The Immigration Rulemaking Process

The American Constitution is a written text that was ratified in 1787-88 with subsequent amendments being passed since based on the procedures outlined in Article V.  The primary goal of the Constitution, perceived as the law of the land, is to ensure that that there is a limit to the government and in protecting the rights of the sovereign majority. It is undisputed that it is the final say of any associated controversies that may arise with judicial decisions meant to bind the governing institutions. It is important to highlight that the immigration rulemaking process has been gradual undertaking that spans 60 to 65 years and through the Congress and the Presidents, who have outlined a clear structuring of the economy and the efficiency process of legislation. The memorandum is thus intended to create an awareness for the President to become conversant with the purpose and the influence of the rulemaking process. The crucial consideration for the president is the apprehension of the constitutional powers related to the working of the congress, the outside groups and the public opinion in the passing of the immigration policy as all the three units have their central role in policy-making.

In the background review of the policy-making process, each of the dimensions has an aspect of incentives relative to the powers bestowed by the Constitution. The Executive, composed of the President and about 5,000,00 workers, is responsible for enforcing the laws that are made by the legislative branch (Cox and Rodríguez 104). The president is elected by the US citizens who have attained the age of eighteen and above. The voting process is undertaken and the votes counted in an Electoral College system. It is thus important that the president is aware of the need to ensure there is strict adherence to the rule of law that serves the public interest of the voters. The most important feature, therefore, is that the policy-making decision with the arm of government is perceived in the context of the President.

One of the key influences for the President in the immigration rulemaking process are the statutory requirements that are crucial in defining whether the rules are applied to a specific agency or whether they are applicable to the wider agencies based on their crosscutting nature. Usually, the agency-specific statutes tend to influence the manner in which the specific procedures are imposed on the making of rules. Usually, this would result in two types of requirements, which are classed based on the authorizing nature of the statuses. To understanding how these factors come into play, it is worth considering the role of The Fourteenth Amendment that provides the for the blacks to be naturalized. However, it does not specify which factors and especially which groups should be admitted in a particular manner to ensure they adherent to the orderly requirement.

            The President also needs to consider the influence of the outside groups in the rulemaking by factoring the role of the Federal Register Act that was an outcome of the New Deal. As a way of ensuring that the public sector is conversant with the legislation that is directly affecting them, it became necessary to structure the act that detailed the regulation involved in the complex social and economic issues that apply to the citizens (Trump 1). Thus, through the Federal Register Act, it was possible to understand such mechanism because it is through the Act that it was possible to describe the procedures that are used in the handling of immigration regulations. In fact, it is a factor involved in the operation of the Office of the Federal Registers that further describes the procedures for the inspection of documents in the public disposition. The Federal Registry Act thus serves to create an avenue for the publishing of a broad range of papers which the executive the president and the Congress may consider worth when for conducting official explanations and federal orders.

            The President also needs to consider the public opinion and other statutory provisions have since been described that would be pertinent in the understanding of the rulemaking process. For example, the Federal Advisory Committee Act may be permitted in a scenario where the statutes need the use of an advisory committee. Since its enactment, the Federal Advisory Committee Act has ensured that there are working requirements for ensuring that the agencies that require the advisory committee to operate receive relevant expertise. The other important Act that falls under the public opinion is the 1979 Trade Agreements Act that limits the agencies from setting standards that are an obstacle to the foreign commerce (“Policy Implementation”). The Negotiated Rulemaking Act of 1990 meanwhile serves to overcome the adversarial relationship that observers have cited exists between the agencies and the affected interest groups. The association with these institutions is that the immigration policy is multifaceted and requires the input of various units of the government and the social economy because immigrants engage in diverse activities.

