Attorney General Nominee Loretta Lynch Says Illegal Aliens Have A Right To Work in America — No They Do Not — They Should Be Deported — It Is The Law — Vote Against Nominee — Who Broke The Immigration System By Not Enforcing The Law — Presidents Bush and Obama — Videos
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Story 1: Attorney General Nominee Loretta Lynch Says Illegal Aliens Have A Right To Work in America — No They Do Not — They Should Be Deported — It Is The Law — Vote Against Nominee — Who Broke The Immigration System By Not Enforcing The Law — Presidents Bush and Obama — Videos
AG Nominee: ‘Right To Work Is Shared By Everyone In This Country Regardless’ Of Immigration Status
Senator Sessions, Chairman of the Senate Immigration Subcommittee, questioned Attorney General Nominee Loretta Lynch at today’s Judiciary hearing to consider her nomination. Sessions asked Lynch about the President’s decision to bypass Congress to order an amnesty, and how this action undermined the rights of disadvantaged American workers.
In addition to suspending enforcement for nearly all of the 12 million individuals unlawfully present in the United States, President Obama issue an executive decree on November 20th, 2014, extending work permits, Social Security, Medicare, tax credits, and government identification to 5 million illegal immigrants and illegal visa violators. This would allow illegal immigrants to take any job in America, regardless of chronic high unemployment for Americans—including a 10.4 percent unemployment rate for African-American workers. Peter Kirsanow, a member of the U.S. Commission on Civil Rights, explained—contra AG Holder’s “breathtaking” contention that amnesty was a civil right—that unlawful amnesty for illegal immigrants violated the rights of U.S. citizens to the full protection of their laws, including those laws passed by Congress to protect their jobs and wages from illegal competition. The President’s executive edict (an edict he said previously only an Emperor would deign to issue) voids Americans’ legal protections in law, supplanting them with a new executive policy that Congress and voters have rejected, a policy which forces unemployed Americans to compete against a large and growing illegal workforce.
Senator Sessions Attorney General Comfirmation Hearing jan 28 2015
Sen. Ted Cruz Second Q&A with Attorney General Nominee Loretta Lynch
Sen. Ted Cruz Third Q&A with Attorney General Nominee Loretta Lynch
AG Nominee Lynch: Obama’s Executive Action Did Not Provide Amnesty for Illegal Immigrants
Loretta Lynch, attorney general nominee, defends migrant policy
Loretta Lynch on Waterboarding: “It Is Torture And Illegal”
Attorney General nominee Loretta Lynch on Obama’s comments about marijuana
Lee questions Loretta Lynch on Prosecutorial Discretion, Operation Chokepoint, and Asset Forfeiture
Graham Questions U.S. Attorney General Nominee Loretta Lynch During Confirmation Hearing
Obama’s New Attorney General Nominee Loretta Lynch Hearing, Day 1, Part 1
AG Nominee Loretta Lynch Testifies Before Senate Judiciary Committee
Sen. Sessions Blasts President Obama’s Executive Immigration Order
The Problems with Loretta Lynch
Obama’s New Placeholder: Loretta Lynch
Brooklyn U.S. Attorney Loretta Lynch Picked As Attorney General Nominee
Megyn Kelly: Loretta Lynch Should Be ‘Most Acceptable’ AG Choice for GOP
Opening Statement from Attorney General Nominee Loretta Lynch (C-SPAN)
Speaker John Boehner on Executive Action on Immigration (C-SPAN)
24+ States File Lawsuit Against Obama’s Executive Amnesty
Up to December 10 a total of 24 States have Filed a Lawsuit Against Obama’s Executive Amnesty. Expect the number of states joining this lawsuit to rise over the next weeks. Originally 18 states, led by Texas, filed a lawsuit with the U.S. District Court in the Southern District of Texas challenging President Obama’s executive action on immigration. The suit claims that the White House overstepped its authority by granting amnesty and work permits for 5 million illegal aliens.
After filing the federal suit, Texas Attorney General and Governor-elect Greg Abbott wrote in a statement that President Obama’s executive amnesty “tramples the U.S. Constitution’s Take Care Clause and federal law.”
Also included in Attorney General Abbott’s statement were the states’ legal challenges to President Obama’s executive action:
• The executive action on immigration conflicts with the President’s constitutional duty to “take Care that the Laws be faithfully executed.” The Take Care Clause limits the scope of presidential power and ensures that the chief executive will uphold and enforce Congress’s laws – not unilaterally rewrite them under the cover of “prosecutorial discretion.”
• The DHS Directive failed to comply with the Administrative Procedure Act’s required notice and comment rulemaking process before providing that legal benefits like federal work permits, Medicare, and Social Security be awarded to individuals who are openly violating immigration laws.
• The executive action to dispense with federal immigration law will exacerbate the humanitarian crisis along the southern border, which will affect increased state investment in law enforcement, health care and education.
The other states involved in the suit include: Alabama, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Mississippi, Montana, Nebraska, North Carolina, South Carolina, South Dakota, Utah, West Virginia and Wisconsin.
UPDATE: Arizona has joined the lawsuit. In a statement, Arizona Governor Jan Brewer said, “Obama has exceeded his power as clearly defined in the United States Constitution and federal law and deliberately ignored the will of the American people. Such federal overreach cannot stand.”
