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U.S. Constitution
See other U.S. Constitution Articles

Title: Head fake? Obama never signed amnesty order
Source: [None]
URL Source: http://www.wnd.com/2014/12/head-fak ... sty-order/#F1eslss22vsTldSp.99
Published: Dec 5, 2014
Author: JEROME R. CORSI
Post Date: 2014-12-05 06:29:39 by out damned spot
Keywords: amnesty, executive order, never signed
Views: 898
Comments: 5

NEW YORK – It’s common knowledge President Obama signed an executive order directing the Department of Homeland Security to forgive millions of illegal aliens for their past violations of immigration law, right?

Wrong.

Today the National Archives and Records Administration, responsible for such maintaining such filings, said no such executive order was ever signed or filed, confirming WND’s report Wednesday.

A National Archives librarian, Jeffrey Hartley, made the confirmation in an email Thursday to 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,” Hartley wrote.

Hartley said that neither of the executive orders Obama signed in Las Vegas the day after his announcement fulfill his plan to defer deportations and grant work permits to up to 5 million illegal aliens.

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

The two documents Hartley referenced were the two executive orders Obama signed in Las Vegas Nov. 21.

One was a presidential proclamation creating a White House Task Force on New Americans and the other a presidential memorandum instructing the secretaries of State and Homeland Security to consult with various governmental and non- governmental entities to reduce costs and improve service in issuing immigrant and non-immigrant visas.

What do YOU think? Why didn’t Obama actually sign an amnesty order? Sound off in today’s WND poll!

Meanwhile, the office of Texas Attorney General and Governor-elect Greg Abbott – who has filed a lawsuit against Obama’s immigration action – told WND it was aware there was no executive order signed by Obama implementing the actions outlined to the nation in his Nov. 20 speech.

On Wednesday, attorneys general in 16 other states joined in the lawsuit with Abbott charging Obama’s immigration action violated the U.S. Constitution’s “Take Care” clause and failed to follow the Administrative Procedure Act’s guidelines for implementing new policies, including a comment period to outline the changes’ benefits.

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.”

If 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.”

The “Guide to the Federal Rulemaking Process” published by the Office of the Federal Register specifies agencies “get their authority to issue regulations from laws (statutes) enacted by Congress.”

In an interview with WND Wednesday, Tom Fitton, president of Washington-based watchdog Judicial Watch, said the legal status of Johnson’s memo is a serious constitutional question that deserves to be adjudicated.

He said Obama’s “entire implementing authority” regarding the immigration action is Johnson’s memo, “which changes the immigration law, directing federal money to be spent that has not been appropriated by Congress.”

“In my view, there is a serious question whether Jeh Johnson should be impeached for taking this action, and a criminal investigation should be initiated to determine how and why federal funds are being misappropriated,” he declared.

How did everyone get it wrong?

How then did the White House manage to convince the mainstream media, Congress and the nation that Obama had signed in Las Vegas two executive orders to implement the immigration actions he announced in his Nov. 20 speech from the White House?

On Nov. 20 at approximately 6 p.m., the White House press office released a “Fact Sheet” titled “Immigration Accountability Executive Action.”

The first sentence read: “The President’s Immigration Accountability Executive Actions will help secure the border, hold nearly 5 million undocumented immigrants accountable, and ensure that everyone plays by the same rules. Acting within his legal authority, the President is taking an important step to fix our broken immigration system.”

The second sentence stated: “These executive actions crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay their fair share of taxes as they register to temporarily stay in the U.S. without fear of deportation.”

While neither sentence claimed Obama was about to sign an implementing executive order, both conveyed the impression “executive actions” would be taken to somehow legitimate the status of some 5 million illegal immigrants currently in the country.

In his Nov. 20 speech, Obama said: “Now, I continue to believe that the best way to solve this problem is by working together to pass that kind of common sense law. But until that happens, there are actions I have the legal authority to take as President – the same kinds of actions taken by Democratic and Republican presidents before me – that will help make our immigration system more fair and more just. Tonight, I am announcing those actions.”

The next day, the White House press office issued a “travel pool report” documenting that at about 12:15 p.m. local time in Las Vegas, shortly after landing and still aboard Air Force One, President Obama “signed two memoranda associated with his executive actions on immigration,” giving the impression the documents were orders to implement the changes in policy the president had specified in his speech.

The pool report said only still photographers were invited to record the signing, with no pool reporters allowed to be present or to answer questions.

