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Obama’s Illegal Move On Immigration [Why Doesn't Congress Challenge This In Court?]
Washington Post ^ | September 03, 2011 | David B. Rivkin Jr. and Lee A. Casey

Posted on 09/04/2011 3:46:22 PM PDT by Steelfish

Obama’s Illegal Move On Immigration

By David B. Rivkin Jr. and Lee A. Casey

Only Congress has constitutional authority to establish U.S. immigration policy, and fundamental reform requires legislative action. Thus the administration’s recent announcement that deportation will be sought only for undocumented immigrants who have committed crimes in the United States violates the separation of powers and is unconstitutional.

No president, of course, can hope to expel every undocumented person in the United States — they number perhaps upward of 11 million people. Human and financial resources to identify, apprehend, process and promptly deport millions have been lacking for years as has, arguably, the political will to do so. In this environment, immigration enforcement authorities, under administrations of both parties, have performed as best they could given their resources. Still, millions have been deported over the years. And while many had been convicted of serious criminal offenses, most deportees have not been in that category.

The policy that Obama unveiled last month differs fundamentally from the spotty immigration enforcement records of previous presidents. The administration indicated that, henceforth, deportation will be focused solely on illegal immigrants who have criminal records and that no enforcement resources will be expended on those who do not pose a threat to public safety. The effect is that undocumented individuals who have avoided apprehension at the border and not been convicted of a serious offense since arriving to the United States will no longer face the prospect of deportation, the most basic means of immigration enforcement.

This goes far beyond merely prioritizing the use of limited immigration enforcement resources. And it exceeds the president’s constitutional authority by, in effect, suspending operation of the immigration laws with respect to a very large and identifiable class of offenders.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Front Page News; Government; News/Current Events; Politics/Elections
KEYWORDS: aliens; bhofascism; illegals; invasion; liberalfascism; obama; obamageddon; perry; rick; tyranny
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To: GeronL

>>The GOP RINO’s don’t dislike foreign invasion any more than Obama does<<

Republican or democrat, the borders remain wide open. Billions shipped to various countries for the so called war on drugs, yet our borders are as pourous as they’ve been for decades....under both partys leadership.

Gotta ask yourself, why?


21 posted on 09/04/2011 4:37:13 PM PDT by servantboy777
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To: NeverForgetBataan
In 1954 Dwight Eisenhower deported 13 million Mexicans. The program was called Operation Wetback.

GROAN. This is perhaps the 500th time I have seen this error-filled piece circulated. Eisenhower deported 1.3 million NOT 13 million! We have tried to correct this on SWA for over a year now without success, as we keep seeing it emailed everywhere, and it makes our side look like we don't have our facts straight.

22 posted on 09/04/2011 4:42:45 PM PDT by montag813 (http://www.facebook.com/StandWithArizona)
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To: patriot preacher; All

This policy actually encourages mass scale immigration into the US. like never before. It legalizes illegality before it occurs.

Every individual granted visitor or student status entry visa (or as part of the chain migration policy where visiting family, uncles, nieces, nephews, grandchildren and multiple wives of Muslims) can now plan on overstaying their visa and not be deported. Ditto for million of illegals both here and about to cross the border. This is a huge and irreversible landscape in American demographics and culture.

And here is the worst of it. While Congress has standing to sue, a divided Congress may lack this. Short of bringing an article of impeachment for willful failure to honor his constitutional oath that a president take care that the laws of the nation be faithfully executed, (Remember, this was an article of impeachment brought against Nixon) we are finished.

If there ever was a time for a million man march on DC it is now.


23 posted on 09/04/2011 4:51:31 PM PDT by Steelfish (ui)
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Comment #24 Removed by Moderator

To: Steelfish

So the regulars at the WaPo had the day off when it came to approving this article!??


25 posted on 09/04/2011 4:58:13 PM PDT by ColdOne (I miss my poochie... Tasha 2000~3/14/11)
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To: Americanexpat

“Why is congress and the media letting this punk do this?”

