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Obama's Executive Amnesty Specifically Violates Clause of Constitution

Posted: Jan 3, 2015

U.S. District Judge Andrew S. Hanen of the Southern District of Texas has scheduled a hearing for Jan. 9 on the request for an injunction filed by 24 states against President Obama’s immigration amnesty plan.

In a nationally televised speech on Nov. 20, Obama announced (and began implementing) the executive actions. The original lawsuit wasfiled on Dec. 3, and the states requested an injunction hearing by Dec. 31 “or as soon as practicable thereafter.”

The lawsuit claims that Obama has “unilaterally suspend[ed] the immigration laws as applied to 4 million of the 11 million” illegal aliens in the United States.

The states (see the full list at the end of this article) are requesting that Hanen find that the Department of Homeland Security directives implementing Obama’s plan violate the “take care that the laws be faithfully executed” clause of the Constitution, as well as various provisions of the Administrative Procedures Act because they are arbitrary, capricious, an abuse of discretion and were issued without regulatory authority or the required notice and opportunity for public comment.

Here are the 24 states involved in the lawsuit:

Arizona
Arkansas
Florida
Georgia
Idaho
Alabama
Indiana
Kansas
Louisiana
Maine
Michigan
Mississippi
Montana
Nebraska
North Carolina
South Carolina
North Dakota
Ohio
Oklahoma
South Dakota
Texas
Utah
West Virginia
Wisconsin

Hmmmmm... the state in which I live is not on the above list, but should be.

Link: http://www.cnsnews.com/commentary/hans-von-spakovsky/obamas-executive-amnesty-specifically-violates-clause-constitution

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Hmmmm. Eisenhower, Ford, Reagan, Bush Sr, W all issued - immigration EOs

[ In Reply To ..]
President Obama's EO is not amnesty since none of the measures provides a single immigrant a pathway to permanent legal status or citizenship, unlike those signed by Reagan and Bush. Also, the EO has yet to be declared unconstitutional in a court of law, and that will not be happening in an injunction hearing on the 8th either, so that pronouncement is WAY premature. In fact, I'm not sure the action has even been granted standing, since they are required to demonstrate that they will suffer injury attributable to the EO. According to your link, a federal court determined Arizona's Sheriff Arpaio "lacked standing based on many of the same arguments that the Department of Justice is making in the Texas case."

In 1986 comprehensive immigration reform granted amnesty and created a pathway to citizenship for 3 million undocumented immigrants. In 1987, Reagan signed an EO deferring deportation of more than 100,000 children of that amnesty's recipients. He also rescinded the deportation of 200,000 Nicaraguans that same year. In 1990, Bush Sr. expanded that action to include 1.5 million more spouses and children of amnesty recipients WHEN CONGRESS FAILED TO PASS LEGISLATION addressing the issue. Does this sound at all familiar? In 1992, Bush deferred deportation of another 190,000 Nicaraguans. As you can see, prosecutorial discretion was a well established practice long before November 20, 2014.

Furthermore, there is nothing new about granting work authorization to immigrants subject to deportation or those in removal proceedings who apply for deferred action. The extension of those temporary benefits to spouses and/or children or parents is not controversial. In fact, those provisions can be found in the CFR, linked below.

Deferred action was practiced by INS even before it became part of those same statutes. Congress recognizes this administrative practice which it has tweaked from time to time over the years. There are numerous classifications of specific instances where deferred action is applied.

Given that deportations since Obama took office surpassed 2 million in April 2014, that the president now is proposing to prioritize criminal and fugitive cases, and will continue to process 7 million active deportation cases, it is going to be next to impossible to argue that the president is not taking care to faithfully execute immigration laws.

http://www.pensitoreview.com/2014/11/17/impeachable-18-immigration-executive-orders-by-republican-presidents/

http://www.immigrationpolicy.org/just-facts/executive-grants-temporary-immigration-relief-1956-present

http://www.motherjones.com/politics/2014/04/obama-administration-record-deportations

Reagan and Bush did not write their own laws, despite Obama's claims - ProMT

[ In Reply To ..]
Obama lies about past presidents' executive action on immigration:

In the wake of much backlash against his executive amnesty order, Obama has claimed that he isn’t doing anything different to past presidents, falsely suggesting that Ronald Reagan, George HW Bush and George W Bush all signed similar executive orders.

