Skip to comments.Obama Claims Power to Make Illegal Immigrants Eligible for Social Security, Disability
Posted on 04/06/2016 2:33:08 PM PDT by Kaslin
Does the president of the United States have the power to unilaterally tell millions of individuals who are violating federal law that he will not enforce that law against them now, that they may continue to violate that law in the future and that he will take action that makes them eligible for federal benefit programs for which they are not currently eligible due to their unlawful status?
Through Solicitor General Donald Verrilli, President Barack Obama is telling the Supreme Court exactly this right now.
The solicitor general calls what Obama is doing "prosecutorial discretion."
He argues that under this particular type of "prosecutorial discretion," the executive can make millions of people in this country illegally eligible for Social Security, disability and Medicare.
On April 18, the Supreme Court will hear arguments in the case. Entitled United States v. Texas, it pits President Obama against not only the Lone Star State, but also a majority of the states, which have joined in the litigation against the administration.
At issue is the policy the administration calls Deferred Action for Parents of Americans and Lawful Permanent Residents, which would allow aliens in this country illegally who are parents of citizens or lawful permanent residents to stay in the United States.
"The Executive Branch unilaterally created a program -- known as DAPA -- that contravenes Congress's complex statutory framework for determining when an alien may lawfully enter, remain in, and work in the country," the attorney general and solicitor general of Texas explained in a brief submitted to the Supreme Court on behalf of the states seeking to block the policy.
"DAPA would deem over four million unlawfully present aliens as 'lawfully present' and eligible for work authorization," says the Texas brief. "And 'lawful presence' is an immigration classification established by Congress that is necessary for valuable benefits, such as Medicare and Social Security."
In the administration's brief, the solicitor general admits that the president's DAPA program does not convert people illegally in the United States into legal immigrants. He further asserts that the administration at any time can decide to go ahead and remove these aliens from the country.
"Deferred action does not confer lawful immigration status or provide any defense to removal," he says. "An alien with deferred action remains removable at any time and DHS has absolute discretion to revoke deferred action unilaterally, without notice or process."
Despite this, he argues, the administration can authorize aliens here illegally on "deferred action" to legally work in the United States.
"Without the ability to work lawfully, individuals with deferred action would have no way to lawfully make ends meet while present here," says the administration's brief.
Nonetheless, the solicitor general stresses that "deferred action" does not make an illegal immigrant eligible for federal welfare.
"In general," he says, "only 'qualified' aliens are eligible to participate in federal public benefit programs, and deferred action does not make an alien 'qualified.'... Aliens with deferred action thus cannot receive food stamps, Supplemental Security Income, temporary aid for needy families, and many other federal benefits."
But, he says, aliens here illegally with deferred action will be eligible for "earned-benefit programs."
"A non-qualified alien is not categorically barred, however, from participating in certain federal earned-benefit programs associated with lawfully working in the United States -- the Social Security retirement and disability, Medicare, and railroad-worker programs -- so long as the alien is 'lawfully present in the United States as determined by the (Secretary),'" says the solicitor general.
The "secretary" here is the secretary of Homeland Security.
"An alien with deferred action is considered 'lawfully present' for these purposes," says the solicitor general.
So, as explained to the Supreme Court by Obama's solicitor general, when DHS grants an alien here illegally "deferred action" under the president's DAPA policy, that alien is not given "lawful immigration status" and can be removed from the country "at any time." However, according to the solicitor general, that alien will be authorized to work in the United States and will be "considered 'lawfully present'" for purposes of being eligible for "the Social Security retirement and disability, Medicare, and railroad-worker programs."
The U.S. Constitution imposes this straightforward mandate on the president: "(H)e shall take care that the laws be faithfully executed."
When the Supreme Court agreed in January to hear U.S. v. Texas, it made a telling request. It asked the parties to argue whether Obama's DAPA policy "violates the Take Care Clause of the Constitution."
The Obama administration has taken care of just one thing here: It has constructed a convoluted -- and unconvincing argument -- it hopes will provide the activists on the Supreme Court with a cover story to explain why this president need not faithfully execute the nation's immigration laws.
If only there was an opposition party....
Son of a she-dog.
The worst is yet to come...This anti-American still has 9 months left to destroy what America is....
“This anti-American still has 9 months left to destroy what America is....”
Scorched earth 2016.
What about his own false SS number, from a state in which he never lived?
This is what all the liberal fools put in office....
Years ago this would rise to the level of impeachment.
Waiting for GOP to push back...
Just remember who put this miscreant in office. Do not EVER forget who they are.
He has the power. He just doesn’t have the right. It’s called “dereliction of duty,” and is, I believe, an impeachable offense.
Past time to clean house in Washington.....
At what point do we just grab the torches and pitchforks and explain our disagreement that way?
I expected these tactics by Obama. I never expected the GOP to follow and do nothing.
Yeah, but who is going to impeach him??? Not the “establishment elite”...
So he decides how to spend our tax dollars. The United States Treasury is his to dole out as he wishes.
The congress let him get away with too much and now we are paying the price, literally.
I guess if you worked many long and hard years to accumulate social security benefits you are a sucker. Obama and his minions in the congress have nothing but disdain for the American taxpayer.
Anyone here who has a case of CDS or TDS had better think long and hard about sitting out this Election because their Preferred Candidate may not be the eventual Republican Nominee.
If people think that things will just remain the same (as bad as they are) if a DemocCrat is Elected POTUS, think again. It will be a turning point to which there will be no coming back for our Country.
Just my $.02, your Mileage may vary.
The first presidential executive order in American history that would be subject to a federal racketeering charge based on a scheme enabling people illegally using false social security cards to collect federal funds as a consequence of their criminal activity. But do not expect Obama to prosecute himself thru his AG any time soon.
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