Upon landing in Las Vegas, the White House press office released a statement saying, “Today aboard Air Force One the president signed two Presidential Memoranda associated with his executive actions.”

The White House press office did properly identify the contents of the two presidential memoranda, but no White House reporter at the time observed that they had nothing to do with modifying prosecution under DACA but dealt instead with unrelated immigration matters.

In his Las Vegas speech at Del Sol High School, Obama said: “We’re going to keep on working with members of Congress to make permanent reform a reality. But until that day comes, there are actions that I have the legal authority to take that will help make our immigration system more fair and more just. And this morning, I began to take some of those actions.”

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#1. To: All (#0)

Did he pretend to usurp Congress' power just to get the RINOs to hurry up and pass an amnesty bill?

www.speaker.house.gov/contact

out damned spot  posted on  2014-12-05   6:34:54 ET  Reply   Trace   Private Reply  


#2. To: All (#1)

SageBrushRebel:

The three orders really issued by Obama on 21 November while the “smoke and mirrors” of his immigration actions were roiling America are innocuously titled:

Delegation of Authority Under Section 614 of the Foreign Assistance Act of 1961

Presidential Determination on Refugee Admissions for Fiscal Year 2015.

Determination With Respect to the Child Soldiers Prevention Act of 2008.

I am quoting from whatdoesitmean.com where they talk about what we should be hearing and talking about. Immigration was the cover for the three signed executive orders that were signed. They are in the Federal Register and the refugee order will allow 70,000 "refugees into the country from Africa, the Middle East and Asia. We could see Islamic fighters allowed in very easily. Child soldiers in the country, sure, they will not be a problem.

out damned spot  posted on  2014-12-05   6:58:58 ET  Reply   Trace   Private Reply  


#3. To: out damned spot (#0)

You must parse political phrasing carefully, ascertaining what the meaning of the word “is” is. The Obama administration anounced and took executive actions.

http://www.dhs.gov/immigration-action

Fixing Our Broken Immigration System Through Executive Action - Key Facts

(En español)

The President asked Secretary Johnson and Attorney General Eric Holder to undertake a rigorous and inclusive review to inform recommendations on reforming our broken immigration system through executive action. This review sought the advice and input from the men and women charged with implementing the policies, as well as the ideas of a broad range of stakeholders and Members of Congress from both sides of the aisle. Our assessment identified the following ten areas where we, within the confines of the law, could take action to increase border security, focus enforcement resources, and ensure accountability in our immigration system.

Executive Actions

Strengthen Border Security

DHS will implement a Southern Border and Approaches Campaign Strategy to fundamentally alter the way in which we marshal resources to the border. This new plan will employ DHS assets in a strategic and coordinated way to provide effective enforcement of our laws and interdict individuals seeking to illegally across land, sea, and air. To accomplish this, DHS is commissioning three task forces of various law enforcement agencies. The first will focus on the southern maritime border. The second will be responsible for the southern land border and the West Coast. The third will focus on investigations to support the other two task forces. In addition, DHS will continue the surge of resources that effectively reduced the number of unaccompanied children crossing the border illegally this summer. This included additional Border Patrol agents, ICE personnel, criminal investigators, additional monitors, and working with DOJ to reorder dockets in immigration courts, along with reforms in these courts.

Revise Removal Priorities

DHS will implement a new department-wide enforcement and removal policy that places top priority on national security threats, convicted felons, gang members, and illegal entrants apprehended at the border; the second-tier priority on those convicted of significant or multiple misdemeanors and those who are not apprehended at the border, but who entered or reentered this country unlawfully after January 1, 2014; and the third priority on those who are non-criminals but who have failed to abide by a final order of removal issued on or after January 1, 2014. Under this revised policy, those who entered illegally prior to January 1, 2014, who never disobeyed a prior order of removal, and were never convicted of a serious offense, will not be priorities for removal. This policy also provides clear guidance on the exercise of prosecutorial discretion.

End Secure Communities and Replace it with New Priority Enforcement Program

DHS will end the Secure Communities program, and replace it with the Priority Enforcement Program (PEP) that will closely and clearly reflect DHS’s new top enforcement priorities. The program will continue to rely on fingerprint-based biometric data submitted during bookings by state and local law enforcement agencies and will identify to law enforcement agencies the specific criteria for which we will seek an individual in their custody. The list of largely criminal offenses is taken from Priorities 1 and 2 of our new enforcement priorities. In addition, we will formulate plans to engage state and local governments on enforcement priorities and will enhance Immigration and Customs Enforcement’s (ICE) ability to arrest, detain, and remove individuals deemed threats to national security, border security, or public safety.