In a word - race.


26 posted on 09/04/2011 5:02:31 PM PDT by jivin gene (Breakin' up is hard to do)
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To: ColdOne

See post 23. Regardless of WaPo, this a seachange for the nation.


27 posted on 09/04/2011 5:03:12 PM PDT by Steelfish (ui)
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To: Steelfish
Challenge? The GOP probably feels like kissing Obama's scrawny arse in gratitude for taking the issue off the table for the elections.

They've lost sight of the forest for the trees- whats the good in having them in office if they refuse to fight to do the right thing?

28 posted on 09/04/2011 5:13:01 PM PDT by skeeter
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To: servantboy777; All

” >>The GOP RINO’s don’t dislike foreign invasion any more than Obama does<<

Republican or democrat, the borders remain wide open. Billions shipped to various countries for the so called war on drugs, yet our borders are as pourous as they’ve been for decades....under both partys leadership.

Gotta ask yourself, why? “

I’LL TAKE “ BOUGHT AND PAID FOR WHORES FOR 800
,ALEX


29 posted on 09/04/2011 5:13:41 PM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
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To: Steelfish

If there ever was a time for a million man march on DC it is now.


Agreed — but should all know that there are not enough citizens either aware or that care about this to actually do anything about it. And there’s not a CHANCE Congress would act to stop it.

And, with all the “turmoil” in the Middle East, is it just POSSIBLE that, say, a few million Mulsim refugees in the next 12-18 months find their way to the United States — or Canada or Mexico — and end up HERE, under the auspices of Obama’s defacto Amnesty?

Sure, go ahead and tell me I need to don my tinfoil hat. But it’s crossed my minds than just mine, considering that Muslim populations are 400% higher here than they were just 10 years ago — on 9/11.... And with the guy in the White House now, ANYTHING is possible.


30 posted on 09/04/2011 5:38:50 PM PDT by patriot preacher
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To: Tempest

“I figured the Rick Perry contingent will defend this type of policy.oh wait, soon enough they will”
_____________________________________________________________________________________________________________

You bet they will.

Rick Perry couldn’t get a sanctuary city law passed in Texas even with a GOP supermajority in the Texas State House.

Ol Rick said an Arizona SB 1070 law “wouldn’t be right for Texas”. It sure was right for Alabama and they are not even
a border state.

Until Rick Perry pledges to NEVER sign and amnesty bill of any kind, the TEA party needs to tell him...

Adios Mofo! ......<-—— google that. Its a funny story.


31 posted on 09/04/2011 5:43:55 PM PDT by NeverForgetBataan (To the German Commander: ..........................NUTS !)
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To: 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; 4ourprogeny; 7.62 x 51mm; ..

Ping!


32 posted on 09/04/2011 5:44:03 PM PDT by HiJinx ("The wealthy and satisfied do not migrate, they stagnate." ~ Louis L'Amour)
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To: Steelfish

The Alinsky Marxist is only baiting the GOP to take him on with the immigration issue and this is mostly because he has been having his political ass handed to him for a few months running now.

By the time he would be done with America on his positions about “Immigration”, and with the absolute lies pumped out by the Media party, he would have Hispanics totally believing that the GOP seeks to put them all in Concentration Camps.

This is what 0bama does, its all misdirection geared towards fighting his opposition politically with lies and deception that leverage conflict, division, and class warfare.

Think about it - does he REALLY care about illegals in America?

F no. Even with his historically off the charts failure of a Presidency all he needs to do is to convince 51% of America that the GOP is evil and wanting to hurt their group/family/etc and he wins.

This is just how 0bama is campaigning for re-election.

If anyone in the GOP does anything it needs to be Issa because this is his stated job after all. The Media Party will mobilize even with that, but it needs to be handled there at that point by Issa or else 0bama will tear this country apart.

With lies of course.


