Federal Judge: Obama’s Amnesty Order Is Unconstitutional, Totalitarian

“I was a constitutional law professor, which means unlike the current president I actually respect the Constitution,” Obama famously stated in 2007. He did teach law at the University of Chicago for many years.

Obama knows the Constitution, but like many of his self-contradictory claims, there is no way he can respect it, as illustrated with this most basic of Constitutional violations.

But Obama goes beyond that, claiming that his actions as President can't be invalidated by federal courts. Barack is without a doubt trying to become Emperor of The United States, flying in the face of another one of his claims to the contrary.

The ruling doesn’t invalidate the policy immediately because it was part of a case over a single illegal immigrant’s deportation, but it could serve as a road map for other federal judges who are considering direct challenges to the president’s policy.

Immigrant rights advocates said the ruling was a shocking overstep of the court’s authority. Indeed, the Obama administration has argued in federal court in Washington that judges have no power to review the president’s decision-making.

 Judge Schwab issued the ruling the same day the Senate voted to confirm Mr. Obama’s pick to head U.S. Immigration and Customs Enforcement, the agency that the president instructed to stand down on most deportations.

The White House defends the policy as a reasonable use of Mr. Obama’s powers to set priorities for enforcing laws, and to stop the breakup of families because of deportation.

It now faces multiple legal challenges in federal court in southern Texas and one in Washington, D.C.

The D.C. challenge, filed by Sheriff Joe Arpaio of Maricopa County, Arizona, is moving quickly. The judge has scheduled a hearing on a preliminary injunction next week.

The Obama administration filed a brief late Monday in the D.C. case defending the policy.

Joyce R. Branda, the acting assistant attorney general who is leading the case, argued that Congress has provided too little money and the administration can deport fewer than 400,000 immigrants a year out of the total population of more than 11 million.

Ms. Branda said given that, it makes sense for Mr. Obama to set priorities, including proactively telling millions of illegal immigrants that they are in no danger of being kicked out. That policy allows immigration agents to focus on the other illegal immigrants whom the president deems serious cases, or on those crossing the border this year and beyond.

“Federal courts sit to decide cases and controversies, not to resolve disagreements about policy or politics,” the administration’s attorney said.

Indeed, one major hurdle for those challenging Mr. Obama’s policies is showing that they have standing to sue by proving they have been injured. Sheriff Arpaio says he will be injured because Mr. Obama’s policy will mean more illegal immigrants in his county committing more crimes and using more services — an argument some lawyers doubted would carry weight with the court.

The Pennsylvania case suggests, however, that others could have standing to sue and signals that the president’s legal argument may not be as strong as Mr. Obama has asserted.

One of the administration’s key arguments is that the policy doesn’t create any rights and that the illegal immigrants who gain tentative status could be deported at any time.

Judge Schwab refuted that, saying Mr. Obama couched his policy as a moral imperative to keep families together, so it is not easy to reverse.

The judge also repeatedly used Mr. Obama’s own words against him. He listed the times the president said he didn’t have the power to take the kinds of actions he has now taken.

The case before Judge Schwab, who was appointed to the bench by President George W. Bush, involved an illegal immigrant, Elionardo Juarez-Escobar, who was deported in 2005 but sneaked back into the U.S. and ended up in Pittsburgh, where his brother, a U.S. citizen, owned a landscaping company.

Juarez-Escobar went to work for his brother but was snared in a traffic stop by local police this year. He was reported to federal authorities, who charged him with re-entering the U.S. illegally.

Judge Schwab wanted to know why Mr. Obama’s amnesty didn’t apply to Juarez-Escobar, who pleaded guilty to the illegal re-entry charge. Judge Schwab has said Juarez-Escobar could be allowed to change his plea.

The judge questioned why Mr. Obama’s policy applied only to parent-child relationships and not to Juarez-Escobar, who has a “close bond” with his brother.

The judge said Juarez-Escobar appears to be “more ‘family’ than ‘felon,’” which would seem to make him a low priority under the president’s deportation policies.

Immigrant rights advocates said the judge was stretching the limits of the case to rule against the president.

“It’s shocking that a federal judge would use an unrelated criminal case to take it upon himself to declare the lawful, discretionary decisions of a sitting president unconstitutional,” said David Leopold, a former president of the American Immigration Lawyers Association. “I’m confident that this ill-advised and poorly reasoned opinion will be corrected by the Court of Appeals.”

The Justice Department didn’t respond to a request for comment on the decision.

In the D.C. case, administration attorneys argued that the policy is designed to carry out, not to thwart, what they believed was Congress’ intent that the Homeland Security Department go only after recent border crossers and more serious criminals in the interior of the U.S.

Source: washingtontimes.com



Leave a Reply

Pin It on Pinterest