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.