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Obama's Royal Decree - Executive Amnesty for Illegal Aliens

July 3, 2016
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By Fred Elbel, Colorado Alliance for Immigration Reform

President Obama has unilaterally issued an executive amnesty to purportedly five million illegal aliens via Royal Decree.45,46 It was not a formal executive order, but rather a simple implementation of a series of DHS memos.48,50 Either a decree or an order of this magnitude would be a treasonous act in that it would subvert Constitutional intent and separation of powers as established by the Founding Fathers.

Fortunately, our Constitutional Republic does not consist of a dictatorial monarchy.

While open borders Republican elites may yap and holler about an amnesty decree,12 they covertly condone it, as it would remove the burden from their shoulders of having to grant amnesty via Congressional action - which is opposed by the vast majority of their constituents (meaning the American people, not rich corporate donors).

As Gibbons stated in Decline and Fall of the Roman Empire:

The incapacity of a weak and distracted government may often assume the appearance, and produce the effects, of a treasonable correspondence with the public enemy."

Obama's actions range from deliberate non-enforcement of immigration laws, to DACA via executive fiat, to granting amnesty to millions of illegal aliens. These are not the actions of a weak and distracted administration. Indeed, they are deliberate, calculated actions based on an explicit agenda of "fundamentally transforming the United States."

The result of executive amnesty will be millions upon millions of "immigrants" who are a net drain on the American tax base and who take jobs that over 18 million unemployed Americans would willingly take - at fair wages. And who vote Democratic - that is, for Obama's political party and its agenda.20,21

The amnesty of 1986 was clearly stated by Congress to be a "one time only" amnesty. Yet including the 1986 amnesty, Congress has passed a total of seven amnesties for illegal aliens. We know that amnesties overtly promote even more illegal immigration. It will become never-ending in the aftermath of an executive amnesty.

Amnesties which have originated in Congress and have been signed into law are legal and Constitutional. Amnesties via royal decree with the explicit objective of transforming the United States are not defensible according to Congressional intent.

The case for impeachment

The biggest problems that we're facing right now have to do with George Bush trying to bring more and more power into the executive branch and not go through Congress at all, and that's what I intend to reverse when I'm President of the United States of America.
Senator Barack Obama, March 31, 2008 (Townhall in Lancaster, PA, March 31, 2008.)

The threat of impeachment is the only viable check to executive amnesty - and then only if it could and would be undertaken.

Andrew C. McCarthy emphasizes that "Absent the credible threat of impeachment, Obama will pardon millions of illegal aliens." 1,2,3 He notes that:

...There is nothing wrong in principle with an executive order — no more than there is with a statute. Congressional laws are problematic only when they exceed Congress’s powers in violation of the Constitution. Same with executive orders: The president’s powers are broad, the executive branch through which he exercises them is extensive, and there is consequently nothing improper in his issuance of executive orders to manage the conduct of legitimate executive functions — just as there is nothing invalid in Congress’s enactment of statutes consistent with its capacious constitutional authorities or a court’s issuing rulings within its proper jurisdiction.

He continues:

The Constitution, in any event, enables a president to pardon federal “Offenses” — it does not say criminal offenses...

Thus, fully within his constitutional authority, President Obama could, right this minute and without any congressional approval, pardon every illegal alien in the United States — indeed, every illegal alien anywhere who has been deported after violating federal law. He could do it by executive order and, while outrageous and condemnable, it would indisputably be within his Article II power...

As I explain in Faithless Execution,2 while the Constitution grants much raw power to the president, it also constrains its exercise by placing limits on the legitimate uses of executive authority. A textbook example of illegitimate exercise of a legitimate power is Obama’s abuse of prosecutorial discretion...

Obama, however, has contorted prosecutorial discretion into a license to ignore, “waive,” rewrite, and otherwise violate congressional statutes — including laws such as the Affordable Care Act that are far afield from criminal-law enforcement. In sum, “prosecutorial discretion” has become the camouflage for Obama’s usurpation of the powers to write and conclusively interpret the law — powers the Constitution vests in Congress and the courts.