Appearing on ABC’s This Week in an interview aired Sunday, Obama stated that he has “by a longshot” issued fewer executive actions than most former presidents.

“If you ask historians, take a look at the track records of the modern presidency, I’ve actually been very restrained. And I’ve been very restrained with respect to immigration. I bent over backwards and will continue to do everything I can to get Congress to work,” Obama said, adding that criticisms of his immigration order are “a lot of rhetoric.”

Obama echoed comments made previously by White House officials, advisors, and left leaning talking heads claiming that past presidents used executive actions to provide amnesty to non citizens illegally residing in the US.

The claims include suggestions that in 1987 Reagan allowed legalization for three million immigrants without working with Congress, and that the first Bush paved the way for a further 1.5 million to gain legal status three years later with an executive order in 1990.

However, as David Frum noted in The Atlantic last week, the actions taken by Reagan and Bush can hardly be compared to the one Obama announced Friday.

“Reagan and Bush acted in conjunction with Congress and in furtherance of a congressional purpose.” Frum writes. “In 1986, Congress passed a full-blown amnesty, the Simpson-Mazzoli Act, conferring residency rights on some 3 million people.”

In other words, Ronald Reagan signed a statute that had already been debated and passed by Congress, where as Obama is set to write and enact a law by himself.

Frum also notes that “Reagan and Bush legalized much smaller numbers of people.”

Only about 50,000 people ultimately gained legal status this way, according to U.S. Immigration and Customs Enforcement data as reviewed and re-reviewed by Mark Krikorian of the Center for Immigration Studies.

Given that Obama intends for some 5 million to gain legal status, it is misleading at best to compare the latest amnesty order to the actions of previous presidents.

Frum also notes that the previous amnesties did not work and were “riddled with fraud” and led to an increase in illegal immigration.

“The argument that ‘Reagan and Bush did it,’ is essentially an argument that future generations should not learn from the errors of previous generations.” Frum concludes, adding that “With the advantage of experience, it is clear that their decisions did not produce the desired result, and actually greatly worsened the problem they sought to solve. Let’s not repeat their mistake.”

Link: http://www.infowars.com/obama-lies-about-past-presidents-executive-action-on-immigration/

No one is arguing the fact that previous presidents have issued executive orders regarding illegal immigration, but the point is how those presidents went about it. They acted in conjunction with Congress, not on their own as Obama has done.

It's amazing. People do not research their own claims (sm) - LM

[ In Reply To ..]
They just regurgitate talking points given to them by the corrupt MSM and left wing sites.

Sorta like people who think a single Infowars link is - legitimate research

[ In Reply To ..]
while rejecting factual data from multiple sources like the Immigration Policy Center (nonpartisan nonprofit founded in 2003) and spin-free word-for-word citations from the Code of Federal Regulations? Then there are those who believe linkless posts slamming posters and avoiding discourse on political content are the way to go. Different strokes, I guess.

Here's what a lie - really looks like

[ In Reply To ..]
"...backlash against his executive AMNESTY order..."

When an opinion piece (or the party whose views it espouses) uses deliberate deception and outright lies in its introductory paragraph (or its party's policy principles), one can only conclude that the ensuing argument(s) rest on very, very shaky grounds. Amnesty is not policy one deems as "bad" with which one disagrees. Within the immigration context, its definition is precisely specific, meaning a pardon or forgiveness of past crimes, conferring a permanent legal status and wiping the slate clean. Deferred action does none of that. Reagan administration immigration policies did. To claim that he or Bush didn't sign similar orders is the outright lie. They did.

That "in conjunction with Congress" talking point is a highly debatable concept that ultimately will not sway the court decision on Obama's EO one way or the other, so I find the remainder of Infowar's OPINION piece to be an irrelevant diversion from the key factors in this decision....another blaring sign of a very, very weak argument. Depending on whether or not the red state noisemakers can establish standing, the court may or may not be examining the constitutional mandate to "take care that the laws be faithfully executed," historical precedent, and whether or not the contents of his executive order are supported by constitutional authority. If it is heard at all, it may end up applying boundaries of faithful execution, but that is doubtful since the executive branch has the right to regulate its own law enforcement policies. For the court to deem an EO as "law," it must be presented with evidence that the order applies to all citizens.

