Posted on 09/01/2017 9:48:12 AM PDT by Enlightened1
House Speaker Paul Ryan on Friday gave a major boost to legislative efforts to preserve protections for young undocumented immigrants -- and urged President Donald Trump to not tear up the program.
Responding to a question about Deferred Action for Childhood Arrivals, or DACA, on his hometown radio station WCLO in Janesville, Wisconsin, Ryan said Congress was working on a legislative fix to preserve the program. "I actually don't think he should do that," Ryan said of Trump's consideration of terminating the program. "I believe that this is something that Congress has to fix."
Ryan's statement offers the most public support by anyone in the Republican congressional leadership for some sort of legislation to protect the "Dreamers" under DACA. The popular Obama administration program -- which gives protections from deportation to undocumented immigrants that were brought to the US as children to work or study -- has long been targeted by Republicans as an overreach of executive authority. Nevertheless, a number of moderate Republicans alongside Democrats support the program and have offered legislation that would make the protections permanent. Ryan, who worked on comprehensive immigration reform before he became part of House leadership, endorsed that approach in the interview. "President (Barack) Obama does not have the authority to do what he did ... we've made that very clear," Ryan said in the radio interview. "Having said all of that, there are people who are in limbo. These are kids who know no other country, who were brought here by their parents and don't know another home. And so I really do believe there that there needs to be a legislative solution."
(Excerpt) Read more at cnn.com ...
Good points...
If you violate the statute— We want you gone. You cant rob a grocery store because you are “hungry” !! You cant rob a bank because your mortgage is due!!!
Filthy bastard.
PRESIDENT Trump owes you no favors, Speaker Ryan. He was elected by the people for many things, including stopping the influx of illegals.
That tells you everything.
Ryan has got to go.
Popular? Among whom? Democrats bringing busloads of illegals to vote for them? (Or whatever; please excuse my grammar, LOL!)
We can’t just blame Ryan, the whole Republican House makes him Speaker, keeps him as Speaker. It’s a game, they get to be traitors without taking the direct hit.
Dirtbag open borders chamber of commerce scumball paul ryan can help illegal aliens take american jobs but cant pass trumps legislative agenda. This piece of human garbage should be tarred, feathered than hanged. Along with his family and the chamber of commerce slimeball tom donohue, traitors to America.
What a POS Ryno is!
Wouldn’t go that far, but he should be tared, feathered, and sent out of Washington, D.C. on a rail.
I do believe what he is doing verges on sedition.
I think Trump may be using DACA as a bargaining chip. Perhaps keeping some part of DACA in exchange for.. say... funding of the border wall.
The speaker of the house requesting that the president refuse to enforce the laws that Congress passed. If Ryan wants these people to stay, all he needs to do is ram a bill through Congress granting these people the right to stay. Instead he is encouraging the president to violate his oath of office.
Kris Kobach:
An important deadline is approaching for the Trump Administration. By September 5, President Trump must decide whether or not to repeal President Obamas DACA (Deferred Action for Childhood Arrivals) executive amnesty for illegal aliens.
The deadline was set by ten States, whose attorneys general (or governor, in the case of Idaho) wrote to Attorney General Jeff Sessions demanding an end to the illegal amnesty. The States are Alabama, Arkansas, Idaho, Louisiana, Kansas, Nebraska, South Carolina, Tennessee, Texas, and West Virginia. If DACA is not terminated, the States will take the Trump Administration to court.
Candidate Trump promised during the 2016 campaign that he would end DACA. On August 31, 2016, in Phoenix he correctly described DACA as an illegal executive amnesty. And he promised that he would [i]mmediately terminate President Obamas two illegal executive amnesties in which he defied federal law and the Constitution. It is time to make good on that promise.
The DACA amnesty allows virtually any illegal alien up to the age of 31 (as of June 15, 2012, when it was announced) who claims that he entered the United States before the age of 16 to gain deferred action and lawful presence in the United States. The alien also becomes eligible for employment authorization. In practice, today illegal aliens up the age of 36 are getting the amnesty. Its not limited to children as the Left is so eager to pretend. Its estimated that the DACA amnesty could extend to approximately 1.7 million illegal aliens. More than 886,000 have already applied for, and received, the amnesty.
