NEW YORK – Earlier this month, WND reported President Obama never actually signed any executive orders directing the Department of Homeland Security to fulfill his announced immigration action effectively granting amnesty to millions of illegal aliens.
WND further reported Obama was implementing the measures outlined in his Nov. 20 speech to the nation through a DHS memorandum signed by Secretary Jeh Johnson Nov. 20 titled, “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents.”
Now, WND has discovered that on Nov. 20, Johnson signed a total of 10 memoranda expanding the Obama amnesty beyond the illegal alien parents of minors born in the U.S. to include virtually every illegal alien currently in the U.S.
Moreover, none of the DHS memoranda have been filed in the Federal Register, in apparent violation of federal agency rulemaking authority that demands all rule changes be published in the Federal Register and made available for public comment prior to being implemented.
Commenting on the 10 memoranda signed by Johnson, Jon Feere at the Washington-based Center for Immigration studies noted they “are limited in detail and leave much of the policymaking to executive branch agencies,” causing him to conclude that “much remains unknown about exactly how this scheme will operate.”
Mark Krikorian, executive director of the Center for Immigration Studies, agreed.
“We probably won’t know what these memoranda mean until after DHS starts implementing these new rules,” Krikorian said. “None of these memoranda are based in law. The memoranda are really nothing more than a calculation of what the Obama administration thinks it can get away with.”
Krikorian expressed concern that if the memoranda Johnson signed Nov. 20 are not overturned in federal district court, Republicans in Congress do not seem inclined to take any action to prevent the new immigration rules from being enforced.
“If President Obama can get away with redefining immigration laws without any congressional action, then who is to say what changes in immigration law Obama will enact through executive memorandum next?” Krikorian asked.
“Obama appears to be making this all up, so it’s a question of what he thinks he can get away with,” he said. “What’s to stop Obama from issuing more memoranda through a Cabinet secretary and granting more people amnesty next year? Nothing, as far as I can see.”
Tom Fitton, president of Washington-based Judicial Watch, was equally alarmed.
“It’s hard to see under these new rules how Obama would deport any illegal immigrant that manages to get into the country,” Fitton told WND. “Unless you’re a sucker that happens to get caught up at the border and turned away immediately, it is almost certain you won’t be subject to deportation.”
Fitton was doubtful the Obama administration would deport even the illegal-immigrant criminals defined under Johnson’s new rules as “priority” cases for law enforcement.
“There appears always to be an out for anyone facing deportation, even for the most violent and vile facing deportation,” he said. “By a series of memoranda issued by one Cabinet official, Obama is undertaking a whole remaking of the U.S. immigration system.”
Fitton cited the Anti-deficiency Act, which prohibits government from creating an obligation to pay money before funds have been authorized for that purpose and 31 U.S. Code Section 1350 specifies criminal penalties for so doing.
“The Obama administration is reauthorizing funds and repurposing personnel to do things not authorized by the immigration laws,” he said. “That should submit decision-makers in DHS to criminal prosecution, if anyone bothers to investigate.”
Written by JEROME R. CORSI
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