This directive establishes agency criminal/fugitive deportation priorities and specifies implementation policy of those priorities. To that end, it provides for staged DELAYS of ongoing deportation proceedings of spouses, parents and children of certain groups of immigrants within the framework of existing policies, i.e. TEMPORARY work authorization of deferees. There is nothing permanent about those regulations, especially when the president has openly invited Congress to supercede the order by passing fair immigration reform, which they will evidently continue to refuse to do.

Hmmmm - Maybe you should read the EOs that you use to defend Obama's - Truthhurts

[ In Reply To ..]
ILLEGAL actions.

There’s a big difference between what Obama is doing compared to the former presidents. ASYLUM is different from AMNESTY? I read the EOs from the former presidents listed on the first link you provided. Those were all REFUGEE status EOs. They weren’t ILLEGALLY here. They were fleeing from danger and had to go through the AMERICAN EMBASSY to come here.

Obama’s EO gives citizenship to millions of ILLEGALS. His EOs forgives all the ILLEGAL IMMIGRANTS who came here by SNEAKING INTO THIS COUNTRY. That’s a big difference.

Also look up the definition of “DEFERRING”, “POLITICAL ASYLUM,” and “AMNESTY” for the difference in the EOs.

Let’s not forget that the former presidents also had CONGRESSIONAL APPROVAL, something that this president doesn’t seem to understand or care. His way or the highway is his mantra.

Sorry, but the argument for the ILLEGAL ACTION that Obama plans to do is weak at best. Time for him to start following the rule of law since he kept bragging how he was a constitutional lawyer...and if he was, he should know that what he's proposing is ILLEGAL.

Actions that "rescind" or "defer" have one thing - in common

[ In Reply To ..]
i.e. active DEPORTATION cases of a variety of classes of immigrants.

Since my husband is an asylee, I do not need to look up the meaning of that word, and I understand all too well what deferral and amnesty is, since I've been helping immigrant friends and their families attain legal status for many years. Perhaps you are the one who needs to do a little further reading. You could start by looking up the meaning of DEPORTATION.

The 100,000 DEFERRALS of UNDOCUMENTED children Reagan's order applied to, and the additional 1.5 million DEFERRALS of spouses and children of "recently AMNESTIED" (i.e. formerly ILLEGAL) immigrants cannot be magically transformed into asylees for the sake of political expedience 30 years later. If they were asylees, they wouldn't need relief from an executive order. Also, ignoring those 100,000 + 1.5 million deferrals of ILLEGALS will not make them disappear. Nice try. That said, there is a tiny piece of truth in your post. Foreign policies run afoul under Reagan and Bush DID create hundreds of thousands of political refugees and asylees from Nicaragua and El Salvador, but the executive orders were signed on behalf of those deemed deportable. Asylee claims must be proven, not just assumed or stated. Many of them (my husband included) left with only the shirts on their back, sans crucial documents immigration requires to establish country of origin or refugee/asylum claims when trying to gain legal status.

I do have to correct one error I made in the previous post. The 190,000 DEFERRALS Bush signed benefitted El Salvadorean DEPORTEES, not Nicaraguan DEPORTEES Reagan's benefitted.

Part of these types of problem has been somewhat ineffectively addressed since 1990 with the establishment of TPS (TEMPORARY Protected Status) for NON-immigrants whose safe return is being impacted by either natural disasters or armed conflict....ineffective in the sense that the designation of which countries fall under this status (formerly determined by the AG, now by Homeland Security) can be subjective and politically charged. It is very limited in scope and only applies to a handful of countries' displaced populations. Prior to that, the plight of such immigrants and non-immigrants alike was remedied via EXECUTIVE ORDER. Of note, family unity is not considered under TPS provisions, but the concept of FAMILY FAIRNESS the president now invokes was elaborated in Reagan's EOs and expanded under Bush.

The irrelevance of the right's CONGRESSIONAL APPROVAL protestations as it applies to this lawsuit was addressed above in the "here's what a lie really looks like" post.