Florida has joined the lawsuit. In a statement, Florida Attorney General Pam Bondi said, “The President repeatedly said he would not violate the law, then decided to do just that. The powers granted to the President are expressly laid out in the United States Constitution, yet President Obama has decided to ignore those parameters.”
As of December 10, Arkansas, Michigan, North Dakota, Ohio and Oklahoma have also joined the lawsuit.
The governors’ claim is in a 75-page document filed in a Texas federal district court that states “This lawsuit is not about immigration. It is about the rule of law, presidential power and the structural limits of the U.S. Constitution.” President Obama’s unilateral immigration action, which was presented November 20, would allow for work permits and tentative status to nearly five million illegal immigrants, and would protect many others from deportation. However, those not included would not have the same legal standing as the five million officially granted the amnesty.
The governors have said that their reasoning for suing is due to the cost and responsibility that comes with allowing five million people to stay. Their state taxpayers would be required to pay for the expenses entailed with schooling, health care, and police to handle a sudden influx of illegal border crossings. Texas is joined in the lawsuit by the states Alabama, Georgia, North
Carolina, South Carolina, Mississippi, Louisiana, West Virginia, Maine, Nebraska, Kansas, Idaho, Indiana, Montana, Utah, Wisconsin and South Dakota. Attorney General Greg Abbot of Texas leads the charge of spurring lawsuits against immigration amnesty by President Obama. Mr. Abbot has challenged the Obama administration 31 times and this will be his 34th against the federal government. This current lawsuit is being utilized by Republicans as a temporary method to stall President Obama’s amnesty action through the courts.
Jay Sekulow on Fox News: Resetting Obama’s Executive Power
Graham Questions U.S. Attorney General Nominee Loretta Lynch During Confirmation Hearing
Will Loretta Lynch Be Confirmed As Attorney General?
Federal Judge Rules Obama’s Immigration Orders Unconstitutional • Hannity • 12/17/14
December 17th, 2014 • A Federal Judge has ruled that President Obama’s executive actions on immigration are unconstitutional and a violation of the separation of powers clause. Constitutional Law Professor Jonathan Turley examines the ruling with Fox News host Sean Hannity.
Rep. Gowdy’s Floor Speech on Stopping Executive Action on Immigration
Cornyn: Executive Action on Immigration an Unconstitutional Abuse of Power
Is Obama’s executive action on immigration legal?
Gowdy: ‘President Obama is wrong’ on immigration executive action
Brooks and Marcus on immigration executive action precedent
Obama Immigration Reform 2014 Speech: Announcing Executive Action [FULL] Today on November 20th
Weekly Address: Immigration Accountability Executive Action
Cato Connects: Executive Action on Immigration
[FULL] Stewart Jabs Obama for Going All ‘Emperor’ on Immigration Action
26 states suing Obama over immigration executive action as Boehner plans his own legal action
By Morgan Chalfant
It appears the majority of states believe President Obama’s executive action on immigration to be illegal.
A grand total of 26 states have joined a lawsuit led by Texas against Obama for the executive action he announced last November, according to the Huffington Post.
The suit was filed in December and, as of Monday, has gained the support of more half the states in the country.
“The momentum against the president’s lawlessness continues to build with Tennessee and Nevada joining the effort to protect our states from the economic and public safety implications of illegal amnesty,” explained Texas Attorney General Ken Paxton Monday. “As President Obama himself has said numerous times, he lacks the authority to impose amnesty. His actions represent a blatant case of overreach and clear abuse of power.”
Some states — 12 in addition to Washington, D.C., to be precise — have alternatively expressed their support of Obama’s executive action by filing an amicus brief. A group of 30 mayors have done the same.
However, the president certainly does not have the support of the Republican-led Congress on the issue. In fact, House Speaker John Boehner (R-Ohio) told GOP members of the House Tuesday that the government body will also pursue a lawsuit against Obama over his immigration action, as reports CNN.
“We are finalizing a plan to authorize litigation on this issue — one we believe gives us the best chance of success,” he reportedly said, according to a source.
This comes just months after the House filed a suit against the president over his executive action on Obamacare, which was itself seen by many as the House GOP’s response to Obama’s immigration announcement in November.
The 26 states that have joined in the immigration lawsuit are as follows: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia and Wisconsin.
http://redalertpolitics.com/2015/01/27/26-states-suing-obama-immigration-executive-action-boehner-plans-legal-action/Lynch defends Obama’s immigration policies
By ERICA WERNER and ERIC TUCKER
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WASHINGTON (AP) — Challenged by Republicans, Attorney General nominee Loretta Lynch on Wednesday defended President Barack Obama’s decision to shelter millions of immigrants from deportation though they live in the country illegally.
She said that under the administration’s policy, the Department of Homeland Security is focusing its efforts on the removal of “the most dangerous of the undocumented immigrants among us.”
“It seems to be a reasonable way to marshal limited resources to deal with the problem” of illegal immigration, she said.
Lynch made her remarks in the opening moments of a hearing into her appointment as the nation’s first black female attorney general. It is the first confirmation proceeding since Republicans took control of the Senate this month.
