Laxalt correct to join suit over immigration executive orders

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The primary thrust of Nevada Attorney General Adam Laxalt’s decision to join 25 other states in suing over the president’s executive orders blocking deportation of millions of illegal immigrants is strictly about the rule of law and the limited powers granted by the Constitution.

The lawsuit spearheaded by the state of Texas and filed in federal court in Brownsville states clearly in its second paragraph: “This lawsuit is not about immigration. It is about the rule of law, presidential power, and the structural limits of the U.S. Constitution.”

In his press release announcing the state’s joining the list of plaintiffs, Laxalt also stated: “Our immigration system is broken and clearly needs to be fixed. But just as clearly, the solution is not for the president to act unilaterally disregarding the U.S. Constitution and laws. The solution must be a permanent, legal result that includes, not ignores, the other branches of government and their constitutional roles. Anything less is a false hope undermining the rule of law that injures millions of people in America, including many in Nevada.”

Nevada joined the suit the day after federal Judge Andrew Hanen heard arguments in the case. Judge Hanen repeatedly pressed the Justice Department attorney to explain by what legal authority President Obama could take such action.

Hanen is the judge who two years ago basically accused the Department of Homeland Security of aiding and abetting child smuggling when it stopped a smuggler bringing a 10-year-old El Salvadoran girl into the U.S., but then delivered the girl to her mother who had paid $8,500 to the smuggler.

The judge noted that the DHS failed to arrest the mother for instigating the conspiracy to violate our border security laws, but instead delivered the child to her — “thus successfully completing the mission of the criminal conspiracy. It did not arrest her. It did not prosecute her. It did not even initiate deportation proceedings for her. The DHS policy is a dangerous course of action. …”

The federal lawsuit joined by Laxalt points out that the DREAM Act that would have allowed children brought into this country illegally to stay was introduced in March 2009. After that Obama said on at least eight occasions he could not himself impose such amnesty.

“I am president, I am not king. I can’t do these things just by myself. …” he said. “I can’t just make the laws up by myself.”

In June 2012, Obama did just that, announcing the sweeping Deferred Action for Childhood Arrivals (DACA), even though his own Justice Department advised that immigration officials should be required “to evaluate each application for deferred action on a case-by-case basis, rather than granting deferred action automatically to all applicants …”

The acceptance rate for DACA applicants is more than 99.5 percent. Sounds automatic.
After that there was a clamor to not break up families and let the parents of those children remain in this country, too. To which Obama said on at least nine occasions, according to the lawsuit, that he did not have that power: “I’m not a king. I am the head of the executive branch of government. I’m required to follow the law.”

In November, Obama unilaterally waived deportations for the parents, candidly admitting, “I just took an action to change the law,” even though his own Justice Department advised “the proposed deferred action program for parents of DACA recipients would not be permissible.”

The lawsuit also points out the president’s action is costly to the states, because they are the ones who must pay for the health care, education and law enforcement related to those immigrants who have been given an incentive to come here and now accommodated to stay here.

Though the president has argued his actions amount to prosecutorial discretion, the suit notes he went far beyond that discretion, allowing them to be employed and benefit from Social Security and Medicaid.
All of these actions are the purview of Congress. The president is required by the Constitution to “take Care that the Laws be faithfully executed.”

We applaud the attorney general in joining in this quest to restore the rule of law. — TM

Comments

  1. Dave Francis says:

    CAN YOU EVEN THINK WHAT $538 BILLION COULD DO FOR AMERICANS?
    Its beyond comprehension that Obama’s mob rule, would dare threaten the United States Congress unless they fund a stinking criminal act aspired by the man in the Oval Office. It’s beyond my understanding of any patriotic American, why Democrats would support his actions on illegal immigration, not considering they too will be paying extra taxes—unless they are the deadbeats, that enjoys the free handouts to keep them on his side. Why would Democrats want to protect foreign criminals, when their own families are suffering from loss of a decent job.

    A president who has violated the very laws passed down to us from the Founding Fathers. It’s even worse than expected when Obama’s administrated demons, would give tax refunds to illegal aliens who have wrecked American lives by stealing Social Security numbers and other Identification to take jobs from their victims. According to the IRS Commissioner John Koskinen, illegal immigrants who qualify to stay in the country under President Obama’s deportation amnesty will be able to claim tax refunds if they have filled their tax returns over the course of the previous 3 years after being issued Individual Taxpayer Identification Numbers.

    Under Obama’s ruling and his elected officials Americans no longer govern themselves, they are now being ruled by a regime that has mutated to even more agencies and even more Bureaucrats. This government cannot even tell the truth about unemployment. If you work one hour a week and get paid $20 or more, Obama considers you employed. We as Americans have been lied to, cheated by a bunch of hypocrites from both parties so much, we can hardly tell the truth from being deceived.

    But one thing is assured; in the 1776s, when a tyrannical executive demanded that Americans fund his actions without representation or consent, and threatened arbitrary and unconstitutional “consequences” to enforce his will upon those Americans, it lit a fire that changed the world. That spirit is not dead yet and, in the face of these threats, its restraint is being sorely tested. There has never been a national crisis as this since the Civil War.

    Don’t be tricked by Washington, thinking you can sit back patiently and do—nothing? We urge you to call your Representative and Senators (the Capitol Switchboard is 1-866-220-0044) and ask them to keep up the pressure on their state to block an illegal alien amnesty. CALL YOUR MEMBER OF CONGRESS OR STAND ASIDE FOR AMERICAN PATRIOTS. Every time an illegal alien slips past our unsecured border, we, the taxpayer must financially support them. Learn more at NumbersUSA or Alipac on this toxic subject if neither party will hermetically seal the border for good.

    Statistics from another Blogger:
    We cannot afford Amnesty.1. $14 billion to $22 billion dollars are spent each year on welfare to
    illegal aliens. (That’s Billion with a ‘B’)
    2. $7.5 billion dollars are spent each year on Medicaid for illegal aliens.
    3. $12 billion dollars are spent each year on primary and secondary school
    education for children here illegally and they still cannot speak a word of
    English!
    4. $27 billion dollars are spent each year for education for the
    American-born children of illegal aliens, known as anchor babies.
    5. $3 Million Dollars ‘PER DAY’ is spent to incarcerate illegal aliens.
    That’s $1.2 Billion a year.
    6. 28% percent of all federal prison inmates are illegal aliens.
    7. $190 billion dollars are spent each year on illegal aliens for welfare
    & social services by the American taxpayers.
    8. $200 billion dollars per year in suppressed American wages are caused by
    the illegal aliens.
    9.. The illegal aliens in the United States have a crime rate that’s two and
    a half times that of white non-illegal aliens. In particular, their children,
    are going to make a huge additional crime problem in the US …
    10. During the year 2005, there were 8 to 10 MILLION illegal aliens that
    crossed our southern border with as many as 19,500 illegal aliens from other
    terrorist countries. Over 10,000 of those were middle-eastern terrorists.
    Millions of pounds of drugs, cocaine, meth, heroin, crack, Guns, and marijuana
    crossed into the U.S. from the southern border.
    11. The National Policy Institute, estimates that the total cost of mass
    deportation would be between $206 and $230 billion, or an average cost of
    between $41 and $46 billion annually over a five year period and nbsp;
    12. In 2006, illegal aliens sent home $65 BILLION in remittances back to
    their countries of origin, to their families and friends.
    13. The dark side of illegal immigration: Nearly one million sex crimes are
    committed by illegal immigrants in the United States!
    Total cost a whopping $538.3 BILLION DOLLARS A YEAR!!

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