Care to comment on the hypocrisy of Boehner's threat to sue the president over ACA/EO "overreach", which to no one's surprise was immediately backburnered after the election, and his simultaneous call for a presidential EO to "fix the border" without Congressional action in response to the unaccompanied children crossings last summer? What's up with that? Trying to have it both ways again?

BIG DIFFERENCE - sm

[ In Reply To ..]
Since we're going anonymous these days, I'll just write that there is a HUGE difference between legal asylum and ILLEGAL, UNLAWFUL entry.

Agreed. Reagan and Bush EOs were for illegals - since

[ In Reply To ..]
asylum applicants don't need deportation relief. There's no getting around it. This argument is DOA since the 1986 Immigration Act and the Reagan and Bush amnesty EOs paved the precedential way.

No, it is not DOA. - sm

[ In Reply To ..]
It is not okay to break the law. Period.

What law are you talking about? - nm

[ In Reply To ..]

President Obama's "Deferred Action" Program for Illegal Aliens Is Plainly Unconstitut - ProMT

[ In Reply To ..]
In 2010 Congress declined to enact the DREAM Act, which would have bestowed lawful resident status on illegal aliens who had arrived in this country as minors.1 In September 2011, when pressured by illegal alien advocates to implement the DREAM Act "on his own," President Obama responded: "I just have to continue to say this notion that somehow I can just change the laws unilaterally is just not true."2 In June 2012, the president did what nine months before he had insisted he could not do, unilaterally instituting the Deferred Action for Childhood Arrivals program ("DACA"), under which illegal alien "Dreamers" can request a two-year deferral of any action to remove them, along with employment authorization documents.3 To date, over 600,000 illegal aliens have been accepted into the program.4

In 2013 Congress again declined to enact an immigration bill supported by the president, a so-called "comprehensive immigration reform" that would have given legal status to more than 11 million illegal aliens, including the Dreamers. In November of that year, in response to an illegal alien's insistence that the president had the power to issue an executive order stopping deportations, President Obama responded: "Actually, I don't. ... if in fact I could solve all these problems without passing laws through Congress, then I would do so. But we're also a nation of laws."5 On November 19, 2014, the president did what a year before he insisted he hadn't the power to do, allowing approximately 4 million illegal aliens who are the parents of U.S. citizens and legal permanent residents to request a three-year deferral of removal, along with employment authorization documents.6 He also extended the stay of DACA beneficiaries by three years and expanded the number of illegal aliens eligible for DACA by about 200,000.

As explained in this report, (1) the president's deferred-action program involves three separate legal steps, (2) each of the three steps is plainly illegal, and (3) the three steps, taken together, amount to an unconstitutional usurpation of Congress's exclusive constitutional authority to formulate immigration policy.

The Statutory Immigration System

"Deferred Action" Is Not "Prosecutorial Discretion"

Facilitating Unlawful Behavior is not "Prosecutorial Discretion"

The Program Exceeds the Constitutional Bounds of "Prosecutorial Discretion"

The Program Exceeds the Statutory Bounds of "Prosecutorial Discretion"

There are No Valid Precedents for the Administration's "Deferred Action"

The President's "Prosecutorial Discretion" Claim Is Plainly Specious

Illegal Alien Expulsions Have Fallen by 50 Percent under President Obama

Criminal Aliens Never Had It So Good

The "Record Deportations" Narrative Is "Deceptive"

"Deferred Action" vs. Mass Deportations Is a False Choice

Using "Deferred Action" to Husband Resources is a Contradiction

Grants of "Advance Parole" Are Plainly Illegal

The Issuance of EADs Is Plainly Illegal

IRCA Does not Authorize Issuing EADs to Deferred-Action Beneficiaries

The Issuance of EADs to "Deferred Action" Beneficiaries is Unconstitutional

Link: http://cis.org/Obama-Deferred-Action-Amnest-Executive-Action-Unconstitutional

Migrant flow into US from Caribbean spikes - ProMT

[ In Reply To ..]
Just starting a five-year sentence for illegally re-entering the United States, George Lewis stared at the officers staring back at him at Miami's federal detention center and considered whether he'd risk getting on another smuggler's boat — a chance that soaring numbers of Caribbean islanders are taking — once he's deported again.