Lynch, a daughter of the segregated South, was accompanied at the hearing by about 30 family members and friends. Among them were her father, who is a retired minister, her husband and several members of her college sorority, Delta Sigma Theta, wearing their trademark red.Settling into the witness chair for what promised to be a long day of questioning, Lynch promised a fresh relationship with law enforcement and with Congress.
“I pledge to all of you and to the American people that I will fulfill my responsibilities with integrity and independence,” she said in remarks prepared for the panel led by Republicans who say Attorney General Eric Holder has been too willing to follow President Barack Obama’s political agenda.
Sen. Charles Grassley, the Iowa Republican and committee chairman, said as much in the opening moments of the hearing. He said the department is “deeply politicized. But that’s what happens when the attorney general of the United States views himself, in his own words, as the president’s ‘wingman.'”
Grassley did not press further after Lynch offered her defense of Obama’s immigration policies, even though he said they amount to rewriting the law rather than enforcing it.
Lynch, the U.S. attorney for the Eastern District of New York, is widely expected to win confirmation easily, if only because Republicans are so eager for Holder’s tenure to end. He has been a lightning rod for conservative criticism, clashing with Republicans and becoming the first sitting attorney general held in contempt of Congress.In testimony delivered before she was questioned, Lynch said that if confirmed she would focus on combatting terrorism and cybercrime and would protect the vulnerable from criminal predators.
And she was at pains to promise what Republican critics demanded in advance.
“I look forward to fostering a new and improved relationship with this committee, the United States Senate and the entire United States Congress, a relationship based on mutual respect and constitutional balance,” she said.
Holder also battled the perception from critics that he aligned himself more with protesters of police violence than with members of law enforcement, a charge he and the Justice Department have strongly denied — but one that resonated in the aftermath of high-profile deaths of black men at the hands of white police officers.
In her prepared testimony, Lynch promised a fresh start in that relationship, too.“Few things have pained me more than the recent reports of tension and division between law enforcement and the communities we serve,” Lynch said, pledging to “work to strengthen the vital relationships” if confirmed.
Lynch already has earned praise from several GOP senators for her impressive credentials and accomplishments. But she faced tough questions from Republicans who now control the Senate.
“She certainly has the credentials. We don’t want a repeat of what we had,” said Sen. Orrin Hatch, R-Utah, a senior committee member. “I look upon her as a pretty good appointment, but I have to listen along with everybody else.”
In answer to a question from Hatch, she said Wednesday, “Every lawyer has to be independent, the attorney general even more so, and I pledge to you that I take that independence seriously.”
The Judiciary Committee includes some of the Senate’s most outspoken Republicans, among them Sen. Ted Cruz of Texas, a potential presidential candidate who promised to quiz Lynch on Obama’s executive actions on immigration that granted reprieves from deportation to millions.
“We need an attorney general who will stop being a partisan attack dog and instead get back to the traditions of upholding the Constitution and the law in a fair and impartial manner,” Cruz said.
Lynch’s hearing comes amid a nationwide spotlight on police tactics in the wake of deaths of black men at the hands of white police officers, as well as the slaying last month of two officers in New York City. It’s an issue Lynch, 55, is deeply familiar with.
Lynch helped prosecute the New York City police officers who severely beat and sexually assaulted Haitian immigrant Abner Louima in 1997. Her office in New York is currently leading a civil rights investigation into the police chokehold death of Eric Garner in Staten Island last summer.
Lynch has been the top prosecutor since 2010 for a district that includes Brooklyn, Queens, Staten Island and Long Island, a role she also held from 1999 to 2001.
Lynch grew up with humble beginnings in North Carolina, the daughter of a school librarian and a Baptist minister. She received undergraduate and law degrees from Harvard University. testimony.
http://apnews.myway.com/article/20150128/us–senate-attorney_general-4e5eabfaf6.html
Govt tells agents to ID which immigrants not to deport
By ALICIA A. CALDWELL
WASHINGTON (AP) — The Obama administration has ordered immigration agents to ask immigrants they encounter living in the country illegally whether they might qualify under President Barack Obama’s plans to avoid deporting them, according to internal training materials obtained by The Associated Press.
Agents also have been told to review government files to identify any jailed immigrants they might be able to release under the program.
The directives from the Homeland Security Department mark an unusual change for U.S. immigration enforcement, placing the obligation on the government for identifying immigrants who might qualify for lenient treatment. Previously, it was the responsibility of immigrants or their lawyers to assert that they might qualify under rules that could keep them out of jail and inside the United States.
It’s akin to the Internal Revenue Service calling taxpayers to recommend they should have used certain exemptions or deductions.
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The training materials apply to agents for Customs and Border Protection and Immigration and Customs Enforcement. They instruct agents “to immediately begin identifying persons in their custody, as well as newly encountered persons” who may be eligible for protection from deportation.One training document includes scenarios describing encounters between agents and immigrants with guidance about how agents should proceed, with a checklist of questions to determine whether immigrants might qualify under the president’s plans. ICE officials earlier began releasing immigrants who qualified for leniency from federal immigration jails.
