Friday, August 24, 2012

It's About Time.


Finally, someone is taking action to restrain the typical illegal and unlawful conduct of the Obama Administration.

A group of Federal Immigration and Customs Enforcement (ICE) agents have filed suit in Texas to stop the de facto "amnesty" program rolled out by the Department of Homeland Security. If you are not familiar with the program, DHS has basically decided the it will "reallocate resources" to deport only some illegal aliens, primarily only those with known felony criminal records.

As you may remember, part of the reason the Arizona Immigration Law was declared unconstitutional was that immigration and border protection is explicitly a Federal responsibility. And Federal law requires that Illegal Aliens (the correct legal name for "undocumented workers") be given a fair hearing as to their status and be deported. Some countries, like Mexico, complain about the supposed harshness of American policy. However, it's not as harsh as that of some countries, like Mexico, which imposes criminal penalties and years of imprisonment, but that's another issue.

DHS, for its part, denies there is any amnesty program in place. Rather, they say, they have utilized their "prosecutorial discretion" to determine that entire classes of illegal aliens will not be prosecuted for deportation to save resources. The DHS action is similar to a local prosecutor refusing to prosecute rape, drug, burglary cases or any crimes other than murder in order to save resources. While there is such a thing as prosecutorial discretion, it is hard to think of any case where it has been used to rewrite the law that grants it.

Vaulting over the limits of the law has been a hallmark of the Obama Administration. Amnesty is implemented in fact, with the DHS thumbing its nose at the constraints of Federal laws passed by the people's representatives. The Justice Department sets up a gun-running operation shipping thousands of guns to Mexico despite Federal laws prohibiting such transfers. Mr. Holder is summoned to Congress to explain the operation- and simply refuses to cooperate to the point of earning a Congressional Contempt citation. Like DHS, the Department of Justice thumbs it nose at the laws it swears to uphold. Remember the Gulf oil spill? Obama issued a moratorium on drilling after "clarifying" a report to say the opposite of what the authors had said, and without any legal authority. A Federal Court overturned the moratorium, and the administration then turned to "slow-walking" permit applications to stall and prevent drilling permits.

These ICE agents are doing what needs to be done, and should be done, when the Obama Administration acts illegally. Go to Court, and get the matter heard. Of course, you can't always trust the Courts to uphold the Constitution, because sometimes raw political calculation in the Courts will result in an obviously unconstitutional result, as the Obamacare decision shows. Yet, America cannot be abandoned to the lawlessness of this Administration. It's about time that someone tried to put the brakes on this lawless Administration.

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