will also allow them to obtain a Social Security number and get a driver’s license. Pew estimates that 3.5 million current illegal immigrants will qualify for this program.
Will courts let Obama get away with this?
They already have. In 2012, after Obama announced his DACA program, Immigration and Customs Enforcement agents sued the Department of Homeland Security challenging the legality of Obama’s first executive amnesty program.
But while the court found that the border agents “were likely to succeed on the merits of their claim that the Department of Homeland Security has implemented a program contrary to congressional mandate,” the court also ultimately determined that the plaintiffs did not have standing to sue DHS since the Civil Service Reform Act of 1978 already established an administrative process for resolving disputes between federal employees and their employer.