            It is also important that as the president, you need to be aware of the current rulemaking and the regulatory agencies that are not covered by the requirements. Usually, the mention of the executive rulemaking branch is used to refer to the Executive order 12866 that defines the principles that the president’s review process is implemented. In the formal review of the Executives Order 12866, the appraisal allowed for the analysis of the draft rule based on the principles of the executive order. Following this process, it is then possible to make significant discussions with the officials at the rule-making agency and thus better understand the applicability of the identified regulations (Congressional Research Service (CRS) 3). Discussions can as well be held by the Office of Regulatory Affairs (OIRA), and through relevant consecration with the agency of which the interagency coordination described, it is possible to draft the rule in light with the Executive Order. Since its inception, it is critical to emphasize that as a body that is involved in influencing the rule-making process, the OIRA formal review status has not changed much since it was issued in 1993. Today, the present OIRA administrator is tasked with the role of increasing the immigration policy analysis and the overall peer review of the agency rule and in ensuring that there are transparent reviews while affirming that there is an adequate policy implementation policy. Other notable responsibilities include ensuring that there is a stricter adherence to the 90-day limit set for the review process which overall serves to increase the efficacy of the process. In fact, to further improve the transparency process, OIRA has since established that it seeks to accommodate requests from the public on meeting with the relevant parties that are exempted from the federal government. However, while the body ensures that contacts are released to the public through its website, there should be a representative from the agency for it to function especially when there is a meeting.   

            A related Order that has since been formed in 2007 was the Executive Order 13422 that constitutes the most significant amendments to the Executive Order 12866 since it was enacted (Watts 96). Despite the fact that the rules have been stated to be controversial, there is nevertheless need to examine the impact and the role that they have in the rulemaking process. One of the significant amendments that the president needs to consider is the requirement that agencies ought to make a request through writing in pursuit of the immigration policy. It is further important to identify that each of the agencies is required to have a head who is tasked with the role of controlling the rulemaking process within their jurisdiction. Furthermore, as the president, it is worth to understate that through the Executive Order 13422, it is explicitly stated that the agencies ought to submit their assessment reports and the rules that they anticipate to publish within the coming year. These ease the rulemaking process because it will be in line with each of the agencies that seek to make a publishing in the future which allow for easily consultation and monitoring (Congressional Research Service (CRS) 5).

            In examining the role of the rulemaking process, it is important to consider that the Congress has since been involved in the enactment of a variety of acts that usually require a specific formula and review process. Usually, the immigration policy and other rulemaking processes are undertaken by the agencies themselves but may also involve outside parties. On the other hand, it is critical to comprehend the role of the presidential rulemaking requirements that are described within the limit of designating and coordinating the respective agencies, issuing priorities, conducting risk assessment analyses, and considering particular issues in the rulemaking process (Congressional Research Service (CRS)). As a result, it has become possible to describe issues that affect the community and the public as a whole because through the presidential rulemaking that considers immigration-related issues such as environmental justice, poverty, children rights, among many other concerns (Congressional Research Service (CRS)). It is, however, noted that in the process of executing these functions, the rulemaking requirements end up becoming a burden on their respective agencies and thus become a factor to be considered in examining the length of time the making of the rule takes place.

In summary, it is thus worth to highlight that the president has to factor the implementation phase as it is an essential stage in the immigration policy process as it the stage where all the suggested rules are effected. The core role of this phase is to ensure that the public policy resides under the executive armor the government. Through this phase, therefore, it is possible to develop the rules and regulations that are critical for the successful implementation of the enacted legislation. Furthermore, it is through the application phase that it becomes possible for other levels of the policy-making process to come in including the operational phase which ensures that any other pending law is enacted.

Works Cited

Congressional Research Service (CRS). “Congressional Research Service Report RL32240 The Federal Rulemaking Process: An Overview.” WikiLeaks Document Release, 2008.

Cox, Adam B., and Cristina M. Rodríguez. “The President and Immigration Law Redux.” Yale Law Journal, vol. 125, no. 1, 2015, pp. 104–225, doi:10.2139/ssrn.1356963.

“Policy Implementation.” Master of Health Services Administration, 2015,

Trump, Donald. “Immigration Reform | Donald J Trump for President.” Donald Trump for President Inc, 2016, p. 1,

Watts, Duncan. “The President and Foreign Policy.” The American Presidency, 2010, pp. 96–116, doi:10.1017/CBO9780511781858.009.

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