Federal Judge Calls Obama Administration Back To Court To Explain Deception In Executive Amnesty…

When Federal Judge Andrew Hanen previously blocked the implementation of Obama’s sweeping immigration “executive action”, the DOJ claimed nothing had been done to begin the rules change.  However, they lied.

From the time of the November 2014 President Obama announcement, to the February 2015 court ruling, the Department of Homeland Security had implemented rules to change the status of over 100,000 illegal aliens.  (link for explanation)

Obama_seal

After Hanen’s ruling, the DOJ then tried to backtrack on the initial filing with the court and quietly inform the court –through another filing– that the DHS had already executed the change of status.  Hanen is now calling the Obama administration back to his courtroom to explain why they lied.

BROWNSVILLE, Texas (AP) — The judge who blocked President Barack Obama’s executive action on immigration has ordered the Justice Department to answer allegations the government misled him about part of the plan.

U.S. District Judge Andrew Hanen has ordered federal government lawyers to appear in his court March 19 in Brownsville. The hearing is in response to a filing last week in which the government acknowledged some deportation reprieves were granted before Hanen’s Feb. 16 injunction.

Government attorneys had previously said officials wouldn’t accept such requests under Obama’s action until Feb. 18.

The government said in its filing that the 100,000 immigrants who were granted three-year reprieves and work permits were already eligible under a previous immigration plan from 2012.

The 26 states suing over Obama’s plan requested more information. (read more)

white house press release texas immigration

Back in November of 2014 President Obama announced his intention to “fix a broken immigration system” with his pen. The basic outline was sold by the White House as a pending “executive order”.

However, when the immediate debate erupted around presidential authority in that regard most readers will note that an “executive order” was never actually issued. Instead, after delivering his nationally televised speech, Obama directed Jeh Johnson to modify his DHS immigration enforcement approach with what was/is now called an “executive action“.

The difference between what Obama promised to the illegal alien community via an “executive order”, and what was delivered days later via an “executive action” reflects a key legal distinction affirming the reality that an “executive order” -to intentionally subvert legislative authority- would have been unconstitutional.

The White House Office of Legal Counsel knew and advised Obama from the outset an executive order was impossible. This aspect Obama himself admitted numerous times over the preceding two years to Latino audiences.

Image: Barack Obama, Jeh Johnson

Subsequently the White House and DHS attempted to thread the needle with a claim of Presidential authority to “set priorities regarding enforcement“.

However, as we previously outlined the “enforcement priority” did more than “prioritize enforcement”, it actually created an entire new category of immigration personage.

Yesterday a Federal Court blocked the Obama/DHS plan, ruling that as the lawsuits filed by Texas and 25 states challenging the action proceeded – an injunction barring the application of the new “executive action” would place a hold on any change.

Judge Andrew Hanen’s decision carried an accompanying memorandum which states:

[…] the lawsuit should go forward, and that without a preliminary injunction the states will “suffer irreparable harm in this case.” “The genie would be impossible to put back into the bottle,” he wrote, adding that he agreed with the plaintiffs’ argument that legalizing the presence of millions of people is a “virtually irreversible” action. (link)

Obviously this is a huge blow to the Obama immigration agenda, and we should anticipate a significant amount of liberal media outrage and sympathy toward Obama’s grand scheme being derailed. The White House responded immediately with the following statement:

white house press release texas immigration

While there are numerous legal issues at stake regarding the scope of presidential authority, one of the more significant flaws in Obama’s scheme was overlooked by almost everyone at the time. A large problem relates to an intent on classifying a new category of illegal alien with eligible work status.

Riddled throughout President Obama’s Executive Order speech in November was something more than prosecutorial discretion and/or non-deportation. Extensively disbursed throughout the proposal was a claim of lawful “work/employment status“.

[…] Now here’s the thing: we expect people who live in this country to play by the rules. We expect that those who cut the line will not be unfairly rewarded. So we’re going to offer the following deal: If you’ve been in America for more than five years; if you have children who are American citizens or legal residents; if you register, pass a criminal background check, and you’re willing to pay your fair share of taxes – you’ll be able to apply to stay in this country temporarily, without fear of deportation. You can come out of the shadows and get right with the law.