Obama in November announced a program to allow roughly 4 million parents of U.S. citizens and legal permanent residents to apply for permission to stay in the country for up to three years and get a work permit. The program mirrors one announced in 2012 that provides protection from deportation for young immigrants brought to the country as children.
A spokesman for Customs and Border Protection, Carlos Diaz, said immigrants caught crossing the border illegally remain a top priority for the agency. The training documents for border agents, he said, “provide clear guidance on immigration enforcement operations so that both time and resources are allocated appropriately.”
Crystal Williams, executive director for the American Immigration Lawyers Association in Washington, said the training will help filter people the government said should not be a priority anyway. She said the training marked the first she has heard of officers being directed to screen immigrants for potential leniency before they were arrested.
“Just because it’s a change doesn’t mean it’s anything particularly radical,” Williams said.Rep. Luis Gutierrez, an Illinois Democrat and vocal supporter of Obama’s immigration plans, said having CBP officers screen immigrants out of the deportation line lets the government “move criminals and recent arrivals to the front of the deportation line. The emphasis now is on who should be deported first, not just who can be deported.”
A former deputy assistant attorney general in the Justice Department, John Malcolm, said the new instructions limit immigration agents.
“Agents are being discouraged away from anything other than a cursory view” of an immigrant’s status and qualification for leniency, said Malcolm, who works as a senior legal fellow at the conservative Heritage Foundation think tank in Washington.
Under Obama’s plans, the government is focused on deporting immigrants with serious criminal records or who otherwise pose a threat to national security or public safety. For the most part, under the new policy, immigrants whose only offense is being in the country without permission aren’t supposed to be a priority for immigration officers.
While the administration has estimated that as many as 4 million people will be eligible for protection from deportation, the Congressional Budget Office estimated about 2 million to 2.5 million immigrants are expected to be approved for the program by 2017. As many as 1.7 million young immigrants were estimated to be eligible for the Deferred Action for Childhood Arrivals program, but since its 2012 creation only about 610,000 people have successfully signed up.
http://apnews.myway.com/article/20150128/us–immigration_overload-a135fed8ce.htm
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Three things that are illegal about Obama’s immigration plan
It’s official. By executive fiat, President Obama will grant amnesty to up to 5 million immigrants living illegally in the United States.
How did we get here? Didn’t the president say, even last year, that he couldn’t, and wouldn’t take executive action on immigration?
If Obama ever finds himself in a court of law, he would surely be advised to invoke the Fifth Amendment. He is prone to contradiction and tends to be a good witness against himself.
President Obama’s favorite justification for his executive action is that “Congress failed to act.” No, Mr. President, Congress did not fail to act, it chose not to act in granting amnesty.
Consider his self-incriminating statements on immigration and executive powers. A year ago, when asked if he had the authority to end deportations of illegal aliens he said, “Actually, I don’t.” Three years earlier, when pressed as to why he could not act on his own on immigration he said, “The notion that somehow I can just change the laws unilaterally is just not true.”
Well, now the president says it is true — he can alter the laws unilaterally. Why the metamorphosis? What changed? The law and the Constitution are still the same. Which leaves Obama. When it comes to the truth, inconvenient or otherwise, he is a chameleon like no other politician. He never hesitates to contradict himself, conjuring a new breadth of hypocrisy.
President Obama’s favorite justification for his executive action is that “Congress failed to act.” No, Mr. President, Congress did not fail to act, it chose not to act in granting amnesty.
There is a difference. A determination not to act is, by itself, a deliberate act. This is how the framers constructed our system of government. Congress considers and debates a great many bills. Not all of them pass. This is not “failure” in the conventional sense, but decision by declination. It constitutes a prudent and calculated process.
But the president uses this contrived “failure” as a pretext to arrogate the authority of another branch of government. He wields his pen to legislate by executive decree. He well knows he is exceeding his power. In 2011, he said, “I know some people want me to bypass Congress and change the (immigration) on my own. But that‘s not how our system works. That’s not how our democracy functions. That’s not how our Constitution is written.” He was right. It was a rare moment of clarity for a man who fancies himself a constitutional scholar.
Now, however, by granting legal status to roughly half the nation’s population of illegal immigrants, Obama is twisting the law, ignoring the Constitution, and forsaking his primary responsibility as chief executive. For years, he argued publicly it would be unconstitutional for him to take such action because he said, “I’m president, I’m not king.” Apparently, he now favors a crown on his noggin. In truth, he is king of self-confutation, negating himself with his own words.
Recently, when asked why he disagreed with himself, the president insisted, “Well, actually, my position hasn’t changed”. After the laughter died down, the Washington Post Fact Checker gave Obama an upside-down Pinocchio for his tortured denial of a blatant flip-flop.
The president’s executive action to legalize illegals by nullifying existing law, constitutes a stunning abuse of office: usurping the power of Congress, while abdicating his duty to uphold and enforce the laws. Here are three ways this is happening:
1. Distorting Prosecutorial Discretion
President Obama claims he is entitled to overhaul immigration laws in the name of “prosecutorial discretion.” It is one of those wonderfully fungible phrases in the law. Elastic because it is vague and ambiguous. Useful because it can be easily abused. Mr. Obama has appropriated this doctrine to argue he has near boundless discretion to amend, revise, waive or suspend the execution of immigration laws. As chief executive, he is empowering himself to decide what laws may be enforced or ignored and what persons may come or go across our southern border irrespective of what the law actually states.