Conferral of Legal Status

McCarthy observes that:

Under the Constitution, the power to determine the qualifications for American citizenship is legislative... The president, however, has absolutely no authority to confer legal status or positive benefits (e.g., work permits) on aliens who are in the United States illegally. If the president attempts to do this by executive order — and, as Faithless Execution recounts, Obama has already done it, albeit on smaller scales than what is now being contemplated — that would patently exceed his authority, in violation of both the Constitution and statutory law....

If the president refuses to enforce the immigration laws and grants something close to a blanket amnesty, we will be on an inexorable course toward citizenship — and, crucially, voting rights — for millions of illegal aliens, also known as Democrats waiting to happen. It is the Left’s dream of a permanent, unassimilated, post-American governing majority...

McCarthy concludes:

...Impeachment is a political remedy, not a legal one. It is about the removal of political power because of breaches of the public trust, not legal prosecution and punishment. Indeed, the Framers considered narrowing the pardon power to prevent the president from granting amnesty for his own lawlessness; they opted against it precisely because they believed the specter of impeachment would be sufficient disincentive...

...the president’s pardon and prosecutorial power... exist in a constitutional framework wherein the president’s core duties are to execute the laws faithfully and preserve our system of government...

Obama’s stated goal is fundamental transformation of the nation, and a blanket amnesty would accomplish that. From his standpoint, it might be worth the risk. Plus, even if the amnesty suddenly ignited public sentiment for the president’s removal from office (a dubious supposition), nothing in Washington happens quickly. Obama would still have many months if not most of the rest of his term to abuse his awesome powers (including by issuing additional pardons) in transformational ways...

But I do know this: Absent a credible threat of impeachment, President Obama cannot and will not be stopped from granting amnesty to millions of illegal aliens, who will in short order be awarded citizenship and voting rights. You can call that a plea for impeachment if you’d like. I call it a statement of fact.

Peter Brimelow presents a similarly strong case for impeachment.4 He posits asks: '"Does the Administrative Amnesty 'rise to the level' of a 'Treason, Bribery, or other High crimes and Misdemeanors' as specified in Article Two, Section Four of the U.S, Constitution?" His answer is:

Yes. Some people are still under the misapprehension that impeachment is some sort of grand judicial proceeding, requiring police-court type evidence. It`s not: it`s a political act, like a vote of No Confidence in a Parliamentary system. It just hasn't happened much because the Executive Branch really was less aggressive, and judges really didn't legislate. Now it is and they do. So impeachments are inevitable...

He asks: "Why rock the boat? The GOP is going to win in 2014 anyway, impeachment will just rile up the Democrat base," responding with:

Impeachment would also galvanize the Republican base -which is, however unfashionable this may be on the Georgetown cocktail circuit, white America. Despite the best efforts of federal immigration policy, white America will be the largest pool of votes in US elections for a long time to come. And, as VDARE.com has repeatedly documented, the Republicans' post-Reagan problem is not failure of outreach to minorities, but failure of inreach to its base -thus white turnout was down in the last two Presidential elections, and the GOP's share of the white vote is disgracefully low...

In response to the statement that "The Democrats control the Senate and they won't vote to convict anyway," Brimelow responds:

A Senate trial would be intensely volatile - and that's very bad for Democrats. In effect, a vote against impeachment would be a vote for Amnesty, and for border dissolution.

"As our case is new, so we must think anew, and act anew." What is happening on America's southern border is not a "humanitarian crisis" - it is a scandal. It calls for outrage - and impeachment.

The issue of executive amnesty extends far beyond amnesty, citizenship, and voting rights for millions of illegal aliens - who will overwhelmingly vote for Obama's political party. It fundamentally challenges the framework of our Constitutional Republic. It must be addressed directly, forcefully, and immediately.

Article by Fred Elbel

 


References and more information

1. Amnesty and Impeachment - Absent the credible threat of impeachment, Obama will pardon millions of illegal aliens, by Andrew C. McCarthy, National Review Online, November 9, 2014.

2. The Point of Impeachment, by Andrew C. McCarthy, National Review Online, November 9, 2014.

3. Faithless Execution: Building the Political Case for Obama’s Impeachment, Andrew C McCarthy, 2014. ISBN-10: 1594037760; ISBN-13: 978-1594037764.