Personnel Reform for ICE Officers

Related to these enforcement and removal reforms, we will support job series realignment and premium ability pay coverage for ICE ERO officers engaged in removal operations. These measures are essential to bringing ICE agents and officers pay in line with other law enforcement personnel.

Expand Deferred Action for Childhood Arrivals (DACA) Program

We will expand eligibility for DACA to encompass a broader class of children. DACA eligibility was limited to those who were under 31 years of age on June 15, 2012, who entered the U.S. before June 15, 2007, and who were under 16 years old when they entered. DACA eligibility will be expanded to cover all undocumented immigrants who entered the U.S. before the age of 16, and not just those born after June 15, 1981. We will also adjust the entry date from June 15, 2007 to January 1, 2010. The relief (including work authorization) will now last for three years rather than two.

Extend Deferred Action to Parents of U.S. Citizens and Lawful Permanent Residents

DHS will extend eligibility for deferred action to individuals who (i) are not removal priorities under our new policy, (ii) have been in this country at least 5 years, (iii) have children who on the date of this announcement are U.S. citizens or lawful permanent residents, and (iv) present no other factors that would make a grant of deferred action inappropriate. These individuals will be assessed for eligibility for deferred action on a case-by-case basis, and then be permitted to apply for work authorization, provided they pay a fee. Each individual will undergo a thorough background check of all relevant national security and criminal databases, including DHS and FBI databases. With work-authorization, these individuals will pay taxes and contribute to the economy.

Expand Provisional Waivers to Spouses and Children of Lawful Permanent Residents

The provisional waiver program DHS announced in January 2013 for undocumented spouses and children of U.S. citizens will be expanded to include the spouses and children of lawful permanent residents, as well as the adult children of U.S. citizens and lawful permanent residents. At the same time, we will further clarify the “extreme hardship” standard that must be met to obtain the waiver.

Revise Parole Rules

DHS will begin rulemaking to identify the conditions under which talented entrepreneurs should be paroled into the United States, on the ground that their entry would yield a significant public economic benefit. DHS will also support the military and its recruitment efforts by working with the Department of Defense to address the availability of parole-in-place and deferred action to spouses, parents, and children of U.S. citizens or lawful permanent residents who seek to enlist in the U.S. Armed Forces. DHS will also issue guidance to clarify that when anyone is given “advance parole” to leave the country – including those who obtain deferred action - they will not be considered to have departed. Undocumented aliens generally trigger a 3- or 10-year bar to returning to the United States when they depart.

Promote the Naturalization Process

To promote access to U.S. citizenship, we will permit the use of credit cards as a payment option for the naturalization fee, and expand citizenship public awareness. It is important to note that the naturalization fee is $680, currently payable only by cash, check or money order. DHS will also explore the feasibility of expanding fee waiver options.

Support High-skilled Business and Workers

DHS will take a number of administrative actions to better enable U.S. businesses to hire and retain highly skilled foreign-born workers and strengthen and expand opportunities for students to gain on-the-job training. For example, because our immigration system suffers from extremely long waits for green cards, we will amend current regulations and make other administrative changes to provide needed flexibility to workers with approved employment-based green card petitions.

Additional Information

Last Published Date: November 21, 2014

nolu chan  posted on  2014-12-05   15:22:28 ET  Reply   Trace   Private Reply  


#4. To: out damned spot (#1)

Did he pretend to usurp Congress' power just to get the RINOs to hurry up and pass an amnesty bill?

BINGO.

Boehner and McConnell BOTH know, yet are bamboozling all Pubbies and conservatives.

Q: Why won't ANY group of Republican rise in defiance and expose this mad charade??

Liberator  posted on  2014-12-06   14:40:46 ET  Reply   Trace   Private Reply  


#5. To: out damned spot (#0)

How then did the White House manage to convince the mainstream media, Congress and the nation that Obama had signed in Las Vegas two executive orders to implement the immigration actions he announced in his Nov. 20 speech from the White House?

Because so-called "Republican leadership" is in cahoots with the Dems, the media, and the PTB in support of a New World Order and destruction of the United States of America (as we know it.)

Any one who still disbelieves in an open, vast conspiracy and existence of a Shadow Government driving an agenda to eradicate the USA, its Constitution and national sovereignty is...AN IDIOT.

Next question...

Liberator  posted on  2014-12-06   14:47:05 ET  Reply   Trace   Private Reply  


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