U.S. authorities deported Lewis following a four-year sentence for a felony drug conviction in May 2013 to the Bahamas, where he was born but lived only briefly. His Haitian mother brought him to Miami as an infant, and though he always considered the U.S. home, he never became a legal resident.

Just five months after he was deported, he got on a Bahamian smuggler's boat with over a dozen other people trying to sneak into Florida. It capsized and four Haitian women drowned. He and the others were rescued.

So would he dare make another attempt?

"Yeah," Lewis, 39, said with a sigh. But, he added, "I would put on a life vest next time."

A recent spike in Cubans attempting to reach the United States by sea has generated headlines. But the numbers of Haitians and other Caribbean islanders making similar journeys are up even more. And while federal law grants legal residency to Cubans reaching U.S. soil, anyone else can be detained and deported.

That law, the so-called wet foot-dry foot policy, and Coast Guard operations related to migrants remain unchanged even as Cuban and U.S. leaders say they are restoring diplomatic relations after more than 50 years.

"The Coast Guard strongly discourages attempts to illegally enter the country by taking to the sea. These trips are extremely dangerous. Individuals located at sea may be returned to Cuba," said Lt. Cmdr. Gabe Somma, spokesman for the Coast Guard's 7th District in Miami.

According to the Coast Guard, in the fiscal year that ended Sept. 30, U.S. authorities captured, intercepted or chased away at least 5,585 Haitians, 3,940 Cubans and hundreds from the Dominican Republic and other Caribbean countries attempting to sneak into the country.

That's at least 3,000 more migrants intercepted than in the previous fiscal year. It's also the highest number of Haitian migrants documented in five years and the highest number of Cubans recorded in six. It's unknown how many made it to U.S. shores without getting caught, or how many died trying.

More than 1,920 migrants — most of them Cuban or Haitian — have been intercepted so far in the fiscal year that began Oct. 1. The Coast Guard worries that number will only increase as news spreads about recent changes to the U.S. immigration system, including fast-tracking visas for some Haitians already approved to join family here and an executive order signed by President Barack Obama that would make millions already illegally in the U.S. eligible for work permits and protection from deportation.

"Any perceived changes to U.S. immigration policy can cause a spike in immigration because it gives a glimmer of hope," even to people not eligible under those changes, said Capt. Mark Fedor, chief of response for the Coast Guard's 7th District.

It's unclear why the numbers are jumping. Poverty and political repression have long caused Caribbean islanders to attempt the journey, and the outlook remains dismal for many. Coast Guard and U.S. immigration officials think another calm summer without many tropical storms and a recovering U.S. economy might have encouraged more to take to the sea. They also say the increased captures may reflect better law enforcement.

Smuggling operations in the region range from individual opportunists looking to use their vessels for extra money to sophisticated networks that may add drug shipments to their human cargo, said Carmen Pino, an official with U.S. Immigration and Customs Enforcement in Miami. Smugglers also lure people, especially in relatively new routes that send Haitians into the neighboring Dominican Republic to board boats bound for Puerto Rico.

Lewis said he easily talked his way onto a smuggler's boat with about a dozen Haitians and Jamaicans hoping to make it to Florida under the cover of darkness. He just struck up a conversation with some locals at a sports bar in Bimini, a small cluster of Bahamian islands 57 miles off Miami, where Lewis figured he could find a boat home.

"It was like getting a number from a girl. I just needed the right line," Lewis said in an interview in November. The failed trip cost $4,000.

After his rescue, U.S. authorities initially accused him of being a smuggler, partly because he was the only person on board with a phone, which he used to call 911 when the boat started taking on water. He scoffed at the allegation. He remembered that on the boat he was talking to a teenage Haitian girl and thinking about his mother's boat trip from Haiti to the Bahamas as a young girl, a crossing he never thought he would emulate. "I said, 'Run behind me when we hit land.'" He said. " I said, 'Follow me, I'll get you there.'"

Now Lewis finds himself back in the U.S. but not at home and facing another forced return to the Bahamas, a homeland he doesn't know and where the government considers Haitians who have migrated illegally and their children an unwanted burden.

Lewis knows he'd try to reach the U.S. again.

"It's not worth losing your life, but what life do you have when you have a whole country against you? I'm completely alienated from a country where I'm supposed to be from," Lewis said.