In past decisions, the U.S. Supreme Court has cautioned the executive branch that its prosecutorial discretion, while broad, is not “unfettered.” It is subject to restrictions. The doctrine may not be used to adopt a sweeping policy of non-enforcement of the law. It applies only to decisions not to prosecute or expelspecific individuals or small groups of people, typically for exigent reasons like war, civil unrest or political persecution.
By contrast, President Obama is bestowing a wholesale, blanket amnesty for an entire class of nearly 5 million people. He is doing so not for the reasons allowed by law, but for purposes that appear to be purely political. This is a flagrant abuse of prosecutorial discretion. His expansive action exceeds his authority in ways that none of his predecessors ever envisioned. And it is a radical departure from any of the executive actions issued by previous presidents.
It is true that President Ronald Reagan utilized executive action in 1987 to grant a limited deportation reprieve to certain spouses and young children of immigrants. But his action was a logical and direct extension of, not a departure from, an existing amnesty law Congress had already passed. His exemption and a subsequent extension by his successor, President George H. W. Bush, were later incorporated into a new law passed by Congress. The point is instructive. The actions by Reagan and Bush are not a supporting precedent for Mr. Obama, but an important limiting principle of presidential authority.
However, President Obama has commandeered this elastic doctrine of prosecutorial discretion and stretched or manipulated it beyond all recognition and reason. It has become his political Gumby toy with which he exerts his will whenever he fails to get his way with Congress. He contorts the word “discretion” to adopt a capacious policy — his own policy — to ban full enforcement of a duly enacted immigration statute. He treats the doctrine as a magical incantation shielding his arbitrariness.
2. Usurping Legislative Authority
Our Constitution clearly delineates a separation of powers. Congress is vested with writing laws and the President is charged with executing those laws. This is especially true when it comes to immigration.
At the end of the 19th century, the Supreme Court declared that Congress had “plenary power” (meaning full and complete) to regulate immigration. Derived from Article 1, Section 8 of the Constitution, the doctrine is based on the concept that immigration is a question of national sovereignty, relating to a nation’s right to define its own borders and restrict entrance therein. As the high court observed, “Over no conceivable subject is the legislative power of Congress more complete.”
Yet President Obama has decided to usurp this power by unilateral directive, unconstrained by established checks and balances. In so doing, he is granting himself extra-constitutional authority and upsetting the carefully balanced separation of powers. He is also subverting the nucleus of our constitutional design: the rule of law.
3. Breaching His Sworn Duty
President Obama’s decision that existing laws shall not be enforced against some 5 million illegal immigrants violates his sworn constitutional duty. Article II, Section 3 requires that the President “shall take Care that the Laws be faithfully executed.” Nowhere is it written that the chief executive is granted the latitude to pick and choose which laws he wants to enforce. He cannot ignore or nullify laws he does not like because the constitution gives him no power not to execute laws. To infer such latitude would invite an authoritarian rule anathema to our founding fathers’ vision. President Obama admitted as much when he said, “The fact of the matter is, there are laws on the books that I have to enforce.” He was specifically talking about immigration laws.
In 1996, Congress passed a law which requires federal immigration agents to deport illegal immigrants, with few exceptions. The statutory language is mandatory. Thus, whatever prosecutorial discretion which may have existed previously, was specifically eliminated by that legislative act. Yet, the President is now, in effect, ordering those agents to break the law. He cannot, on his own, engage in a de facto repeal of this law by executive action. To do so would be, quite simply, lawlessness and a dereliction of his duty.
If President Obama can refuse to enforce a valid federal law affecting millions of people, are there any limits to his powers? After all, he has frequently threatened, “Where Congress won’t act, I will.” What is to stop him from rewriting other laws with which he disagrees? Or to act where Congress has declined or refused to act? Can he abolish certain tax laws because Congress chooses to keep them? Can he banish all sources of energy except renewables to advance his agenda on climate change? If so, why even have a legislative branch of government? What’s the point of a Constitution which enumerates and circumscribes powers and duties?
Men like Madison, Jefferson and Adams were keenly aware of the tyranny and corruption of authority concentrated in too few hands. They knew the thirst for power posed an existential danger to those who cherish freedom. Their genius was in crafting a sustaining document that would end the arrogance of one man rule and protect the inherent rights of all men. They knew that absolute power corrupts.
And they feared future presidents like Mr. Obama.
In the history of our republic, no president has dared turn his high office into an instrument of unrestrained power. They held too much respect for their fellow citizens than to abuse or misuse the principles of our democracy. Even Lincoln’s actions to preserve the nation during the Civil War were grounded in the Constitution and the rule of law.
But, like the title of his autobiography, Mr. Obama’s measure of himself seems defined by the word “audacity.” It is no more evident than now.
http://www.foxnews.com/opinion/2014/11/20/three-things-that-are-illegal-about-obama-immigration-plan/
FACT SHEET: Immigration Accountability Executive Action
The President’s Immigration Accountability Executive Actions will help secure the border, hold nearly 5 million undocumented immigrants accountable, and ensure that everyone plays by the same rules. Acting within his legal authority, the President is taking an important step to fix our broken immigration system.
