Similarly, Congress can also overturn an executive order by passing a bill to be signed by the President. If the President veto’s the bill (or refuses to sign it into law) then both houses of congress must vote by over two thirds of the membership to override a presidential veto. Given our divided Congress I don’t see a presidential veto happening any time soon.
The better question is will a future Republican President, over-ride Obama’s executive action on immigration? Certainly we could envision a President Donald Trump, Ted Cruz, or Rand Paul doing so. That is if you could envision them as President of the United States, because I don’t unless some catastrophic even occurs making their outlandish views seem reasonable or necessary. I also don’t see Jeb Bush, Marco Rubio, Lindsey Graham, Rick Perry, or John Kasich doing so. Scott Walker previously supporting comprehensive immigration reform and now his position is less clear, but I don’t see him undoing it. Neither would Christie or Pataki. It is very easy to criticize President Obama for his “unilateral” action. It is a lot easier, then for example, laying out what precisely they would do if they were president. It is also red meat for the conservative base.
I talked about this in a prior post, “What if the next President doesn’t support Obama’s Executive Action?” There, I referred to a speech that Obama previously gave. He argued that nearly everyone agrees it is impossible to deport over 11 million immigrants. He should know, since he has deported over 2 million in the last six years. Our courts and our detention centers are at capacity. It would also destroy our economy. Of all the people that we would deport, why would we chose those that did the right thing? Those that passed background checks and paid their taxes? It doesn’t make political, economic, or moral sense.
The bottom line is, it is possible that a future president can undo Obama’s executive action, but it is not probable. In fact, I would go so far to say as it is highly improbably that it would occur. It is much more likely that congress will pass some form of immigration reform than mass deportation of our undocumented population or those that have deferred action.