Kris Kobach on Obama's Attempt to Legalize Illegal Aliens

Video of Kris Kobach on Lou Dobbs show on June 19, 2012 discussing Obama's new policy on illegal aliens: http://video.foxbusiness.com/v/1697614789001/obamas-immigration-policy-breaking-federal-law

Kobach states that not only is Obama usurping the constitutional power of Congress, but Obama is violating a federal law, 8 U.S.C. § 1225 (http://codes.lp.findlaw.com/uscode/8/12/II/IV/1225).

Kobach did not go into details about the law in the interview. He stated that the statute was enacted because there was a concern that President Clinton would legalize illegal aliens unless there was something in the law to prevent him from doing so.

Here is my analysis of the statute. The statute states, in part: "An alien present in the United States who has not been admitted or who arrives in the United States . . . shall be deemed for purposes of this chapter an applicant for admission." See 8 U.S.C. § 1225(a)(1).

Later the statute states that except for circumstances that do not apply here, "in the case of an alien who is an applicant for admission, if the examining immigration officer determines that an alien seeking admission is not clearly and beyond a doubt entitled to be admitted, the alien shall be detained for a proceeding under section 1229a of this title." See 8 U.S.C. § 1225(b)(2)(A).

Section 1229a of this title sets forth the removal procedure. See 8 U.S.C. § 1229a. This section states that except for circumstances that do not apply here "a proceeding under this section shall be the sole and exclusive procedure for determining whether an alien may be admitted to the United States or, if the alien has been so admitted, removed from the United States." See 8 U.S.C. § 1229a(a)(3).

Therefore, the illegal aliens whom Obama seeks to legalize are "applicants for admission" under the law and the law commands that unless the examining immigration officer determines that the alien is "clearly and beyond a doubt entitled to be admitted", then the alien has to go into deportion procedings. There is nothing in the law that entitles the aliens Obama seeks to legalize to be admitted. The federal law described here prohibits Obama from doing anything other than sending these aliens to deportation proceedings.

Obama is asserting that NOT deporting someone can be covered by “prosecutorial discretion” ... but where is he getting the authority to issue a work permit?

Unless and until “someone stops him”, this is all academic.

Unless and until “someone stops him”, this is all academic.

*Gasp!* -- You're proposing a criminal enterprise!
Don't you know it's illegal to even have differing opinions from the president?

Here is Kobach’s article on the topic:
http://www.nypost.com/p/news/opinion/opedcolumnists/the_dream_order_isn_legal_4WAYaqJueaEK6MS0onMJCO