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Title: Judge Nap: 'Rare Ruling Against Obama Could Delay Amnesty Forever'
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URL Source: http://insider.foxnews.com/2015/02/ ... as-immigration-amnesty-forever
Published: Feb 18, 2015
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Post Date: 2015-02-18 01:35:36 by James Deffenbach
Keywords: None
Views: 1171
Comments: 90
Judge Andrew Napolitano said today that a new federal court ruling could actually delay President Obama's immigration amnesty "forever." On FBN's "Varney & Co.," the judge explained the meaning behind the new ruling that temporarily blocks the implementation of Obama's executive actions on immigration. The ruling came late Monday after 26 states asked the court to delay the implementation until after the conclusion of a lawsuit challenging the legality of Obama's orders. U.S. District Judge Andrew Hanen granted the preliminary injunction Monday after hearing arguments in Brownsville, Texas, last month. He wrote in a memorandum accompanying his order that the lawsuit should go forward and that without a preliminary injunction the states will "suffer irreparable harm in this case." "The genie would be impossible to put back into the bottle," he wrote, adding that he agreed with the plaintiffs' argument that legalizing the presence of millions of people is a "virtually irreversible" action. The first of Obama's orders -- to expand a program that protects young immigrants from deportation if they were brought to the U.S. illegally as children -- was set to start taking effect Wednesday. The other major part of Obama's order, which extends deportation protections to parents of U.S. citizens and permanent residents who have been in the country for some years, was not expected to begin until May 19. Napolitano called Hanen's ruling "rare," saying one federal judge usually does not decide to stop the president from doing something. He said it's more common for a federal judge to let an appeals court decide. "You could count on one hand the number of times a single federal judge has done this to a President of the United States since World War II and you would not use all your fingers," he said. The case now moves to the Fifth Circuit Court of Appeals that covers New Orleans and Houston. Napolitano said the amnesty program is on hold "probably forever" unless the appeals court decides to overturn Hanen's injunction. He said it will probably take longer than two years - Obama's remaining time in office - for the overall case to wind its way through the courts. "The judge said the feds will probably lose and there is probably irreparable harm to the states, therefore I am going to stop this from happening and I'm going to stop it right now," he explained.
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#23. To: war (#15)
(Edited)
Re: your assertions about the Guarantee Clause and the States not being protected Federally from invasion. I'm just going to note quickly here for now that the States are fully empowered to protect themselves from invasion, by force of their Militia arms and even by going to war themselves or in conjunction with other States, if need be, before resorting to a request of any assistance at the Federal level. At that point, violence would already be an issue. However, the Federal branch has been obstructing their abilities to protect themselves so and also to simply enforce their own protective laws. Edited line 1 and added next to last sentence. ------- "They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC
Nor have they all been released from detention facilities. So? There is no Presidential "parole" power in Article II, period. Irrelevant...the POTUS is the chief executive of laws...Congress, in its exercise of its Article I powers, enacted immigration law that grants immigrants a limited right to be paroled into the US. --Are you a *Jew*?
A governor cannot mobilize National Guard troops to enforce federal law. A governor or group of governors cannot declare war or mobilize any guard troops under his command to go to war. For more information see: The Total Force Policy, 1973 --Are you a *Jew*?
Yea so? Naturalization has a process...immigration has a process...despite the fact that there may be some sense of *congruency* between the two, one is not dependent upon the other... --Are you a *Jew*?
I agree. Finally a judge makes a decision that is actually in America's best interest. Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends. Paul Craig Roberts "When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that glorifies it." Frederic Bastiat
For more information see: The Total Force Policy, 1973 Yes they can and the National Guard isn't the entirety of a State's Militia. I wasn't talking about the States enforcing Federal law but their own protective laws, by force of arms if need be. I was also talking about Constitutionality but you're talking about things that violate it as if that's ok and anything goes there that politicos do legislatively. However, that's not even a Republican form of government, such as our Constitution guarantees for us. It's mob rule. ------- "They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC
Sorry...no... Only the US Congress can declare war... --Are you a *Jew*?
What WE are talking about is immigration, i.e. federal law...not an invading force or state laws... --Are you a *Jew*?
Yea so? Naturalization has a process...immigration has a process...despite the fact that there may be some sense of *congruency* between the two, one is not dependent upon the other... I'm not sure what point you're trying to make here but I'm going to have to move to skip it until another day. ------- "They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC
I'll get back to your postings when I can. Please try to put any new ones in reply to me on hold until then so I'm not overly swamped when I return, tia.
