Amid the hysterical criticism of President Trump’s decision to review government protections for young illegal immigrants, it is instructive to recall how the Obama administration bypassed Congress and usurped legislative powers to implement the controversial policy of Deferred Action for Childhood Arrivals, or DACA, in the first place.
In considering the fate of DACA for so-called DREAMers, Trump is not reviewing longtime U.S. immigration law, but rather a series of policies enacted by interagency memos after Congress repeatedly refused to pass the so-called DREAM Act to grant residency and rights to young illegals.
The Obama administration’s decision to bypass Congress and grant what essentially amounted to de facto amnesty to young illegals via interagency directives was so radical that I included the moves in the list of potential impeachable offenses in a 2013 book titled, Impeachable Offenses: The Case for Removing Barack Obama from Office.
The work, co-authored with researcher Brenda J. Elliott, documented how Obama’s guiding hand was seen in the series of memos that changed U.S. immigration enforcement policy, including toward DACA.
The Obama administration’s end run around Congress to essentially halt the deportation of young illegals was enacted despite Article I, Section 8 of the United States Constitution, which expressly vests in Congress, not the executive branch, the power to “establish a uniform Rule of Naturalization.” The clause has long been interpreted as specifically giving the legislative branch the power to set immigration policy.
Obama’s first major change in the enforcement of existing immigration law started on June 30, 2010, in a memo written by John Morton, then assistant secretary at the Department of Homeland Security and director of U.S. Immigration and Customs Enforcement, or ICE.
Morton’s directive tested the waters by setting priorities for deporting illegal aliens, with the first priority being the removal of “aliens” who posed a “danger to national security” or “serious risk to public safety.”
Priority two were “recent illegal entrants” and the third priority focused on “aliens who are fugitives or otherwise obstruct immigration controls.”
After facing little resistance, Morton issued another memo on August 20, 2010, this time instructing U.S. Immigration and Customs Enforcement (ICE) attorneys to exercise “prosecutorial discretion” in the “handling of removal proceedings involving aliens with applications or petitions pending” before the immigration court.
Again changing immigration law enforcement, Morton’s memo outright called for ICE to consider “dismissal” in the following cases:
*The alien must be the subject of an application or petition filed with U.S. Citizenship and Immigration Services (USCIS) to include a current priority date, if required, for adjustment of status.
*The alien appears eligible for relief as a matter of law and in the exercise of discretion.
*The alien beneficiary must be statutorily eligible for adjustment of status (a waiver must be available for any ground of in admissibility).
On June 17, 2011, Morton issued a third memo, which Elliott and I opined in the 2013 book can “only be characterized as a deliberate move to bypass Congress and issue backdoor amnesty for an unknown number of illegal immigrants.”
That memo called for “prosecutorial discretion” pertaining to a “broad range of discretionary enforcement decisions,” including the following (all of which directly cite the memo itself):
• deciding to issue or cancel a notice of detainer;
•deciding to issue, reissue, serve, file or cancel a Notice to Appear (NTA);
• focusing enforcement resources on particular administrative violations or conduct;
• deciding whom to stop, question or arrest for an administrative violation;
• deciding whom to detain or to release on bond, supervision, personal recognizance or other condition;
• settling or dismissing a proceeding;
• granting deferred action, granting parole or staying a final order of removal;
• agreeing to voluntary departure, the withdrawal of an application for admission or other action in lieu of obtaining a formal order of removal;
• pursuing an appeal;
• executing a removal order;
“The subtext of Morton’s memo was clear: Stop enforcing nearly all measures against illegals,” Elliott and I wrote.
Three ways you can tell Pres. Trump to #EndDACA!
Multiple media outlets are reporting that Pres. Trump could end the illegal DACA executive amnesty as early as TODAY. But since those reports first started to circulate, the pro-amnesty groups have flooded the White House and Social Media with messages in support of DACA.
Will you help make sure those aren't the only voices the Trump Administration hears today?
Pres. Trump and his administration need to hear that American voters expect him to fulfill his campaign promise to end the unconstitutional DACA amnesty.
Here's what you can do (look below the actions for additional talking points you can use in your Tweets, phone calls, and emails):
1) TWEET AT PRES. TRUMP
If you use Twitter, please Tweet at Pres. Trump, urging him to follow through with his campaign promise to end DACA. You can use the hashtag #EndDACA in your Tweets.
You can click on the following link to send a pre-written Tweet, but I encourage you to customize your own message.
.@realDonaldTrump said he would "immediately" #EndDACA -- @POTUS should end it NOW!
2) CALL THE WHITE HOUSE
Call the White House comment line -- 202-456-1111 -- and leave a message telling Pres. Trump to end DACA.
3) MESSAGE THE WHITE HOUSE
Send a message to the White House using the online contact form: https://www.whitehouse.gov/contact
In your message, be sure to remind Pres. Trump that he called the DACA amnesty illegal and unconstitutional and pledged to end it multiple times on the campaign trail.
Nearly 800,000 illegal aliens have received work permits through the illegal DACA amnesty since its inception in 2012
More than 17,000 initial DACA requests were approved and 107,000 work permits were renewed during the first three months of 2017
The unemployment rate for American workers between 18-29 with only a HS degree is more than double the national rate -- this is the group most likely to compete with DACA recipients (source)
CHRIS CHMIELENSKI NUMBERSUSA
Immigration hawks say illegal alien recipients of an Obama-created amnesty program obtaining Green Cards and even U.S. citizenship was “bound to happen.” They want to see illegal and legal immigration reduced to relieve Americans of the burden.
New USCIS data released by Sen. Chuck Grassley (R-IA) revealed that more than 40,000 illegal aliens who were previously protected by Obama’s Deferred Action for Childhood Arrivals (DACA) program managed to obtain backdoor amnesty because of an advanced parole loophole.
