First, in the affirmative action case, I’m pleased that the Supreme Court upheld the basic notion that diversity is an important value in our society and that this country should provide a high-quality education to all our young people, regardless of their background. We are not a country that guarantees equal outcomes, but we do strive to provide an equal shot to everybody. And that’s what was upheld today.
Second, one of the reasons why America is such a diverse and inclusive nation is because we’re a nation of immigrants. Our Founders conceived of this country as a refuge for the world. And for more than two centuries, welcoming wave after wave of immigrants has kept us youthful and dynamic and entrepreneurial. It has shaped our character, and it has made us stronger.
But for more than two decades now, our immigration system, everybody acknowledges, has been broken. And the fact that the Supreme Court wasn’t able to issue a decision today doesn’t just set the system back even further, it takes us further from the country that we aspire to be.
Just to lay out some basic facts that sometimes get lost in what can be an emotional debate. Since I took office, we’ve deployed more border agents and technology to our southern border than ever before. That has helped cut illegal border crossings to their lowest levels since the 1970s. It should have paved the way for comprehensive immigration reform. And, in fact, as many of you know, it almost did. Nearly 70 Democrats and Republicans in the Senate came together to pass a smart, common-sense bill that would have doubled the border patrol and offered undocumented immigrants a pathway to earn citizenship if they paid a fine, paid their taxes, and played by the rules.
Unfortunately, Republicans in the House of Representatives refused to allow a simple yes or no vote on that bill. So I was left with little choice but to take steps within my existing authority to make our immigration system smarter, fairer, and more just.
Four years ago, we announced that those who are our lowest priorities for enforcement — diligent, patriotic young DREAMers who grew up pledging allegiance to our flag — should be able to apply to work here and study here and pay their taxes here. More than 730,000 lives have been changed as a result. These are students, they’re teachers, they’re doctors, they’re lawyers. They’re Americans in every way but on paper. And fortunately, today’s decision does not affect this policy. It does not affect the existing DREAMers.
Two years ago, we announced a similar, expanded approach for others who are also low priorities for enforcement. We said that if you’ve been in America for more than five years, with children who are American citizens or legal residents, then you, too, can come forward, get right with the law, and work in this country temporarily, without fear of deportation.
Both were the kinds of actions taken by Republican and Democratic Presidents over the past half-century. Neither granted anybody a free pass. All they did was focus our enforcement resources — which are necessarily limited — on the highest priorities: convicted criminals, recent border crossers, and threats to our national security.
Now, as disappointing as it was to be challenged for taking the kind of actions that other administrations have taken, the country was looking to the Supreme Court to resolve the important legal questions raised in this case. Today, the Supreme Court was unable to reach a decision. This is part of the consequence of the Republican failure so far to give a fair hearing to Mr. Merrick Garland, my nominee to the Supreme Court. It means that the expanded set of common-sense deferred action policies — the ones that I announced two years ago — can’t go forward at this stage, until there is a ninth justice on the Court to break the tie.
I know a lot of people are going to be disappointed today, but it is important to understand what today means. The deferred action policy that has been in place for the last four years is not affected by this ruling. Enforcement priorities developed by my administration are not affected by this ruling. This means that the people who might have benefitted from the expanded deferred action policies — long-term residents raising children who are Americans or legal residents — they will remain low priorities for enforcement. As long as you have not committed a crime, our limited immigration enforcement resources are not focused on you.
But today’s decision is frustrating to those who seek to grow our economy and bring a rationality to our immigration system, and to allow people to come out of the shadows and lift this perpetual cloud on them. I think it is heartbreaking for the millions of immigrants who’ve made their lives here, who’ve raised families here, who hoped for the opportunity to work, pay taxes, serve in our military, and more fully contribute to this country we all love in an open way.
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