Lawless Obama Plans Executive Action on Immigration

By Douglas V. Gibbs

Immigration is a concurrent issue, meaning that it is both a federal authority and a State authority, from a constitutional point of view.  The States are tasked with enforcing immigration laws within their borders, and the federal government is tasked with securing the national borders and abiding by the laws passed regarding immigration prohibitions that are on the books.

Immigration laws can only be created, modified, or discontinued (repealed) through legislative action.  Article I, Section 1 of the United States Constitution, in line with the concept of Separation of Powers, grants "all" legislative powers to the Congress of the United States.  This means that the executive and judicial branches cannot legally make law, modify law, or repeal law.  All legislative duties belong only to the legislative branch.

According to the U.S. Code Chapter 8, Section 1324, illegal entry into the United States without inspection is a misdemeanor, and repeated illegal entry is a felony.

The law is clear.  For any branch of government other than the legislative branch to modify law and allow lawful entry of aliens into the country in complete disregard of existing law is unconstitutional, and the sign of a lawless government.  Article II of the Constitution tasks the President with "faithfully" executing the laws of the United States.  Article IV of the Constitution tasks the federal government with protecting the States from invasion.

According to the Associated Press, President Barack Obama plans to use the Department of Homeland Security to change the deportation policies of the United States.  The issue is regarding the deportation of illegal aliens booked for minor crimes.  According to reports from law enforcement, illegals fear interaction with authorities for fear of deportation.  As a result of court cases challenging the practice, some local governments are refusing to detain certain persons.

Under Barack Obama, deportations have actually increased, and immigration reform advocates are pushing for an amnesty program that would allow illegal aliens currently in the United States to remain legally in the country.  The liberal left estimates that number to be about 11.5 million people.  Conservatives claim the number may be higher than 40 million.

Obama is considering illegally using executive orders to grant work permits to illegals in the country, and provide protection from deportation to some immigrants brought here illegally as children.  The protection of the children of illegal aliens was called the DREAM Act in Congress, but its failure as a legislative proposal is apparently not considered an obstacle to the President, who may illegally override Congress, and put it into place himself.

Note: The Roman Republic became a tyrannical empire, and began its path to collapse once the executive leadership rendered the legislative assemblies irrelevant, and ruled from the top without consideration of the expectations of the representative bodies.  A patriot by the name of Marcus Tullius Cicero argued on behalf of honest government about 79 BC, and for his efforts was exiled by the tyrannical leadership of Rome.

Homeland Security Secretary Jeh Johnson admits that the executive branch does not have the kind of authority it is acting upon.  "I would say that we have to be careful not to pre-empt Congress in certain areas," Johnson said. "They are the lawmakers. Whatever we do in the executive branch, we have to do within the confines of existing law."

Advocates for amnesty, coming from a more authoritarian system south of the border (historically influenced by the authoritarian nature of the Spanish system, as well as the Catholic Church), and not fully understanding the Saxony influence, and influence of Montesquieu's concept of a separation of powers, on the American System, argue President Barack Obama has more authority to act on his own than the administration acknowledges.

The desire to use executive action to circumvent Congress comes as immigration legislation is being debated in the House of Representatives, where the republican majority has battled over the details.  Conservatives in the party contend that if the GOP were to agree on moving forward any amnesty program, it would be suicide for the party.

Republicans have warned that any executive action by Obama would destroy whatever chance remains to get their cooperation on immigration.  Some moderate republicans have indicated that an immigration plan is in the works, and could come to fruition by the dawn of Congress' August recess, and the November midterm election scramble.

Homeland Security's involvement in the issue is appropriate only in the sense that immigration, as it relates to the national border, is a national security issue, since a significant number of illegal crossings are by people of Middle Eastern descent, and very often by people associated with Muslim terrorist groups.  But as prescribed by Article I, Section 9 of the United States Constitution, in matters of migration across the national border, it is Congress' responsibility to pass legislation prohibiting persons they think it would be wise not to admit into the country.  It is the President's job to faithfully execute those laws, as per Article II, Section 3, regardless of whether or not he agrees with them.

-- Political Pistachio Conservative News and Commentary

Official Says Immigration Program Up For Review - Associated Press