Immigration: Obama, The Law and The Constitution

by Sue in New Mexico

Does Obama’s Executive Action on Immigration Amnesty aid, abet, encourage or entice foreigners to unlawfully enter the United States?

Current law enacted by Congress designates a Foreigner who enters U.S. be charged a felony with up to 5 years jail sentence.
THE LAW                                                                                                                                                     Brief history of Immigration Laws

1921 National Quota Act                                                                                                                            This was the first law passed by Congress concerning Immigration. It regulated the amount of immigrants who could enter U.S.. The quota was set at 350,000 per year.

1924 Nation Origin Act                                                                                                                                This act, for the first time in U.S. history, limited immigration from certain countries. This Act followed WWI and reflected the fear of Communists entering U.S. from Stalin’s Communist Russia. Later It would be used in Countries such as China.

1929 National Origin Act                                                                                                                            This act amended the 1921 act to decrease Immigration quotas to 150,000 a year.

1940 Nationality Act
This act was passed by Congress after the start of WWII, but before the U.S. entered the war. This act amended the Immigration Act of 1924. It specifies who is eligible for citizenship and who is not eligible. It also defined how citizenship could be lost or terminated.

1952 Immigration and Nationality Act                                                                                                This act amended the 1924 Immigration Act by adding that if a Natural Born Citizen deserted the military during wartime their citizenship could be terminated. In 1958 this law was challenged in the case of Trop v. Dulles. Supreme Court of the United States(SCOTUS) ruled this section of the law unconstitutional as a violation of 8th Amendment under cruel and unusual punishment. In 1967 SCOTUS ruled against another part of the law in the case of Afroyim v. Rusk when it ruled it unconstitutional because it violated the Citizenship Clause of the 14th Amendment.

In 1956 the McCarrin – Waters Bill(public law 82-414 ) collected and codified many existing provisions and reorganized structures of Immigration Law.

1965 Immigration and Nationality Act                                                                                              This act amended the 1952 Act concerning Aliens and Nationality. It was signed into law by President Johnson October 5, 1965 and went into effect June 30, 1968. It is also known as The Hart-Cellar Act. This law amended the Immigration and Nationality Act of 1920 by abolishing the National Origins Formula and Quota established therein. This is an important act affecting Immigration today because it established rules to set up a preference for immigrants. It focused on skills of the immigrant and their family relationships with U.S, citizens or residents. This law also set a limit of VISA’s that could be issued to 170,000 per year.

1986 Immigration and Reform Act                                                                                                Signed into law November 7, 1986 by President Reagan. This law established the Employer Verification System to curb illegal immigration. This required the employer to verify anyone they were going to hire their citizenship or their legality to work through VISAs issued. They may do this in several ways. They can check a passport, birth certificate, Social Security card, alien documentation papers such as VISA or other proof. The employer must keep these records for 3 years after the hire or for 1 year after employment termination. The President is required to monitor the program and evaluate the program on an annual basis and report to appropriate Congressional Committee. The President may implement minor changes but any major change he must notify Congressional Committee at least 60 days before he acts or within 2 years for a major change. President Reagan and President Bush did this. Did Obama follow this law?

The 1986 Act requires the President to monitor and evaluate the Emplorer Verification System. The President is required to present a annual report to Congressional Judiciary Committee of the House and Senate annually. The INA section 201 details who may be issued VISAs and the VISAs are to not exceed first 3 quarters of any fiscal worldwide level of that fiscal year. The 1986 Reform Act also states the President must report to the Judiciary Committee of the House and Senate the foreseeable number of refugees who will be in need of resettlement during the fiscal year.

The 1986 Immigration Act also requires Congress to establish a fund of $35,000,000 by the Treasury, to be set aside to reimburse states and local enforcement for the cost they may incur during the enforcement of Immigration Laws.

King Obama and The Law                                                                                                                  Obama broke the law by making major changes to the Immigration Law and not consulting with House and Senate Judiciary Committee. Obama dramatically changed the VISA quota currently set at 170,000. It is estimated there are currently 11million illegal aliens in U.S.. Obama’s executive action will effect about 5 million people. There will be millions of VISAs given. Obama is also changing the enforcement of Immigrationt laws not through Exicutive Order as Reagan and Bush did but through memos sent to Federal Agencies.