Later in the speech Obama condescendingly referenced the way he views the work of illegal aliens:

…[…] Are we a nation that tolerates the hypocrisy of a system where workers who pick our fruit and make our beds never have a chance to get right with the law?

Because in Obama’s America – Latino’s can only be fruit pickers, yard workers and housemaids right? I digress.

Another employment reference follows moments later:

…[…] Over the past few years, I have seen the determination of immigrant fathers who worked two or three jobs, without taking a dime from the government, and at risk at any moment of losing it all, just to build a better life for their kids.

Well, you get the picture… the speech was filled with employment references.

Now, here’s the aspect worth thinking about which directly relates to the injunction delivered by Judge Hanen.

If all Obama is doing is “not deporting” people, ergo he’s using his executive authority of prosecutorial discretion, and that’s the claim of those who say this is constitutional; well, how or what part of ‘non-deportation’ includes granting “work/employment authorization”?

Work and Employment eligibility, and the qualifications for allowable status of permission therein, is federal law.

If Obama is claiming he can provide legal work authorization, though an executive action, he is absolutely creating a new law. Such a decree clearly violates the separation of powers within the constitution.

If not deporting illegal aliens is constitutionally allowable under the auspices of executive branch prosecutorial discretion, you might win the argument.

However, if President Obama thinks he can arbitrarily grant a new status of legal employment eligibility, he’s grossly mistaken. That would be making new employment law from the executive branch.

This, in my opinion is where he went too far. To put that construct in the executive action, and giving such an instruction to DHS head Jeh Johnson, any court challenge raised in that regard he would most certainly lose.

Barack Obama

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This entry was posted in Conspiracy ?, Cultural Marxism, Dem Hypocrisy, Dept Of Justice, Illegal Aliens, Notorious Liars, Obama Research/Discovery, Operation Brown Dream, Police action, Professional Idiots, propaganda, Typical Prog Behavior, Uncategorized, White House Coverup. Bookmark the permalink.

38 Responses to Federal Judge Calls Obama Administration Back To Court To Explain Deception In Executive Amnesty…

  1. Father Paul Lemmen says:

    Reblogged this on A Conservative Christian Man.

    Like

  2. John Galt says:

    Run Ro. Federal judges are like pit bulls. Tough to get away once they have a hold.

    Liked by 1 person

  3. omanuel says:

    Lies became the rule for totalitarian control of the world in 1945, after unreported CHAOS and FEAR of nuclear annihilation persuaded world leaders to:

    Form the United Nations to
    Hide the source of energy in cores of heavy elements and stars.

    Reports of altered temperature data recently ended the AGW debate.

    The data were altered to hide the secret solar force that produced, in solar cycle #24, the lowest sunspot number recorded since 1750. (Sunspots are produced when powerful, deep-seated magnetic fields emerge through the photosphere.)

    The unacknowledged solar force was publicly pointed out in 2002.

    See: “Super-fluidity in the solar interior: Implications for solar eruptions and climate”, Journal of Fusion Energy 21, 193-198 (2002)]: http://www.springerlink.com/content/r2352635vv166363/

    Liked by 1 person

  4. waltherppk says:

    These “undocumented immigrants” are just honest taxpayers and democratic voters being picked on Don’t cha know. They have a work ethic for sure, even into old age evidently since there at least six and a half million of them working past the age of 112 years old. Just check on their earned income credit tax refunds. Recycling is big with them too since they are so environmentally conscious they may even sometimes recycle social security numbers of dead people. I mean those people in the cemetery are an under represented minority when it comes to voting rights and tax refunds, and “undocumented immigrants” are doing their fair share to fix that problem. Shouldn’t we all be grateful, or do we just not “get it” ?

    http://www.newsmax.com/US/ssa-audit-millions-dead/2015/03/10/id/629253/

    Liked by 1 person

    • joanfoster says:

      “Recycling is big with them too since they are so environmentally conscious they may even sometimes recycle social security numbers of dead people. I mean those people in the cemetery are an under represented minority when it comes to voting rights and tax refunds, and “undocumented immigrants” are doing their fair share to fix that problem. Shouldn’t we all be grateful, or do we just not “get it” ?

