Seven years after Obama acted without due consideration for the rule of law, it is time for an honest and open discussion about what giving a pass to millions of illegal immigrants would mean.
By Robert Law
In addition to labor market harms, the court also found that DACA recipients are fiscal drains on healthcare, education, and social services offered by the state, citing the Biden administration’s own expert witnesses.
THE PLATFORM OF THE GLOBALIST DEMOCRAT PARTY IS ILLEGALS FIRST, GRINGOS PAY!
Federal Judge Halts Unlawful DACA Scam
Welcome news that is nearly a decade late.
Tue Jul 27, 2021
I refer to DACA (Deferred Action- Childhood Arrival) as a scam because while it was foisted on Americans as program to provide legal protection to young aliens, in reality it enabled aliens in their mid to late thirties to acquire lawful status. We will explore the true nature and background of DACA shorty, but first there has been an important development with this program.
On July 19, 2021 the New York Times reported, Judge Rules DACA Is Unlawful and Suspends Applications
That news report included this excerpt:
The judge, Andrew S. Hanen of the United States District Court in Houston, said President Barack Obama exceeded his authority when he created the program, Deferred Action for Childhood Arrivals, by executive action in 2012.
But the judge wrote that current program recipients would not be immediately affected, and that the federal government should not “take any immigration, deportation or criminal action” against them that it “would not otherwise take.”
The New York Times article went on to note, in part:
Judge Hanen, who was appointed by President George W. Bush, ruled that the creation of the program violated the Administrative Procedure Act, in part because comment from the general public was never sought. “D.H.S. failed to engage in the statutorily mandated process,” he wrote, “so DACA never gained status as a legally binding policy that could impose duties or obligations.”
Now let’s delve into the background behind the creation of the DACA con game by President Obama.
On June 15, 2012 then-President Barack Obama announced, during a Rose Garden event at the White House, that he was going to create the DACA program to provide temporary lawful status for what he claimed were young “undocumented immigrants.” DACA is an acronym for Deferred Action- Childhood Arrivals.
On June 17, 2012 Fox News published my Op-Ed Obama Invokes Prosecutorial Discretion to Circumvent Constitution and Congress that took Mr. Obama’s bogus claims to task.
To begin with, Mr. Obama claimed that he was exercising “prosecutorial discretion” to create DACA. Prosecutorial discretion is a valid concept whereby the limited resources for law enforcement are used to address more serious problems while intentionally ignoring relatively minor law violations.
However, prosecutorial discretion could never be reasonably used to provide lawful status to law violators under the guise of making effective use of limited resources. Providing lawful status to illegal aliens should require legislation and such a program would create additional burdens that squander and not make effective use of limited resources.
Therefore I noted in my Fox News commentary that Obama was not using prosecutorial discretion but was, instead, using prosecutorial deception!
The notion of “Deferred Action” was one that was used by the former INS and the subsequent follow-on immigration agencies of the DHS (Department of Homeland Security) on a limited, case-by-case basis for humanitarian purposes.
If, for instance, a family from another country was visiting in the United States and a family member was injured or fell ill with a serious injury or illness, Deferred Action would permit the family to remain in the United States for as long a period as necessary, as attested to by their attending physician(s). Immigration authorities would require that their doctors provide periodic updates until the alien was well enough to travel back to their home country.
The action that was deferred was the requirement that aliens depart from the United States.
Deferred Action was never meant to be used to act as a stop-gap in anticipation of pending amnesty for huge numbers of illegal aliens to enable them remain in the United States.
Obama justified creating DACA because he falsely claimed, “Congress failed to act.”
In reality Congress had acted and, indeed, acted in accordance with the Constitution. It is just that Congress did not act the way Obama wanted when it it voted to not enact the DREAM Act. (DREAM Act is an acronym for Development, Relief and Education for Alien Minors) that would have provided lawful status for millions of illegal aliens who claimed to have entered the United States prior to their 15th birthday- however, these aliens could be as old as 35 yeas of age when they made their applications.