The Obama Administration attempted to defend the legality of DACA on a flimsy theory that has already been rejected by multiple courts that prosecutorial discretion can be used to confer the benefit of lawful presence on millions of illegal aliens, en masse, without any action by Congress. The theory is ridiculous on its face. Prosecutorial discretion is a decision not to prosecute a specific person based on the evidence at hand; it is not a mass changing of legal status for millions of people.
If the States sue, they will win. As a legal question, its not even close. DACA is not illegal for just one reason. Its illegal for at least five reasons three violations of federal law and two violations of the United States Constitution:
Federal law violations:
8 USC 1225(b)(2). This statute requires that any alien an ICE officer determines to be inadmissible shall be placed in removal proceedings. Congress passed this law in 1996 to stop the catch and release policies of the Clinton Administration. Incredibly, DACA orders ICE agents to break this law. In 2012, in the case of Crane v. Napolitano, I represented 10 ICE agents who sued the Obama Administration to stop DACA. Although the Fifth Circuit Court of Appeals eventually ruled that the ICE agents didnt have standing, the district court in the Northern District of Texas had already held that we were likely to succeed on this claim.
The Administrative Procedure Act (APA). Even if there werent a statutory barrier to a president issuing the DACA directive, the Department of Homeland Security would still have to promulgate a formal regulation (or rule), with notice and public comment, under the requirements of the APA. The Obama Administration violated this federal law as well when it created DACA. The Fifth Circuit already came to this conclusion in Texas v. United States, a case which resulted in an injunction halting the second Obama executive amnesty (which was based on the same theory as DACA).
Prosecutorial discretion cannot be used to confer federal benefits. Prosecutorial discretion is a decision not to prosecute; it is not a legally-permissible mechanism for granting lawful presence or the valuable benefit of employment authorization. Federal law lays out the only avenues for obtaining either. And DACA doesnt follow those avenues. The Fifth Circuit reached this conclusion as well in Texas v. United States.
United States Constitution violations:
The Constitutional Separation of Powers. The granting of the right to remain in the United States, plus employment authorization, to a large number of aliens is a legislative action, not an executive action. The DREAM Act legislative amnesty, which DACA mimics, has been introduced and has failed in Congress more than twenty times since 2001. If someday Congress decides to enact the DREAM Act, Congress may do so. But a president may not usurp Congresss authority, as President Obama did, by imposing the DACA amnesty on the country through executive fiat.
Article 2, section 3, of the U.S. Constitution. This section of the Constitution requires the president to take care that the laws be faithfully executed. The DACA amnesty is an express order not to execute the multiple federal laws that render these aliens unlawfully present. An order not to enforce the law against 1.7 million specially-designated aliens is a clear violation of this constitutional provision.
Any single one of these legal claims is sufficient to torpedo DACA in court. And three have already been given credence by the courts. Attorney General Sessions knows this. As he correctly told the Senate Judiciary Committee in January, DACA is very questionable, in my opinion, constitutionally. He is undoubtedly reluctant to defend this blatantly illegal executive amnesty.
The Department of Justice cant win the case. The Fifth Circuit has already ruled on the central legal question, and that is where the case would be heard. The Trump Administration would lose in court, and the president would lose a significant section of his political base as well. DACA is inconsistent with the rule of law, inconsistent with the presidents own promises, and inconsistent with the presidents principled stand against illegal immigration. It must end.
I've met his wife and children. Leave them out of this.
May Paul Ryan choke on a hot dog during his next meal with nobody around to help. There, I said it....
Paul Ryan cares far more about some LAW BREAKER who snuck into the country from El Salvador than about me, a US Citizen born in Ohio.
Message RECEIVED and UNDERSTOOD.
Ryan needs to resign. He is a Democrat. Arrrghhh!!!
Negative. It was done by executive action, it should be ended by executive action.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.