King Obama and the Constitution                                                                                                      Obama cites he can do what he is doing through memos NOT AN EXECUTIVE ORDER as other Presidents have done. Obama sent a memo to DHS Department of Homland Security, ICE Immigration Customs Enforcement, CBP (Customs and Border Patrol), DOJ (Department of Justice), and USCIS (U.S. Citizenship and Immigration Services). Only the USCIS is not funded by Congress. They are funded by fees collected when they issue VISAS. Obama claims this is legal because he is using his power of PROSECUTORIAL DISCRETION under Article II of the Constitution. Obama will implement his action through DHS. In other words DHS will be the top dog and will dictate to other agencies implementation of the laws.

The Republicans had to file with the court this Executive Action because the courts have never dealt with the interpretation of exactly what prosecutorial discretion means and the limits of this action. In the future SCOTUS will probably hear the case.

Obama’s Infamous Memo                                                                                                                 November 20, 2014 Obama had DHS send a memo to ICE, CBP, and USCIS concerning enforcement of Immigration Laws. The memos informed these agencies how the Laws would be enforced concerning: Enforcement and Removal Activities, Detention Decisions, Budget Requests and execution of funding, Strategic Planning. It is important to note DHS is in charge of everything including funds received from Congress. Obama has consolidated all the power to the DHS. It is easier to control and dictate orders with one agency rather than many. Remind you of Stalin, Mao, Hitler?

In the memo Obama stated, “I am also directing greater TRANSPARENCY in annual reporting of removal statistics.” This should be a red flag to everyone. Since when has King Obama ever been transparent? In the memo it describes the ‘broad’ range of other discretionary
decisions. This includes following: 1. Whom to stop, question, and arrest. 2. Whom to detain or release. 3. Whether to settle, dismiss, appeal, join in motion on a case, whether to grant deferred action, parole or stay of removal instead of removal of a court case. Obama through DHS is now controlling the courts. Obama states he is doing this to save money!

In Obama’s memo it also stated that DHS is to be involved with all agencies in decision priorities “at the enforcement process and at earliest investigative stage throughout chain of command.”

Obama’s memo goes further. It states that this memo ‘Rescinds or Supersedes’: 1. John Morton Civil Immigration March 2, 2011 2. John Morton Exercising Prosecutorial Discretion June 17, 2011 3. Peter Vincent Case by Case Review Impending Cases November 7, 2011 4. Case Immigration Enforcement Guidance (use of detainers for state, local, tribal Criminal Justice System December 21, 2012 5. National Fugitive Operation Programs December 8, 2009.

Obama’s memorandum to the agencies prioritize who will be deported.

1. The highest priority will be terrorists, some convicted felons and convicted gang members 16 years and older.

2. The second priority includes but not limited to convicted PEDOPHILES, convicted Domestic Violence criminals.

3. The third priority which is the last to be enforced include: Those that entered the U.S. illegally (Felon) after January 1, 2014 and failed to leave under a removal order or returned after removal. The people entering the U.S. illegally who are not to be removed include but not limited to Individuals with a SERIOUS MENTAL ILLNESS, Pregnant women, Elderly, Disabled, and children.

The Obama Memorandum to agencies is 33 pages long. I have highlighted just some of what I consider to be the most egregious illegal actions of Obama. Remember previous Presidents did not use memorandums in their Immigration Executive Orders the way Obama has done and consulted with Congress according to the law.

 UPDATE: It has come to light Obama never signed an Executive Order on Immigration. The facts remain in this article that Obama has broken the law by changing the law through the memorandum.

 

 

 

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One thought on “Immigration: Obama, The Law and The Constitution

  1. Grumpy Elder (@Grumpyelder)

    Current law also makes it a crime for ANY PERSON to aid, abet or entice an illegal alien to enter or remain in the United States.. those crimes are also punishable by 5 years imprisonment, per offence. Each alien counts as a separate offense

    Is his unilateral amnesty in itself a direct and serious violation of the law?

    On the surface it appears Obama is more than pushing the limits of prosecutional discretion.. which contrary to what the administration says, is not mentioned or implied in Article II of the Constitution.. What Article II Section 3 says is “he shall take care that the laws be enforced”

    Reply

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