------- "They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC
Congress can naturalize someone who is not an immigrant... --Are you a *Jew*?
Yep...enjoy...hope it all goes smoothly...
--Are you a *Jew*?
Friggen unbelievable. No, it's believable. War is like all liberals. Delusional or on a crusade to fundamentally change America..."by any means necessary." Congress?? Their job is to nod like obedient poodles, right? We apparently don't need no stinkin' Congress... Yeah -- didn't you know 0bongo is the Dems'/libs' KING??! They are perfectly content to allow this tyrant use a stroke of the pen and phone to crater the USA with unconstitutional EOs. You mean the President is the one who decides which laws to subvert, which laws to ignore, and which laws he can create -- with a stroke of the pen of course. Pretty cool, eh? "Parole" assumes a law has already been committed, doesn't it? So how many millions of "paroles" is he handing out like M&Ms? And now by BS technicality (Title 8 Section 212.5) 0bungler is going to circumvent U.S. Constitution, Article IV, Section 4?: "The United States shall guarantee to every state in the union a republican form of government, AND SHALL PROTECT EACH OF THEM AGAINST INVASION." When he does so for GROUPS, he is in fact, making law. Something not exactly in his job description. GAME OVER. Yes, but Reagan and Bush weren't elected King....:-) Also, DHS does not get to write law either. You have funny notions about the role of government and the powers that are given to it. ((( scoring like pinball machine ))) Irrelevant...the POTUS is the chief executive of laws...Congress, in its exercise of its Article I powers, enacted immigration law that grants immigrants a limited right to be paroled into the US. Congress isn't really authorized to reword or otherwise alter the Article II restricted powers of the Executive branch by passing immigration law. It would take an Amendment, and one in keeping with all of the Constitution, to write the word "parole" into that section. ------- "They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC
Congress can naturalize someone who is not an immigrant... I think that you have been putting the cart before the horse, so to speak, in your sentence structure about that -- the naturalization process before an immigration process to apply for such, all the steps of which must be Constitutionally lawful. Can you give me an example of Congressional naturalization without immigration other than the Post "Civil War" 14th Amendment to collectively Naturalize freed slaves as U.S. citizens in-general who didn't have State citizenship yet?; which included the same status for all Americans who were citizens of the States. ------- "They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC
...for America as a whole. Preventing the States from defending themselves so from invasions isn't one of their enumerated powers. ------- "They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC
What WE are talking about is immigration, i.e. federal law...not an invading force or state laws... This isn't an immigration issue. It's an illegal migrant issue. What's called federal law as to dictating "immigration policies" for the States has overstepped its boundaries. ------- "They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC
Had you bothered to read on you'd have *learned* something... A real *first*... Congress?? Their job is to nod like obedient poodles, right? We apparently don't need no stinkin' Congress... Given that both DAKA and DAPA cite the Executive Branch authority created in a LAW that was PASSED by Congress during the Bush Administration, your argument is kind of *dumb*... *corrected typo --Are you a *Jew*?
Nope. "Parole" assumes a law has already been committed, doesn't it? Huh? --Are you a *Jew*?
Article II powers explicitly grant the POTUS executive authority. He "shall take Care that the Laws be faithfully executed"...by that line, any law that Congress passes that requires an executive agency to administer is, in fact, a legitimate grant of Executive branch power. This is where the dynamic tension between the Constitution and legislated law is grossly overstated by those on the *right*. A POTUS has INHERENT power to issue orders to his executive agencies. Article II Section II makes that VERY clear. Congress' only real recourse when they disagree with how a law is being executed is in the Courts. It would take an Amendment, and one in keeping with all of the Constitution, to write the word "parole" into that section. Article I grants Congress the general power over immigration and naturalization and leaves the manner in which Congress chooses to do this to their own wisdom. No such amendment is necessary. --Are you a *Jew*?
Jones-Shafroth Act made residents of PR US citizens so that they could be drafted in to WWI. Various acts since the late 18th century have made those born outside of the borders of the US, natural born citizens. --Are you a *Jew*?
Read Article I: "To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions..." --Are you a *Jew*?
potayto/potahto... --Are you a *Jew*?
If I understand what you are trying to *state* here, a State has NO power to regulate ingress and egress of people through and across its territory and borders... Drive to Canada or Mexico...those aren't state authorities monitoring the border. --Are you a *Jew*?
