Circumventing Congress on Immigration

Current Events        vs.       Founding Documents

Entry 105

Current Event

According to; August 19, 2011

Republicans accused the Obama administration of instituting “backdoor amnesty” after officials announced they would launch a case-by-case review of illegal immigrants slated for deportation in an effort to thin the list and focus resources on kicking out criminals.

The move would likely grant a reprieve to many would-be DREAM Act beneficiaries and thousands of others. The DREAM Act is a proposal in Congress to give illegal immigrants who came to the United States as children a chance at legal status if they complete two years of college or military service. Though the bill has not passed, Thursday’s announcement could serve to carry out its provisions.

Arizona Gov. Jan Brewer, one of the president’s toughest critics on border policy, said the move amounts to the administration implementing an immigration overhaul “via executive fiat.”

Texas Republican Rep. Michael McCaul said the plan circumvents Congress.

“It is just the latest attempt by this president to bypass the intended legislative process when he does not get his way,” McCaul said.

But Homeland Security Secretary Janet Napolitano said in a letter to Senate Democrats that it would “enhance public safety” by focusing deportation efforts on those “who pose a threat.”

Under the plan, DHS and the Department of Justice will review all cases in removal proceedings as well as any new cases to make sure those who are deported meet the kind of criteria established in a June 17 agency memo.

The memo from Immigration and Customs Enforcement Director John Morton instructed staff to consider 19 factors when exercising “prosecutorial discretion” — or the discretion an ICE attorney has in deciding whether and how to pursue an immigration case. The list includes factors similar to those in the DREAM Act, like whether someone arrived in the U.S. as a “young child,” is pursuing an education or has served in the military.

Thursday’s announcement goes beyond the memo by establishing a process to flag and exempt certain illegal immigrants from deportation. A team of attorneys and officials will be tasked with reviewing the more than 300,000 cases in the system.

But the Federation for American Immigration Reform described the announcement as a complete overhaul of immigration law without approval by Congress.

“Having failed in the legislative process, the Obama administration has simply decided to usurp Congress’s constitutional authority and implement an amnesty program for millions of illegal aliens,” FAIR President Dan Stein said.


The President vs. Congress and the Constitution

Founding Document

United States Constitution; Article I; Section 8 – (an excerpt)

(The Congress shall have Power To)  establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

US Constitution; Article II; Section 3 – (an excerpt)

…he (the President) shall take Care that the Laws be faithfully executed, …

We the People:

President Obama is not taking care that the existing immigration laws be faithfully executed.  In addition, he is violating the Constitution by taking on the separate powers assigned only to the Congress.  And our president is daring Congress to take him to court.  If we don’t let our members of Congress know that we expect them to enforce checks and balances, we are part of the problem.

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