For years, clients have been calling me telling me that they have heard about a “new law”. For the past six (6) years, clients have been calling me telling me that President Obama has “done something’ or “made a new law” and wanted to know how it affects them. For years, I have been advising clients, and posting warnings on FaceBook, that although there has been plenty of talk about Congress passing a comprehensive immigration reform bill, and although there has been plenty of talk about President Obama signing an executive order that may have a real impact on the immigration landscape, all it has been is talk. I have told people that if and when Congress passes a bill, I will be familiar with the bill and will be prepared to advise people on whether or not, and how, it affects them. If and when President Obama signs an executive order, I will be familiar with that order and will be prepared to advise people on whether or not, and how, it affects them. However, unless and until a law passes or an order is signed, everything is speculation. I do not give advice based upon speculation. I have stated repeatedly that people should not be paying a lawyer or any other person to assist them with a law or rule, which may or may not happen at some point in the future.
President Obama has announced that he will be speaking tomorrow night about immigration. It is expected that he will be announcing that he will be signing an executive order. There has been considerable speculation in the media about what may be in that order. Some of that speculation is probably based on leaks from the White House, and thus may be accurate, or at least may be accurately testing things the President is actually considering. Some of this speculation is things some people are hoping (or fearing based on their politics) will be in the order. Regardless of the source of the speculation, it is, for now, just speculation. I have been receiving phone calls today about this potential executive order. I have been telling people that I do not give advice based upon mere speculation, especially when I will soon know actual facts!
Tomorrow night the President will speak, and he will tell us, in general terms, what (if anything) he is actually going to do this week. Keep in mind that it is still possible, although unlikely, that this is just a speech to try to drum up support for Comprehensive Immigration Reform, and not an announcement concerning a new executive order. I will watch the President speak (even though my daughter is coming home from school tomorrow and I would rather go out with her). If the President does announce a new order tomorrow night, then I would expect that the White House will put a copy of the actual order, or at least an information packet about the order, online Friday morning. I will read that. I will make myself familiar with the details of whatever it is that the President is actually doing (as opposed to talking about or thinking about). People are welcome to call me on Friday, and I will be prepared to give general advice about how this announcement affects them. If you can wait (and you should), I will be prepared to talk to you in greater detail next week.
I do not know what the President will do tomorrow. I have a pretty good guess, but people do not pay me to guess. They pay me to know. Friday, I will have a pretty good idea, based upon the President’s speech and a cursory review of whatever documents the White House releases. Next week I will know! I am asking everyone please to be patient. I am not giving anyone any advice about this issue today, because today I do not know. I will not be advising people tomorrow for the same reason. Friday will be a different story in that we will no longer be just guessing. Next week I will be able to talk about the subject the way I like to talk about all subjects that I discuss with my clients – with full and complete knowledge of the subject matter.