Wednesday, April 8, 2015
Americans Reject Obama Amnesty while He Fights in Court but Does Little to Stop Southern Border Illegal Entry Crisis
Late yesterday, US District Judge Andrew Hanen in Brownsville, Texas, refused to lift a temporary injunction that prevents the use of President Obama's executive action that would shield 5 million immigrants from deportation. Judge Hanen rejected the US Department of Justice request that he allow the action to go ahead. Judge Hanen granted the temporary injunction on February 16 at the request of 26 states that oppose Obama's action. Hanen's latest ruling means that the Obama administration continues to be temporarily barred from implementing its new illegal immigrant amnesty policies. The Justice Department has also appealed to a higher court, the 5th US Circuit Court of Appeals in New Orleans, to lift Hanen's injunction. The appeals court will hear arguments on April 17. In his order Tuesday denying the government's request, Hanen said the government hasn't "shown any credible reason for why this Directive necessitates immediate implementation." There was no immediate comment from the White House. The coalition of 26 states, led by Texas, filed the lawsuit to overturn Obama's executive action, arguing that it is an unconstitutional excessive use of executive powers and would force them to invest more in law enforcement, health care and education. Texas Attorney General Ken Paxton said in a statement on Tuesday that the Obama Administration misled the court regarding early implementation of expanded work permits to illegal immigrants. At issue was a US government filing that said some 100,000 people had been given three-year periods of deferred action before the judge's injunction. "Any premature implementation could have serious consequences, inflicting irreparable harm on our state, and this ruling is key in determining the extent to which the federal government did not present the full truth in this case," Paxton said. But Judge Hanen, while recognizing that he could punish the DOJ, wrote that the real issues at stake are too important to be decided on such a basis and should be fully argued and decided on their constitutional substance. ~~~~~ And, at the same time, the Fifth District Court of Appeals upheld the dismissal of another lawsuit -- against an Obama administration DACA program that delays deportations of illegal aliens who came to the US as children. This is a different case than the challenge in Judge Hanen's court about whether President Obama’s expanded immigration executive actions can proceed. In the Fifth Circuit's decision, the court's three-judge panel ruled unanimously that the plaintiffs, the state of Mississippi and agents from Immigration and Customs Enforcement (ICE), did not provide enough evidence to prove they were harmed by the 2012 Deferred Action for Childhood Arrivals (DACA) program that allows qualifying illegal immigrants to apply for work permits. The panel said the only costs shown by the plaintiffs related to costs for illegal immigrants generally, not specific to the Obama program. The ruling also notes that focusing deportation efforts might relieve some burdens on the state : “It could be that the reallocation of DHS assets is resulting in the removal of immigrants that impose a greater financial burden on the state,” wrote the three judges, a Reagan appointee, a Carter appointee and a George W. Bush appointee. The decision said : “We conclude that neither the agents nor the state of Mississippi has demonstrated the concrete and particularized injury required to give them standing to maintain this suit." Concerning the second issue, the ICE agents’ argument that they would receive retribution if they detained an llegal immigrant eligible for DACA, the court sided with ICE and DHS, referencing handbooks and rules which forbid the administration from retribution. ~~~~~ Rulings of one three-judge panel on legal issues are binding on other panels of the appeals court, including the Fifth Circuit panel expected to hear arguments on the Obama administration’s request to stay Hanen’s injunction against the second wave of Obama immigration actions. Judge Hanen's February decision included an injunction against Obama’s decision last year to expand the DACA program to give quasi-legal status and work permits to millions more illegal immigrants who arrived in the US as minors. Legal experts say the unanimous ruling by a three-judge panel in one of the most conservative courts in the federal system may show how the Fifth Circuit might rule on a similar order Obama issued in November benefitting a broader cross- section of immigrants. ~~~~~ Meanwhile, the Washington Times reports that the second wave of unaccompanied illegal immigrant children has begun, with more than 3,000 of them flooding across the Mexican border into the US in March. This was the highest rate since the peak of last summer’s crisis and a warning that another rough season could be ahead. Immigration officials warned that they expect another surge as the weather improves. Although the numbers are down some 40% compared with last year’s chaotic pace that sparked a political crisis for the Obama administration, 2015 is shaping up to be the second-biggest surge on record. Authorities report having captured 15,647 children traveling without parents who crossed the border in the past six months, compared to 28,579 captured for the same period on 2014. And, family units, usually mothers with young children, are crossing again this year. Authorities have