The Administration strongly supports House passage of H.R.1885
as expected to be considered on the House floor. H.R. 1885 would
extend the window created under section 245(i) of the Immigration
and Nationality Act during which qualified immigrants may obtain
legal residence in the United States without being forced to
first leave the country and their families for as long as several
years. This legislation reflects the Administration's philosophy
that government policies should recognize the importance of
families and help to strengthen them.
Improving border security is one of the Administration's top
priorities in securing the Nation's homeland and the Administration
understands that the bill as it will be considered on the
House floor will address this issue. This amendment would
require personal identification documents to be more tamper-resistant
and secure, enhance the alien applicant screening process
to help eliminate entry of unwanted individuals, and require
monitoring of foreign students and exchange visitors to ensure
they maintain their status. The Administration believes these
provisions will contribute to the Nation's security as foreign
guests are welcomed into the Nation. Although some of the
implementing time requirements in the bill are very short,
the Administration believes they are appropriately considering
the important security improvements involved.
The Administration notes that the Executive Branch must construe
Section 2(5) of the legislation, which purports to require
the President to act through the Assistant to the President
for Homeland Security in carrying out the President's duties
under the legislation, in a manner consistent with the President's
constitutional authority to supervise the unitary executive
branch and take care that the laws be faithfully executed,
which cannot be made subject to legislation that requires
him to carry out his duties through a particular subordinate
on the White House staff. Moreover the Assistant to the President
for Homeland Security is an immediate advisor to the President,
with coordination and consultation functions, but who does
not and should not have operational responsibilities.
