Congressional Democrat Lies perpetrated against US citizens
on DACA and Immigration Reform since 2007
Democrats have held the majority vote in Congress from 2007-2011. From 2011 to 2014 they held the senate majority. In 2015-2016 the Republicans finally managed to gain control of both houses and even now the Republicans waddle when Democrats quack.
Yet the Democrats were unable to pass bills on Immigration reform or on DACA. There is something fishy on this front —
- 2007 – Reid introduced a reform bill that ended up with over 185 amendments yet could not pass in the senate (out of 100 possible votes only 31 approved the bill)
- 2009 – 1 House and 0 Senate immigration reform bills never made it out of committee
- 2010 – 1 Senate bill never made it out of committee
- 2011 – 2 immigration reform bills including the Dream Act never made it out of committee
- 2013 – 1 immigration reform bill was introduced by Reid and never got beyond that
Where do Democrats get off saying that THEY were unable to pass reform legislation because of Republicans?
Where do they get off with all those gestures of tears and rants over DACA and immigration reform today?
Where did Obama get off unilaterally deciding to set in motion a course of actions both against constitutional authority and statute?
After considering the evolution below –
HOW do District Judge Nicholas Garaufis in the Eastern District of New York and District Judge William Alsup of the Northern District of California explain their illegal rulings to halt not a law, not an executive order, but a prosecutorial discretion directive from the Department of Homeland Security to the Immigration Service based off not law but a “verbal directive” from Obama?
Evolution of Immigration Reform and DACA under Obama
Executive Order, Memorandum, or Something Else
President Obama Issued a Directive, Not an “Executive Order” or “New Law” which directed Homeland Security to use prosecutorial discretion to treat DACA students with kid gloves according to the American Immigration Council in June 2012. Further clarification can be found at Heinonline and at Migration Policy Institute.
In fact Immigration Equality group in 2012 warned emphatically when asked if the Dream Act passage was still necessary as a path to naturalization and lawful resident status: “Yes. Deferred action is only a temporary measure and is not intended to, and does not grant, legal status to the individuals that the DREAM Act seeks to benefit. Given that only Congress can confer the right to lawful permanent resident status or citizenship, it is essential that we continue to work towards the passage of the DREAM Act.”
In reality the DACA illegals were only given a two-year reprieve from deportation with an option for renewal. That renewal in 2014 would still have only held valid until 2016 and even an extension of two years then would have only carried DACA through 2018.
If someone scans the Compilation of Presidential Documents for 2012, the person will not see an executive order or a memorandum listed in 2012 to DHS that as a directive had been registered in the National Archives under this subject. Immigration while on everyone’s mind was not directly mentioned by Obama again until his Address to the Nation on November 20, 2014 and his memorandum on November 21, 2014 addressing streamlining the immigration system and memorandum issued the same day creating welcoming communities.
In response Janet Napolitano as Secretary Homeland Security issued a
using prosecutorial discretion that was meant to be applied only on an individualized case-by-case basis .
In the same vein, Homeland Security Secretary Acting Directors issued a “Memorandum on Rescission Of Deferred Action For Childhood Arrivals (DACA)” explaining and rescinding the original memorandum directive from DHS.
The Department of Homeland Security established DACA through the issuance of a memorandum and a fact sheet on June 15, 2012. The program purported to use deferred action—an act of prosecutorial discretion meant to be applied only on an individualized case-by-case basis—to confer certain benefits to illegal aliens that Congress had not otherwise acted to provide by law. Specifically, DACA provided certain illegal aliens who entered the United States before the age of sixteen a period of deferred action and eligibility to request employment authorization.
On November 20, 2014, the Department issued a new memorandum, expanding the parameters of DACA and creating a new policy called Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”). Among other things—such as the expansion of the coverage criteria under the 2012 DACA policy to encompass aliens with a wider range of ages and arrival dates, and lengthening the period of deferred action and work authorization from two years to three—the November 20, 2014 memorandum directed USCIS “to establish a process, similar to DACA, for exercising prosecutorial discretion through the use of deferred action, on a case-by-case basis,” to certain aliens who have “a son or daughter who is a U.S. citizen or lawful permanent resident.”
Court Case affirming that discretion conflicted with congressional law.
The United States Court of Appeals for the Fifth Circuit in New Orleans affirmed, holding that Texas and the other states had demonstrated a substantial likelihood of success on the merits and satisfied the other requirements for a preliminary injunction.
The Fifth Circuit concluded that the Department’s DAPA policy conflicted with the discretion authorized by Congress. In considering the DAPA program, the court noted that the Immigration and Nationality Act “flatly does not permit the reclassification of millions of illegal aliens as lawfully present and thereby make them newly eligible for a host of federal and state benefits, including work authorization.” According to the court, “DAPA is foreclosed by Congress’s careful plan; the program is ‘manifestly contrary to the statute’ and therefore was properly enjoined.”
Although the original DACA policy was not challenged in the lawsuit, both the district and appellate court decisions relied on factual findings about the implementation of the 2012 DACA memorandum.
The Fifth Circuit agreed with the lower court that DACA decisions were not truly discretionary, and that DAPA and expanded DACA would be substantially similar in execution.
Both the district court and the Fifth Circuit concluded that implementation of the program did not comply with the Administrative Procedure Act because the Department did not implement it through notice-and-comment rule making.
The Supreme Court affirmed the Fifth Circuit’s ruling by equally divided vote (4-4). The evenly divided ruling resulted in the Fifth Circuit order being affirmed.
The preliminary injunction therefore remains in place today. In October 2016, the Supreme Court denied a request from DHS to rehear the case upon the appointment of a new Justice. After the 2016 election, both parties agreed to a stay in litigation to allow the new administration to review these issues.
President Trump issued an EO 13767 and EO 13768 on January 25, 2017 that asked the Immigration professionals to “faithfully follow the laws on illegal immigration”. Then on September 5, 2017, he went further to “rescind the previous Administration’s memorandum creating the unlawful Deferred Action for Childhood Arrivals (DACA) program.”
Lies based on lies and oft-repeated or deliberately forgotten DO NOT abrogate or do away with the rights of congress to make laws, nor of legal rulings of both the District or the Supreme Courts.
This obstruction of law and of President Trump’s administration to faithfully follow and carry out the law has to end.
It is time to push back and call out every Democrat like Pelosi and Schumer who lies to the public or performs vaudeville acts or deliberately gets arrested in demonstrations in front of the Senate building.
It is time that those who believe they have the rights granted them under a “ghost law” to understand that Obama, DHS, and Immigration did NOT give them anything but false hope.
It is time that DACA people understand that the “SUNSET” clause of the DACA program was and is 2018 since the President declared that no further new or renewed cases would be continued.
It is time that Democrat citizens learn the truth — they have themselves been used, abused, and lied to on immigration and a lot more.
It is also time that ALL members of Congress be held accountable for preparing and sending for presidential approval a true Immigration Reform policy that clearly, concisely, and in no uncertain terms: defines an illegal immigrant and their rights under US law; defines the limits of prosecutorial discretion; defines and removes the “anchor baby” loophole; and eliminates the right of executive agencies and the judicial branch to circumvent congress to prepare resolutions, regulations, programs, or in any way make laws that are not in the scope of their agencies but congressional rights.