Tuesday, October 25, 2016

Executive Amnesty

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There are two main components driving the nation’s illegal immigrant problem – the illegal immigrants themselves and the companies that employ them.

Up until now, the two remedies available to the federal government have been the deportation of illegal aliens from the country and fining the companies caught employing them.

As everyone knows, President Barack Obama has gutted the Border Patrol and tied the hands of the Immigration and Customs Enforcement agency to find, detain and deport illegal immigrants through a nice sounding policy called “deferred deportation’.

Now President Obama has dropped the other shoe. Effective immediately – and by Executive Order – the federal government will suspend enforcement actions against companies that hire illegal immigrants. That means no administrative actions, no fines, no criminal charges – nothing to take the profit out of illegal immigrant labor.

While this is a boom to the Chambers of Commerce and other business organizations it is is a knife in the heart of out-of-work Americans hoping for employment from companies offering jobs “Americans won’t do” – especially those in the construction, farming, landscaping and domestic service industries.

According to “happy talk” coming out of the politicized Bureau of Labor Statistics:

“In May, both the unemployment rate (5.5 percent) and the number of unemployed persons (8.7 million) were essentially unchanged. Both measures have shown little movement since February.

Among the major worker groups, the unemployment rates for adult men (5.0 percent), adult women (5.0 percent), teenagers (17.9 percent), whites (4.7 percent), blacks (10.2 percent), Asians (4.1 percent), and Hispanics (6.7 percent) showed little or no change in May.”

But these numbers don’t include people who have given up looking for work including millions of Americans who have exhausted their unemployment benefits. If you add in Americans who have lost hope, the overall unemployment rate is closer to 11% and almost 25% for black Americans.

Against this backdrop, the Obama Administration has virtually suspended “worksite audits” in addition to other immigration enforcement measures according to the Center for Immigration Studies (CIS), tumbling along with the rest of immigration enforcement.

Sharply fewer business owners are being arrested, fewer fines are being levied and fewer fines are being collected to make it easier for companies to higher millions of illegal immigrants living in the United States under the president’s amnesty order. According to Jessica Vaughan, CIS policy studies director:

“Employers now face very little risk in hiring illegal workers and have little incentive to abide by the law…”

Mr. Obama’s administration early on stopped the Bush administration practice of workplace raids, which rounded up illegal immigrants – and which advocacy groups deemed too traumatic for the immigrants and their families.

Instead, the Obama administration began what became known as “virtual raids” – audits of paperwork, to figure out if a business was hiring illegal workers. Done right, it can be effective and it produced results at the beginning of Mr. Obama’s tenure.”

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In a second and arguably more decisive ruling against President Barack Obama’s Executive Amnesty for illegal aliens this week, a three-judge panel on the 5th Circuit Court of Appeals upheld a lower court injunction against the implementation of the president’s plan to grant amnesty to 5 million illegal immigrants because he lacked the constitutional authority to do so.

As a practical matter, the court’s decision does not stop President Obama from “deferring” the deportation of illegal immigrants in the United States but does stop him from issuing green cards or work papers to those here illegally.

The court’s decision also prevents the president from granting illegal immigrants access to public benefit programs that include food stamps, Medicaid and other social safety net programs.

The decision comes following a U.S. Justice Department request that the 5th U.S. Circuit Court of Appeals reverse a decision by U.S. District Judge Andrew Hanen of Texas who issued a temporary injunction against the implementation of the president’s plan on February 16 after 26 states filed a lawsuit alleging Obama’s action was unconstitutional.

The U.S. Justice Department has not said if it will appeal the panel’s decision to the full appeals court in New Orleans or to the U.S. Supreme Court.

Texas, which has taken the lead among the 26 states opposing “Executive Amnesty”, has argued that President Obama acted outside his authority when he issued his order to award amnesty to illegal immigrants and that the changes would force the states to invest more in law enforcement, health care and education.

The White House proffered the excuse for “Executive Amnesty” by saying that Congress would not fix a “broken immigration system” so he would – an argument the court didn’t buy.

The Justice Department argued that upholding Judge Hanen’s temporary injunction would interfere with the Homeland Security Department’s ability to manage the illegal immigration crisis through the exercise of discretionary power of the executive branch to set policy, not the states.

The president has been accused of playing fast and loose with the discretion allowed him by the court when he issued 108,000 green cards and working papers to illegals in violation of Hanen’s order. The president said the credentials where issued under a separate amnesty he issued in November 2014. While it was within Judge Hanen’s authority to sanction Justice Department lawyers for the breach of trust, he chose not to.

The first order, which was set to take effect on February 18, was issued according to President Obama to protect young illegal immigrants from deportation if they were brought to the U.S. illegally as children. The second order was issued to extend deportation protections to illegal parents of U.S. citizens and permanent residents that had been scheduled to begin on May 19.

The states involved in the litigation in addition to Texas are Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, West Virginia and Wisconsin.



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