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Supreme Court to Examine Obama Immigration Move

Today, the U.S. Supreme Court will hear oral arguments in the United States v. Texas case, concerning whether President Obama’s move to delay the deportation of almost 5 million undocumented immigrants is legal.

SCOTUSBLOG outlines the issues:

** Did President Obama exceed the powers of his office in going forward with a massive new immigration policy without approval by Congress, and thus violating that act’s direct restrictions on the use of executive branch power?

** Is the deferred deportation policy a product of “arbitrary and capricious” actions by President Obama and his cabinet departments, and thus violates that act?

** Is the policy subject to review in the courts, applying the act, or are the specific modes of enforcing immigration laws a matter left to the discretion of the president and his cabinet?

** Is the policy illegal, under the APA, [Administrative Procedure Act] because it was not first announced as a draft program, offered to the public for its reactions, or then issued in final form, or is the policy exempt from that requirement because it was achieved through executive branch discretion?

As important as the immigration issue is, the more pressing question concerns the balance of power within the federal government. House Judiciary Committee Chairman Bob Goodlatte (R-Va.)has stated: “The case of United States v. Texas is fundamentally about preserving the separation of powers and its outcome will have drastic implications for our Republic. All three branches of government have weighed in against President Obama’s unilateral actions: the lower courts have blocked them from being implemented, the House of Representatives has filed a brief opposing them, and the President himself stated over 20 times – before he took his unilateral action – that he does not have the authority to change our nation’s immigration laws on his own.  I am hopeful that the Supreme Court will stop President Obama’s lawlessness so that we protect the Constitution and the intent of the Founding Fathers that the legislative branch, which reflects the will of and is accountable to the American people, makes the laws, not the President.”

National Border Patrol Council President Brandon Judd testified before the House judiciary Committee in March. He confirmed the existence of what has become known as “catch and release”. According to Judd, “This program directly violates the President’s ‘Priority Enforcement Guidelines’ by refusing to process and deport those who have entered the US illegally after December 31, 2013.”

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President Obama … and his cronies continue to mislead and misinform them as they expand amnesty and weaken enforcement and security.

He presented five questions that he wants the White House to answer:

# 1: If the President was expanding his amnesty programs why not just be straight with the American people?

#2: Does this expansion put our communities at risk? … It appears that President Obama’s priority is not and will never be enforcement but amnesty.

#3 : Is the Commissioner power hungry or incompetent? Either he has to go. This hearing should put the spotlight on Richard Gil Kerlikowske the current Commissioner of U.S. Customs and Border Protection.  Judd questions Kerlikowske’s leadership and ability to head U.S. Customs and Border Protection. If he was following directives from the President then the President owes the public an explanation why he kept this a secret. If the President was unaware of the program he needs to restore public trust by removing those responsible. It is sad that after seven years, Obama’s has no plan to enforce our nation’s immigrations laws.

# 4 : Why not ask for additional resource to address the court backlog? If the Administration was concerned with the court’s backlog why not request additional funds to expedite the case by either hiring more judges or expanding Operation Streamline. Simply put, the Administration is not be interested in fixing a problem they intentionally created. They have manipulated the situation to expand their amnesty programs without Congressional or pubic consent.

# 5: Isn’t this just a page torn from the “Dreamers Playbook” ? The main argument “Dreamer” made was by no fault of their own they were here illegally and should not be held responsible this act and therefore granted citizenship. It is reasonable that those not issued NTA as part to “Catch and Release” program will make the same claim as part demand for amnesty. The Administration and the Democrats must believe this is good politics.