Shortly before the Thanksgiving holiday week, President Barack Obama
finally made his long-anticipated announcement that he would
unilaterally bypass Congress and “make changes” to our nation’s immigration laws.
The actions that Obama took mostly center around deferring deportations for certain select illegal immigrants. Furthermore, on top of deferring deportations, which would conceivably be covered under the administration’s claims of “prosecutorial descretion“, the administration is also offering a sort of “path to legalization”, based entirely on criteria made up by the administration itself.
Such a move is a blatant violation of the Constitutional separation of powers. The Legislative branch, Congress, is the branch that makes up law, and sets criteria for the implementation of the law. The Executive branch, the President and his agencies, are tasked with enforcing the laws, as they are set by Congress.
Obama’s deliberate and willful move to ignore Congress and the American people, and set law on his own, certainly caught the attention of Texas Attorney General and Governor-Elect Greg Abbott, who immediately threatened to sue the administration over the Executive action. According to Fox News, that lawsuit has now been joined by 16 other state Attorney’s General.
Abbott made clear in a statement and press conference announcing the additional support for the lawsuit that Congress is where immigration policy is supposed to be set, and certainly not by Presidential “fiat”.
“The President’s unilateral executive action tramples the U.S. Constitution’s Take Care Clause and federal law. The Constitution’s Take Care Clause limits the President’s power and ensures that he will faithfully execute Congress’s laws – not rewrite them under the guise of ‘prosecutorial discretion.’ The Department of Homeland Security’s directive was issued without following the Administrative Procedure Act’s rulemaking guidelines and is nothing but an unlawfully adopted legislative rule: an executive decree that requires federal agencies to award legal benefits to individuals whose conduct contradicts the priorities of Congress.
“The President is abdicating his responsibility to faithfully enforce laws that were duly enacted by Congress and attempting to rewrite immigration laws, which he has no authority to do – something the President himself has previously admitted. President Obama’s actions violate the Take Care Clause of the U.S. Constitution and the Administrative Procedure Act, which were intended to protect against this sort of executive disregard of the separation of powers.”
The multistate coalition includes: Alabama, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Mississippi, Montana, Nebraska, North Carolina, South Carolina, South Dakota, Texas, Utah, West Virginia and Wisconsin.
Hopefully, even more states will join in on the lawsuit, and Obama’s amnesty will be declared unconstitutional and illegal by the federal courts.
Ironically, while the administration is about to get sued for making moves on it’s own regarding illegal immigration, it is also being sued by illegal immigrants themselves, for not taking even more action to legalize illegals and halting all deportations.
The actions that Obama took mostly center around deferring deportations for certain select illegal immigrants. Furthermore, on top of deferring deportations, which would conceivably be covered under the administration’s claims of “prosecutorial descretion“, the administration is also offering a sort of “path to legalization”, based entirely on criteria made up by the administration itself.
Such a move is a blatant violation of the Constitutional separation of powers. The Legislative branch, Congress, is the branch that makes up law, and sets criteria for the implementation of the law. The Executive branch, the President and his agencies, are tasked with enforcing the laws, as they are set by Congress.
Obama’s deliberate and willful move to ignore Congress and the American people, and set law on his own, certainly caught the attention of Texas Attorney General and Governor-Elect Greg Abbott, who immediately threatened to sue the administration over the Executive action. According to Fox News, that lawsuit has now been joined by 16 other state Attorney’s General.
Abbott made clear in a statement and press conference announcing the additional support for the lawsuit that Congress is where immigration policy is supposed to be set, and certainly not by Presidential “fiat”.
“The President’s unilateral executive action tramples the U.S. Constitution’s Take Care Clause and federal law. The Constitution’s Take Care Clause limits the President’s power and ensures that he will faithfully execute Congress’s laws – not rewrite them under the guise of ‘prosecutorial discretion.’ The Department of Homeland Security’s directive was issued without following the Administrative Procedure Act’s rulemaking guidelines and is nothing but an unlawfully adopted legislative rule: an executive decree that requires federal agencies to award legal benefits to individuals whose conduct contradicts the priorities of Congress.
“The President is abdicating his responsibility to faithfully enforce laws that were duly enacted by Congress and attempting to rewrite immigration laws, which he has no authority to do – something the President himself has previously admitted. President Obama’s actions violate the Take Care Clause of the U.S. Constitution and the Administrative Procedure Act, which were intended to protect against this sort of executive disregard of the separation of powers.”
The multistate coalition includes: Alabama, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Mississippi, Montana, Nebraska, North Carolina, South Carolina, South Dakota, Texas, Utah, West Virginia and Wisconsin.
Hopefully, even more states will join in on the lawsuit, and Obama’s amnesty will be declared unconstitutional and illegal by the federal courts.
Ironically, while the administration is about to get sued for making moves on it’s own regarding illegal immigration, it is also being sued by illegal immigrants themselves, for not taking even more action to legalize illegals and halting all deportations.
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