There is No Executive Order on Amnesty


Many of you are sports fans and will know that in many sports a player or team can accomplish a lot by faking out their opponent(s). In football, a quarterback will fade back, look at his receivers on one side of the line and act like he’s going to pass the ball to them. Then when the defense all runs in that direction, the quarterback keeps the ball and runs around the other side for a big play or touchdown. In basketball the player with the ball will act like he’s going to shoot the ball causing the defensive player to try to jump and block the shot. Then the player with the balls makes his move and either draws the foul or has an uncontested shot. The same holds true in baseball, hockey, soccer and even bull riding. I’ve had bulls that seemed like they were going to turn one way so I quickly adjusted only to have them reverse and go the other, throwing me off.

Barack Obama has been good at faking the American people and Congress on issues like immigration. In 2008 he promised that he would pass a sweeping immigration reform bill in his first year. Millions of Hispanics believed him and cast their votes for him. Four years later, after breaking that promise, Obama once again promised to pass a sweeping immigration bill and once again millions of Hispanics gave him their votes.

Two years later, Obama once again carried off a very successful fake concerning immigration. On November 20, he spoke to the nation about his plan to issue an executive order to defer the deportation of up to 6 million illegal aliens and to issue them work permits for a period of three years. It sounded very much like Obama was extending a temporary amnesty with the hint that it would eventually be permanent and lead to the possibility of citizenship.

Over half of Americans polled were against Obama’s amnesty plan and many conservatives like myself spoke out against it. We questioned the legality of Obama’s action is bypassing Congress to change federal law.

Republicans in both the House and Senate reacted as if Obama’s executive order was signed, sealed and delivered. The House just voted to stop Obama’s amnesty plan even though they knew it would make no difference at this time. They’ve talked about blocking it by holding up the budgeting bill that is needed to keep the government running after next week.

But while everyone is focusing on Barack Obama and looking into whether or not his actions are legal and how can it be blocked, Obama has implemented his plan without ever signing an executive order to that effect. According to WhiteHouse.gov, the last executive order signed was on October 17 and dealt with improving security for consumer financial transactions. The last signed executive order listed by archives.gov was dated October 10 and dealt with a railroad union dispute.

So what is really happening with the so-called amnesty order?

Jeffrey Hartley, a National Archives Librarian told WND:

“As I indicated, it would appear that there is not an Executive Order stemming from the President’s remarks on November 20 on immigration”

“The only two documents that I have located are two Presidential Memoranda, which are available from the White House site. They can also be found in the November 26, 2014 issue of the Federal Register.”

The two memorandums are:

Presidential Memorandum — Modernizing and Streamlining the U.S. Immigrant Visa System for the 21st Century

Presidential Memorandum — Creating Welcoming Communities and Fully Integrating Immigrants and Refugees

According to Hartley, neither of these memorandums call for the deferred deportation and issuing of work permits for illegal aliens.

What Obama was referring to was a memorandum issued by Jeh Johnson, Secretary of Homeland Security on November 20 titled:

Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents

Texas Attorney General Greg Abbott, who will soon be sworn in as the next Texas Governor, was among the first to realize that Obama never signed an executive order and that it was the Johnson memorandum that Obama was really talking about. Abbott has filed a lawsuit against Obama’s immigration actions which includes the Johnson memorandum. The basis of the lawsuit charges that Barack Obama’s immigration actions violate the ‘Take Care’ clause of the US Constitution and it fails to follow the Administrative Procedure Act rules for executing new policies. Since filing the lawsuit, 16 other states have joined Texas in its legal action to stop Obama.

According to WND:

“Abbott said in a statement the president ‘is abdicating his responsibility to faithfully enforce laws that were duly enacted by Congress and attempting to rewrite immigration laws, which he has no authority to do – something the president himself has previously admitted.’”

“Abbott’s press office referred WND to the complaint filed with the U.S. District Court for the Southern District of Texas asking for declaratory and injunctive relief.”

“The complaint states: ‘The President’s new policies were effectuated through Defendant Johnson’s DHS Directive.’”

“It confirms WND’s report that the only Obama administration document relevant to the plan Obama announced Nov. 20 is a DHS memorandum signed by Johnson titled ‘Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents.’”

“Abbott’s complaint further indicated the only basis for the DHS memo directing the change in the operation of the Deferred Action for Child Arrivals program was not a presidential executive order but a legal opinion written by the principal deputy assistant attorney general in the Office of Legal Counsel, Karl R. Thompson, to advise Johnson and White House counsel.”

“The principal argument in Abbott’s complaint is that the DHS directive violates the president’s constitutional duty to ‘take Care that the Laws be faithfully executed,’ as set forth by the U.S. Constitution in Article II, Section 3, Clause 5.”

“‘The Take Care Clause limits the President’s power and ensures that he will faithfully execute Congress’s laws – not rewrite them under the guise of executive “discretion,”’ ‘Abbott’s complaint stated in the first count.”

“The second count further confirmed WND’s reporting that Johnson’s Nov. 20 memorandum has not been filed in the Federal Register, which means it has not been available for public comment as required by federal law for federal administrative agencies seeking to engage in rulemaking.”

“‘The Defendants promulgated and relied upon the DHS Directive without authority and without notice-and-comment rulemaking,’ Abbott’s complaint specified in Count Two. ‘It is therefore unlawful.’”

Obama knew he was untouchable so he drew the attention on the amnesty issue while his DHS puppet was the one that acted illegally. If anyone is legally held accountable for taking illegal action on amnesty and the dealings with illegal aliens it will be Jeh Johnson and not Barack Obama. I have the impression that Obama purposely set Johnson up to take the fall for him. After all, everyone else is expendable to Obama and Johnson is nothing more than just another pawn for the Criminal-in-Chief to play with.

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