Coalition Of States Suing Over Obama’s Executive Amnesty Scheme Swells To 24

Coalition Of States Suing Over Immigration Swells To 24 – Conservative Intelligence Briefing

Last week we reported that the tip of the Republican spear aimed at President Obama’s Executive-Order-turned-proclamation on immigration was the coalition of states that have joined the suit filed and led by TX Attorney General Greg Abbott.

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At the time of reporting, the coalition of states in the suit stood at a healthy 17, but that number has now swelled to 24. With the potential for more states to sign on in the coming weeks, more than half of the states in the union could be taking on the federal government for its overreach.

Abbott remarked in a statement Wednesday on the coalition’s suit, “The president’s proposed executive decree violates the U.S. Constitution and federal law, circumvents the will of the American people and is an affront to the families and individuals who follow our laws to legally immigrate to the United States.”

The suit now includes the following states, reports CNN: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, North Carolina, South Carolina, North Dakota, Ohio, Oklahoma, South Dakota, Texas, Utah, West Virginia, and Wisconsin.

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Strike One: Federal Court Rules Obama’s Executive Amnesty Unconstitutional

District Court Declares Obama Immigration Action Unconstitutional – Washington Post

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Earlier Tuesday, a federal court in Pennsylvania declared aspects of President Obama’s executive actions on immigration policy unconstitutional.

According to the opinion by Judge Arthur Schwab, the president’s policy goes “beyond prosecutorial discretion” in that it provides a relatively rigid framework for considering applications for deferred action, thus obviating any meaningful case-by-case determination as prosecutorial discretion requires, and provides substantive rights to applicable individuals. As a consequence, Schwab concluded, the action exceeds the scope of executive authority.

This is the first judicial opinion to address Obama’s decision to expand deferred action for some individuals unlawfully present in the United States. [I’ve now posted the opinion here.]

The procedural background of the case is somewhat unusual. The case involves an individual who was deported and then reentered the country unlawfully. In considering how to sentence the defendant, the court sought supplemental briefing on the applicability of the new policies to the defendant, and whether these policies would provide the defendant with additional avenues for seeking the deferral of his deportation. In this case, however, it’s not entirely clear it was necessary to reach the constitutional question to resolve the issues before the court with regard to the defendant’s sentence.

This isn’t the only case challenging the lawfulness of the Obama’s immigration actions. Some two-dozen states have filed suit challenging Obama’s recent immigration policy reforms. Led by Texas, these states claim that the president as exceeded the scope of executive authority in this area. As I’ve noted before, I’m skeptical of these arguments on the merits (as is Ilya), and wonder whether the states will be able to satisfy the requirements of Article III standing to bring their claims. Yet as this case shows, even if the states don’t have standing, the legality of the president’s actions could nonetheless be decided in federal court.

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Democrat Congressman: One Third Of Obama’s “Dreamer” Children Were Raped On Their Way To The U.S.

Rep. Cuellar: One-Third Of Unaccompanied Illegal Alien Children Were Raped – CNS

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In an interview on C-SPAN’s “Washington Journal,” Rep. Henry Cuellar (D-Texas) said Thursday that one-third of the unaccompanied illegal minors – girls and boys – apprehended at the U.S. border had been raped during their journey.

“And half of those – I would say about one-third of those kids have been raped, have been brutalized on the way up here, so we have to take care of those kids and then respect the immigration laws, and the ones that have to be returned will be returned under the law,” said Cuellar.

“But again, I’m for supporting strong border security, but once those kids are here temporarily, we have to treat them with respect,” he added.

The one-third that Cuellar cited is comprised of both girls and boys who were sexually assaulted on the U.S., Cuellar said.

“And like I said, the kids that we talked to and the folks that take care of them, about one-third of those kids got raped on the way up here – little girls and little boys that got abused on the way up here,” he said.

So far, 5,143 unaccompanied illegal children have been apprehended along the Southwest border during the first two months of Fiscal Year 2015 (Oct. 1, 2014 to Nov. 30, 2014), according to the Customs and Border Patrol.

As CNSNews.com previously reported, 68,541 unaccompanied minors were apprehended during Fiscal Year 2014 (Oct. 1, 2013 to Sept. 30, 2014).

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Raging Douchebag Update: Spineless House RINOs Fully Fund Obama’s Executive Amnesty Scheme

Conservatives Express Anger That Amnesty Not Defunded In Omnibus: ‘The Fix Is In’ – Big Government

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Conservatives who had wanted to see language to block President Obama’s executive actions inserted into the massive, must-pass government funding bill are expressing frustration and anger at House Republican leadership’s lack of an appetite to fight amnesty now.

“The fix is in, which I’ve been saying all along,” Rep. Matt Salmon said after leaving the GOP’s conference meeting Wednesday morning.

