Patriots: For over 26 years, your generosity has made it possible to offer The Patriot Post without a subscription fee to military personnel, students, and those with limited means. Please support the 2024 Patriots' Day Campaign today.

November 11, 2015

Will Five Justices Give One Man Control of U.S. Immigration Law?

President Barack Obama told the truth — perhaps by accident — when he spoke last November at a Chicago community center. Hecklers shouted at him for not doing enough, in their view, to stop deportations. He responded by defending his new policy. “I understand you may disagree. But we’ve got to be able to talk honestly about these issues. All right?” said Obama, according to the White House transcript.

President Barack Obama told the truth — perhaps by accident — when he spoke last November at a Chicago community center.

Hecklers shouted at him for not doing enough, in their view, to stop deportations. He responded by defending his new policy.

“I understand you may disagree. But we’ve got to be able to talk honestly about these issues. All right?” said Obama, according to the White House transcript.

“Now, you’re absolutely right that there have been significant numbers of deportations. That’s true,” he said. “But what you’re not paying attention to is the fact that I just took action to change the law.”

Yes, Obama put it in the first-person singular: ‘I just took action to change the law.“

What law did Obama change?

Homeland Security Secretary Jeh Johnson had announced that DHS was expanding its Deferred Action for Childhood Arrivals program and creating a new program called Deferred Action for Parents of Americans and Lawful Permanent Residents.

The former granted "lawful presence,” work authorization and the ability to get Social Security Numbers to illegal immigrants who came to the United States as minors. The latter granted these things to illegal immigrants who were the parents of citizens or legal permanent residents.

An estimated 4.3 million illegal immigrants would be eligible for DAPA.

Twenty-six states, including Texas, sued to stop Obama from unilaterally making this change in the law.

The administration argued in federal court that this policy Obama himself had described as a “change” in the law was in fact merely an exercise of prosecutorial discretion.

But an act of prosecutorial discretion is discrete and finite: A prosecutor decides not to press charges against a person for a particular offense that has already been committed. The prosecutor does not say: I hereby license you to break that law with impunity in the future.

In a brilliant opinion published in February, U.S. District Judge Andrew Hanen explained that “prosecutorial discretion” did not properly describe what the Obama administration was trying to do with DAPA.

“Instead of merely refusing to enforce the INA’s (Immigration and Nationality Act) removal laws against an individual, the DHS has enacted a wide-reaching program that awards legal presence, to individuals Congress has deemed deportable or removable, as well as the ability to obtain Social Security numbers, work authorization permits, and the ability to travel,” said the judge. “Absent DAPA, these individuals would not receive these benefits.”

“Exercising prosecutorial discretion and/or refusing to enforce the law does not entail bestowing benefits,” he wrote. “Non-enforcement is just that — not enforcing the law. Non-enforcement does not entail refusing to remove these individuals as required by the law and then providing three years of immunity from that law, legal presence status, plus any benefits that may accompany legal presence under current regulations.”

Hanen pointed out — referring to Obama’s speech in Chicago — that Obama himself had taken credit for changing the law.

“The government must concede that there is no specific law or statute that authorizes DAPA,” said the judge. “In fact, the president announced it was the failure of Congress to pass such a law that prompted him (through his delegate, Secretary Johnson) to 'change the law.’”

“The DHS secretary is not just rewriting the laws; he is creating them from scratch,” said Judge Hanen.

This week, the majority of a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit echoed Judge Hanen’s reasoning and upheld the injunction he imposed on Obama’s “change” of law.

The administration immediately announced it would appeal this ruling to the Supreme Court.

This year, five members of the Supreme Court decided that there is a constitutional right for two people of the same sex to marry — and, thus, that children have no right to a mother (or a father).

Last week, the Supreme Court decided it would take up the case the Little Sisters of the Poor are fighting against the Obama administration. In this case, five justices could decide that the administration can force Catholic nuns — and other Christians — to cooperate in its plan to deliver abortion-inducing drugs and devices through employer-based health care plans.

In this new case, five justices may get to decide if one man can change this nation’s immigration laws.

COPYRIGHT 2015 CREATORS.COM

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.