captured 13,911 family units, down 30% from last year. “These statistics show that the surge of illegal arrivals from Central America was never really over,” said Jessica Vaughan, policy studies director at the Center for Immigration Studies. She said the Obama administration and Congress have not taken steps to end the factors that encourage illegal crossings. Among those is the policy that requires children from Central America to be released into the US rather than quickly returned to their home countries, as Mexican children are. Once released, 62% of the children fail to appear for deportation proceedings, according to the Congressional Research Service. The Obama administration last year blamed bad economies and growing gang violence in Honduras, El Salvador and Guatemala for sparking the surge, but later said traffickers were a main cause. ~~~~~ Despite President Obama's efforts to change Americans' views on illegal immigrants flooding over the US-Mexico border, Americans have reached a new level of anger over illegal immigrants, demanding a more aggressive deportation policy and the reversal of a law that grants citizenship to children of illegals born in the US. A new Rasmussen Reports survey released Monday also finds Americans questioning spending tax dollars on government aid provided to illegal immigrants. A huge 83% said that anybody should be required to prove that they are "legally allowed" to be in the country before receiving local, state or federal government services. The poll rejects the White House position, showing sustained, and in some cases, elevated anger and frustration over the surge in undocumented immigrants in the United States -- 62% (up from 52% a year ago) say the US is "not aggressive enough" in deporting those illegally in the United States, compared to15% who believe the administration's current policy is "about right" and 16% who say it is "too aggressive." And 54% reject the current law that says the baby of an illegal born in the US automatically become a US citizen, while 38% agree with automatic citizenship. In another area that seems to test American patience with the administration, 51% said that illegal immigrants who have American-born children should not be exempt from deportation. ~~~~~ Dear readers, current Obama policies give these children a chance to disappear into America with the 11 million illegal immigrants already inside the US. “Those are pretty bad outcomes for immigle 38% agree with current lawration hearings,” Vaughan said. “Lots of no-shows and few people getting relief. These statistics show that the Obama administration response has been a failure.” Some former US officials say the new Obama executive amnesty is now the driver for illegal immigration. It encourages illegals to make crossings into the US in the belief that they will eventually receive work permits and social security numbers. This makes the lawsuit before Judge Hanen and the Fifth Circuit critically important. Americans are opposed to the Obama illegal immigrant amnesty orders and want the courts to overturn them as unconstitutional. The Supreme Court will have the final word. Meanwhile, the 2015 flood of illegals crossing into Texas and other southern border states continues with no Obama effort to halt it.
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Isn't it the duty of various law enforcement agencies to perform their job until end of the road binding decisions are handed down to the. For an Agency like I.C.E. to stumble around aimlessly trying to stay one step in front of Court decisions is faulty and counterproductive.
ReplyDeleteDo the job of stopping illegal immigration from crossing the borders. If or when its deemed to not be the law of the land, that its OK for all the illegal immigrants to come across the borders at their own secret crossing points - don't worry Agents there will be room on the boats leaving the United States for all of you.
"handed down to the contrary" sorry forgot a word
DeleteImmigration is really not that complicated – it’s more practical than legal.
ReplyDeleteThe lesson from the last 20 years of immigration policy is that lawlessness breeds more lawlessness. Once a people or a government decides to normalize one form of lawbreaking, other forms of lawlessness will follow until finally the rule of law itself is in profound jeopardy. Today, we have a constitutional crisis on our hands. President Obama has decided that because Congress has not granted amnesty to millions of illegal aliens living in the U.S., he will do so himself. Consider for a moment just how shameless this assertion of power is.
The Constitution mandates that the president “shall take Care that the Laws be faithfully executed.” This provision assumes that there is a law for the president to execute. But in this case, the “problem” that Obama is purporting to fix is the absence of a law granting amnesty to millions of illegal aliens. Rather than executing a law, Obama is making one up—arrogating to himself a function that the Constitution explicitly allocates to Congress. Should this unconstitutional power grab stand, we will have moved very far in the direction of rule by dictator. Pace Obama, the absence of a congressional law granting amnesty is not evidence of political failure that must somehow be corrected by unilateral executive action; it is evidence of the lack of popular consensus regarding amnesty. There has been no amnesty statute to date because the political will for such an amnesty is lacking. And this is the will of the practical people.