4. Obama's Border Dissolution Is Treason.The Answer Is Impeachment. It Would Work, Peter Brimelow, VDare, July 4, 2014.

5. The American People Have Spoken; President Obama’s Lawless Amnesty Must Be Stopped, Rep. Marsha Blackburn (R-TN), Breitbart, November 13, 2014.

6. Obama to announce 10-point immigration plan via exec action as early as next week, Fox News, November 13, 2014.

7. Immigration ‘reform’ by fiat would guarantee 2 years of gridlock, Washington Times, November 13, 2014.

8. Sheriffs to march in protest of Obama's executive action, Yahoo, November 12, 2014.

9. Executive Action for Long-Term Illegal Aliens? - Amnesty for aliens with criminal histories and/or recidivists risks public safety, Center for Immigration Studies, November 11, 2014.

10. Americans Are Rejecting Obama, But What Are They Voting FOR?, Patrick J. Buchanan, VDare, November 4, 2014

11. Amnesty is 2014's ObamaCare, Rick Manning, The Hill, November 3, 2014.

12. Gang of Eight Republicans Discourage Obama Against Executive Amnesty, Breitbart, October 31, 2014.

13. Non-citizen immigrants who voted in 2008 and 2010 may have swung elections, Fox News Latino, October 29, 2014.

14. Citizenship and Immigration Service Employees Plead: Don't Let Obama's 'Massive Unilateral Amnesty' Go Through, Breitbart, October 28, 2014.

15. President Obama to Unilaterally Increase Foreign Tech Workers, FAIR, October 21, 2014.

16. Obama Administration Quietly Prepares 'Surge' Of Millions Of New Immigrant IDs, Bloomberg, October 20, 2014.

17. 42 percent of new Medicaid signups are immigrants, their children, Examiner, November 13, 2014.

18. Impeachment Goes Mainstream, Breitbart, November 14, 2014.

19. A Vote for a Long-Term Budget Is a Vote for Amnesty, Mark Krikorian, National Review Online, November 13, 2014.

20. Gallup: Hispanics, Immigrant and Native-born, More likely to be Democrats, Breitbart, August 8, 2013.

21. Poll: Latino Illegal Immigrants Favor Dems 8-to-1, Breitbart, July 22, 2013.

22. No Impeachment for Obamnesty (Three Lessons), Arthur Christopher Schaper, Canada Free Press, November 16, 2014.

23. Video: Obama confirms executive amnesty is unconstitutional, video compilation of Presidential statements.

24. Looming Obamnesty Just A Symptom Of America’s Democidal Democracy, James Kirkpatrick, VDare, November 17, 2014.

25. Obama's Executive Amnesty Will Give Illegal Aliens Public Benefits, Breitbart, November 17, 2014. Read the full report: Executive Amnesty Will Give Illegal Aliens Taxpayer Funded Benefits, FAIR, November 17, 2014.

26. President Obama Knows His Amnesty and Work Permits Plan is Unconstitutional, NumbersUSA, November 18, 2014.

27. A White House mass pardon for identity thieves, Michelle Malkin, November 19, 2014.

28. Video: Five Times Obama Made His Case Against Executive Amnesty – And What He's Saying Now, Breitbart, November 19, 2014.

29. 22 Times President Obama Said He Couldn’t Ignore or Create His Own Immigration Law, November 19, 2014.

Speaker Boehner Quotes All 22 Times Obama Has Said He Could Not Do Exec. Amnesty, January 14, 2015.  

30. Why the President Will Go Through with His Threat to Act Unilaterally on Immigration Policy, Center for Immigration Studies, November 20, 2014.

31. Obama: Kneel Before Zod, Breitbart, November 21, 2014.

32. Three things that are illegal about Obama's immigration plan, Fox News, November 20, 2014.

33. WORK PERMITS banned from his speech tonight but not from the Obama amnesty. DECEPTION?, Roy Beck, NumbersUSA, November 21, 2014.

34. A Republic, If We Can Keep It: The Founders vs. 'Emperor Obama', Breitbart, November 21, 2014.

35. Top 10 Lies from Obama's Nullification Speech, Conservative Review, November 22, 2014.

36. Alinsky Does Amnesty, National Review Online, November 23, 2014.

37. How to Check the President, National Review Online, November 23, 2014.

38. Wow Our Democracy Works, National Review Online, November 23, 2014.

39. Obama’s Unprecedented Amnesty - The president’s planned executive action goes far beyond anything Reagan or Bush Sr. did, Mark Krikorian, Center for Immigration Studies, November 19, 2014.