33 posted on 09/04/2011 5:58:52 PM PDT by R0CK3T
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To: montag813
Eisenhower deported 1.3 million NOT 13 million!

thanks, for (prompt :) correction...


34 posted on 09/04/2011 6:01:58 PM PDT by skinkinthegrass (Who can take tomorrow, Spend it all today? Who can take your income And tax it all away? Obama Man :)
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To: Steelfish

Why doesn’t anyone sue?

Because the courts will throw the lawsuit out (see Alabama, Arizona, etc).


35 posted on 09/04/2011 7:28:14 PM PDT by Tzimisce (Never forget that the American Revolution began when the British tried to disarm the colonists.)
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To: R0CK3T; patriot preacher

It is remarkable that not one single GOP contender (not even those in the 1% range like Gingrich or Santorum) have challenged the legitimacy of this and brought it to the fore. And, of course Sarah Palin made no reference to this in her Iowa speech. And this is a major sea-change in this nation’s demographics. Obama has planted a huge neon sign on all ports of entry to any and all visitors, that reads:

“If you overstay your visa term, you are breaking our laws as set by Congress and you are an “illegal,” but don’t worry we’ll look the other way unless you commit a felony!”

Wow! Think about this. He does this in blatant violation of his presidential oath and the constitution’s separation of powers and Congress and the media are complicit.


36 posted on 09/04/2011 7:33:21 PM PDT by Steelfish (ui)
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To: justiceseeker93

It’s a little thing we all usually call CYA.


37 posted on 09/04/2011 7:54:47 PM PDT by SunkenCiv (It's never a bad time to FReep this link -- https://secure.freerepublic.com/donate/)
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To: Steelfish
A Supreme Court decision on the AZ immigration law may well rest on whether it accepts AZ’s claim of “concurrent jurisdiction” or whether it accepts the administration’s claim of “exclusive jurisdiction” to enforce federal law. This lies squarely within the precepts of Article II and Article VI of the United States Constitution.

There is Supreme Court precedent concerning the discharge of duties under the Constitution – specifically, Kendall v. United States [37 U.S. 524 (1838)]:

”… There are certain political duties imposed upon many officers in the executive department the discharge of which is under the direction of the President. But it would be an alarming doctrine that Congress cannot impose upon any executive officer any duty they may think proper which is not repugnant to any rights secured and protected by the Constitution, and, in such cases, the duty and responsibility grow out of and are subject to the control of the law, and not to the direction of the President …

It was urged at the bar that the Postmaster General was alone subject to the direction and control of the President with respect to the execution of the duty imposed upon him by this law, and this right of the President is claimed as growing out of the obligation imposed upon him by the Constitution to take care that the laws be faithfully executed. This is a doctrine that cannot receive the sanction of this court. It would be vesting in the President a dispensing power which has no countenance for its support in any part of the Constitution, and is asserting a principle, which, if carried out in its results to all cases falling within it, would be clothing the President with a power entirely to control the legislation of Congress and paralyze the administration of justice.

To contend that the obligation imposed on the President to see the laws faithfully executed implies a power to forbid their execution is a novel construction of the Constitution, and entirely inadmissible …”

38 posted on 09/04/2011 7:55:06 PM PDT by Lmo56 (If ya wanna run with the big dawgs - ya gotta learn to piss in the tall grass ...)
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To: GeronL

Perry is NOT A RINO! There is a lot more involved in Texas than simply the wishes of the Governor. The Legislature controls most things. Immigration control is determined by the Federal government, and Obama refuses.


39 posted on 09/04/2011 8:22:36 PM PDT by Grey Eagle
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To: Steelfish

Our ruling class loves the illegals.
Republican business owners love the cheap labor made possible by the extra bodies in the labor force.
Democrats love the votes, now and in the future, that the illegal folks represent.
We are so screwed.


40 posted on 09/04/2011 8:22:58 PM PDT by rogator
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