I am compelled to note the hypocrisy in the name of that failed legislative action. The term “Alien” has come to be reviled by the open borders / immigration anarchists, even though the term alien is defined by the Immigration and Nationality Act as simply being, “Any person, not a citizen or national of the United States.” However, apparently when the term alien was essential to creating the acronym that conjured up the image of the “American Dream” the supposedly dastardly term “alien” became palatable.
The actual purpose for the DREAM Act and for DACA was to dupe kind-hearted Americans into believing that this was about helping children. In reality, this was not about children but about flooding Ameria with huge numbers of aliens for political purposes and to enrich those who profit from massive immigration and provide huge campaign contributions to politicians who do their bidding
The immigration system has morphed into a delivery system that, as I have noted in the past, provides an unlimited supply of clients for immigration law firms. There is no shortage of immigration lawyers among the ranks of politicians from both parties and on all levels of government- particularly the U.S. Congress.
Among those who also benefit from this “immigration delivery system” are companies that want cheap and exploitable labor, religious organizations that want to fill the seats in their houses of worship, the U.S. Chamber of Commerce, labor unions that seek to increase their membership so that they get more money (union dues) and increased political leverage.
As more aliens flood into the United States housing becomes scarce and the price of housing increases. Banks make more money as the size of mortgages increase as the cost of housing goes up. This causes homelessness to increase as more Americans lose their jobs to foreign workers or suffer wage suppression even as the cost of housing soars.
Fraud would permeate this program because there would be no way to interview all of these aliens and no way to conduct field investigations to determine if the information contained in their applications was accurate and truthful. The 9/11 Commission, in point of fact, identified immigration fraud as a key vulnerability that was repeatedly exploited by terrorists to enter the United States and embed themselves. This nexus between immigration fraud and terrorism and national security was the predication of my article, Immigration Fraud: Lies That Kill.
The DREAM Act legislation, incidentally, followed on the heels of a prior failed piece of legislation, Comprehensive Immigration Reform. Comprehensive Immigration Reform is still on the agenda for leaders of both parties. There would be no age cut off for Comprehensive Immigration Reform, only a requirement that the aliens who participate would have entered the United States prior to a cutoff date. Again, the inability to interview so many aliens or conduct field investigations would enable aliens to easily misrepresent their dates of entry into the United States as it would be for them to misrepresent their true identities and potentially their criminal histories and/or affiliation with criminal or terrorist organizations.
These concerns caused me to write an Op-Ed for the Washington Times that was published on June 22, 2007, Immigration bill a ‘No Go’, in which I proposed changing the name of the legislation from Comprehensive Immigration Reform to “The Terrorist Assistance and Facilitation Act.”
The hotly contested bill was being debated in the U.S. Senate at the time and then-Senator Jeff Sessions quoted my article during the floor debate on three separate days and sent me a certificate in which he attributed my article, in part, to his successful efforts to block that wrong-headed and dangerous bill back then.
We will give the “last word” to none other than former President Obama.
On November 18, 2014 the Washington Post published a report, Obama’s royal flip-flop on using executive action on illegal immigration that included this excerpt:
With respect to the notion that I can just suspend deportations through executive order, that’s just not the case, because there are laws on the books that Congress has passed — and I know that everybody here at Bell is studying hard so you know that we’ve got three branches of government. Congress passes the law. The executive branch’s job is to enforce and implement those laws. And then the judiciary has to interpret the laws.
There are enough laws on the books by Congress that are very clear in terms of how we have to enforce our immigration system that for me to simply through executive order ignore those congressional mandates would not conform with my appropriate role as President.
More Than 100,000 DACA Applicants Have Been Arrested—Murder, Rape, DUI
Judicial Watch Corruption Chronicles, November 19, 2019
https://www.judicialwatch.org/corruption-chronicles/more-than-100000-daca-applicants-have-been-arrested-murder-rape-dui/
Left tries to debunk reality of criminals in DACA but hard facts tell a scary story
The left is going into full open-borders mode now, arguing that any illegal with a DACA pass to prevent deportation is a sweet little daisy. The craziness started in response to this tweet by President Trump who noted that DACA was loaded with hardened criminals.
