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Sen. Cruz to Sec. Johnson: Do you Intend to Abide by the Federal Court Order?
Cruz.Senate.Gov ^ | February 24, 2015 | Senator Ted Cruz

Posted on 02/26/2015 8:50:57 AM PST by SoConPubbie

Sends letter to DHS Sec. Johnson regarding implementation of executive amnesty

WASHINGTON, D.C. - U.S. Sen. Ted Cruz, R-Texas, today sent a letter to Department of Homeland Security Secretary Jeh Johnson questioning whether the Obama Administration plans to comply with the court's injunction to stop President Obama's illegal amnesty in light of President Obama's public comments that DHS would "continue in the planning" of activities the court issued a cease and desist order to stop.

"Violating an unambiguous federal court order by defying its instructions to cease and desist a particular activity would represent a significant breach of your authority, and would be an escalation in abuse of our separation of powers. For a President and his cabinet to telegraph intent to violate a federal court order requires additional scrutiny from Congress," Sen. Cruz said.

Sen. Cruz requested the following information:

1) The precise DAPA program-related and DACA program expansion-related actions, procedures, processes, and/or preparations the Administration intends to continue to implement despite the current federal court order;

2) The specific sources of funding the Administration intends to use to continue to implement the above actions, procedures, processes, and/or preparations, including indications as to whether the funding comes from the general fund of the Treasury or one or more designated offsetting accounts;

3) A clarification of how continuing to prepare for the DAPA program and DACA program expansion does not violate the court order's specific instruction to refrain "from implementing any and all aspects or phases" of the DAPA program and DACA program expansion; and

4) The specific provisions of federal law that you believe permit the Administration to continue to implement the above actions, procedures, processes, and/or preparations in the face of the current federal court order.

Read the full text of the letter below and here.

 

February 24, 2015


The Honorable Jeh Johnson
Secretary
U.S. Department of Homeland Security
Washington, D.C. 20528

Dear Secretary Johnson:

I am writing to you today to confirm that the Obama Administration intends to honor the recently issued federal injunction against both the Administration's Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program and its expansion of the Deferred Action for Childhood Arrivals (DACA) program. Your comments and the President's comments raise serious questions about the Administration's intent to comply with the law and abide by the most basic rules of our American system of government.

As you know, the Administration's DAPA program, which you announced in a memorandum[1] on November 20, 2014, was enjoined last week by U.S. District Judge Andrew S. Hanen of the Southern District of Texas. In granting his Order of Temporary Injunction, Judge Hanen explicitly applied the injunction to "[t]he United States of America, its departments, agencies, officers, agents and employees," and went on to state with clarity that the order "enjoined [the United States government] from implementing any and all aspects or phases of the [DAPA] program as set out" (emphasis added) in the DAPA program memorandum, "pending a final resolution of the merits of this case or until a further order of this Court, the United States Court of Appeals for the Fifth Circuit or the United States Supreme Court." The court order also enjoined any further implementation of the DACA program expansion "pending a trial on the merits or until a further order of this Court, the Fifth Circuit Court of Appeals or the United States Supreme Court."[2]

Your comments, and comments of the President, in the wake of the court order suggest the Administration intends to defy the injunction. In your press release in the wake of the injunction, you stated that, while the Department of Homeland Security recognizes that it "must comply" with the court order pending appeal or further court action, you also stated that the Department "will be prepared to implement DAPA and expanded DACA" at the conclusion of the litigation.[3] President Obama expressed a similar view, stating that the Department would "be prepared to implement [the DAPA program] fully as soon as the legal issues get resolved," will be engaged in "preparatory work [for the DAPA program and DACA program expansion] because this is a big piece of business," and "will continue in the planning because we want to make sure as soon as these legal issues get resolved ... that we are ready to go."[4] This is entirely unacceptable.

Violating an unambiguous federal court order by defying its instructions to cease and desist a particular activity would represent a significant breach of your authority, and would be an escalation in abuse of our separation of powers. For a President and his cabinet to telegraph intent to violate a federal court order requires additional scrutiny from Congress.

