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Is New Immigration Policy Constitutional?

On Friday, the Obama Administration changed the immigration policy to essentially grant immunity to some illegal immigrants, but some in Congress are already threatening to challenge it.

g children who were brought to the United States illegally before the age of 16. The move essentially grants immunity, without granting a path to citizenship, for a reported 800,000 people. 

But there are many in Congress who have spoken out against it, saying the move itself was illegal under the U.S. system and cannot stand. In a press release, U.S. Rep. Rob Woodall (R-GA-07) issued the following statement.

“America is a beacon of freedom in the world and it is no wonder that hundreds of thousands of people each year apply to complete the legal and proper steps to become citizens or permanent residents of this amazing land.  After all, who wouldn’t want to raise their family in the land of opportunity and under the rule of law?  Unfortunately, President Obama’s decision to cease the deportation of potentially millions of illegal immigrants and instead grant them legal work permits—while millions of legal U.S. residents remain unemployed and unable to find work—undermines both the rule of law and the economic opportunity that is America.”

“As of 2011, more than 13.7 million U.S. citizens were unemployed, and today our national unemployment levels remain disappointingly high at 8.2 percent.  How can the President and his Administration offer the few American jobs that are available to those who have come to America illegally rather than those U.S. citizens who have always paid their taxes and played by the rules?”

“With today’s decree, President Obama demonstrates the same contempt for America’s laws that those who enter illegally do.  He is undermining the balance of power laid out by the U.S. Constitution, going far beyond his power within the Executive Branch and advancing his election-year politics at the expense of the American economy and the American people’s trust.”

“I am tremendously proud of America’s history as a nation of immigrants, and I am committed to continuing and improving the legal avenues that allow another generation of legal immigrants to become U.S. citizens.  But, as every new American citizen knows, we are a nation of laws, and the U.S. Constitution extends lawmaking power to Congress and Congress alone.  This executive power grab—whether proposed by President Obama, President Romney, or President Reagan—is an unconstitutional act, and I will fight it with every tool at my disposal.”

Do you think this new order is Constitutional and can it withstand a legal challenge? Comment below for Fort Bragg Patch readers.

landaddy001 June 18, 2012 at 02:51 PM
The immigration law says illegal aliens are not authorized to work in this country. How can the president issue an executive order that contradicts the law? Prioritizing federal resources is one thing, ignoring federal law is another. Governing by decree is something a king or the Führer does.
Terry Jackson June 18, 2012 at 02:59 PM
The President of the United States does not have the power or authority to do this. It is definitely unconstitutional. Congress alone can make this kind of policy change. Mr. Obama is doing this for political purposes only. He is trying to attract the Hispanic vote in the upcoming election. He will DO ANYTHING to ge re-elected. He will go down in history as probably the WORST Presiedent with the WORST policies and the most destructive ideas we have ever elected!
Kelly Twedell June 18, 2012 at 03:38 PM
From my research, it's not unconstitutional, but he probably is not very popular with either party for invoking this power and going around everyone, but as our elected President, that is within his power.
Kelly Twedell June 18, 2012 at 03:39 PM
Agree or disagree, that E.O. is a power that the president has. I find it interesting that this opens a new demographic for voters - it's pretty clear to see the reasoning behind it.
landaddy001 June 18, 2012 at 06:00 PM
The President of the United States is setting a bad example by using the presidential executive order in this way, assuming that his use of the presidential executive order in this way is legal. I wonder how accepting people would be if President Romney (if he were elected) used the presidential executive order to repeal Obama care? The executive branch is supposed to administer and enforce the laws of the legislative branch, not create or repeal laws.
Luis O. Rodriguez June 18, 2012 at 06:20 PM
There is an implication in the President's remarks that some of these "illegal-undocumented" individuals "have" served in the U.S. Military and are considered veterans which would qualify them for this benefits under the E.O.. Is this possible?. If so, have the President and his Department of Defense violated our laws?.
Kelly Twedell June 18, 2012 at 06:51 PM
Thanks for weighing in, these are all of critical importance given the election year. I expect to hear more on this in the upcoming weeks.
Kelly Twedell June 18, 2012 at 06:53 PM
Luis, I will look into this, I am not a subject matter expert with all things military, but it is interesting and I'd be curious about the numbers of veterans this applies to.
Tonto June 18, 2012 at 07:11 PM
Flip Flopper Obama - http://www.breitbart.com/Breitbart-TV/2012/06/16/Obama-In-March-2011-Cant-Stop-Deportations-Through-Executive-Order and from the left - http://www.youtube.com/watch?v=lrk1R5jUKtA

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