Bush Precedent for Obama Amnesty? Not Even Close, Mark Krikorian, Center for Immigration Studies, November 19, 2014.

40. Alien Tidal Wave Now Assured, Canada Free Press, November 23, 2014.

41. America Has Been Warned: Edward Gibbon’s The Decline and Fall of the Roman Empire, Breitbart, November 22, 2014.

42. Robert Rector: Amnestied Illegal Immigrants to Cost Taxpayers $2 Trillion Over Their Lifetime, Breitbart, November 24, 2014.

43. Illegal aliens could receive Social Security, Medicare under Obama action, Washington Post, November 26, 2014.

44. Congressional Research Service: Congress Has Power to Block Funding for Obama's Executive Amnesty, Breitbart, November 26, 2014.

45. Immigration Accountability Executive Action, The White House, November 20, 2014.
(The amnesty decree is not termed an "Executive Order".)

46. Executive Action for Immigration, Canada Free Press, November 26, 2014.

47. Obamacare offers firms $3,000 incentive to hire illegals over native-born workers, Washington Times, November 25, 2014.

48. "Executive Order" vs. "Executive Action"

Actual Executive Orders, The White House. There is no mention of a November 21, 2014 Executive Order on Amnesty.

Executive Order, Legal Dictionary by Farlex:

A presidential policy directive that implements or interprets a federal statute, a constitutional provision, or a treaty...
Executive orders do not require congressional approval...

Executive Action, Legal Dictionary by Farlex:

Executive Action is a term used by the Central Intelligence Agency starting in the early 1950s to refer to assassination operations.

Executive Order vs. Executive Action and Media Hypocrisy, National Review, January 17, 2013:

The MSM, however, is using "executive order" as a replacement for "executive action," which gives the reader the impression that the president has done more than he really has.

Executive Actions Versus Executive Orders - Definition of Executive Actions and List of Examples, US Politics - About.com:

Executive actions are any informal proposals or moves by the president. The term executive action itself is vague and can be used to describe almost anything the president calls on Congress or his administration to do. But most executive actions carry no legal weight. Those that do actually set policy can be invalidated by the courts or undone by legislation passed by Congress.
The terms executive action and executive order are not interchangeable. Executive orders are legally binding and published in the Federal Register, though they also can be reversed by the courts and Congress...
Presidents favor the use of nonbinding executive actions when the issue is controversial or sensitive.

49. Obama's immigration plan isn't worth the paper it's printed on, The Hill, November 21, 2014.

50. Fixing Our Broken Immigration System Through Executive Action - Key Facts, Department of Homeland Security, November 21, 2014.

This collection of memos embodies Obama's November 21, 2014 amnesty proclamation.

Also see:

Executive Actions on Immigration, U.S. Citizenship and Immigration Services, updated November 24, 2014.

How to Seek Prosecutorial Discretion from ICE, ICE, Department of Homeland Security, updated circa November 24, 2014.

51. Obama's Decrees Establish an Unconstitutional Alternative Immigration System, Center for Immigration Studies, November, 2014.

52. 2014 Executive Action Amnesty - collection of research and articles, Center for Immigration Studies, December, 2014.

53. Court ruling challenges Obama immigration action, Watchdog.org, December 2, 2014.

54. Collateral Damage: President's New Enforcement 'Priorities' Allow Criminals to Evade the Law, House Judiciary Committee, December 2, 2014.

55 Don't be Grubered by Boehner's Amnesty Plan, David Horowitz, Conservative Review, December 3, 2014.

Sessions: Congress Must Deny Funding For Obama’s Illegal Amnesty And Work Authorization, Senator Jeff Sessions (R-AL), December 2, 2014.

Boehner Negotiates Terms of Surrender to King Barack's Executive Amnesty, Breitbart, November 21, 2014.

Boehner Crafts Surrender Plan on Obama Executive Amnesty, Breitbart, December 3, 2014.

56. 17 States File Lawsuit Challenging Executive Amnesty, Breitbart, December 3, 2014.

