(CNSNews.com) - When asked where in the Constitution the Executive Branch is given the authority to grant illegal aliens work permits, House Minority Whip Steny Hoyer (D-Md.) did not answer directly, saying “I didn’t anticipate that question" and adding that he thinks administration prosecutors have "discretion" under the Constitution when it comes to immigration enforcement, and that it is therefore "appropriate"for the president to give work permits to some illegal aliens.
At a news briefing on Capitol Hill today, CNSNews.com asked Hoyer: “President Obama said Friday his administration would grant 'work authorization' to some illegal aliens, and I'm wondering where specifically does the Constitution authorize the Executive Branch to permit illegal aliens to work in the United States?”
The number-two House Democrat responded: “I think the -- I didn't anticipate that question in terms of having looked at it, but let me give you my best cut at it."
"The president of the United States has the responsibility to execute the laws of the United States," said Hoyer, "and what he has said is -- in terms of prosecutorial discretion -- that he wants to give these folks under three defined parameters an ability to have a two-year waiver, which could be re-applied for in order for them to continue to go to school and/or to work."
“I think that's appropriate, I think [that's in] the best interest of our country and that's why the president has taken that action," said Hoyer. "[And] in terms of prosecutors clearly have discretion in terms of what cases they're going to bring or not bring and I don't think anybody questions that under the Constitution."
Last Friday, President Obama announced that “effective immediately,” without any congressional action, the Department of Homeland Security would “lift the shadow of deportation” from hundreds of thousands of illegal aliens between the ages of 16 and 30 who have been in the United States at least five years and meet other criteria.
“Over the next few months, eligible individuals who do not present a risk to national security or public safety will be able to request temporary relief from deportation proceedings and apply for work authorizations,” Obama said.
Clause 1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
Clause 2: To borrow Money on the credit of the United States;
Clause 3: To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
Clause 4: To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
Clause 5: To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
Clause 6: To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
Clause 7: To establish Post Offices and post Roads;
Clause 8: To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
Clause 9: To constitute Tribunals inferior to the supreme Court;
Clause 10: To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
Clause 11: To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
Clause 12: To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
Clause 13: To provide and maintain a Navy;
Clause 14: To make Rules for the Government and Regulation of the land and naval Forces;
Clause 15: To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
Clause 16: To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
Clause 17: To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, byCession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And
Clause 18: To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
THE UNITED STATES CONSTITUTION
But in an interview with me just now, Mark Shurtleff, Utah’s conservative Republican attorney general, dismissed those objections, arguing the move was perfectly within Obama’s powers, good law enforcement policy, and even a “conservative” solution.
Republicans and conservatives have argued either that Obama did this by executive order or more broadly that ignoring Congress represents dictatorial rule by fiat. But Shurtleff rejected that view, noting that this decision was not made via executive order and that the administration has the discretion to decide whom to prosecute.
What is deferred action? Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Deferred action does not confer lawful status upon an individual. In addition, although an alien granted deferred action will not be considered to be accruing unlawful presence in the United States during the period deferred action is in effect, deferred action does not absolve individuals of any previous or subsequent periods of unlawful presence. Under existing regulations, an individual who has been granted deferred action is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate “an economic necessity for employment.” Deferred action can be terminated at any time at the agency’s discretion or renewed by the agency.
Originally posted by SWCCFAN Rule by decree is what dictators do, is it not?How is this any different?
Originally posted by Indigo5
reply to post by xuenchen
Hey Xue....so what is your view on Ronald Reagan giving full amnesty in 1986 to any illegal immigrants who were in-country before 1982?
It seems that was a much more broad and sweeping Amnesty than Obama giving temporary work permits to illegals that were brought here as children?edit on 20-6-2012 by Indigo5 because: (no reason given)
Originally posted by xuenchen
I don't know enough about the details of the 1986 Legislation.
But it was Legislation, not an apparent circumvent by the Executive Branch.
That's a good topic for a new thread in fact. Compare all amnesty legislations and look at the results.
"George Bush, Bill Clinton, George H.W. Bush and Ronald Reagan—no president in modern history—has changed deportation policy through executive action, except all of them," Stewart said.