- Jun 6, 2007
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President Obama is not being honest about his authority to issue his executive order temporarily protecting undocumented immigrants from being deported immigrants that have been in the country for five years and have a child that is a lawful resident in the U.S.. Barack Obama says that this same kind of action has been taken by Republican and Democrat Presidents before him but this is not true. The only legal principles by which President Obama could be issuing this executive order are twofold: Deferred Action and Deferred Enforced departure. Deferred Action is a legal principle that essentially says the immigration authories have the power to defer removal hearings for a foreign national that does not have legal permission to be in the U.S. for reasons of efficient use of government resources and/or humanitarian grounds it is essenitially an acknowledgement that immigration officials have prosecutorial discretion on whether or not to deport people in the country unlawfully. Deferred Enforced Departure is a legal principle that essentially says that the President can by executive order temporarily put a hold on deportation efforts against a whole class of foreign nationals residing in the U.S. because of political circumstances or a natural disaster in their native country; an example of it being used was when the Chinese government massacred a group of chinese students in Tianamen Square President George H. W. Bush issued an executive order granting Deferred Enforced Departure to a group of Chinese nationals residing in the U.S..
None of these legal principles justify President Obama's executive order here. This executive order will give deferred action to a whole class of foreign nationals residing in the U.S. those with five years of residency with a child who is a lawful U.S. resident and has no serious criminal record no prior presidential administration has given deferred action by class action moreover Congress pursuant to America's immigration laws clearly intended immigration authorities to have the prosecutorial discretion of "deferred action" but there is nothing in the laws or congressional record for such laws that Congress had the intention to give the President or immigration officials the authority to give deferred action to a class of people. Further, the legal construct of "Deferred Action" merely gives Immigration authorites the power to defer removal proceeding against a foreign national not legally permitted to be in the U.S. it does not give the executive branch of government the power to give work permits and social security numbers to these people which President Barack Obama is doing with his executive order here. The legal principle of "Deferred Enforced Departure" does not give President Obama the authority to make this executive order because this legal construct comes out of the President's authority to conduct foreign affairs for the American people to react on humanitarian concerns to something that is occurring in a foreign country this President Obama executive order is not a response to anything that is happening in a foreign country it is a response to things occurring in this country. This is not a perception issue substantively President Barack Obama does not have the legal authority to do what he is doing here with this executive order!
The really sad thing about what the Democrat Party and President Barack Obama are doing here with this executive order is that they are squandering the American people's opportunity to enact comprehensive immigration reform legislation. The Republican Party ernestly needs this legislation to pass because this issue cost them the Presidency in the 2012 election and almost certainly will cost them the Presidency in the 2016 election because it alienates the Hispanic American voting bloc who blame the Republican Party for the prolonged suffering of these eleven million undocumented people in America that are largely Hispanic and this issue stigmatizes their presidential nominee who has to come out and say he or she is against a legal path to citizenship for undocumented immigrants to avoid losing significant support amongst registered Republican voters who largely hold far right views on this issue. This executive order action kills any chance of passing this needed legislation for the country because it creates a mountain size indication that President Obama cannot be trusted to follow the law in this area so why pass more laws in this area, moreover it has created a constitutional crisis in the country in the area of the roles of the Executive and Legislative branch of government the Executive branch carries out the laws it does not make the laws this Congress with Boehner and McConnell as its leaders will not let this egregious wrong pass and any knowledgable person on the comprehensive immigration issue over the last ten years knows that the hope of passing this legislation rested on the compromise that one side would give in and allow a path to citizenship for illegals if the other side would agree to secure America's borders and shut off the open faucet of illegal immigrants coming into this country, this Executive order takes away the leverage of the representatives that are seeking to implement a permanent solution to this problem a solution which is achievable!
President Obama and the Democrats keep hammering away keep scoring a tidal wave of public relations points against the Repubican Party because the Republican Party did not bring up the Senate passed comprehensive immigration bill for a debate and vote this term. They publicly count the days since it passed they say if the Republican Speaker would only bring it up for an up or down vote it would pass and become law and America would be done with this problem. Speaker Boehner should take them up on this challenge bring this bill to the House floor no amendments a debate and an up and down vote and every member can have fifteen minutes to comment about this Senate bill; let the truth come out that this bill is a terrible bill. It is not even a close call that this Senate legislation would "not" solve the illegal immigration problem the country has and it will be evident in this debate and it will be further evident that there is the will in the Republican party to comprehensively solve this problem for the country; Democrats like to point out Republican Senators voted for this bill I surmise if these Senators were put under oath they would say they knew this bill was lousy but it was the best compromise that we could get and we hoped passage of the Senate bill would move the House to pass their version of the bill and a conference committee would produce a good bill. Speaker Boehner should do this so the Republcan Party can get control of the narrative on this issue which is if President Obama would just let the legislative process work Congress will pass legislation solving this problem. You know I think President Obama has the common sense to know the Senate Bill will not solve the issue of the problematic illegal immigration flow into the country because he says the bill is not a perfect bill if one recalls he used to say the same thing about the Affordable Care Act bill!