Link: http://news.yahoo.com/migrant-flow-us-caribbean-spikes-145024265.html

The promise of amnesty always "decreases" illegal immigration, right? Wrong!

What promise of amnesty? - This link presents

[ In Reply To ..]
nothing more than speculation when conjuring up possible "unclear" reasons for the migrant numbers, that range from poverty and political repression to beefy enforcement, even calm seas (LOL). It certainly isn't unclear why Mr. Lewis, who is perceived as an "unwelcome burden" in the Bahamas, plans a return trip. No mention of anti-immigration hawks and their imagined amnesty policies.

Deferral of deportation and temporary work authorization is a far, far cry from amnesty.

I guess we're supposed to believe the medical transcriptionist - sm

[ In Reply To ..]
over all the cited legal information you have provided. LOL

Not a question of believing or - not believing

[ In Reply To ..]

Not only is work authorization allowed for deferees, it is required.

Chapter 8 of the CFR lays out in excruciating detail those various classifications of aliens who are allowed to apply for work authorization (EAD/I-765). See link. Pay special attention to section 274a.12(c)(14):

(c) Aliens who must apply for employment authorization. An alien within a class of aliens described in this section must apply for work authorization. If authorized, such an alien may accept employment subject to any restrictions stated in the regulations or cited on the employment authorization document. USCIS, in its discretion, may establish a specific validity period for an employment authorization document, which may include any period when an administrative appeal or judicial review of an application or petition is pending.

(14) An alien who has been granted deferred action, an act of administrative convenience to the government which gives some cases lower priority, if the alien establishes an economis necessity for employment.

Other interesting and relevant provisions in this same section are found in (a)(11)

(a) Aliens authorized employment incident to status. Pursuant to the statutory or regulatory reference cited, the following cllasses of aliens are authorized to be employed in the United States without restrictions to location or type of employment....

(11) An alien whose enforced departure from the Unitd Staes has been deferred in accordance with a directive from the President of the United States to the Secretary. Employment is authorized for the period of time and under the conditions established by the Secretary pursuant to the Presidential directive;

This has been in practice since the mid 80s under both GOP and dem administrations. Would love to see the newly elected GOPs open this can or worms during the immigration reform debate and watch the avalanche of backlash commence.

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"We have all heard it said many times that America is a land of immigrants, some voluntary and some involuntary, but immigrants nevertheless. We have plenty of space in our country, but insufficient resources to support everyone who wants to come here. When we see innocent children used as political pawns, it still tugs at our heartstrings, which is the desired intent. The real question is, What are we going to do about it? Immigration reform has been a very tough issue, as well as a p ...

Nov 06, 2016
an immediate tax hike of $1.2 trillion, a $15,000 hit on every household in America, according to a new analysis of immigration reform. The authoritative National Academy of Sciences said the cost to give some 11 million illegals citizenship rights would be staggering... "The findings in the report indicate that if amnesty for illegal immigrants were enacted, the government would have to raise taxes immediately by $1.29 trillion and put that sum into a high-yield bank account to cover f ...

Dec 04, 2014
By Richard Kelsey December 3, 2014 Just the word amnesty fires me up. The thought of rewarding criminal behavior is abhorrent to me. When light-weight, pro-amnesty politicians hump “comprehensive immigration reform,” they are talking about amnesty. I have been in the fight against illegal immigration for more than two decades. I grew up in a small New Jersey town over-run by illegal aliens. I saw town officials take advice from federal a ...

Jul 26, 2017
I have been having a problem with frequent urination. In the past, I would have frequency a couple of days leading up to and a couple of days during my period and then it would go away. Everything would return to normal. Now I’m perimenopausal and haven’t had a period in several months; however, I have been having frequency all of the time. I’m not sure if it is a side effect of menopause or not, but it is driving me crazy and it’s starting to affect my sleep. I have to get up three ...

Sep 29, 2014
hired for a child's rights? I am trying to find someone who will actually fight FOR my son (and me) and not against us. I just paid this creep $3000 to basically tell me my ex (all the horrible crap he has done) is okay and I am not. Long story, but suffice it to say my son will not get help. I cannot understand the "system." ...