Tuesday night the House Appropriations Committee posted its $1.1 trillion spending package. The measure is expected to receive a vote Thursday. If no funding bill is passed by that night, the government would shut down.

“Promises around here – regardless of who they are made by – don’t seem to mean anything,” Salmon told reporters.

He explained that lawmakers’ phones have been “lighting up” with constituents asking them “do what [they] were elected to do.”

The Arizona lawmaker is spearheading an amendment with other conservative lawmakers to attach an amendment to the funding bill that would prohibit funding for Obama’s executive amnesty. His spokesman estimated to Breitbart News that the amendment currently has 55 co-sponsors. The amendment is, however, unlikely to receive a vote.

Leadership’s spending package instead is designed to fund most of the government through September, but only fund the Department of Homeland Security into February, when Republicans will have more reinforcements in the Senate to pursue a fight against Obama’s executive actions on immigration.

“Without a threat of a government shutdown, this sets up a direct challenge to the president’s unilateral actions on immigration when we have new majorities in both chambers of Congress,” House Speaker John Boehner explained to reporters.

Conservative lawmakers Wednesday not only expressed frustration with the short amount of time given to consider the 1,603 page bill and the fact that it does not defund executive amnesty immediately, but they also questioned whether leadership would actually give a full-fledged fight next year.

“What is there to suggest that a few months from now you will oppose the amnesty that you have today funded?” Rep. Mo Brooks (R-AL), also a co-sponsor of the defund amendment, asked.

“My biggest concern is that there are a significant number of Republicans who support amnesty, they just don’t support the way in which the president did it. That is a big distinction,” the Alabama conservative said.

Rep. John Fleming (R-LA), another of the defund amendment’s co-sponsors, told Breitbart News that his constituents have been calling him to support of defunding executive amnesty.

According to Fleming “an avalanche” of calls from constituents could move the needle to get more members to push for defunding amnesty now.

“That’s what it takes. Otherwise I think Republicans are at serious risk of going out there and supporting something the American people do not support,” Fleming said.

He anticipated that many of the co-sponsors of the defund amendment will vote no on the package.

“For every one of us they’re going to have to find one [Democrat],” Fleming said.

Some of the ability to fight Obama on executive amnesty will be lost if House Republicans go along with allowing it to be funded, if only for a short time, Rep. Steve King (R-IA) argues.

“My point is you either defend the Constitution when the president violates it or you lose some of your ability and traction to do so later,” King said. “I think its better to fight now than it is later. So therefore I have taken an oath to uphold the Constitution, that’s for this Congress and I expect to be standing on the floor January 6th taking another one. I don’t want to have voted to fund the lawless, unconstitutional act by the president and then I could take an oath and mean it.”

Rep. Tim Huelskamp (R-KS), another defund amendment co-sponsor, said stopping amnesty is “the issue of the day,” saying the executive actions will already be implemented come next year when leadership hopes to have the fight against them.

“That’s probably impossible to undo it in late February. This idea we’re going to take it up next year, it’s too late if you’re going to wait until after the DACA has been implemented,” he argued.

The defund amendment will be presented to the House Rules Committee by another leader in the effort, Rep. Mick Mulvaney (R-SC), later Wednesday according to Salmon’s spokesman.

While Salmon told reporters he “is sure [Rules] won’t” accept the amendment, he stressed that conservatives still have to try. He added that he still expected the overall funding measure to pass despite the opposition from conservatives frustrated over funding amnesty.

King told Breitbart News that he is not co-sponsoring the Salmon and Mulvaney effort but will instead try to get the House Rules Committee to take up an effort that that goes even further, to target not only Obama’s most recent executive amnesty but also DACA and the Morton Memos.

“Somebody’s got to preserve our constitutional argument and if I don’t bring my amendment there is a concession,” he explained.

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Related video:

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Department Of Health And Human Services Shells Out $280M To House Illegal Alien Children

HHS Paid One Org Over $280 Million To House Unaccompanied Illegal Alien Children This Year – Weasel Zippers

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Your tax dollars hard at work!

Via Capitol City Project:

The Department of Health and Human Services dished out over $182 million to one organization in order to house unaccompanied illegal alien children over the span of four months, according to documents released on December 3. The taxpayer funds ended up covering the likes of free laptops, big screen TVs, and pregnancy tests. In 2014 alone, the group was awarded well over $280 million in federal grant money and surpasses $460 million when factoring in 2013. This is just one group in a sprawling network of those sheltering illegal alien children.