The progressive Democrat editorial writer E.J. Dionne recently essentially wrote that the determining factor for President Obama deciding to issue this executive order is that Speaker John Boehner would not make a commitment to the White House to bring up comprehensive immigration legislation in a timely manner in return for the White House agreeing to postpone issuing this executive order. Mr. Boehner how could you be so foolish your party critically needs this legislation to pass you cannot bring this legislation up in 2016 because most of your caucus members face a bigger threat in their jobs from Republican candidates from the right then they do from Democrats and these Republican challengers would clean your members clock if they supported comprehensve immigration reform and you cannot bring up this legislation after the August recess in 2015 because your caucus is going to be focused on the guaranteed titanic size showdown your Party is going to have with the White House over the 2016 budget, so common sense indicates clearly you have until the end of July 2015 to bring immigration bills to the House floor for debate and votes so why not commit to that time table!
None of these legal principles justify President Obama's executive order here. This executive order will give deferred action to a whole class of foreign nationals residing in the U.S. those with five years of residency with a child who is a lawful U.S. resident and has no serious criminal record no prior presidential administration has given deferred action by class action moreover Congress pursuant to America's immigration laws clearly intended immigration authorities to have the prosecutorial discretion of "deferred action" but there is nothing in the laws or congressional record for such laws that Congress had the intention to give the President or immigration officials the authority to give deferred action to a class of people. Further, the legal construct of "Deferred Action" merely gives Immigration authorites the power to defer removal proceeding against a foreign national not legally permitted to be in the U.S. it does not give the executive branch of government the power to give work permits and social security numbers to these people which President Barack Obama is doing with his executive order here. The legal principle of "Deferred Enforced Departure" does not give President Obama the authority to make this executive order because this legal construct comes out of the President's authority to conduct foreign affairs for the American people to react on humanitarian concerns to something that is occurring in a foreign country this President Obama executive order is not a response to anything that is happening in a foreign country it is a response to things occurring in this country. This is not a perception issue substantively President Barack Obama does not have the legal authority to do what he is doing here with this executive order!
The really sad thing about what the Democrat Party and President Barack Obama are doing here with this executive order is that they are squandering the American people's opportunity to enact comprehensive immigration reform legislation. The Republican Party ernestly needs this legislation to pass because this issue cost them the Presidency in the 2012 election and almost certainly will cost them the Presidency in the 2016 election because it alienates the Hispanic American voting bloc who blame the Republican Party for the prolonged suffering of these eleven million undocumented people in America that are largely Hispanic and this issue stigmatizes their presidential nominee who has to come out and say he or she is against a legal path to citizenship for undocumented immigrants to avoid losing significant support amongst registered Republican voters who largely hold far right views on this issue. This executive order action kills any chance of passing this needed legislation for the country because it creates a mountain size indication that President Obama cannot be trusted to follow the law in this area so why pass more laws in this area, moreover it has created a constitutional crisis in the country in the area of the roles of the Executive and Legislative branch of government the Executive branch carries out the laws it does not make the laws this Congress with Boehner and McConnell as its leaders will not let this egregious wrong pass and any knowledgable person on the comprehensive immigration issue over the last ten years knows that the hope of passing this legislation rested on the compromise that one side would give in and allow a path to citizenship for illegals if the other side would agree to secure America's borders and shut off the open faucet of illegal immigrants coming into this country, this Executive order takes away the leverage of the representatives that are seeking to implement a permanent solution to this problem a solution which is achievable!
President Obama and the Democrats keep hammering away keep scoring a tidal wave of public relations points against the Repubican Party because the Republican Party did not bring up the Senate passed comprehensive immigration bill for a debate and vote this term. They publicly count the days since it passed they say if the Republican Speaker would only bring it up for an up or down vote it would pass and become law and America would be done with this problem. Speaker Boehner should take them up on this challenge bring this bill to the House floor no amendments a debate and an up and down vote and every member can have fifteen minutes to comment about this Senate bill; let the truth come out that this bill is a terrible bill. It is not even a close call that this Senate legislation would "not" solve the illegal immigration problem the country has and it will be evident in this debate and it will be further evident that there is the will in the Republican party to comprehensively solve this problem for the country; Democrats like to point out Republican Senators voted for this bill I surmise if these Senators were put under oath they would say they knew this bill was lousy but it was the best compromise that we could get and we hoped passage of the Senate bill would move the House to pass their version of the bill and a conference committee would produce a good bill. Speaker Boehner should do this so the Republcan Party can get control of the narrative on this issue which is if President Obama would just let the legislative process work Congress will pass legislation solving this problem. You know I think President Obama has the common sense to know the Senate Bill will not solve the issue of the problematic illegal immigration flow into the country because he says the bill is not a perfect bill if one recalls he used to say the same thing about the Affordable Care Act bill!
The progressive Democrat editorial writer E.J. Dionne recently essentially wrote that the determining factor for President Obama deciding to issue this executive order is that Speaker John Boehner would not make a commitment to the White House to bring up comprehensive immigration legislation in a timely manner in return for the White House agreeing to postpone issuing this executive order. Mr. Boehner how could you be so foolish your party critically needs this legislation to pass you cannot bring this legislation up in 2016 because most of your caucus members face a bigger threat in their jobs from Republican candidates from the right then they do from Democrats and these Republican challengers would clean your members clock if they supported comprehensve immigration reform and you cannot bring up this legislation after the August recess in 2015 because your caucus is going to be focused on the guaranteed titanic size showdown your Party is going to have with the White House over the 2016 budget, so common sense indicates clearly you have until the end of July 2015 to bring immigration bills to the House floor for debate and votes so why not commit to that time table!