Huh? Ok. Replace "committed" with "broken." My bad. {{{snicker}}} (urp)
A real *first*... Oh Great Sage of Wall Street. I read on. And on. And was reminded that when you're in doubt, it's far more convenient merely to cite some obscure, ambiguous, irrelevant acronym. OR, use stretch an interpretation to its most absolute broadest sense (as in Title 8 Section 212.5 US Code)...to support Amnesty. Given that both DAKA and DAPA cite the Executive Branch authority created in a LAW that was PASSED by Congress during the Bush Administration... I rest my case. Btw, nice touch in blaming BUSH instead of your Emperor. Careful -- that's War's trademark. He'll charge you a user fee. Good observation. AND valid, had we still had a Constitution. The USCON is now what the Emperor sez it is these days. Congress are nothing but 435 bobblehead poodles. Nope. Still making 0 sense. Here...get your boyslave to read this to you in between your oral bon-bons... --Are you a *Jew*?
So your compulsion to come off as under-informed was too much for you to overcome... Got it... I rest my case. Btw, nice touch in blaming BUSH instead of your Emperor. That was the intent of Title 8 Section 212.5, doofus... For more information...refer back to my observation of your compulsion... --Are you a *Jew*?
No it wasn't. --Are you a *Jew*?
That's the FREE MARKET afterall... But I'm a good guy...if Tull changes his tagline to "ALL HAIL WAR" we won't need to get the lawyers involved... --Are you a *Jew*?
Read Article I: "To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions..." It doesn't say that Governors can't call forth their own State Militia's to suppress Insurrections and repel Invasions there and States can call upon other States for help with that. The Federal government can call forth State Militias as those situations pertain to law at the Federal level because America's U.S. Armed Forces aren't supposed to be its law enforcers -- except in disaster or combat zone areas, for instatnce, where the civilian authorities and structures are unable to function properly to uphold the Constutution. Also, to assist our U.S. Armed Forces as needed with repelling invasions for national security purposes. Example: a rogue Governor facilitating invasion through their State borders by not moving to calling upon the State's Militia to stop it. The Federal government is not empowered to remove the ability of States to protect and defend themselves in those situations. ------- "They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC
If I understand what you are trying to *state* here, a State has NO power to regulate ingress and egress of people through and across its territory and borders... Drive to Canada or Mexico...those aren't state authorities monitoring the border. No, that's not what I stated. The Federal branch has failed to adequately guard the borders of our States that comprise our national borders but States certainly can regulate the travels of foreigners through their regions to only lawful Visa holders and such. The Federal government simply has Uniform Rules of Naturalization authority, which Obama's so-called "parole"/"deferred action" maneuverings, etc., have attempted to subvert and non-uniformly "fast-track" for criminals. It does not even have "immigration policy" authority to dictate that States must yield to however many lawful immigrants might choose to take up residence there beyond its set capacity levels, let alone that the States must submissively be burdened with illegal aliens, too, as a "Federally protected" group. Edited sentence 3. ------- "They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC
Various acts since the late 18th century have made those born outside of the borders of the US, natural born citizens. Puerto Rico is a U.S. territory. Cite the various acts you're alleging and please stop confusing citizenship generally with natural born citizenship status, which requires birth in America and both parents already being American citizens. Grammar edit. ------- "They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC
Good observation. AND valid, had we still had a Constitution. So far, I've been able to trace this supposed "parole" issue back to last year and the Military was being used then as an excuse to preferentially "legalize" any illegal alien family members of serving U.S. citizens, as well as to fast-track them non-uniformly for citizenship: Immigration change gives legal status to undocumented relatives of US military Excerpts: By William La Jeunesse, Dan GalloPublished March 11, 2014 FoxNews.com But critics say the policy is tantamount to backdoor amnesty. "A whole class of aliens with no right to be in the United States are suddenly going to be allowed to live and work here on the basis of their relationship with military and veterans," said Dan Cadman, with the Center for Immigration Studies. The exemption, called parole in place, came in the form of a U.S. Citizenship and Immigration Services "policy memorandum." It was not submitted to or approved by Congress, and the regulations were not published in the Federal Register, which allows for public comment prior to a rule taking effect. "I don't want to overstate it, but it sounds very similar to imperial decree if you ask me," Cadman said. "The public had no chance to comment on this new policy. I believe the way this was done was illegal." Obama administration officials say the new rules do not require congressional action because they're based on existing statutes. Based on what existing statues? Doesn't say, nor whether the statutes in question are themselves Unconstitutional. ------- "They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC
