The modern dispute traces back to the 1994 passage of the North American Free Trade Agreement (NAFTA) between the United States, Canada and Mexico; American businesses displaced Mexican farmers who moved north to America to look for work. NAFTA included language guaranteeing temporary entry for foreign employees, and many who came over for work stayed to enjoy the benefits of the booming American economy.
American cities — especially in the southwest — which had planned for modest population growth, were suddenly deluged with thousands of new workers. These workers were spending less and sending money back to Mexico and other Central American countries to support their families.
Obama’s announced action addresses the plight of these two groups. Young people brought to America by their parents, who have gone through American schools, will receive temporary protection from deportation, as well as a work permit.
The second group — which could include up to four million people, consists of people who have lived in America for at least five years and have children who were born in America or have somehow obtained green cards. They are to receive temporary work permits through a program known as “deferred action.”
While Obama’s plan will impact the status of approximately five million people by providing permits or delaying action, questions of citizenship can only be resolved by Congress. In 2013, the Senate passed a comprehensive immigration bill providing a path to citizenship, which failed to receive a vote in the House of Representatives, as it was strongly opposed by the Republican leadership.
Opposition to Obama’s plans was the key driver behind the campaigns of many incoming Republican Congressional members. The base of the Republican Party includes many people who lost their jobs after NAFTA came into force and factories were relocated to Mexico to take advantage of cheaper labor. Extremist members of this movement had formed violent militias to patrol the US-Mexico border.
Indeed, without Congressional action, President Obama’s policy will create a non-voting permanent underclass. A lawsuit or government shut down would certainly stop the President for a limited time, but the larger crises remain.
As Pacific Rim and European nations consider expanding economic ties with America, they should look closely at the problems caused by twenty years of free trade with Canada and Mexico. American attempts to address those problems could lead to a constitutional confrontation.
The views expressed in this article are solely those of the author and do not necessarily reflect the official position of Sputnik.