The erosion of the rule of law is bad enough. But the social consequences of mass illegal immigration are equally troubling. We are importing poverty and educational failure. If you want to see America’s future, look no further than the state of California, which is a generation ahead of the rest of the country in experiencing the effects of unchecked low-skilled immigration.
ReplyDeleteImmigration policy should be forged with one consideration in mind: America’s economic self-interest. Immigration is not a service we provide to the rest of the world. Yes, we are a nation of immigrants and will continue to be one. No other country welcomes as many newcomers. But rewarding illegal immigration does an injustice to the many legal immigrants who played by the rules to get here. We owe it to them and to ourselves to adhere to the law … and the law is NOT what Obama wants it to be or is willing to side step the Constitution in order to facilitate.
The ultimate authority resides in the people alone. The first 3 words of our Constitution …”We the People”. Not we the illegal immigrants, or we the Judges, or we the elected officials, or we the social misfits – but “We the People.”
ReplyDeleteSo if “We the People” don’t like what is happening, Then “We the People” can change it … but only if we have the willingness to stand up and step out of line and expose ourselves to our beliefs.
If the theory that the squeaky wheel (the progressive liberals) get the grease (main stream press) is at all true, then expect the whining, lying progressive liberals to always be the darlings of the main stream press. To defend something is nearly always more difficult than to attack something. And to constantly lie while attacking makes it easier.
If Obama makes laws by regulatory diktat, unmake laws by refusing to enforce them, or make wars when he wants, should we be surprised? It is what happens when a president pokes his head through what was thought an impenetrable wall – the Constitution. Obama essentially told us he would do this.
ReplyDeleteIf one lives in any of the Border States it’s unbelievable that there are only some 11 million illegal immigrants in the United States as claimed by most reputable sources.
Welfare use among immigrants and their offspring is stubbornly high, because their poverty rates are stubbornly high. Hispanics are the biggest users of government health care. The claim that low-skilled immigration is an economic boon to the country as a whole is false. It fails to take into account the government services consumed by low-skilled immigrants and their children, such as schools, hospitals, and prisons.
California is at the epicenter of the disturbing phenomenon of “long-term English learners.” You would think that an English learner would be someone who grew up in a foreign country speaking a foreign language, and who came to the U.S. only later in life. In fact, the vast majority of English learners are born here, but their cognitive and language skills are so low that they are deemed non-native English speakers. Nationally, 30 percent of all English learner students are third-generation Americans.
So what should be done? First of all, we must reassert the primacy of the rule of law. At the very least, that means rehabilitating deportation and ceasing to normalize illegal immigration with our huge array of sanctuary policies. Liberals appear indifferent to the erosion of law, and even too many conservatives are willing to excuse immigration law-breaking in order to placate what they imagine to be a ‘conservative voting bloc in waiting’. But let us hope the rule of law is not lost.
We also need to radically reorient our legal immigration system towards high skilled immigrants.
Our system of immigration has been broken by the Illegal Immigrant. What once worked is no longer workable. And the theory of what immigration should be needs to be re-thought.
The Democratic Party actually prevents the poor and blacks “from standing on their own two feet” by sending government-funded social workers to “coddle” and keep down “poor little black kids” rather than allowing them to rise above their circumstances. It is nearly impossible to rise when “someone else’s wellbeing is tied to your misery,” vis-à-vis social worker jobs and Democrat votes. He said the Democrat Party’s “paternal attitude” toward those in need is “conjured up” and noted that all the government-funded social workers “under the guise of the name Democrat” have reaped no positive change in the past 75 years.
ReplyDeleteThis is exactly what Obama wants for the 5 plus million illegal immigrants that he wants to be their “deliverer” – he wants to deliver them into the arms of the democratic party to fill the void that is growing ever larger by the overall diminishing controlled labor union votes that marched in lock step to vote the straight “D” ticket.
But, additionally Obama sees in the deliverance of these relentless English learners, these migrant workers, these dishwashers, these gardeners, these back yard mechanics, these lower than minimum wage earners, these individuals that were failures in the country of birth that decided to sneak into our country and become the destroyers of our well-intended entitlement programs and medical care-to become the backbone of the welfare system … he sees his own empire within the democratic party that he can deliver anytime to the life-threatening progressive socialist wing of the once respectable Democratic Party.
This is just what Obama’s blanket amnesty for illegal immigrants is all about – his own legacy and longevity within the Democratic Party. After all if one looks at all the scandals Obama has to his credit, he has little hope of having much post presidential standing as a failed Commander-in-Chief.