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.
The rinos, including those who are now friends with Cruzz, will say this is all about bringing them out of the shadows? And by “participating” it means they’re paying into the system.
I'd suggest making an app so that millennials have a clue what a pitchfork is, and you should likely start working on the permits now with the EPA for the torches - do make sure you follow the local no burn day declarations by the local air quality management district. Perhaps adding a flickering (but non threatening) light on the app would serve appropriately.
As for timing, sometime between the Cruz concession speech and the swearing in of the next president might be a good time.
Don’t be totally surprised if he’s still in office after 9 months. All he needs is one good crisis to justify a “temporary extension” of his administration. All of course in the name of “promoting national stability in this time of unprecedented challenges facing the country”.
Total destruction. Transformation. Next he will make them eligible to vote. Thus outvoting us.
I think the GOPe might of had a hand in electing Obola. Putting up the “Maverick” and “Milt” pretty much assured a loss.
I believe that could cause a revolt....
He has the power. He just doesn’t have the right. It’s called “dereliction of duty,” and is, I believe, an impeachable offense.”
If I had my druthers, I would BROOM 100% of the Congress, and when done, pass term limits immediately!
Well that’s the purpose of enlarging the demonrat field
The majority of voters. This Nation will not remain free if the ballot box is the only resource.
Presidents can’t make illegal aliens legal and give them working papers, but he has done just that with DACA.
In July of 2012 when he started illegally making illegal aliens legal, the opposition party in Congress should have been in court the next day seeking an injunction.
But we don’t have one of those.
It took the states to stop his next usurpation of power with DAPA, they currently have an injunction against him restraining him from illegaly making any more illegal aliens legal.
The problem for the citizens is we don’t have anyone on our side, both parties are on the side of the illegal aliens and their employers.
GOP - won’t push back against an anti- American Affirmative Action half black thug because they don’t have the stones to be called racists for defying a man as much white as he is black.. just Pitiful
For GOD’s sake, IMPEACH THE M*TH*R F*CK*R!!!!!!!!!!!!
If our ch*ck*n sh*t republican reps won’t then we......
Yes it is.
“This is what all the liberal fools (ESTABLISHMENT) put in office....”
corrected!!!!!!!!!!
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.
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Yes, the point MUST be made that whether you intend on voting for whatever is cast upon us, it is important to get out and vote for the Congressional and Senatorial PLUS local elections.
A real msg would be sent to GOPe if 60 or so percent voted but only 30 percent voted for their ‘trick pony’.
I would like to see a huge write in on a grass roots level but do agree it will be an impossibility as we can’t even agree to be civil to each other here, on this site, where we are at least supposed to have the same goal in mind.
Term limits definitely need to be in place...Eliminate the “professional politician”...
Not being argumentative, but who in congress would step up to stop him? The USSC is a joke. The media would side with him of course and run non-stop propaganda hailing his selfless sacrifice staying on as president to get us through the great crisis.
He will ensure that government benefits and largesse continue so the masses will be mollified. Where have we seen bread and circuses before? It works (at least for awhile).
I’M NOT PAYING FOR THIS! F YOUR TAXES! YOU ANTI AMERICAN MUSLIM HALFBREED!
Don’t forget when they were legalizing all these people they were (I don’t know if they are) saying they had to go back and file three years of income taxes, which basically meant claiming three years of earned income credit, child tax credits, all adding up to tens of thousands of free money for the illegals.
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