Obama’s Backdoor Amnesty Plan

dhs-secretary-jeh-johnson-president-barack-obamaRecently installed Homeland Security Secretary Jeh Johnson is proving to be just as adept as his predecessor was at blindingly carrying out the destructive, lawless policies of the Obama administration.

This week the AP reported that Secretary Johnson’s been considering changing the “priority list” at DHS’s immigration enforcement branch by giving amnesty to illegal aliens who have not committed “serious crimes.” It wasn’t specified what qualifies as “serious,” but those given a pass apparently would include illegal aliens who have re-entered the US after being deported before (currently a felony under federal law) as well as fugitives from immigration proceedings – A report also out this week from the Center for Immigration Studies says this latter group alone could number in the hundreds of thousands.

This proposal to unilaterally change how immigration law is enforced comes after the Schumer-Rubio bill stalled in the House and mirrors the original Congress-defying amnesty Obama implemented in the lead up to the 2012 elections. It also shows that the new era of lawlessness we find ourselves in is apparently here to stay.

As the AP writes, “adjusting the department’s priorities for deportation” has become a new approach for this Administration. This is a reference to DHS’s newfound use of “prosecutorial discretion”, a tool manipulated by the Obama Administration to “adjust” our immigration laws in order to expand the number of future Democratic constituents. As Stanford law professor John Yoo writes, “using ‘prosecutorial discretion’ not to enforce statutes with which the President disagrees” has become his “preferred tool for domestic policy.”

In the immigration context, “prosecutorial discretion” has been used as weapon to weaken border and interior enforcement. For this, in part, we can thank the Republican leadership’s almost total lack of opposition to Obama’s amnesty plans.

Notwithstanding that a judge recently called Obama’s 2012 administrative amnesty unconstitutional and illegal, anyone willing to look up the history of “prosecutorial discretion” will see just how cynical this administration is when it says it’s in the clear to retroactively “adjust” our immigration laws.

“Prosecutorial discretion,” or “deferred action” as it’s also known, is the general ability of any law enforcement agency to decline to arrest someone for minor infractions, such as jaywalking in the case of the police. Importantly, it’s not a policy entrenched in law; it’s an administrative directive or tool that’s meant to be applied, not broadly, but in minor and highly particular cases. For instance, in 1972, it was applied for the first time to John Lennon after his long struggle against deportation ordered by the Nixon administration. Later in the early eighties, the INS would grant deferred action to a select-few US citizen widows and widowers who were facing deportation.

In 2011, Jessica Vaughn from the Center for Immigration Studies in D.C., gave testimony before the House Judiciary Subcommittee on Immigration Policy and Enforcement, where she called “prosecutorial discretion” an “extraordinary tool” that due to its “lack of statutory guidelines makes it especially susceptible to abuse.”

One year after Ms. Vaughn’s testimony and soon after the DREAM Act was rejected by Congress for the 24th time, Obama placated the open-borders lobby by telling DHS to apply “prosecutorial discretion” on a mass scale. In June 2012, he issued an Executive Order telling enforcement officials to stop arrests of illegal aliens under 30 and those who had arrived before they were adults, a group estimated to number around 800,000 and later adjusted upwards to 1.4 million.

We know for a fact that our ex-law professor president understood that “prosecutorial discretion” had never before been applied on such a mass scale and that his Executive Order was way out-of-bounds legally. Immediately after the DREAM Act failed in 2011, Obama told a group of “immigration rights” activists that “[w]ith respect to the notion that I can just suspend deportations through executive order, that’s just not the case… there are laws on the books that Congress has passed.” Of course, considering he’s done everything possible to weaken border enforcement, attacks state and local governments when they try to enforce federal law on their own, and lets holier-than-thou “sanctuary” cities ignore federal mandates to detain illegals, this really shouldn’t surprise.

In another critical law journal article about Obama’s illegal amnesty, Professor Yoo asked, “[I]f a president can refuse to enforce a federal law against a class of 800,000 to 1.76 million, what discernible limits are there to prosecutorial discretion?” As we’ve seen with Secretary Johnson’s latest proposal, if our representatives fail to check the president, the limits to such lawlessness are unbound.

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  • BagLady

    Can’t blame the States for chucking out undesirables left right and centre. The Third World boasts many an American reject, returned to his home country for causing trouble, with nothing but a newly gained knowledge of street crime. Oh how he prospers teaching his tricks to the green youth of his homeland.

    We’ve been here before though, haven’t we? Wasn’t it mid 80s that there was a ‘green card’ amnesty? I seem to remember English friends breathing sighs of relief as they were ‘accepted’ into the system.

    I think it comes about when government departments hold their hands up and admit they have no idea who or how many live in the country and giving people ‘papers’ is the only way to count them.

  • Ronald Nelson

    This is OBSTRUCTION OF JUSTICE… not prosecutorial discretion. This Administration is conspiring to abate the law… too, willfully violate their oath of office to uphold the laws of the land. This is sanctioned and organized criminal conduct that rises to the level of RACKETEERING… and deserves to be prosecuted under the RICO ACT… the DNC and the Democrat party are conspiring to violate our Immigration law among other laws… and too use the corporate power of the Administration to engage in organized criminal conduct.

    • Edward E

      When we have: Africa for Africans, Asia for Asians, White Countries for EVERYBODY, what do we have over periods of time?

      We have fewer and fewer White children

      When we mix more and more non-Whites with fewer and fewer Whites in the same living space?

      In time, White extinction. Its genocide because this doesn’t happen by
      chance. It is being forced upon Whites just like a rapist does not take
      no for an answer

      How is this not White geNOcide?

      Anti-racist is a code for anti-white

      • The Right Fight

        Flagged for posting spam .. … for repetitive inappropriate comments.

  • Randy Townsend

    Let’s see… convicted nonviolent drug offenders – AMNESTY… illegal aliens not convicted of a violent crime – AMNESTY…. ACA ostensibly the “law of the land”, with 34 EO’s exempting implementation for preferred (or feared) groups… Tell me again how we are a “nations of laws”, that people must “obey the law”… And Congess sits on their collective hands and does nothing but prepare for their reelection campaigns… Proud to be an American (at some point in the distant past).

    • Ronald Nelson

      Absolutely Randy… a pattern of Obstruction of Justice and open contempt for the rule of law is present in the Administration… If the White House believes or considers a law or crime to be in their way, they either ignore it or issue an Executive Order unconstitutionally amending it.
      The open abuse of Executive Power to evade the law and too promote a political agenda is in fact ‘Obstruction of Justice’ and an organized criminal conspiracy that may well be considered Racketeering under the RICO Statutes. It is past time to IMPEACH both the President, AG and others who have abused their powers in this Administration..

  • Erudite Mavin

    Obama and his administration’s continuing Amnesty programs, Executive Orders and continued agendas for Amnesty are not reported enough.
    The Republicans in the House have been holding up the Democrats Amnesty
    program and in turn Obama creates Amnesty Executive Orders and said he will do more.
    We would not have this problem if the sit at home and third party voters enabled Obama’s Presidency.

  • Jdcsa usayy

    Although talking can be informative and useful, it changes nothing. Only action changes things. The great majority of conservatives talk and do not act. We have seen in the Ukraine how citizen protests can virtually overnight throw out a bad government. The tearing down of the Berlin Wall, the “Velvet Revolution” in the old Czechoslovakia, etc.
    Operation American Spring, be there in Washington DC on 16 May to demand that Obama and his junta resign, leave town and never return. This is not a call for impeachment, it is a DEMAND that Obama immediately resign.
    Google or Bing “Operation American Spring.”