In order to help us learn more about the Administration's position, please provide the following information no later than 9:00 a.m. on Friday, February 27, 2015:

1) The precise DAPA program-related and DACA program expansion-related actions, procedures, processes, and/or preparations the Administration intends to continue to implement despite the current federal court order;

2) The specific sources of funding the Administration intends to use to continue to implement the above actions, procedures, processes, and/or preparations, including indications as to whether the funding comes from the general fund of the Treasury or one or more designated offsetting accounts;

3) A clarification of how continuing to prepare for the DAPA program and DACA program expansion does not violate the court order's specific instruction to refrain "from implementing any and all aspects or phases" of the DAPA program and DACA program expansion; and

4) The specific provisions of federal law that you believe permit the Administration to continue to implement the above actions, procedures, processes, and/or preparations in the face of the current federal court order.

My office, the people of the State of Texas, and the American people look forward to your timely response.

Sincerely,

Ted Cruz
Chairman, Subcommittee on Oversight, Agency Action, Federal Rights and Federal Courts
United States Senate Committee on the Judiciary

 

###



TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: cruz; tedcruz
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To: SoConPubbie
He has boxed them into the corner on this issue with this letter.

Team Obama is certain of its hold on the Senate. One Federal Judge has placed an order, a more Obama-compliant Federal Judge may stay that order (or try to) to give the Federal Marshals DOJ cover to do nothing. Pending appeal, pending clarification, pending impact assessment, pending pendingpending ... lawyer stuff. Law vs What's Right Scenario.

At this point, Ted's excellent letter is a praiseworthy rhetorical exercise. Could go to reality. Could go to combat. Could go nowhere. This Jeh Johnson is a total Affirmative Action Nincompoop who knows at least on what side his bread is buttered. It ain't buttered by Ted Cruz.

BTW, that letter is clearly racist.

21 posted on 02/26/2015 9:18:52 AM PST by Kenny Bunk (Direct your anger at the GOP, not Obama.)
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To: SoConPubbie

Mitch lets Cruz get away with this?


22 posted on 02/26/2015 9:20:29 AM PST by Paladin2
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To: allendale



23 posted on 02/26/2015 9:23:35 AM PST by MeshugeMikey ("Never, Never, Never, Give Up," Winston Churchill ><>)
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To: workerbee

DC was told to not ignore Federal law and yet they still went ahead with it and so far not a frigging thing has been done.


24 posted on 02/26/2015 9:26:41 AM PST by manc (Marriage =1 man + 1 woman,when they say marriage equality then they should support polygamy)
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To: MaxMax

No one said anything about Obama. Ted Cruz’ letter was to Jeh Johnson, Head of DHS. Plenty of history exists to back up going after an official in the Executive Branch.


25 posted on 02/26/2015 9:26:45 AM PST by Hostage (ARTICLE V)
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To: Kenny Bunk

The letter itself does nothing but form a record. Records are necessary when preparing to take real action. It’s called laying the groundwork.


26 posted on 02/26/2015 9:29:24 AM PST by Hostage (ARTICLE V)
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To: SoConPubbie

If DHS doesn’t have to follow court orders why should the state of Alabama in the homo marriage issue. Will someone please make a stand somewhere.


27 posted on 02/26/2015 9:33:16 AM PST by wgmalabama
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To: Uncle Miltie
"We get two years of lawlessness..."

Could be a two-way street.
28 posted on 02/26/2015 9:36:03 AM PST by mrmeyer (You can't conquer a free man; the most you can do is kill him. – Robert Heinlein)
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To: Uncle Miltie

“We get two years of lawlessness because Congress will not risk a Federal Government shutdown.”

Exactly.


29 posted on 02/26/2015 9:36:42 AM PST by SharpRightTurn (White, black, and red all over--America's affirmative action, metrosexual president.)
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To: Hostage
Records are necessary when preparing to take real action. It’s called laying the groundwork.

I do not doubt Ted's bona fides as an attorney. However, please allow me to point out that the Republicans (whatever the Hell they are) have laid enough "groundwork" on Obama to create a new state at least the size of Maine.