These executive actions crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay their fair share of taxes as they register to temporarily stay in the U.S. without fear of deportation.
These are common sense steps, but only Congress can finish the job. As the President acts, he’ll continue to work with Congress on a comprehensive, bipartisan bill—like the one passed by the Senate more than a year ago—that can replace these actions and fix the whole system.
Three critical elements of the President’s executive actions are:
- Cracking Down on Illegal Immigration at the Border: The President’s actions increase the chances that anyone attempting to cross the border illegally will be caught and sent back. Continuing the surge of resources that effectively reduced the number of unaccompanied children crossing the border illegally this summer, the President’s actions will also centralize border security command-and-control to continue to crack down on illegal immigration.
- Deporting Felons, Not Families: The President’s actions focus on the deportation of people who threaten national security and public safety. He has directed immigration enforcement to place anyone suspected of terrorism, violent criminals, gang members, and recent border crossers at the top of the deportation priority list.
- Accountability – Criminal Background Checks and Taxes: The President is also acting to hold accountable those undocumented immigrants who have lived in the US for more than five years and are parents of U.S. citizens or Lawful Permanent Residents. By registering and passing criminal and national security background checks, millions of undocumented immigrants will start paying their fair share of taxes and temporarily stay in the U.S. without fear of deportation for three years at a time.
The President’s actions will also streamline legal immigration to boost our economy and will promote naturalization for those who qualify.
For more than a half century, every president—Democratic or Republican—has used his legal authority to act on immigration. President Obama is now taking another commonsense step. As the Administration implements these executive actions, Congress should finish the job by passing a bill like the bipartisan Senate bill that: continues to strengthen border security by adding 20,000 more Border Patrol agents; cracks down on companies who hire undocumented workers; creates an earned path to citizenship for undocumented immigrants who pay a fine and taxes, pass a background check, learn English and go to the back of the line; and boosts our economy and keeps families together by cutting red tape to simplify our legal immigration process.
CRACKING DOWN ON ILLEGAL IMMIGRATION AT THE BORDER
Under the Obama Administration, the resources that the Department of Homeland Security (DHS) dedicates to security at the Southwest border are at an all-time high. Today, there are 3,000 additional Border Patrol agents along the Southwest Border and our border fencing, unmanned aircraft surveillance systems, and ground surveillance systems have more than doubled since 2008. Taken as a whole, the additional boots on the ground, technology, and resources provided in the last six years represent the most serious and sustained effort to secure our border in our Nation’s history, cutting illegal border crossings by more than half.
And this effort is producing results. From 1990 to 2007, the population of undocumented individuals in the United States grew from 3.5 million to 11 million people. Since then, the size of the undocumented population has stopped growing for the first time in decades. Border apprehensions—a key indicator of border security— are at their lowest level since the 1970s. This past summer, the President and the entire Administration responded to the influx of unaccompanied children with an aggressive, coordinated Federal response focused on heightened deterrence, enhanced enforcement, stronger foreign cooperation, and greater capacity for Federal agencies to ensure that our border remains secure. As a result, the number of unaccompanied children attempting to cross the Southwest border has declined precipitously, and the Administration continues to focus its resources to prevent a similar situation from developing in the future.
To build on these efforts and to ensure that our limited enforcement resources are used effectively, the President has announced the following actions:
- Shifting resources to the border and recent border crossers. Over the summer, DHS sent hundreds of Border Patrol agents and U.S. Immigration and Customs Enforcement (ICE) personnel to the Southwest border, and the Department of Justice (DOJ) reordered dockets in immigration courts to prioritize removal cases of recent border crossers. This continued focus will help keep our borders safe and secure. In addition, Secretary Johnson is announcing a new Southern Border and Approaches Campaign Plan which will strengthen the efforts of the agencies who work to keep our border secure. And by establishing clearer priorities for interior enforcement, DHS is increasing the likelihood that people attempting to cross the border illegally will be apprehended and sent back.
- Streamlining the immigration court process. DOJ is announcing a package of immigration court reforms that will address the backlog of pending cases by working with DHS to more quickly adjudicate cases of individuals who meet new DHS-wide enforcement priorities and close cases of individuals who are low priorities. DOJ will also pursue regulations that adopt best practices for court systems to use limited court hearing time as efficiently as possible.
- Protecting victims of crime and human trafficking as well as workers. The Department of Labor (DOL) is expanding and strengthening immigration options for victims of crimes (U visas) and trafficking (T visas) who cooperate in government investigations. An interagency working group will also explore ways to ensure that workers can avail themselves of their labor and employment rights without fear of retaliation.
DEPORTING FELONS, NOT FAMILIES
By setting priorities and focusing its enforcement resources, the Obama Administration has already increased the removal of criminals by more than 80%. These actions build on that strong record by:
- Focusing on the removal of national security, border security, and public safety threats. To better focus on the priorities that matter, Secretary Johnson is issuing a new DHS-wide memorandum that makes clear that the government’s enforcement activity should be focused on national security threats, serious criminals, and recent border crossers. DHS will direct all of its enforcement resources at pursuing these highest priorities for removal.
