President Obama and his Administration are circumventing standing federal law on immigration. The process began with Memoranda issued in 2011 and 2012 by the U.S. Department of Homeland Security (DHS).
By possessing the same authority as Presidential Executive Orders, such Memos bypass the lawmaking authority of Congress. This serves to defer prosecution of illegal aliens, thereby delaying deportation proceedings.
For example, the Deferred Action for Childhood Arrivals (DACA) in 2012 issued a Memo, which not only stopped deportations of illegal alien youths, but granted them work permits.
The president now claims he was taken by surprise by the huge numbers of unaccompanied alien children which resulted. On this, he was not alone, for it has taken the national press years to finally acknowledge the numbers of these underage foreign nationals illegally flooding the country.
Subsequently, on December 13, 2013, U.S. District Judge Andrew S. Hanan, in the Brownsville Division of the U.S. District Court for the Southern District of Texas, issued a scathing opinion condemning the Department of Homeland Security (DHS) for aiding and abetting criminal gangs smuggling illegal aliens into the United States (See, U.S.A. v. Mirtha Veronica Nava-Martinez— Criminal No. B-13-441-1).
Ms. Nava-Martinez, the defendant, was part of a conspiracy to smuggle children into the United States, a conspiracy charging at least $8,500 per person. Her case involved smuggling a 10-year-old El Salvadorean female, posing as her daughter, across the U.S.-Mexican border at Brownsville, Texas. The defendant, a resident alien, used the birth certificate of her own anchor baby for the El Salvadorean child.
The court wrote that the DHS, after arresting Ms Nava-Martinez, then aided and abetted her and her co-conspirators by flying the Salvadorean child to her illegal-alien relatives in Virginia. Also, according to the court, “The DHS, instead of enforcing our border security laws, actually assisted the criminal conspiracy in achieving its goals. The Government’s actions were not done in connection with a sting operation or a controlled delivery situation.”
The DHS directly acted as part of this conspiracy. The judge noted that the surge in unaccompanied children illegally entering the country increased from 2010 to 2012 by 81 percent to 33,424 — in Texas alone. In concluding its opinion, the court declared, “DHS should enforce the laws — not break them.”
The national press willfully ignored the Court opinion.
DHS blatantly breaks U.S. immigration law.
The website Philly.Com. reported that FactCheck.Org. verified as true that DHS put out for bid, a federal contract on January 29, 2014, to transport about 65,000 foreign children from Central America within the United States for the last part of FY 2014.
President Obama is threatening several actions — more executive orders circumventing current U.S. immigration law and/or granting amnesty to illegal aliens, absent congressional input and/or authorizing granting of refugee status for safety reasons to Central Americans. Safety reasons alone do not qualify for either refugee or asylum status.
The President may raise the legal immigrant quotas for various countries and then push applicants by illegals to the front of the legal line.
The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 states that children from non-contiguous countries, but only those children who are victims of sex trafficking, and who are intercepted in the U.S., will be granted deportation hearings, meaning the children will never be deported. Today this Act is being applied to undocumented children crossing the Texas-Mexico border, children who are not victims of sex trafficking — though they may be victims of sexual abuse.
Sen. John Cornyn, R-Texas, and Congressman Henry Cuellar, D-Texas have introduced the Helping Unaccompanied Minors and Alleviating National Emergency Act (HUMANE) to permit the immediate return of unaccompanied minors to their homelands after an expedited hearing.
Look for Senate Majority leader Harry Reid, D-Nev. to exercise his usual pocket veto — refusing to allow the bill to be heard.
President Obama and his administration have not been honest with the American people regarding immigration. He repeatedly blames the Republicans for failure to act on immigration, even as they pass incremental immigration bills, which Senator Reid then pockets. The national press plays along with the President blaming Congress (meaning House Republicans) for inaction, while ignoring the pocket vetoes by Sen. Reid.
During the Obama years, the U.S.-Mexican border is not secure. Central American children are not the only border crashers. Among the undocumented foreign nationals of all ages crashing the border are Islamic terrorists who have been fighting as jihadists in Afghanistan, Iraq, Pakistan, Somalia, and Syria.
They choose to enter the U.S. across the porous southern border, while the
Obama administration chooses to look the other way.
Our President should enforce the nation’s immigration laws — not break them.
James H. Walsh was associate general counsel with the U.S. Department of Justice Immigration and Naturalization Service from 1983 to 1994. Read more reports from James Walsh — Click Here Now.
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