One might presume that all of this "groundwork" would prove a useful basis for some kind of action. However, Ted notwithstanding, I see no, that's none whatsoever, Republican Senatorial will to use it aggressively on the floor of that august body.

Reminds me of those Civil War relics they find with 17 musket balls and powder charges loaded, but no one ever pulled the trigger.

Why isn't one Republican Senator at least as angry as Rudy Giuliani, Mitch?

30 posted on 02/26/2015 9:38:22 AM PST by Kenny Bunk (Direct your anger at the GOP, not Obama.)
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To: SharpRightTurn; Uncle Miltie
“We get two years of lawlessness because Congress will not risk a fake, half-assed Federal Government shutdown.”

Fixed.

31 posted on 02/26/2015 9:39:10 AM PST by workerbee (The President of the United States is PUBLIC ENEMY #1)
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To: Hostage

All due respect, I do not believe any action will come of this. We are reaching a Bay of Pigs moment. I legitimately believe we are at DEFCON 2 in this country, and we’re a pinprick away from falling off the cliff. Unlike that moment in history, however, I don’t believe we’re going to be pulling away from the precipice.


32 posted on 02/26/2015 9:39:12 AM PST by rarestia (It's time to water the Tree of Liberty.)
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To: Hostage
My point is that nothing can be done if Oba decides on his own to ignore the Judge.
It's my understanding that without Congress it's all just hot air. The FBI might
be able to do something, but there again it's under Oba control and Congress
will not act accordingly and show up for the battle for our Liberty.

This is all about Obama no matter who the letter was sent to, or about.

33 posted on 02/26/2015 9:40:45 AM PST by MaxMax (Pay Attention and you'll be pissed off too! FIRE BOEHNER, NOW!)
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Only Three days to go until March!

FReepers, Let's GIT_R_DONE!


34 posted on 02/26/2015 9:41:07 AM PST by RedMDer (Keep Free Republic Alive with YOUR Donations!)
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To: rarestia

Until that moment arrives, we use and support the Rule of Law.


35 posted on 02/26/2015 9:41:15 AM PST by Hostage (ARTICLE V)
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To: MaxMax

Obama is not going to manufacture millions of hologram ID cards himself. He needs bodies to carry out his directives. Those bodies are subject to prosecution and imprisonment.


36 posted on 02/26/2015 9:42:58 AM PST by Hostage (ARTICLE V)
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To: SoConPubbie; BillyBoy; fieldmarshaldj; AuH2ORepublican; NFHale; sickoflibs
"Johnson's first name (pronounced "Jay") is taken from a Liberian chief, who reportedly saved his grandfather’s life while Dr. Johnson was on a League of Nations mission to Liberia in 1930"

Sorry, no. "Jeh" is not a real name, it's not even a word. It's 3 letters.

Does he have a brother named "Pof" and sister named "Dep"?

37 posted on 02/26/2015 9:45:20 AM PST by Impy (They pull a knife, you pull a gun. That's the CHICAGO WAY, and that's how you beat the rats!)
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To: Hostage
Sounds like a good start and a nice threat. They all take an oath.

The Fed employees do not have the same protections, so let those who break the oath/law, pay.
At least until we get an Adult in the WH it seems to be all that can be done.

38 posted on 02/26/2015 9:47:10 AM PST by MaxMax (Pay Attention and you'll be pissed off too! FIRE BOEHNER, NOW!)
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To: Hostage
Ted Cruz is laying the groundwork here to nail these guys when they get caught.

He wrote a letter, and we all know how they fear those, next he will get really, really mad.

39 posted on 02/26/2015 9:57:33 AM PST by itsahoot (55 years a republican-Now Independent. Will write in Sarah Palin, no matter who runs. RIH-GOP)
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To: Impy

I see it and pronounce/rhyme it like any execrable twit serving the regime can best be described as: “Meh.”


40 posted on 02/26/2015 10:01:03 AM PST by fieldmarshaldj (Resist We Much)
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