US Senator for Utah, Mike Lee: How Illegal Aliens Will Receive Fast Track to Citizenship Under the President’s Executive Amnesty - Dec 11 2014 As we all know, the President has recently announced executive action on immigration — what he calls “deferred action” for millions of aliens who are here illegally, but who have children who were born here and are therefore U.S. citizens. The President has repeatedly assured the American people that he is not creating a path to citizenship for those people. But the President is not telling the truth. He and his Administration have cleared the pathway to citizenship for millions of people who crossed our border illegally; they know that’s what they’ve done; and it is illegal. Immigration law is very complicated, but here’s the bottom line: If you are a foreign national and a parent of a U.S. citizen, when that child reaches age 21, assuming you haven’t committed certain crimes or done certain other things, you can get a green card and, eventually, citizenship. However, if you crossed the U.S. border illegally — “entered without inspection” as the law says — you first have to leave the country, wait a period of either 3 or 10 years before returning (depending on how long you had resided in the U.S.) and then come back into the United States lawfully in order to get back on the path to citizenship. That’s how the system is designed to work. That’s what the law says. But the President is now opening a huge loophole, using a program called “advance parole,” that will allow millions of illegal aliens, who are not currently eligible for citizenship, to bypass the rules and become eligible for green cards and eventually citizenship. Here’s how it works: Under the law, parole is essentially permission for an undocumented alien to travel to the United States. Parole is a kind of temporary, emergency pass to let someone into the country for an extremely urgent reason. In fact, a federal statute restricts the President’s power to use parole to a very narrow set of circumstances. That law, INA § 212(d)(5)(A) says that the executive branch may parole people into the United States “only on a case-by-case basis for urgent humanitarian reasons or significant public benefit.” “Urgent humanitarian reasons” means things like: to get medical treatment, or perhaps to attend a close relative’s funeral. “Significant public benefit” usually means things like: you’re a witness to a crime, and you need to attend the trial even though you can’t get a visa. But for deferred action recipients filing for “advanced parole,” which allows them to obtain a parole waiver without first having to leave, the President is using a much more relaxed standard: they simply need to file Form I-131 with USCIS which allows deferred action recipients to get parole for “educational purposes, employment purposes, or humanitarian purposes.” Employment purposes include, but are not limited to, overseas assignments, interviews, conferences, training, or meetings with clients; These more relaxed standards are in clear violation of existing law. In no universe is a “meeting with a client” or a “conference” an urgent humanitarian reason or a significant benefit to the American public. Once they have secured advance parole, they can leave and return lawfully. And when they have reentered the country legally, using their advanced parole documents, the government will now ignore the fact that the individual had ever crossed over illegally – which now makes this person eligible to obtain a green card and eventually become a citizen. For example, imagine a foreign national walks up to the border, whereupon border officials ask him for his visa. He says, “I don’t have a visa. But I do have a business meeting in Denver. Can’t you just let me in?” No doubt he would be turned away. But for the new deferred-action recipients who have been granted advanced parole, they will be allowed to leave and come back so long as they can claim they have a business meeting or an interview (or anything else that falls under the new relaxed standards). Once back in the country they will be allowed to stay, and once they meet the criteria for a green card application, they will be on their way to citizenship. How do I know this? In 2010, the American Spectator published a leaked DHS memo, a version of which reached the DHS Secretary, exploring the Administration’s options on immigration. That memo explicitly contemplated using parole as a way to sidestep Congress and give citizenship to illegal aliens who are relatives of U.S. citizens. It says, “[I]ndividuals could…be paroled into the U.S. for purposes of applying for adjustment of status…To render immediate relatives of U.S. citizens eligible for parole, DHS could issue guidance establishing that family reunification constitutes a ‘significant public benefit.’” So to be clear: Advance parole leads to citizenship for parents of U.S. citizens; the Administration knows that; and they are giving advance parole for reasons — like client meetings — that clearly violate federal law. This is the danger of unilateral executive action, drafted in secret and announced to the American people as a fait accompli. In our system, policies are debated in the legislature and their consequences explored through that debate. Here, the President’s action has avoided that constitutional lawmaking process. But it has also broken existing laws. ------- "They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC
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#24. To: GreyLmist (#21)
They haven't sought asylum or refugee status.