"We rate Trump's claim False," sniffed Politifact, always ignoring the actual facts in favor of its own politicized ones.
Now it comes to light that the leftist spin-blather was much worse than anyone imagined.
According to newly released data from the U.S. Citizen and Immigration Service, there are tens of thousands of thugs and criminals among the DACA recipient pool and worse still, there's not a thing the government can do to get rid of them.
WASHINGTON—Today, U.S. Citizenship and Immigration Services (USCIS) updated data (PDF, 756 KB) on arrests and apprehensions of illegal aliens who requested Deferred Action for Childhood Arrivals (DACA).
The release of this report reflects the agency’s ongoing focus on transparency. The report provides updated information on known arrests and apprehensions of DACA requestors. The data may include arrests that did not result in convictions or where the charges were dropped or otherwise dismissed.
Among the findings of the release are the following:
· Nearly 110,000 DACA requestors out of nearly 889,000 (12%) had arrest records. Offenses in these arrest records include assault, battery, rape, murder and driving under the influence.
· Of approved DACA requestors with an arrest, 85% (67,861) of them were arrested or apprehended before their most recent DACA approval.
· Of approved DACA requestors with an arrest, more than 31% (24,898) of them had more than one arrest.
· Of all DACA requestors, 218 had more than 10 arrests. Of those, 54 had a DACA case status of “approved” as of October 2019.
“As DACA continues to be the subject of both public discourse and ongoing litigation, USCIS remains committed to ensuring transparency and that the American people are informed about those receiving DACA,” said USCIS Acting Director Ken Cuccinelli. “This agency is obligated to continue accepting DACA requests from illegal aliens as a direct result of the previous administration’s decision to circumvent the laws as passed by Congress. We hope this data provides a better sense of the reality of those granted the privilege of a temporary deferral of removal action and work authorization under DACA.”
Under current DACA guidelines, illegal aliens may be considered for DACA if they have not been convicted of a felony, significant misdemeanor, or three or more “non-significant” misdemeanors not arising out of the same act, omission or scheme of misconduct, and they do not otherwise pose a threat to national security or public safety. The number of arrests illegal aliens have do not necessarily disqualify them from receiving DACA as a matter of discretion.
Some 218 of these creeps had ten or more arrests? And if they were operating in a city like San Francisco, where "quality of life" crimes such as peeing in doorways or spraying graffiti on someone's siding are not prosecuted, you can bet that those arrests would have brought convictions otherwise that were so desperately deserved. We also know that if they had committed these crimes and got put before a leftist judge, and told the leftist that any conviction would have affected their DACA status, they also got off scot-free. Leftist judges have been excusing these criminals from day one. Politifact makes a big deal about arrests that never led to convictions but we all know how these blue cities work.
And the stats are really bad actually.
Twelve percent of these people had arrest records? Of stuff like assault, rape, murder, and drunk driving? How much of the general population has arrest records like that? Statistics differ, but a Google search shows it's generally nowhere near that high and it certainly wouldn't include crimes like the ones the DACA kids bear. For the U.S. population, it's closer to the 10% range at most and that 10% would include the nation's abundant illegal immigrants who aren't DACA recipients, whom we know, already are overrepesented in U.S. jails and prisons.
And some 10,000 of them had arrest records that came after their DACA approvals? One can infer that from the before-DACA and after-DACA arrest records. Obviously, some of these creeps have taken the DACA approval itself as a license to go on a crime spree.
It's bad out there, and it lays out well why DACA, an Obama-era executive order that was signed by President Obama after assorted amnesties failed in Congress, and solely for the purpose of winning the Latino vote in 2012, really needs to be thrown out. It's a shelter for criminals who would never been allowed into the U.S. were they to apply to get in legally. There may be a case for allowing some children of illegals into the country, but DACA is exceptionally ineffective at sorting out the good kids from the disgusting criminals and for that the whole thing needs to be thrown out.
