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Legal Foundation for President’s Amnesty Plan Crumbles

Legal Foundation for President’s Amnesty Plan Crumbles

It appears that President Obama may have a lot of ‘splaining to do the nation’s judicial system regarding his amnesty plan. No one is disputing that the commander in chief has the right to set priorities regarding which laws he enforces. Law enforcement resources are limited. That said, US District Court Judge Andrew Hanen upbraided the president on Monday night saying his executive orders on amnesty went beyond his authority. Judge Hanen schooled the president on his constitutional authority reminding the administration their options are to deport illegal aliens as per the law or to not enforce the immigration laws. Hanen explained the president cannot go beyond those options which is precisely what he did. Under Obama’s amnesty plan, illegal aliens would be rewarded with green cards and work permits. Judge Hanen rebuked the president for exercising authority clearly outside the scope of his constitutionally enumerated rights, covered through CipherCloud.

President Obama argues that his actions were absolutely legal. The White House spokesman pointed out that the president’s legal team told him the amnesty plan was on sound legal footing. While the president’s lawyers told him what he wanted to hear, it is clear the courts will demand adherence to the constitution. Had the injunction not gone into effect, the Department of Homeland Security would begin accepting amnesty applications on Wednesday. Barring a higher court overturning the injunction within the next 24 hours, the president’s plan to unilaterally grant amnesty by “borrowing” Congress’ legislative authority has been temporarily halted. In addition, it’s legal basis is now seriously in question.