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FEDERAL COURT DECISION BLOCKS OBAMA'S IMMIGRATION PLAN

 

By NWV Senior Political News Writer, Jim Kouri
Posted 1:00 AM Eastern
December 19, 2014
© 2014 NewsWithViews.com

Part of President Barack Obama's new plan to extend an amnesty of sorts for upwards of 5 million illegal aliens hit its first legal roadblock on Tuesday. A federal judge handed down a ruling that stated providing relief from deportation for what Obama's lawyers euphemistically call "undocumented immigrants" is a clear violation the of the United States Constitution. The court decision is the first of many expected decisions that may eventually push the lawsuits against de facto amnesty up to the U.S. Supreme Court in 2015.

The government attorneys in response to the ruling claim the decision has not caused the Obama administration to give up on its planned executive orders, and that Judge Arthur Schwab of the Western District of Pennsylvania had used a case of an illegal alien, Elionardo Juarez-Escobar, that was not relevant to the issue.

Schwab is the first judge to rule on the legality of the plan Obama announced on Nov. 20, 2014, after years of denying he had the authority to take any action that would interfere in the execution of immigration law. Besides a majority of voters who oppose executive action by the president, the Republicans in the House of Representatives and the Senate are already mounting their own legal challenges, not to mention challenges by the attorneys general of about 24 states and other lawsuits and injunction motions filed in federal court by law enforcement officials and government watchdogs.

Judge Schwab ruled, what most legal scholars have stated: that Obama's executive action was a clear violation of the U.S. Constitution's separation of powers as well as the requirement for the President to "faithfully execute laws" that are passed by Congress and signed by the President of the United States.

"Obama has displayed a propensity for deciding how and when to uphold certain laws and he's gone as far as deception in order to rationalize what many believe is unlawful acts by the executive branch," said political strategist and attorney Michael Baker. "Sadly, until the case comes before the nation's highest court, this issue will drag on and illegal aliens will remain in the country illegally. And that includes those who are classified as criminal aliens," he said.

While entering the United States illegally is considered a misdemeanor or minor offense, re-entering after deportation is a crime punishable by up to 20-years in prison.

This month will see another federal case address this same issue: a federal district court judge on has ordered a Dec. 22, 2015, hearing regarding a lawsuit filed by Maricopa County, Arizona, Sheriff Joe Arpaio to halt any action by the Obama administration to stop deportations or to grant work permits to more than five million illegal aliens. Judge Beryl Howell of the U.S. District Court for the District of Columbia on Wednesday ruled that President Barack Obama must respond to Sheriff Arpaio's legal action.

The newly elected Governor of Texas, Greg Abbott, who is leaving the office of state attorney general, noted that the presidential decree "circumvents the will of the American people." Texas is leading more than 20 other states in fighting Obama's "amnesty by fiat," and Abbott believes his state will make a convincing argument regarding the harm to Texas and Texans by such an action.

Betrayal by Republicans?

While the Republicans are getting ready to take control of the of the U.S. Senate in just a few weeks, Americans witnessed a preview on Saturday of what can be expected in 2015 from a GOP majority in both houses of the U.S. Congress. When Sen. Ted Cruz, R-Texas, raised a point of order saying that President Barack Obama's immigration reform by fiat is unconstitutional, during the heated debate over the $1.1 trillion spending bill, he only received support from 22 senators.

The vast majority of the U.S. Senate openly disagreed with Sen. Cruz’s attempt to enter opposition to President Obama’s executive order on immigration, on the grounds it is unconstitutional, in the omnibus spending bill for 2015.

Cruz's reason for making his "constitutional point of order" part of the budget debate is that some of the funds contained in the spending bill will be used to implement Obama's de facto amnesty for millions of illegal aliens. The bill that passed in the House and Senate will fund the government through September 2015, therefore avoiding the feared government shutdown. No matter who would cause the shutdown, the Democratic Party and the news media have an unwritten pact to blame the Republicans.

During the debate, Senator Cruz, who is being touted as a possible presidential contender in 2016, told his fellow lawmakers, “If you believe President Obama’s executive order was unconstitutional vote yes. If you think the president’s executive order is constitutional vote no. Only 22 senators voted with Cruz and 74 voted against his point of order.

"The majority of GOP lawmakers showed that when it comes to illegal aliens and border security, they are all talk. This vote on Saturday shows that the issue of immigration reform is a bipartisan movement against the will of the people," said political strategist Jess Faulkner, a former federal police officer.

Cruz and Tea Party favorite, Sen. Mike Lee, R-Utah, allowed the vote on the spending bill Saturday night after blasting some of the appropriations and "pork" contained in the budget, especially the hundreds of millions of dollars for illegal alien programs including work permits, healthcare and other expenditures. Both conservative senators have bashed President Obama’s executive order on immigration. They have labeled it an “illegal amnesty program for illegal aliens."

In the House, GOP lawmakers have refused to fund the Department of Homeland Security beyond February 2015 as part of their opposition to what they term Obama’s overreach. However Senators Lee and Cruz wanted something that would stop Obama from proceeding with his plan.

Meanwhile, opponents of Obama's immigration reform by fiat are attempting to stop his administration from implementing executive orders regarding illegal aliens. So far about 17 states' attorneys general have banded together to fight "amnesty" within the federal court system. In addition, other officeholders throughout the country have filed -- or will be filing -- their own lawsuits against President Obama and his administration.

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For example, a federal district court judge on Wednesday ordered a Dec. 22, 2015, hearing regarding a lawsuit filed by Maricopa County, Arizona, Sheriff Joe Arpaio to halt any action by the Obama administration to stop deportations or to grant work permits to more than five million illegal aliens. Judge Beryl Howell of the U.S. District Court for the District of Columbia on Wednesday ruled that President Barack Obama must respond to Sheriff Arpaio's legal action by Dec. 15, 2015. Arpaio is being represented by the founder of Freedom Watch, attorney Larry Klayman. Klayman served as a Justice Department prosecutor before becoming a leading opponent of government corruption.

© 2014 NWV - All Rights Reserved

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Meanwhile, opponents of Obama's immigration reform by fiat are attempting to stop his administration from implementing executive orders regarding illegal aliens. So far about 17 states' attorneys general have banded together to fight "amnesty" within the federal court system.