Rep. Hoyer: It's 'Appropriate' Under Constitution for President to Give Work Permits to Ille

story from CNS News
By Patrick Burke and Amanda Swysgood
June 19, 2012

Hoyer: It's 'Appropriate' Under Constitution for President to Give Work Permits to Illegals
This article in essence is suggesting that Obama's "announcement" about issuing work permits to "illegal" immigrants is unconstitutional, regardless of the good intentions and the "temporary" nature.

The funny part is that U.S. Representative (House Minority Whip) Steny Hoyer (D-Md.) was unclear when asked if Obama can do this under the U.S. Constitution.

Hoyer was clearly befuddled when asked the question however !!

(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."

Hoyer then "explains";

"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."

Obama "speaks";

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.

Here is the Constitution parts that may apply:

Article. I.
Section. 8.

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

Looks like Congress has the "authorities" ??

Clause 4 and Clause 18 apply ????

How did Obama circumvent the Constitution this time ?

How does Obama and/or the DHS have the authority to grant work permits to "illegals" ??

Is there an Executive Order ??

Are there any "Amendments" ??

Well According to Utah's GOP Attorney General, this move is totally within Obama's power.

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.

Link

What is deferred action?

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.

Full Memo

Obama's action had the effect of "sealing the deal" as to Marko Rubio's candicacy for Vice president............he will absolutely be the nominee in light of this decision by Obama, which by the way is the right decision in view of the circumstances. But Romney's counterpunch will have a much more lasting and beneficial effect in the long run and will bring the latino vote into the republican column - for sure.

BTW - the Latino vote is critical to the election.............whoever gets it wins......that's how close this election is going to be..............

This clearly violates the separation of power.

The executive branch is required to execute laws that both the President and Congress pass.

What law did they just pass?

None

Rule by decree is what dictators do, is it not?

How is this any different?

Originally posted by SWCCFAN Rule by decree is what dictators do, is it not?How is this any different?

Its not - we live in a DICTATORSHIP........as far as I can understand its been that way from the beginning.
Remember Lincoln??? if not please do the homework........he was a DICTATOR and its gotten progressively worse since that time. He deserved what he got in the end BTW..............as does/will you know who.

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?

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)

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.

The question today is whether this new deal is "legal".

I'm sure there will be court challenges soon enough.

Do you think "Constitutionality" even matters ??

Muse7 cited an opinion that highlights "enforcement discretion".

I am questioning where the "authority" comes from.

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.

let's do that....

"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.

www.huffingtonpost.com...

Ronald Reagan: " "I believe in the idea of amnesty for those who have put down roots and lived here, even though sometime back they may have entered illegally,".

Yes ...Reagan granted amnesty via legislation...but he also signed an executive order with regards to Immigration...

Immigration Policy Executive Orders by Reagan, Bush 1 and Bush 2

Ronald Reagan
Reagan Executive Order 12324 - Interdiction of Illegal Aliens

Reagan Executive Order 12582 - Naturalization requirements exceptions for aliens and non-citizen nationals of the United States who served in the Grenada campaign

Pres. G. H. W. Bush
Executive Order 12711 Deferred deportation of Chinese nationals and their direct dependents in response to the Tiananmen Square protests of 1989. See Executive Order 12711.

President GW Bush
Executive Order 13269 of July 3, 2002
Expedited Naturalization of Aliens and Noncitizen Nationals Serving in an Active-Duty Status During the War on
Terrorism

Executive Order 13276
Delegation of Responsibilities Concerning Undocumented Aliens Interdicted or Intercepted in the Caribbean Region

These are only the orders I could find in a few minutes and there are certainly many more...GOP=BS