      I take that the above paragraph describes the voters Obama said he heard during the November 2015 election – the deceased whose SS#s are being stolen by our new under class.

      Liked by 1 person

  5. zephyrbreeze says:

    Caught in another lie. How brave is this judge?

    Like

  6. agent provocateur says:

    Reblogged this on Nevada State Personnel Watch.

    Like

  7. shipley130 says:

    The rest of the story is that the Obama Administration is overlooking serious wrongdoing by illegal aliens, as well. I find that to be a very worrisome thing.

    Liked by 1 person

    • waltherppk says:

      Criminal aliens are treated as honored guests by law enforcement while in contrast heavy handed law enforcement action is brought against actual citizens for victimless or nonsensical minor “crimes”.

      Where is there found any “equal treatment under the law” in that proposition, where the lives that matter more and are regarded as somehow more valuable are the lives of criminal aliens who don’t even have a right in the first place to be where they are trespassing, before more crime is added to that offense, and there nearly always is more. Why do non citizens get a special merciful and even generous preferential treatment while citizens due more respect are treated harshly? Why the double standard?

      Like

  8. myopiafree says:

    This might be “off topic”, but a president, CAN NOT DO THIS. It is arrogant – beyond belief.

    http://start.toshiba.com/news/read/article/the_associated_press-obama_levies_sanctions_on_7_venezuelan_officials-ap

    Yes, Obama has, “slipped off the deep end”.

    Like

  9. Daniel says:

    So here we are. Supposed to have checks and balances. Will these checks bounce?

    Like

  10. doodahdaze says:

    Jail to the Chief.

    Liked by 2 people

  11. rashomon says:

    Has the O ever r-e-a-d The Constitution? Doubt it. He talks up too much yabbity-yabbity-yabbity when queried.

    Like

  12. justfactsplz says:

    I am glad this federal judge is holding his ground. With an appeal eventually ending up in the Supreme Court, heaven only knows what they will decide.

    Like

  13. waltherppk says:

    According to the Social Security Administration there are an obvious 6,500,000 fraudulent Social Security numbers currently in active use assicated with persons 112 years of age or older (and many more of an unknown number of fraudulently used numbers that are not so overtly obvious, but could also be identified as fraudulent with minimal investigation done by data cross referencing and analysis that would identify fraud).

    Why are criminal illegal aliens numbering 6,500,000 not made subject to arrest for criminal fraud followed by immediate deportation, NO EXCEPTIONS? And WHY NOT follow up that first roundup of illegal alien criminals with subsequent mass arrests and mass deportations of more millions of criminals as those perpetrators of criminal fraud are identified by a continuing review of social security numbers which exposes those numbers being fraudulently used as a de facto kind of “identity theft” being done by alien imposters?

    Instead of saying there is no intention to deport X number millions of illegal alien criminals WHY NOT JUST DO EXACTLY THAT by taking action to deport them? Such action is only properly enforcing the LAW. Every time somebody obstructs that enforcement then charge them with obstruction and criminal conspiracy for interfering.and throw them in jail for aiding and abetting and being an accomplice to criminals engaged in identity theft and fraud.

    Thousands of U.S. citizens are already dead as a direct result of criminal acts done by illegal aliens who have no right and no legal basis for being present and residing where they have no legal domicile and no legal employment It has been a continuing dereliction of duty by law enforcement that illegal aliens are “at large” by the millions. Illegal aliens are persona non grata and do not belong here and need to be sent back to from where they came.

    It has never been a problem there is any “broken immigration system” but what is the problem is there is a “broken law enforcement system”.

    Like

    • lorac says:

      According to the Social Security Administration there are an obvious 6,500,000 fraudulent Social Security numbers currently in active use associated with persons 112 years of age or older

      That’s just ridiculous. If they know about them, they should round those people up. They always say they don’t have money to deport, but the first huge step they could take is to cut off the employment. A lot of those people will head south.