It just shows why the Supreme Court should rule to end that program now.
A DACA amnesty would put more citizen children of illegal aliens — known as “anchor babies” — on federal welfare, as Breitbart News reported, while American taxpayers would be left potentially with a $26 billion bill.
Now is the Time for a Full and Transparent Debate About DACA
Last weekend, U.S. Citizenship and Immigration Services (USCIS), released updated statistics which showed nearly 80,000 – or 10 percent – of Deferred Action for Childhood Arrivals (DACA) participants had been arrested on charges ranging from DUI and immigration violations to rape and battery.
The data further showed that of nearly 110,000 DACA requestors (out of 889,000) who had an arrest, 85 percent had been arrested before their most recent DACA approval, and more than 31 percent of that same cohort had more than one arrest.
As the USCIS acknowledged in its statement, the report includes arrests, including some which “did not result in convictions or where the charges were dropped or otherwise dismissed.” Defenders of DACA tried to dismiss the findings because the report included arrests, not convictions.
The report, asserted the Cato Institute’s Alex Nowrasteh, “also does not provide the comparable arrest rates for other populations, giving the false impression that that is a high number of arrests for such a small population.” He then tried to use the data to make a “back of the envelope” case that the arrest rate for “U.S. residents” is actually higher.
Contrary to critics’ claims of ulterior motives, Acting USCIS Secretary Ken Cuccinelli said the release was an effort to demonstrate “transparency” about the program and its participants because it remains a “subject of both public discourse and ongoing litigation.”
Transparency is an imperative as the nation moves forward to tackle the fallout from President Obama’s constitutionally-questionable decision to create a program that many observers now believe the Supreme Court will allow to be dismantled. With a court ruling not expected until next spring, Democrats in Congress already are calling for the Senate to move on legislation to grant amnesty to the 700,000 DACA beneficiaries and other illegal immigrants who came to the U.S. as children.
Transparency is required if lawmakers are seriously considering giving 1.8 million illegal aliens amnesty – and possibly their parents too. And that means being transparent about some of the myths that surround DACA, including that they are all future brain surgeons, teachers of the year, and scientists. Some most certainly are on the path to success. But others have been removed from the program due to gang membership and, as the report shows, some for far more serious crimes.
The USCIS report is also relevant because, as many choose to ignore, DACA was never an actual program. It was, in the words of Obama Homeland Security Department Secretary Janet Napolitano “an exercise of our prosecutorial discretion” for an entire class of people who “lacked the intent” to violate the Nation’s immigration laws.
If members of Congress want to decline to prosecute our immigration laws, they owe the public equal transparency about the consequences of shielding an entire class of people from enforcement. And why other classes of individuals, such as low-level criminal offenses or DUI arrests (since advocates deem this a minor crime) should not also be subject to similar “discretion.”
Seven years after Obama acted without due consideration for the rule of law, it is time for an honest and open discussion about what giving a pass to millions of illegal immigrants would mean.
Meet the 'American Students Last' Lobby
Who is funding the militant illegal immigrant youth army of thousands of entitled "Dreamers" that marched to Washington, D.C., for the Supreme Court hearing this week on President Barack Obama's unconstitutional amnesty program?
Follow the money; find the truth. I've got the "Open Borders Inc." breakdown for you of so-called DACA financiers and enablers on both sides of the political spectrum. Call them what they are: the "American Students Last" lobby.
Let's start with Charles Koch. The libertarian billionaire has thrown his weight and fortune behind an amnesty brigade called the LIBRE Initiative. While the establishment right purports to oppose identity politics, LIBRE wraps itself in the mantle of "empowering Hispanics" to "advance liberty" and "prosperity." Koch has poured more than $10 million into the ethnocentric group since 2011 under the slogan "Limited Government. Unlimited Opportunity."
Translation: driver's licenses for illegal immigrants, in-state tuition discounts for illegal immigrant students and securing a Congressional deal to codify the Obama administration's blanket deportation shields and work permits for 800,000 illegal immigrant students if the Supreme Court strikes the deal down.
