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If Obama Tries to Grant Legal Status to Illegal Immigrants, States Should Say 'See You In Court'
American Thinker ^ | 07/31/2014 | By Allan J. Favish

Posted on 07/31/2014 7:48:11 AM PDT by SeekAndFind

It has been reported that President Barack Obama is planning to unilaterally attempt to grant legal status to illegal immigrants.  There is no legal authority for him to do so.  It has been reported that it may not be possible to stop Obama’s action with a lawsuit because nobody would have standing to bring the lawsuit.

Legal experts see any challenge to the expected immigration policy changes headed for the same key roadblock facing House Speaker John Boehner’s planned suit over Obamacare implementation delays: finding a way to show the injury needed to press a case in the federal courts. (snip)

While broad immigration moves clearly have beneficiaries, it’s hard to find a person or entity harmed enough by under-enforcement to have the standing to pursue a case in court.

However, there are a bunch of entities that would have standing to sue the federal government if Obama unilaterally grants legal status to illegal immigrants – the States.

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


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: aliens; amnesty; bordercrisis; illegals; immigration; obama
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1 posted on 07/31/2014 7:48:11 AM PDT by SeekAndFind
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To: SeekAndFind

He’ll do it anyway. He’ll ignore any injunction or restraining order, and just grant amnesty, and whatever legal status he can up to and including full citizenship and voter registration.

He’ll just thumb his nose at the court system and say “you figure out how to clean up the mess I’m causing.”


2 posted on 07/31/2014 7:51:23 AM PDT by Steely Tom (How do you feel about robbing Peter's robot?)
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To: SeekAndFind

No, the state’s should say, “Arrest him now!”


3 posted on 07/31/2014 7:54:17 AM PDT by Common Sense 101 (Hey libs... If your theories fly in the face of reality, it's not reality that's wrong.)
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To: SeekAndFind
I'm not a Constitutional lawyer or sufficiently knowledgeable to comment on this idea. What say everyone out there?
4 posted on 07/31/2014 7:55:49 AM PDT by itssme
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To: itssme

RE: What say everyone out there?

My personal opinion... even if Obama loses in court, it would not amount to a hill of beans.

What are the courts going to do? Send the guards to arrest Obama? What guards? Where?

Heck, his own Atty. General Eric Holder has already been held in contempt of Congress and he’s still there doing his mischief.

The only recourse are the following:

1) STATES TAKE CONTROL OF THEIR BORDERS AND GIVE OBAMA THE FINGER.

2) STATES REFUSE TO TAKE THESE CHILDREN IN AND DARE OBAMA TO FORCE HIS WAY IN.

3) CONGRESS IMPEACH OBAMA AND SENATE REMOVES HIM.

Other than these, I can’t see anything else we can.


5 posted on 07/31/2014 8:00:42 AM PDT by SeekAndFind (If at first you don't succeed, put it out for beta test.)
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To: Common Sense 101



6 posted on 07/31/2014 8:02:15 AM PDT by MeshugeMikey ( "Never, never, never give up". Winston Churchill ...)
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To: SeekAndFind

Do the States really believe they could win in a Federal court????

Even if they did win in court... it still will not erase what has happened.

When the rule of law is cherry picked by those in charge, then we are heading down an extremely dangerous path.

I hope the States take this more serious, than going to a federal court.


7 posted on 07/31/2014 8:04:17 AM PDT by Enlightened1
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To: Common Sense 101

No, the state’s should say, “Arrest him now!”


I certainly wish Gov Perry would say that!

Meantime....a 3,500 sq ft facility is being planned for Clint, TX (just outside of El Paso, TX) to house thousands of these illegals.

Wouldn’t it be much cheaper to stop them from entering? The DC corrupt are all in on the planned invasion.


8 posted on 07/31/2014 8:06:50 AM PDT by Jane Long ("And when thou saidst, Seek ye my face; my heart said unto thee, Thy face, LORD, will I seek")
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To: MeshugeMikey

It seems like the Marxist tries to imitate David Letterman’s monologue style when he speaks to his sheep.


9 posted on 07/31/2014 8:06:51 AM PDT by RedMDer (May we always be happy and may our enemies always know it. - Sarah Palin, 10-18-2010)
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To: itssme

I’m not really convinced about the need for “Constitutional lawyers”. Most of the Constitution is fairly straight forward, and sometimes the source language (British law) has to be consulted, as Mark Levin was doing yesterday about the impeachment clause. Lawyers have the habit of twisting the plain sense of sentences.


10 posted on 07/31/2014 8:09:56 AM PDT by odawg
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To: MeshugeMikey

But, but, but, Arrogant Obama makes it sooooo easy to hate him!

B. Hussein Obama/Barry Soetoro truly is the poster boy for Un-Americanism.

Obama even thinks and speaks like a Marxist!

Will the next anointed Ruler of the DEMOCRAT BROTHERHOOD GOVERNMENT be as easy to hate?

