Janet Napolitano has been testifying to the U.S. Senate about the question of removing illegal aliens from the country. As you may remember, the Obama Administration created a new policy which they disingenuously call "prosecutorial discretion." Of course, there has always been a policy of "prosecutorial discretion" in criminal cases, as a prosecutor has to have the ability to decide whether a case should be prosecuted based on the nature of the alleged crime and the availability of witnesses and evidence to support a prosecution in a case.
But, as always, the lawless liberals give a new twist to the meaning of an otherwise established term. Under the Administration policy, prosecutors will seek primarily to remove criminals, fugitives and repeat offenders In a removal case, the only evidence needed is whether the person is in the country illegally. That's the standard of law set by Congress, but according to Napolitano, "that's one way to do it. Or the other way and the better way … is to say we want to focus on" criminals and the like.
"The other way and the better way," Ms. Napolitano? That is the typical attitude of the lawless liberal. Congress makes a law, and the lawless liberals don't obey it, because they know "another way" and a "better way." The Executive Branch (that includes Ms. Napolitano, Mr. Obama, and all of their well-meaning elitist minions) does not make law. Congress already told DHS to send home those here illegally; it may be "one way to do it," but there is no other legal way.
But DHS doesn't care about obeying the law. In fact, they are still granting work permits to some who they elect not to deport. Under a procedure established in 1986, DHS can grant conditional work permits to some. The only requirements are that the illegal alien must be residing in the U.S., must apply within 18 months of November, 1986, and have arrived before January, 1982. It's not likely anyone still meets those requirements, but since there is a bureaucracy in place to grant permits, DHS isn't likely to worry about the legal niceties. After all, lawless liberals always have a better way.
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