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DOJ Invokes Separation-of-Powers As It Seeks to Unblock Obama's Executive Amnesty

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DOJ Invokes Separation-of-Powers As It Seeks to Unblock Obama's Executive Amnesty
March 13, 2015 - 9:19 AM
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President Obama speaking about his unilateral action on immigration in Chicago on Nov. 25, 2014. (AP Photo)

(CNSNews.com) - The Justice Department, in an "emergency motion" filed on Thursday, asked a federal appeals court to suspend a lower court's injunction "interfering with immigration enforcement."

The injunction, imposed last month by a U.S. District Court in Texas at the behest of 26 states, "offends basic separation-of-powers and federalism principles and impinges on core Executive functions," DOJ argued.

"The lower court's order is unprecedented and wrong," said the Justice Department's request for an emergency stay, filed with the Fifth Circuit Court of Appeals on Thursday.

"The Constitution does not entitle States to intrude into the uniquely federal domain of immigration enforcement. Yet the district court has taken the extraordinary step of allowing a State to override the United States’ exercise of its enforcement discretion in the immigration laws."

Critics of President Obama's executive amnesty have used the same separation-of-powers argument against the president. They note that the Constitution does not allow the president to make immigration law.

Shortly after the midterm election in November, President Obama said he would defer deportation for millions of illegal aliens, granting them a pathway to live and work in the United States for up to three years.

In formally announcing his DAPA program (Deferred Action for Parents of Childhood Arrivals) to the nation for the first time, President Obama stated, “I just took an action to change the law.”

Even in the months and years before his announced the changes, Obama said on multiple occasions that he could not do what he ended up doing.

Sen. Jeff Sessions (R-Ala.) has argued that Obama's "unilateral actions" would "eliminate our current immigration laws and replace them with his own executive amnesty."

Sessions explained that Obama's actions were contrary to the law passed by Congress, because the president intends to grant illegal immigrants "work permits, photo IDs, access to trillions in Medicare and Social Security benefits over time, up to $35,000 in free cash tax credits, and the ability to take any job in America."



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Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
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Dang. A public spanking. Well, a spanking that no one hears because mainstream media isn't watching


A federal appeals court has turned aside the Obama Administration's proposal to accelerate its request for a stay of a lower judge's order blocking President Barack Obama's plan to give quasi-legal status and work permits to millions more illegal immigrants.
Edited by xxClosedxx

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