      Like

      • waltherppk says:

        A bus or boat or railroad passenger or even an air transportation fare would cost far less than paying out the fraudulently obtained “earned income credit” and other “refund” type of payouts to which the identity theft claimants have no legal claim but are engaging in a fraud and theft of taxpayers money which is mean to help bona fide citizens, not meant to subsidize criminal illegal aliens through what has become a government administered SCAM. There is always plenty of money to be found available for the corrupt government to do what it wants to do even if money has to be borrowed from China.

        The government of the United States has for too long been operated as a crime cartel that is an extension of the Mexican crime cartel and serves the purposes of La Raza and other foreign human smuggling and drug smuggling and assorted other criminal enterprise. The national sovereignty and national identity and national security has been continually sold on an international Black Market by bureaucrats and politicians who pretend they are not accomplices in a continuing CRIMINAL ENTERPRISE through which they enrich themselves “off the books” via the inherent payoffs of graft and corruption.

        There is no “social engineering” or “cultural diversity” or “humanitarian” agenda being served by Domestic Politician Criminal Accomplices whose self interest is what is being served to accept their share of the profit in bribes to engage in facilitating a continuing criminal enterprise which destroys the integrity of the borders, the language, the culture, the economy, on a grand scale that also destroys national security.

        Advocates of “comprehensive immigration reform” are brazen domestic enemies and traitors who are simply trying to accomplish an ultimate fulfillment and delivery PEFORMANCE of “selling citizenship” through an international criminal enterprise which they have been conducting for decades as a treasonous and traitorous, criminal selling out of what is the United States.

        Those corrupt “leaders” are NOT some kind of generous “humanitarians” seeking to “aid poor refugees”, but are in fact criminal Black Marketeers engaged in human trafficking and an international conspiracy against the security and economic interests of the United States enriching themselves from the proceeds of that criminal enterprise.

        To render unto those “immigration reformers” what justice they are actually due, such advocates of “comprehensive immigration reform” should be stripped of their own citizenship and deported along with the other criminals whom they serve and love so much that they should join them at the destination third world locations from which they came. Home is where their heart is, so send them “home” to Mexico or Guatemala or China or Liberia or Cuba or anywhere else they would choose, having demonstrated that is where their loyalties and true citizenship resides.

        There is plenty good room on the glory train back to that place from where such domestic enemies came. Send ’em all home and don’t let the door hit them. Bye bye.

        Good riddance to bad rubbish.

        Like

  14. peppie says:

    God Bless Judge Andrew Hanen. He must have lived an exemplary life for the powers that be to not have corrupted him up to this point. News at eleven…Be strong Judge Hanen. He should be okay. The globalist own justice roberts LOCK STOCK AND BARREL! Thanks W. Thanks a lot.

    Like

  15. Pingback: The B&R Wednesday Skim - Black & Right

  16. archer52 says:

    This is simple economics being used to change voter patterns for another generation. The economics of this is if you will notice the government doesn’t send the money back when they realize a dead guy is paying taxes. They keep the money! They want the money!

    You could assign a thousand agents to the task of going to an employer and saying, “I see you have a lot of Hispanic workers, will ya’ point out Mrs Mary McCory, age 92, who died five years ago.” Then go grab the person up off the line and ship him/her back to point of origin. Done and done.

    But that effort is all negative outcomes for the government. They lose the income, they have to pay for the agents and their movements, and they have to pay to house and then deport the bad guy.

    So, why do it?

    When I had my roof repaired I had the opportunity to see why illegals do well here. The crew that took off the roof were Guats, the crew that put it on were Mexicans. The supervisor was a redneck Billy bob bodunk type. I asked him why there were no whites or blacks on the crew. He was honest. “They won’t work. They come on the crew for a couple of days and then quit. They won’t work in the heat, doing this job, for the money we can pay them. It’s beneath them. However, these guys are grateful for the work and the money. They show up every day, work hard with a smile on their faces.”

    And they did a great job.

    Until that changes, nothing will change.

    As for changing the voting patterns, this is the race between Left and Right to game the system to their advantage. We are dying as a people. Less that 2.1 kids per parents means we cannot replace the European base in the nation. So, like Europe, we are importing people to become “Americans.” What isn’t working is we, like Europe, allow them unrestricted access and we don’t demand they assimilate. If we did not, our nation would be smaller by millions of people by now, much like Japan and European nations.

    Like

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