#25. To: GreyLmist (#23)
(Edited)
I'm just going to note quickly here for now that the States are fully empowered to protect themselves from invasion, by force of their Militia arms and even by going to war themselves or in conjunction with other States, if need be, before resorting to a request of any assistance at the Federal level. At that point, violence would already be an issue. However, the Federal branch has been obstructing their abilities to protect themselves so and also to simply enforce their own protective laws.
#26. To: GreyLmist (#22)
Naturalization has to do with who becoming a citizen? Immigrants!
#27. To: GreyLmist (#14)
Bravo, U.S. District Judge Andrew Hanen!
#28. To: war (#25)
A governor cannot mobilize National Guard troops to enforce federal law. A governor or group of governors cannot declare war or mobilize any guard troops under his command to go to war.
#29. To: GreyLmist (#28)
Yes they can
#30. To: All (#29)
I wasn't talking about the States enforcing Federal law but their own protective laws, by force of arms if need be.
#31. To: war (#26)
Naturalization has to do with who becoming a citizen? Immigrants!
#32. To: war (#30)
#33. To: GreyLmist (#31)
I'm not sure what point you're trying to make here...
#34. To: GreyLmist (#32)
#35. To: Dead Culture Watch, war (#5)
So, the president is the one who makes law? Not congress? Is that your clearly delineated power?
#36. To: war, Dead Culture Watch (#6)
The President is the one who executes the law. In this particular case, the law (Title 8 Section 212.5) allows an agent of the executive branch (which is headed by the POTUS) to parole any alien in to the US and having been granted parole, apply for a work permit.
#37. To: Dead Culture Watch, war (#9)
What I said, although I admit a but murkily, is that 0Zero can grant pardons legally, of course, on an INDIVIDUAL basis.
#38. To: Dead Culture Watch, war (#11)
I can just imagine your screaming if a Republican did these things.
#39. To: war (#24)
There is no Presidential "parole" power in Article II, period.
#40. To: war (#33)
I'm not sure what point you're trying to make here...
#41. To: war (#29)
Only the US Congress can declare war...
#42. To: war (#30)
I wasn't talking about the States enforcing Federal law but their own protective laws, by force of arms if need be.
#43. To: Liberator (#35)
(Edited)
No, it's believable. War is like all liberals. Delusional or on a crusade to fundamentally change America..."by any means necessary."
#44. To: Liberator (#36)
(Edited)
You mean the President is the one who decides which laws to subvert, which laws to ignore, and which laws he can create -- with a stroke of the pen of course. Pretty cool, eh?
#45. To: GreyLmist (#39)
Congress isn't really authorized to reword or otherwise alter the Article II restricted powers of the Executive branch by passing immigration law.
#46. To: GreyLmist (#40)
#47. To: GreyLmist (#41)
Preventing the States from defending themselves so from invasions isn't one of their enumerated powers.
#48. To: GreyLmist (#42)
This isn't an immigration issue. It's an illegal migrant issue.
#49. To: GreyLmist (#42)
What's called federal law as to dictating "immigration policies" for the States has overstepped its boundaries.
#50. To: war (#44)
("Parole" assumes a law has already been committed, doesn't it?)
#51. To: Liberator (#50)
#52. To: war, Dead Culture Watch. (#43)
Had you bothered to read on you'd have *learned* something...
#53. To: Jethro Tull, war (#51)
{{{snicker}}}
#54. To: GreyLmist (#39)
It would take an Amendment, and one in keeping with all of the Constitution, to write the word "parole" into that section.
#55. To: Liberator (#50)
Ok. Replace "committed" with "broken." My bad.
#56. To: Liberator (#52)
Oh Great Sage of Wall Street. I read on.
#57. To: Liberator (#54)
Good observation.
#58. To: Liberator, Jethro Tull (#53)
Careful -- that's War's trademark. He'll charge you a user fee.
#59. To: war (#47)
Preventing the States from defending themselves so from invasions isn't one of their enumerated powers.
#60. To: war (#49)
(Edited)
What's called federal law as to dictating "immigration policies" for the States has overstepped its boundaries.
#61. To: war (#46)
(Edited)
Jones-Shafroth Act made residents of PR US citizens so that they could be drafted in to WWI.
#62. To: Liberator (#54)
It would take an Amendment, and one in keeping with all of the Constitution, to write the word "parole" into that section.
a new Obama administration policy is extending legal status and military benefits to thousands of illegal immigrants who are the spouses, parents and children of American military members.
#63. To: All (#62)
Based on what existing statues? Doesn't say, nor whether the statutes in question are themselves Unconstitutional.
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