Professors: Obama Violating Constitution by Not Deporting Illegals

Saturday, 13 Oct 2012 12:49 PM

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President Barack Obama violated the Constitution when he gave a directive to law enforcement agencies to stand down on deporting illegal immigrants, according to two law professors who have written a paper outlining their views.

One of the professors, John Yoo, served in the Bush Justice Department
as a U.S. deputy assistant attorney general and is a law professor at the
University of California at Berkeley. He teamed up with Robert Delahunty of the University of St. Thomas [Minnesota] to write a paper titled, “The Obama Administration, the Dream Act and the Take Care Clause.”

In the paper, the professors say it is not a matter of prosecutorial
discretion as to whether to deport illegal immigrants who are arrested
for minor infractions, Fox News reported.

“If there’s one case and it’s left to the prosecutor well that’s fine, but what Obama did was take a million cases and leave it up to prosecutorial discretion," Yoo told FoxNews.com. “The only reason it’s under [Department of Homeland Security Secretary] Janet Napolitano’s discretion is because Obama had made his decision. If she’s doing it under her own, she would have to be fired.”

“It’s the duty of the president. He must always uphold the law,” Yoo added.

Homeland Security spokesman Peter Boogaard responded, “The authority of the Secretary of Homeland Security to exercise prosecutorial discretion, including by granting deferred action, has long been established and has been recognized by the Supreme Court." He cited the Arizona case before the court this year.

“That said, DHS’s deferred action for childhood arrivals process is only a temporary measure that does not provide a path to citizenship," Boogaard added. "Congress must still act to provide a permanent solution to fix the broken immigration system.

"Until Congress acts, DHS is dedicated to implementing smart, effective reforms to the immigration system that allow it to focus its resources on common sense enforcement priorities, including criminals and other public safety threats."

In June, Obama announced that his administration would no longer
deport young, undocumented law-abiding immigrants who go to college or join the military.

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