Obama’s Lawlessness on Immigration

July 7, 2010 04:46

President Obama wants to change immigration policy based on his political agenda, not what’s in the law. The Obama Administration seems to believe that the President has the authority to set aside a state law because it is contrary to his political agenda, suspend the enforcement of federal laws for political reasons, and seize from Congress the legislative power to grant an amnesty.  So much for a country governed by the rule of law, not the rule of man.

by  Kris W. Kobach at Human Events

It is becoming increasingly clear that, when it comes to illegal immigration, the Obama Administration has a disturbingly cavalier approach to what the law requires.   Three recent examples illustrate his disdain for the plain meaning of the law.

First, during an interview in Ecuador, Secretary of State Hillary Clinton let the cat out of the bag about the Obama Administration’s plan to sue Arizona.  In so doing, she revealed who was sitting in the driver’s seat when it came to the Justice Department’s decision:  “President Obama has spoken out against the law because he thinks that the federal government should be determining immigration policy. And the Justice Department, under his direction, will be bringing a lawsuit against the act.”

Clinton was correct in her prediction. On Tuesday, the Obama Justice Department filed suit against the Arizona law, calling the measure “invalid” and saying it interfered with federal immigration responsibilities.

In other words, the same political calculations that drove President Obama to criticize (and mischaracterize) the Arizona law, now drove the Justice Department to bring the suit.  Not to mention the potential embarrassment that would result if the Justice Department came to an independent conclusion that Arizona’s law is on solid ground.  Barack Obama-constitutional scholar that his fans make him out to be — can’t say one thing and have the Justice Department say another.

The problem with Obama’s strategy is that the federal judges will actually read the Arizona law and they will find that there is precious little for the Justice Department to attack.  Put simply, there is no federal statute that Arizona’s law conflicts with.  The opinions of the Fourth, Fifth, Eighth, Ninth, and Tenth Circuits of the U.S. Court of Appeals (which are all of the circuits that have addressed the issue) support the authority of Arizona to enact its law.  Another obstacle for the Obama Administration is the fact that the Justice Department’s Office of Legal Counsel in 2002 authored an opinion holding that state police officers have the authority to arrest illegal aliens-the same authority underlying the Arizona law.  In short, the Obama Administration’s suit is on very thin ice.


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