- Implementing a new Priority Enforcement Program. Effectively identifying and removing criminals in state and local jails is a critical goal but it must be done in a way that sustains the community’s trust. To address concerns from Governors, Mayors, law enforcement and community leaders which have undermined cooperation with DHS, Secretary Johnson is replacing the existing Secure Communities program with a new Priority Enforcement Program (PEP) to remove those convicted of criminal offenses. DHS will continue to rely on biometric data to verify individuals who are enforcement priorities, and they will also work with DOJ’s Bureau of Prisons to identify and remove federal criminals serving time as soon as possible.
ACCOUNTABILITY – CRIMINAL BACKGROUND CHECKS AND TAXES
Every Democratic and Republican president since Dwight Eisenhower has taken executive action on immigration. Consistent with this long history, DHS will expand the existing Deferred Action for Childhood Arrivals (DACA) program to include more immigrants who came to the U.S. as children. DHS will also create a new deferred action program for people who are parents of U.S. Citizens or Lawful Permanent Residents (LPRs) and have lived in the United States for five years or longer if they register, pass a background check and pay taxes.
The President is taking the following actions to hold accountable certain undocumented immigrants:
- Creating a mechanism that requires certain undocumented immigrants to pass a background check to make sure that they start paying their fair share in taxes. In order to promote public safety, DHS is establishing a new deferred action program for parents of U.S. Citizens or LPRs who are not enforcement priorities and have been in the country for more than 5 years. Individuals will have the opportunity to request temporary relief from deportation and work authorization for three years at a time if they come forward and register, submit biometric data, pass background checks, pay fees, and show that their child was born before the date of this announcement. By providing individuals with an opportunity to come out of the shadows and work legally, we will also help crack down on companies who hired undocumented workers, which undermines the wages of all workers, and ensure that individuals are playing by the rules and paying their fair share of taxes.
- Expanding DACA to cover additional DREAMers. Under the initial DACA program, young people who had been in the U.S. for at least five years, came as children, and met specific education and public safety criteria were eligible for temporary relief from deportation so long as they were born after 1981 and entered the country before June 15, 2007. DHS is expanding DACA so that individuals who were brought to this country as children can apply if they entered before January 1, 2010, regardless of how old they are today. Going forward, DACA relief will also be granted for three years.
The President’s actions will also streamline legal immigration to boost our economy and promote naturalization by:
- Providing portable work authorization for high-skilled workers awaiting LPR status and their spouses. Under the current system, employees with approved LPR applications often wait many years for their visa to become available. DHS will make regulatory changes to allow these workers to move or change jobs more easily. DHS is finalizing new rules to give certain H-1B spouses employment authorization as long as the H-1B spouse has an approved LPR application.
- Enhancing options for foreign entrepreneurs. DHS will expand immigration options for foreign entrepreneurs who meet certain criteria for creating jobs, attracting investment, and generating revenue in the U.S., to ensure that our system encourages them to grow our economy. The criteria will include income thresholds so that these individuals are not eligible for certain public benefits like welfare or tax credits under the Affordable Care Act.
- Strengthening and extending on-the-job training for STEM graduates of U.S universities. In order to strengthen educational experiences of foreign students studying science, technology, engineering, and mathematics (STEM) at U.S. universities, DHS will propose changes to expand and extend the use of the existing Optional Practical Training (OPT) program and require stronger ties between OPT students and their colleges and universities following graduation.
- Streamlining the process for foreign workers and their employers, while protecting American workers. DHS will clarify its guidance on temporary L-1 visas for foreign workers who transfer from a company’s foreign office to its U.S. office. DOL will take regulatory action to modernize the labor market test that is required of employers that sponsor foreign workers for immigrant visas while ensuring that American workers are protected.
- Reducing family separation for those waiting to obtain LPR status. Due to barriers in our system, U.S. citizens and LPRs are often separated for years from their immediate relatives, while they wait to obtain their LPR status. To reduce the time these individuals are separated, DHS will expand an existing program that allows certain individuals to apply for a provisional waiver for certain violations before departing the United States to attend visa interviews.
- Ensuring that individuals with lawful status can travel to their countries of origin. DHS will clarify its guidance to provide greater assurance to individuals with a pending LPR application or certain temporary status permission to travel abroad with advance permission (“parole”).
- Issuing a Presidential Memorandum on visa modernization. There are many ways in which our legal immigration system can be modernized to reduce government costs, eliminate redundant systems, reduce burdens on employers and families, and eliminate fraud. The President is issuing a Memorandum directing an interagency group to recommend areas for improvement.
- Creating a White House Task Force on New Americans. The President is creating a White House Task Force on New Americans to create a federal strategy on immigrant integration.
- Promoting Citizenship Public Awareness: DHS will launch a comprehensive citizenship awareness media campaign in the 10 states that are home to 75 percent of the overall LPR population. USCIS will also expand options for paying naturalization fees and explore additional measures to expand accessibility, including studying potential partial fee waiver for qualified individuals.
- Ensuring U.S. Citizens Can Serve: To further our military’s needs and support recruitment efforts, DHS will expand an existing policy to provide relief to spouses and children of U.S. citizens seeking to enlist in the military, consistent with a request made by the Department of Defense.
