President Obama, in a primetime speech on November 20th executive actions his administration would take to deal with illegal immigrants living in the U.S. His plan calls for the creation of one new amnesty program while expanding another. First, illegal immigrants who have been in the United States for at least five years and are the parents of U.S. citizens or legal residents will be able to obtain a three year work permit, allowing them to acquire a driver’s license and Social Security number.
In addition, the Deferred Action for Childhood Arrivals (DACA) will be expanded to
include any illegal immigrant who entered the U.S. as a minor before 2010 will also be eligible for amnesty, allowing them to obtain work permits, driver’s licenses and Social Security cards. It is estimated nearly 4 illegal immigrants qualify for these programs.
Most media outlets report these changes are a result of an executive order rather than
executive action but this is not the case. Currently, no immigration executive order has been signed by President Obama and the only modifications have occurred through memos implementing changes at the Department of Homeland Security (DHS).
These terms are not interchangeable. Executive orders are legally binding and published
in the Federal Register. Executive actions are informal proposals that are not legally binding. Both can be invalidated by the courts or legislation passed by Congress.
President Obama himself, on more than 20 occasions, noted the illegality of his recent
amnesty actions. As recently as this spring, Obama told Univision,
“But what I’ve said in the past remains true, which is until Congress passes a new law, then I am constrained in terms of what I am able to do. …at a certain point the reason that these deportations are taking place is, Congress said, ‘you have to enforce these laws.’ They fund the hiring of officials at the department that’s charged with enforcing. And I cannot ignore those laws any more than I could ignore, you know, any of the other laws that are on the books.”
Article 1, section 8, clause 4 of the Constitution empowers Congress, “To establish a
uniform rule of naturalization.” This means Congress has sole authority on which foreigners will become citizens.
President Obama was correct when he stated multiple times that he did not have the
authority to grant amnesty to illegals as that is a responsibility of Congress. The president’s has clearly seized power from Congress that the Constitution does not grant him.
By: Matt Wilhelm – DontComply.com
Phoenix is the Co-Founder of DontComply.com, ComeAndTakeItAmerica.com, and host of the Don't Comply Radio Show.
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