Seven More States Join Suit Against Obama's Amnesty Bringing Total To 24, Breitbart, December 11, 2014.

57. An amnesty plan fit for an emperor, not America, Dan Stein, Fair, Washington Times, December 2, 2014.

58. Amnesty shocker! The secret behind Obama's 'order' - President accused of 'sleight of hand' to protect self from impeachment, World Net Daily, December 3, 2014.

59. Obama immigration chief says amnesty designed to cement illegals place in society, Washington Times, December 12, 2014.

60. Boehner Omnibus Gives Social Security Benefits to Illegal Aliens Under Obama Amnesty, Breitbart, December 11, 2014.

61. With Obama's Help, House Passes Boehner's Amnesty-Funding Cromnibus Bill, Breitbart, December 12, 2014.

Final Vote Results for Roll Call 563 on H.R. 83, U.S. House of Representatives, December 11, 2014.

The 67 House Republicans Who Voted Against The $1.1 Trillion Cromnibus Spending Bill, Breitbart, December 12, 2014.

Conservatives Express Anger That Amnesty Not Defunded In Omnibus - The Fix Is In,  Breitbart, December 11, 2014.

62. District Court Judge Rules Executive Amnesty Unconstitutional, Breitbart, December 16, 2014.

District court declares Obama immigration action unconstitutional, Washington Post, December 16, 2014.

Read the actual legal opinion - US District Court - USA vs Escobar, December 16, 2014.

63. Republican Amnesty: In Lies We Trust, Lawrence Sellin, Western Journalism.

64. U.S. judge throws out Arizona sheriff's immigration suit against Obama, Yahoo, December 24, 2014.

65. Obama amnesty creates loophole for illegal immigrants to vote in elections, Washington Times, February 13, 2015.

66. Timeline: How the Obama Administration Bypassed Congress to Dismantle Immigration Enforcement, Senator Jeff Sessions (R-AL), as published on Breitbart, February 16, 2015.

67. Texas Federal Court Issues Injunction to Stop Obama’s Executive Amnesty, Breitbart, February 17, 2015. Read the full Memorandum Opinion And Order - Texas v. United States, U.S. District Court, February 16, 2014.

68. Did Congress Really Give the Secretary of Homeland Security Unfettered Discretion Back in 1986 to Confer Legal Immigrant Status on Whomever He Wishes?, By John C. Eastman, The Federalist Society, Engage Volume 15, Issue 3, January 14, 2015.

69. There Is No Executive Order for Amnesty! It Is Far Worse, Rick Oltman, The Social Contract, Winter, 2015.

70. Amnesty Beneficiaries Could Claim More Than $35K In Tax Benefits In First Year, Breitbart, February 25, 2015.

71. Boehner Caves on Amnesty: March 3, 2015 is day that will live in infamy, Fox News, March 4, 2015.

Here Are the 75 House Republicans Who Conceded the Immigration Fight, March 4, 2015.

72. Countering Executive Amnesty, Part 1, Center for Immigration Studies, March 1, 2015.

73. Obama Amnesty Plan: Legalize Foreigners, Take Over the Host, Push Citizens into the Shadows, Canada Free Press, March 5, 2015.

74.  Countering Executive Amnesty, Part 2 - Foundations of a counter strategy, Stanley Renshon, Center for Immigration Studies, April 2015.

75. 113 Members of Congress File Legal Brief Against Obama’s Executive Immigration Action, Breitbart, May 12, 2015.

76. 5th Circuit Rules in Favor of Texas, Blocking Obama’s Unilateral Amnesty, John Feere, Center for Immigration Studies, May 26, 2015.

77. Defeat: Obama Won’t Take Executive Amnesty Fight To The Supreme Court, Breitbart, May 28, 2015.

78. Fifth Circuit Court Ruling: A Victory—But Patriots Must Make Immigration An Election Issue, John Reid, VDare, May 31, 2015.

80. Appeals court rules against Obama immigration plan, Fox News, November 10, 2015.

81. Obama actions shield most illegals from deportation even as courts stall amnesty, Washington Post, November 19, 2015.

82. Obama’s Amnesty Plan Blocked by Supreme Court, Breitbart, June 23, 2016.