Under advanced parole, illegal aliens protected by DACA were allowed to leave the U.S. and return, transforming their once illegal status into a now formally legal immigrant status.
The findings of the USCIS data reveal:
45,447 DACA recipients have been approved for advance parole
59,778 DACA recipients have applied for Lawful Permanent Resident, known as a ‘Green Card’
39,514 DACA recipients have been approved for a Green Card
Of the DACA recipients with Green Cards, 2,181 have applied for U.S. citizenship
Of the DACA recipients with Green Cards, 1,056 have become U.S. citizens
Center for Immigration Studies (CIS) Director of Policy Jessica Vaughan was one of few immigration analysts to sound the alarm in 2012 on DACA recipients’ potential for obtaining Green Cards and U.S. citizenship.
The year Obama enacted DACA via executive action, Vaughan penned a piece titled “So Much for ‘No Path to Citizenship’ for DACA DREAMers,” where she outlined how DACA would quickly become a backdoor amnesty.
“When President Obama announced on June 15 that he would bypass Congress and offer legal status to the so-called DREAMers, he said: ‘Now, let’s be clear — this is not amnesty, this is not immunity, this is not a path to citizenship.’ False on all three counts, as it turns out,” Vaughan wrote in 2012.
CIS Executive Director Mark Krikorian says he’s not surprised by the news of DACA recipients obtaining Green Cards and U.S. citizenship.
“This was bound to happen. Our analyst [Jessica Vaughan] warned about this as soon as President Obama announced DACA,” Krikorian told Breitbart Texas.
“We warned everyone this would happen,” Krikorian stated.
Ira Mehlman of the Federation for American Immigration Reform (FAIR), which has been vigorously pushing President Trump’s administration to end DACA as he promised, told Breitbart Texas that the program is now proven to have been “used to bootstrap amnesty on top of de facto amnesty.”
“It belies the Obama administration to claim that [DACA] was not about amnesty,” Mehlman said. “They supplied a backdoor for people to gain citizenship who otherwise would not have been eligible.”
Kirkorian said the data showing that more than 1,000 DACA recipients have obtained U.S. citizenship shows how quickly the advanced parole loophole was taken advantage of by illegal aliens.
“The fact that there are people that now have citizenship… that means some people took advantage of this immediately [after DACA was enacted],” Krikorian said. “They would have had to do this right away.”
Trump is expected to announce the future of the DACA amnesty program next week, as Breitbart News reported.
Kansas Secretary of State Kris Kobach talks with a reporter in his office in Topeka. Kobach, co-chairman of President Donald Trump’s Presidential Advisory Commission on Election Integrity who is promoting Trump’s unsubstantiated claims of widespread voter fraud, oversees a Kansas ...
By Sally Persons - The Washington Times - Friday, September 1, 2017
Kansas Secretary of State Kris Kobach said Friday that he would advise President Trump to end DACA now, or Mr. Trump will face political consequences.
“The legal question isn’t even a close one. You’ve already had multiple courts say that a similar amnesty that came a few years after DACA was completely illegal,” Mr. Kobach, Kansas Republican, said on Fox News. “It’s a loser. And the president, if he were to continue DACA, would lose in court and politically.”
“It would be a very bad political construction because his base would be cheering against him when his administration loses,” he said.
DACA — Deferred Action for Childhood Arrivals — is an immigration policy started under former President Barack Obama to allow certain illegal immigrants who came to the U.S. as children to stay. Mr. Trump has said he wanted to end the program, but has since been open to preserving parts of it in a slower phase-out method.
“There is a way the president can do it that does show some compassion for the situation of these people and that is to simply allow them to expire. And so a person who got a DACA amnesty yesterday has two years to live and work in the United States. Allow that person’s amnesty, illegal though it is, to continue for two years,” Mr. Kobach said.
President Trump reportedly is close to ending Obama’s Deferred Action for Childhood Arrivals (DACA) program that gives temporary amnesty and work permits to 850,000 young illegal aliens. A study by Facebook CEO Mark Zuckerberg’s open-borders organization showed that it would open nearly 700,000 jobs to American citizens. The study unintentionally revealed how many additional job opportunities American workers would have if President Trump actually were to keep his campaign promise and repeal DACA. –GEG
Zuckerberg’s FWD.us group – a pro-immigration lobbying group – released the study with the intention to show the hardships of ending the Deferred Action for Childhood Arrivals (DACA) program, where more than 850,000 young illegal aliens have been given temporary amnesty would have on the American economy.
The study unintentionally revealed how many more job opportunities American workers would have if President Trump were to repeal DACA, as he promised his supporters he would do.
According to the FWD.us study, if DACA is repealed it would mean potentially 700,000 American jobs could open up for American citizens.
The study claims that on average, if Trump were to repeal DACA, 30,000 American job opportunities would open up each month. FWD.us President Todd Schulte touted the results of the study as a loss for America’s business community, saying it would have “severe consequences” on the economy.
“Eliminating DACA would have immediate and severe consequences for not only the 800,000 Dreamers enrolled in the program, but for the millions of Americans who live, work, and study with these young people every single day,” Schulte said in a statement.
Immigration hawks have long argued the booming illegal alien population–estimated between 12 to 30 million–and high levels of legal immigration, where the U.S. admits more than one million a year, contribute to the displacement of American workers and wage stagnation.
The open borders lobby and corporate interests teamed up over the last few months to defend DACA and demand the Trump Administration keep the program going.
A legal threat by a number of state attorneys general, including Texas’ Ken Paxton, could potentially force the Trump Administration to end the program or decline to defend the program in court.