The December 3 documents, obtained by Judicial Watch, show BCFS, formerly known as Baptist Children and Family Services, was paid $182,129,786 in order to provide “basic shelter care” for 2,400 “unaccompanied alien children” (UAC) during a four month span.The budget included charges of $104,215,608 for the 1,200 UAC’s at a Fort Sill, Oklahoma center and another $77,914,178 for the 1,200 UACs at the Lackland Air Force Base shelter located in San Antonio, Texas. From June 12 to October 18, these figures equate to $86,846.34 for every illegal alien child housed at Ft. Sill and $64,928 per illegal alien child from May 18 to September 18 at the Lackland Air Force Base location. On top of this, $2,648,800 was given as compensation to members of the BCFS “Incident Management Team” – or $88,293 per person.

Keep Reading

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Judicial Watch: Obama Executive-Order Ploy A ‘Criminal Conspiracy’

Watchdog: Executive-Order Ploy ‘Criminal Conspiracy’ – WorldNetDaily

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Following confirmation by the National Archives that President Obama did not sign an executive order to implement the immigration policy he announced to the nation, Washington-based watchdog Judicial Watch has called for an investigation into whether the White House has engaged in a criminal conspiracy to spend taxpayer funds on unauthorized purposes.

“The fact that President Obama did not sign an executive order appears to involve a recognition by the White House that President Obama did not have the authority to make the changes in immigration law outlined in his Nov. 20 speech,” said Tom Fitton, president of Judicial Watch.

Fitton, in an interview with WND, argued executive orders are limited to facilitating the execution of laws, not altering or establishing law.

“Barack Obama did not issue an executive order because he does not have the authority to issue an executive order in this instance,” Fitton said.

He believes White House counsel concluded Obama lacked the authority to defer prosecutions under the Deferred Action for Childhood Arrivals, DACA, program and decided to implement the policy through a memorandum issued by Department of Homeland Security Secretary Jeh Johnson. The memo was never filed with the Federal Register for a period of public comment, as federal law requires agencies to do when making rules.

“Jeh Johnson did the bidding of his boss, engaging in a political act, not a legal act, that involves misappropriating public funds to open offices and hire employees to implement the directives of Johnson’s memorandum,” Fitton said.

Thursday, as WND reported, the National Archives and Records Administration, responsible for maintaining executive orders, said no executive order allowing millions of illegal immigrants to remain in the U.S. was ever signed or filed, confirming WND’s report Wednesday.

In addition, the office of Texas Attorney General and Governor-elect Greg Abbott – who has filed a lawsuit against Obama’s immigration action – told WND it was aware there was no executive order signed by Obama implementing the actions outlined to the nation in his Nov. 20 speech.

Obama did sign two executive orders in Las Vegas the day after his speech. One was a presidential proclamation creating a White House Task Force on New Americans and the other a presidential memorandum instructing the secretaries of State and Homeland Security to consult with various governmental and non-governmental entities to reduce costs and improve service in issuing immigrant and non-immigrant visas.

‘Criminal violations

Fitton noted that according to Johnson’s memo, DHS will defer prosecution for three years and issue work authorization permits to qualified illegal immigrant parents of children who are U.S. citizens.

“I have long maintained there are potential criminal violations of law in the federal government taking money for one purpose and spending it for another,” Fitton commented.

He said the White House’s effort to suggest Obama had signed an executive order to implement his immigration plan had all the earmarks of a cover-up of a criminal conspiracy.

“The federal government cannot spend money to violate immigration laws,” Fitton said, pointing to the Anti-deficiency Act, which prohibits government from creating an obligation to pay money before funds have been authorized.

The penalties for violating that law are spelled out in 31 U.S. Code Section 1350.

“We can look at impeachment as a broad fight between the branches of government,” Fitton said. “But when you have executive branch officials taking actions outside of the law, there ought to be criminal consequences in addition to the constitutional checks that you have with impeachment. I’m saying that these recent executive branch actions on immigration are ripe for criminal inquiry.”

Fitton said Johnson “ought to be worried about going to jail for spending money he does not have the right to spend, including hiring employees to do things there’s no authorization for them to do, including issuing work permits to illegal immigrants.”

“This amounts to a brazen, in-your-face action by Johnson, and it’s all part of the ‘catch me if you can’ Obama presidency. The Three-card Monte game Obama played with the executive order is the kind of thing gangsters do when they say, ‘Let’s not meet here, let’s go outside and meet.’

“Not issuing the executive order has the appearance of fraud,” he said.

Fitton said Obama wants to get credit for ordering the immigration reform, “but when it comes down to brass tacks, there are no fingerprints.”

“Johnson may think issuing a DHS memo is smart, but what he’s really doing is rewriting immigration law like a commissar in the old Soviet system and trying to pass it off as nothing more than prosecutorial discretion. This is not representative government or regular agency rule-making.”

Fitton emphasized the need for a criminal investigation.

“If Washington is serious about the crisis the president has presented us, the Congress would be talking about criminal investigations for the executive branch spending this money without authorization,” he said.

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