Koch operatives send out weekly press releases urging Congress to "Protect Dreamers Now," "Achieve a permanent solution for Dreamers" (hint: It's not deportation), and "act promptly on relief for Dreamers." Along with the Koch-funded Americans for Prosperity, LIBRE sponsored a "pop-up art exhibit" propagandizing the benefits of illegal immigrant Dreamers to coincide with their march on Washington on Tuesday.
Next up: the U.S. Chamber of Commerce. The Big Business lobbyists for cheap labor have prioritized illegal immigrant amnesty legislation since 2014, when the Chamber dumped $50 million to protect border-jumpers from deportation and win them employment authorization documents. "Stripping DACA recipients of their ability to legally live and work in the country will harm them," the D.C. fat cats lamented this week.
Then there's Facebook. All week long, young users of the Silicon Valley giant's Instagram app have been fed heart-tugging ads highlighting Dreamer families and their activist sisters and brothers, including the George Soros-funded street demonstrators of United We Dream, Make the Road New York and CASA de Maryland. Facebook's lobbying arm, FWD.us, disseminated a letter from 10 of its illegal immigrant Dreamer employees "in solidarity with" all immigrants living and working here in violation of our laws. FWD.us has shelled out $430,000 on immigration lobbying this year alone.
Open borders Catholic Church elites have had a busy "illegal immigrants first" month so far. The Vatican and bishops' conference spend hundreds of millions of donations on illegal immigrant shelters, legal teams for dubious asylum claimants, and community organizing activities promoting sanctuary policies and profiting off the backs of border-trespassers, who in turn enrich smuggling rings and drug cartels. The NETWORK Lobby for Catholic Social Justice marched from New York City to D.C. with DACA recipients, according to the group's press secretary Lee Morrow (who makes sure to let Catholic colleagues and journalists know that his pronouns are "he/him"). Leaders of the U.S. Conference of Catholic Bishops convened masses at the border to condemn patriots who use the accurate term "invasion" to describe the violent siege in the Southwest. Archbishop Jose Gomez of Los Angeles pledged that "we will never abandon you" and enlisted American churchgoers to pray for illegal immigrant families.
Such virtue-signaling gestures have never been extended to American families permanently separated from their children and grandchildren because of criminal-coddling sanctuary policies and porous fences, of course.
Microsoft and Princeton University jointly filed the Supreme Court briefs on behalf of Dreamers suing for the right to stay here illegally. Princeton also lobbied on Capitol Hill to extend the endless "temporary protected status" and work permits of 300,000 low-wage workers from Central America. Microsoft has punched American students twice in the gut, leading the charge not only for a massive pipeline of illegal immigrant youths but also for millions of H-1B and F-1 foreign student visa holders.
Even The New York Times now acknowledges the obvious reason Democrats are throwing American youth under the bus: mass uncontrolled immigration both legal and illegal is turning America radically blue. But what about Beltway Republicans and establishment Swamp conservative think tanks and college groups? Where is the defense of American students fighting to make a decent living while competing with unrelenting floods of foreign workers at both ends of the wage scale?
Turning Point USA's Charlie Kirk blithely advocates stapling green cards to foreign student diplomas and his speakers have shouted down America First students as racists and losers for challenging the donor class on demographic realities. (Who needs SPLC smear merchants with "friends" like these?) Shamefully, no right-leaning groups bothered to muster up their own army of American students to counter the Koch-Soros-Silicon Valley-Vatican-backed hordes on the Mexifornicated steps of the U.S. Supreme Court. The job of combating the American Students Last lobby has been left to anti-establishment outsiders -- Proud Boys, Groypers, displaced U.S. tech workers and other dissidents unmasking Open Borders Inc.'s controlled opposition. On Tuesday, I was called a "Nazi" by a young GOP operative for supporting American students first.
Keep shooting the messengers, civilizational
suicide squad clowns. If the goal is to make
America disappear, you're winning.
Michelle Malkin 's email address is MichelleMalkinInvestigates@protonmail.com.
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