8 U.S. Code § 1227 – Deportable aliens
Current through Pub. L. 113-234. (See Public Laws for the current Congress.)
(a) Classes of deportable aliens
(1) Inadmissible at time of entry or of adjustment of status or violates status
(C) Violated nonimmigrant status or condition of entry
(D) Termination of conditional permanent residence
(H) Waiver authorized for certain misrepresentations
(i) Crimes of moral turpitude Any alien who—
is deportable.
(E) Crimes of domestic violence, stalking, or violation of protection order, crimes against children and
(3) Failure to register and falsification of documents
(B) Failure to register or falsification of documents
(D) Falsely claiming citizenship
(4) Security and related grounds
(D) Participated in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing
(7) Waiver for victims of domestic violence
(i) [1] upon a determination that—
(B) Credible evidence considered
(b) Deportation of certain nonimmigrants
(c) Waiver of grounds for deportation
(1) If the Secretary of Homeland Security determines that an application for nonimmigrant status under subparagraph (T) or (U) of section 1101 (a)(15) of this title filed for an alien in the United States sets forth a prima facie case for approval, the Secretary may grant the alien an administrative stay of a final order of removal under section 1231 (c)(2) of this title until—
Loretta Lynch
Loretta Lynch | |
---|---|
United States Attorney for the Eastern District of New York |
|
Incumbent | |
Assumed office May 8, 2010 |
|
Appointed by | Barack Obama |
Preceded by | Benton Campbell |
In office June 1999 – May 2001 |
|
Appointed by | Bill Clinton |
Preceded by | Zachary Carter |
Succeeded by | Roslynn Mauskopf |
Personal details | |
Born | Loretta Elizabeth Lynch May 21, 1959 Greensboro, North Carolina,U.S. |
Political party | Democratic |
Spouse(s) | Stephen Hargrove |
Alma mater | Harvard University (A.B., J.D.) |
Loretta Elizabeth Lynch[1] (born May 21, 1959) is the current United States Attorney for the Eastern District of New York. Her current tenure as U.S. Attorney began in 2010, and she previously held the position from 1999−2001. As U.S. Attorney for the Eastern District of New York, Lynch oversees federal prosecutions in Brooklyn, Queens, Staten Island and Long Island. On November 8, 2014, President Barack Obama nominated her to succeed Eric Holder as Attorney General of the United States.[2]
Early life and education
Lynch was born in Greensboro, North Carolina on May 21, 1959. Her mother was a school librarian and her father was a Baptist minister.[3][4] As a child, she spent hours with her father, watching court proceedings in the courthouse of Durham, North Carolina. Her early fascination with court proceedings was compounded by stories of her grandfather, also a pastor, who in the 1930s helped people move to the north to escape persecution under the Jim Crow laws of the time.[5] Lynch earned a Bachelor of Arts in English and American literature from Harvard College in 1981 and a Juris Doctor from Harvard Law School in 1984.[6][7]
Career
Lynch’s first legal job was as a litigation associate for Cahill Gordon & Reindel.[8] She joined the Eastern District as a drug and violent-crime prosecutor in the U.S. Attorney’s office in 1990. From 1994 to 1998, she served as the chief of the Long Island office and worked on several political corruption cases involving the government of Brookhaven, New York. From 1998 to 1999, she was the chief assistant U.S. Attorney in the Eastern District and headed the Brooklyn office. In 1999, she was nominated by President Bill Clinton to serve as the U.S. Attorney for the Eastern District of New York.[9] During her term as U.S. Attorney, Lynch oversaw prosecution of New York City police officers in the Abner Louima case.
In 2001, Lynch left the U.S. Attorney’s office to become a partner at Hogan & Hartson (later Hogan Lovells). She remained there until January 20, 2010, when President Barack Obama nominated Lynch to again serve as United States Attorney for the Eastern District of New York.[7][10] From 2003 to 2005, she was a member of the board of the Federal Reserve Bank of New York.[11]
Following the July 2014 death of Eric Garner, an unarmed man who died of a heart attack after resisting arrest and being held in a department-prohibited chokehold by a New York City police officer, Lynch agreed to meet with Garner’s family to discuss possible federal prosecution of the officer believed to be responsible in his death.[12][13]
Lynch’s office indicted Republican congressman Michael Grimm; prosecuted Democratic politicians Pedro Espada Jr. and William Boyland, Jr.; investigated Citigroup over mortgage securities sold by the bank, resulting in a US$7 billion settlement; and was involved in the US$1.2 billion settlement with HSBC over violations of the Bank Secrecy Act.[14][15][16]
On November 8, 2014, President Barack Obama nominated Lynch for the position of U.S. Attorney General, succeeding Eric Holder, who had previously announced his resignation pending confirmation of his replacement. If confirmed by the U.S. Senate, she would be the first African-American woman; the second African-American, after Holder; and the second woman, after Janet Reno; to hold this office.[17][18]
Personal
Lynch and her husband, Stephen Hargrove, married in 2007. In her personal life she uses her married name, Loretta Lynch Hargrove. Her husband has two children from a previous marriage.[19][20]
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