[Liz]

In May, Judge Andrew Hanen of the U.S. District Court for the Southern District of Texas said DOJ lawyers intentionally misled him while the DACA immigration lawsuit against the Obama admin was before him in its early stages -- accusing the DOJ of a "calculated plan of unethical conduct."

Hanen said both he and opposing counsel were assured that the government would not start implementing an expansion of the immigration program until Feb. 18, 2015, but the government implemented a part of the program before February and the DHS had already granted relief preventing deportation under the immigration programs to more than 100,000 illegal immigrants while the programs were being challenged in court. Hanen accused DOJ lawyers of deliberately hiding the facts.

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Obama signing immigration orders on AF One. Both orders are on the WH web site.

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<><> The first of Obama's presidential action memos is entitled: “Creating Welcoming Communities Fully Integrating Immigrants and Refugees,” filed Nov. 26 in the Federal Register at Vol. 79, No. 228, (http://www.gpo.gov/fdsys/pkg/FR-2014-11-26/html/2014-28191.htm).

In the category “Presidential Documents” at page 70769, Obama ordered a White House Task Force on New Americans to “engage with community, business, and faith leaders, as well as State and local elected officials.” The task force is designed to “help determine additional steps the Federal Government can take to ensure its programs and policies are serving diverse communities that include new Americans.”

<><> The second of the presidential actions entitled, “Modernizing and Streamlining the U.S. Immigration Visa System for the 21st Century,” filed Nov. 26 in the Federal Register at Vol. 79, No. 228, in the category “Presidential Documents” at page 70765 (http://www.gpo.gov/fdsys/pkg/FR-2014-11-26/html/2014-28191.htm).

This empowered the secretaries of State and Homeland Securityin consultation with the director of the Office of Management and Budget, the director of the National Economic Council, the assistant to the president for homeland security and counterterrorism, the director of the Domestic Policy Council, the director of the Office of Science and Technology Policy, the attorney general, and the secretaries of Agriculture, Commerce, Labor and Education.

The order was to make a series of recommendations “to reduce government costs, improve services for applicants, reduce burdens on employers, and combat waste, fraud, and abuse in the system” of issuing immigrant and non-immigrant visas. Read more at http://www.wnd.com/2014/12/amnesty-shocker-the-secret-behind-obamas-order/#4OPdzIoJFRwXopUU.99

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The scam works this way: signed Boobamba memos "delegate" to federal agencies orders to come up with plans (that must advance Boobamba's global conspiracy to overthrow the US govt w/ Third World federales and their cadres jumping the US border).

The federal agencies then "invent" Committees to do this (the better to overthrow the US govt). Then "Administrative Rules," after a comment period, will be published in the "Code of Federal Regulations," which magically turns them into law........ using federal fairy dust.

So Boobamba is shielded from responsibility---he doesn't have to take the hit. Behind closed doors, he tells federal factotums what he wants.....and faster than you can say "the combo plate w/ extra hot sauce".....the overthrow of the US govt commences.

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THE "DELEGATION" HORROR STORY--A Federal agency MO since 1946. It's down to a science: (1) publish a Notice of Proposed Rulemaking (NPRM), (2) make the comment period really short, (3) stonewall any negative comments, and, (4) publish the rule, which (5) NOW has the force of US law. No Congressman was ever involved, and Boobamba doesn't leave his DNA on it. Yet again, why "Delegation" is ominous for liberty---why the writing of administrative law by federal agencies - is un-Constitutional (hat tip to FReeper Regulator.)

[henkster]

Posters on this thread are missing the real backstory on this issue. Judge Hanen is hearing the suit of Texas v. United States, challenging the Constitutionality of DHS’ “DAPA” policy of deferred action against a whole class of illegal immigrants. Judge Hansen granted Texas a preliminary injunction against the policy, and that is the decision that was affirmed by the 5th Circuit Court of Appeals, and “affirmed” in the SCOTUS in a tied 4-4 Per Curiam opinion. That sent the case back to Judge Hanen to try the case on the merits under the guidance of the 5th Circuit opinion.

In order to grant the preliminary injunction, Judge Hanen had to find it was likely for Texas to prevail upon the merits of the case. In so doing, he looked at the companion DACA program, which was implemented prior to DAPA. (DACA has not been successfully Constitutionally challenged. Mississippi and the Border Patrol union tried but found to have no standing to sue in Crane v. Johnson). In reviewing the DACA program, Judge Hanen found that there were no examples of a DACA applicant being turned down where they met minimal application requirements. Because of that, he found that the DACA program was not an exercise of discretion but instead the de facto creation of a new class of alien, which DHS was not authorized to do without Congressional action.

Since DAPA is the same program targeted to a different type of alien, Judge Hanen found it was the same unconstitutional creation of a new class of alien, and ordered the program halted.

But what the government did was go ahead and process DAPA applications, and lied to the Judge about it. Clearly unethical behavior, but done with a legal purpose. The purpose was to randomly draw some names out of the stack of applications and deny them. “See Judge, we ARE exercising discretion.” So when the case gets set for trial on the merits, the government can be expected to offer proof of their “discretion” and save the program.

The question is whether Judge Hanen will allow such evidence when it was obtained in under false pretenses of telling the Judge they were NOT processing DAPA applications.

Of course, this is all moot. Either Hillary Clinton will appoint the deciding 5th Justice for SCOTUS, who will rubber-stamp the approval of the DAPA program, or Donald Trump will rescind the program by executive order, and make further litigation moot.