Over-burdened US Taxpayers want to know - - - .


11 posted on 07/31/2014 8:14:23 AM PDT by Graewoulf (Democrats' Obamacare Socialist Health Insur. Tax violates U.S. Constitution AND Anti-Trust Law.)
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To: RedMDer
HES SUCH a Pathetic Little Boy that I almost feel sorry for em.

all that pretense, leaves room for little else.....

keep those cameras ROLLIN!!!


12 posted on 07/31/2014 8:17:19 AM PDT by MeshugeMikey ( "Never, never, never give up". Winston Churchill ...)
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To: Graewoulf

Obie was gifted with special set of genes...

he has the GOOFY GENE....the Shallow Gene....the Utterly Transparent Gene...and the Evil Gene

few if any humans now alive could possibly possess the rare combination of genetic material that accounts for his Unique Buffoon Appeal!


13 posted on 07/31/2014 8:20:19 AM PDT by MeshugeMikey ( "Never, never, never give up". Winston Churchill ...)
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To: SeekAndFind

What if the states just put the kids on a Greyhound and send them to Washington DC? Is Obama going to have the Secret Service turn the buses around? Throw it right back in his face.


14 posted on 07/31/2014 8:38:44 AM PDT by Bucky14 (And I would have gotten away with it too, if not for you meddling kids!)
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To: SeekAndFind

It will then be too late.


15 posted on 07/31/2014 8:59:02 AM PDT by chris37 (heartless)
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To: SeekAndFind

The states should be returning the `foundlings,’ dumped on them by the Obamanites, on Greyhound buses to the sidewalk in front of the White Hut.
It’s no different than someone walking through your unlocked door and asking to live with you. The Republicrat phonies would scream for police if that happened to them.


16 posted on 07/31/2014 9:33:22 AM PDT by tumblindice (America's founding fathers: all armed conservatives.)
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To: SeekAndFind; Steely Tom; Common Sense 101; itssme; MeshugeMikey; Enlightened1; Jane Long; ...
CWII Spark — Because utterly denying state soverignty will go over so well. [/sarc]
Do the States really believe they could win in a Federal court????

It would actually be very easy to do so, essentially causing the federal judge to crap his pants, if they did it a certain way:

  1. Declare a state of invasion.
  2. Because of #1, call up the National Guard to secure the border, with lethal force authorized. (Even encouraged.)
  3. Because of #1, call up the unorganized militia to support/augment the NG in #2, this lends evidence to the enormity of the situation.
  4. Demand that US Constitution, Art 4, Sec 4 be honored.
  5. Use #1, #2, & #3 as evidence for the dire need of #4; this forces FedGov to do one of three things:
    1. Give Support
      This is by far the least likely to happen as it would be egg on the faces of the open borders bloc of political elite.
    2. [Attempt to] Do Nothing
      This is by far the most likely course of action, considering the above; however, the refusal to honor Art 4 sec 4 will further erode respect for Fedgov; it could also be used as a basis for charging federal agents/employees/politicians with Treason under the States's own Constitutions. [Most States have a Treason section defining Treason against the State.]
    3. Attack the State
      This can be done in the functions of any of the three branches; and no matter the avenue is Treason by the US Constitution:
      1. Judicial
        The courts declare the states have no authority to defend themselves — fits the definition of giving aid and comfort to the enemies of the states: IOW, definitionally Treason.
      2. Legislative
        Pass laws forbidding State Defense, Declare Peace, pass amnesty, cut National Guard funding, etc — also fits the definition of giving aid and comfort to the enemies of the several states; note as well that the legislature's immunity to arrest is not proof against Treason.
      3. Executive
        Moving against the States militarily, attempting [mass] arrests, attempting arrests of key people — all enemy action and fitting the definition of treason.
  6. Because of the enormity of #5, federal judges would be wary of being caught in Treason charges either federal or state.
  7. If a judge is not weary, he will add to the growing rejection of the federal government; if that happens then he loses his power and privileged status.
There you have it, in seven points, how this whole thing could be used to gut a huge portion of the federal government.
17 posted on 07/31/2014 9:34:44 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: SeekAndFind
States Should Say 'See You In Court'

"Too little to late".

That's exactly what Obozo is expecting.

By the time it's argued in court many of the illegals will have settled in without fear of reprisal.

18 posted on 07/31/2014 9:42:01 AM PDT by VideoDoctor
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To: OneWingedShark

The problem with that is that a federal judge can pretty much do anything they want whether the laws allows them to do so or not.

The congress already has the power right now to shut Obama down via denying funding to anything he wants to do, but instead congress funds everything and then some.

They are complicit with the tyrant.


19 posted on 07/31/2014 10:52:34 AM PDT by chris37 (heartless)
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To: OneWingedShark

I’m ready to see it... long over due.


20 posted on 07/31/2014 12:09:39 PM PDT by Common Sense 101 (Hey libs... If your theories fly in the face of reality, it's not reality that's wrong.)
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