- Obama EO Granting Amnesty
To Illegals - Not So
By Devvy
Exclusive to Rense
6-26-11
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 My email box is overflowing with the
following caption: Obama has issued an executive order granting amnesty
to illegals!...and several variations thereof.
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- But is it true?
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- The first place to look for an executive order is the
White House's web site. Combing
through EOs back to November 2010, I can find no such executive order.
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- WND published an article about this very issue, June
25, 2011, and it's a good place to start.
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- Obama slips DREAM Act amnesty past Congress
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- "A new enforcement memo handed down by the director
of U.S. Immigration and Customs Enforcement last week has some accusing
the White House of running around Congress to implement the DREAM Act
and consequent amnesty for some illegal immigrants by executive fiat.
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- "The new memo, penned by ICE Director John Morton,
directs ICE agents, attorneys and directors to exercise "prosecutorial
discretion" meaning less likelihood of deportation for
illegal aliens who have been students in the U.S., who have been in the
country since childhood or who have served in the American military.
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- "Critics have pointed out the new leniency standards
parallel the provisions of the Development, Relief and Education for Alien
Minors Act, or DREAM Act, which could not pass the Senate, despite several
votes over the past decade, including three failed attempts at passage
last year."
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- The key is an internal link in the article above "The
new memo". When you click on that, it takes you here.
You'll see a June 17, 2011, memo issued by ICE for "Exercising Prosecutorial
Discretion Consistent with the Civil Immigration Enforcement Priorities
of the Agency for the Apprehension, Detention, and Removal of Aliens".
That document is six pages, and as they say, the devil is in the details.
On page 3 you find this:
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- Prosecutorial discretion in civil immigration enforcement
matters is held by the Director2
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- So, then you go to footnote 2 at the bottom of the page
and find this:
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- 2 Delegation of Authority to the Assistant Secretary,
Immigration and Customs Enforcement, Delegation No. 7030.2 (November 13,
2004), delegating among other authorities, the authority to exercise prosecutorial
discretion in immigration enforcement matters (as defined in 8 U.S.C. §
1101 (a)(17).
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- Groan.
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- That Delegation of Authority is 2004 - under the Bush
Administration, not the usurper.
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- I then hunted down 8 U.S.C. § 1101 (a)(17) - the
all important statute that allegedly gives prosecutorial discretion authority
to the Assistant Secretary, Immigration and Customs Enforcement. I had
a bit of difficulty locating it because all those EOs and statutes are
like digging through a vat of spaghetti, so I thank my friend, constitutional
attorney, Tommy Cryer for his help. One thread leads to twenty. Sometimes
an EO or statute is repealed or rescinded; it's maddening to say the least.
In any event, here
is the statute.
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- Next we go find 1101 (a)(17):
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- (a)(17) The term 'immigration laws' includes this chapter
and all laws, conventions, and treaties of the United States relating to
the immigration, exclusion, deportation, or expulsion of aliens.
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- Do you see any delegation of authority regarding prosecutorial
discretion that sentence? I don't.
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- Conclusion:
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- I could not find an executive order signed by the putative
president (meaning he has no authority to execute one) going back to Nov.
2010 giving amnesty to illegal aliens.
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- The June 17, 2011, memo cites a Bush Administration Delegation
document defining the authority to "exercise prosecutorial discretion
in immigration enforcement matters". The problem, at least to me and
I'm not an attorney, is that the statute provided, 8 U.S.C. § 1101
(a)(17), does no such thing. Unless I've missed something here, it appears
someone is trying to pull a fast one.
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- That is what YOU need to bring to the attention of your
congress critter this week; the sooner the better. Make the time, please.
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- Without question, if you read the memo, it is an end
run around the Constitution. It is blanket amnesty for illegal aliens and
must be stopped.
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- There has never been any intention by sitting presidents
since and including Ronald Reagan to lock down our borders and deport illegal
aliens. What we've seen is the bare minimum effort to appease the masses.
The excuse in the memo mentioned above is that ICE doesn't have sufficient
financial resources to round up and deport illegal aliens or even process
and deport the hordes.
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- Whose fault is that? The 86% of incumbents voted back
into the Outlaw Congress last November who have allowed this unchecked
invasion of criminals into our house.
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- It's just fine to spend $2 million borrowed dollars a
day for the newest illegal bombing of Libya. It's okay for the outlaws
in Congress to send the barbaric communist Chinese government $800 million
dollars a week in interest on debt created by them. But, there's no money
to lock down our borders and boot out illegals.
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- All by design in pursuit of one world government with
seamless borders. Doesn't matter about the illegal aliens who rape and
kill children, who drive drunk on our streets and highways killing thousands
and thousands. Doesn't matter that 11.5 MILLION jobs are held by illegals
while almost 26 million Americans are out of work and 44 million are on
food stamps. It is all in the game. As mentioned in the WND article above,
Barry Soetoro, is aggressively pushing giving a free pass to criminals
for the Latino vote in 2012. Hey, come in, register Democrat and we will
make sure the people are driven into rags so you can have all I promised!
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- Make that call on Monday and demand your congress critter
look into that memo. Be polite, but in the strongest terms, tell him/her
you want to know where is the statute authorizing blanket amnesty for illegals?
Demand they act now to stop it. Put on the heat, America.
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- http://www.devvy.com. You may also sign up for her free email alerts.
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