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The ĎDREAMí order isnít legal (Obama's EO contravenes 1996 US laws)
NY POST ^ | 6/2212 | Kris Kobach, Kansas secy of state (co-authored Arizona / Alabma alien laws)

Posted on 06/22/2012 6:28:23 AM PDT by Liz

EXCERPT In 1996, Congress inserted interlocking provisions into law that require deportation when Executive Branch officials become aware of illegal aliens.....explicitly to force the executive branch to place into removal proceedings virtually every illegal alien encountered by federal immigration agents. The exceptions are very narrow, to be applied only in extraordinary circumstances (such as aliens seeking political asylum).....the “prosecutorial discretion” that Obama claims he is ordering ICE agents to exercise no longer exists, because Congress eliminated it in 1996.

Congress acted out of frustration b/c the Clinton administration was using its discretion to let several thousand illegal aliens walk free. Today, Obama is claiming to use the same now nonexistent discretion to let 1.4 million illegals walk free. Here’s the technical explanation:

* 8 U.S.C. § 1225(a)(1) provides that “an alien present in the United States who has not been admitted . . . shall be deemed for purposes of this chapter an applicant for admission.”

* This triggers 8 U.S.C. § 1225(b)(2)(A), which mandates that if the immigration officer determines that the alien is unlawfully present, the alien mustbe placed in deportation proceedings: “In the case of an alien who is an applicant for admission, if the examining immigration officer determines that an alien seeking admission is not clearly and beyond a doubt entitled to be admitted, the alien shall be detained for a proceeding under section 1229a of this title.”

* The proceedings described in 8 U.S.C. § 1229a are the deportation (or “removal”) proceedings of the US immigration courts.

(Excerpt) Read more at nypost.com ...


TOPICS: Constitution/Conservatism; Editorial; Foreign Affairs; Government
KEYWORDS: amnesty; dreamact; immigration; obama

1 posted on 06/22/2012 6:28:29 AM PDT by Liz
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To: Liz

The government will “deem” it legal.


2 posted on 06/22/2012 6:33:22 AM PDT by ClearCase_guy
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To: Liz

Obama would never let a law get in his way of doing what he wants to do.


3 posted on 06/22/2012 6:33:42 AM PDT by rightly_dividing (We are Scott Walker.)
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To: rightly_dividing
Exactly.

People should really be concerned that Obama came out and EXPLICITLY said, "I'd like to do this, but I can't do this, because the laws won't let me do this." And then he went and did that.

That's scary.

4 posted on 06/22/2012 6:40:49 AM PDT by ClearCase_guy
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To: rightly_dividing; ClearCase_guy; Grampa Dave; TADSLOS; Condor51; AuntB; Tennessee Nana; ...

The scary thing-—mentioned by the Kobach-—is that Obama is just getting warmed up on the subject.

Even when he loses, he’ll still have two months to do the Third World’s dirty work.


5 posted on 06/22/2012 6:43:07 AM PDT by Liz
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To: Liz
The R's in Congress are clearly testronically challenged as they should be starting hearings leading to impeachment. They are concerned about being called RAAAAICISTS.
6 posted on 06/22/2012 6:51:44 AM PDT by garyb
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To: Liz
The R's in Congress are clearly testronically challenged as they should be starting hearings leading to impeachment. They are concerned about being called RAAAAICISTS.
7 posted on 06/22/2012 6:55:04 AM PDT by garyb
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To: garyb

That is exactly the reason the congressional Republicans haven’t gone after Obama via impeachment: the Democrats and the LSM will scream “RACISM!”


8 posted on 06/22/2012 6:55:57 AM PDT by SatinDoll (NO FOREIGN NATIONALS AS OUR PRESIDENT)
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To: ClearCase_guy
The government will “deem” it legal.

America is no longer a republic. It's now a deem-ocracy.

9 posted on 06/22/2012 6:57:50 AM PDT by Lady Lucky (God-issued, not govt-issued.)
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To: SatinDoll

unfortunately, impeachment requires the Senate and Harry Reid.


10 posted on 06/22/2012 7:26:54 AM PDT by phockthis (http://www.supremelaw.org/fedzone11/index.htm ...)
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To: Liz

A must read. Kris Kobach is the preminent authority on immigration law. Thanks for posting.


11 posted on 06/22/2012 8:03:33 AM PDT by kabar
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To: Liz

Outside of the ballot box (for the time being) there does not seem to be any mechanism for removing this dictator who has openly violated the separation of powers virtually rendering congress a non-entity.

Congress is sitting on its hands while this dictator runs roughshod over them because they are afraid of someone playing the race card.

This is much bigger than race though. This is what we all can look forward to in horror as the progressives (communists hiding behind nice sounding words) tighten the noose around all our necks. The noose is there now and all the Cloward & Piven vermin are waiting for is the right moment to pull the lever and have our constitutional foundation fall away and leave us twisting at the end of a rope.

Once withHolder and all his affirmative action minions prevent Voter ID, cleaning of voter rolls, the ballot box with be EXACTLY like those used in the former USSR. A joke!


12 posted on 06/22/2012 8:18:12 AM PDT by Wurlitzer (Nothing says "ignorance" like Islam!)
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To: Liz

On day one 'President Romney' (sigh) needs to send Obama to GITMO for Treason.

13 posted on 06/22/2012 9:43:25 AM PDT by Condor51 (Never mess with an old man. He won't fight you he'll just kill you.)
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To: Liz

Maybe somebody should explain to the illegals that Obama is lying to them, promising something he doesn’t have the authority to deliver.


14 posted on 06/22/2012 9:51:06 AM PDT by tacticalogic ("Oh, bother!" said Pooh, as he chambered his last round.)
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To: tacticalogic; tickedoffnow; Condor51; AuntB; Tennessee Nana; Clintonfatigued; Grampa Dave; ...
THE DREAM ACT UP CLOSE---getting Raza Studies in every US school.

Raza studies is a virulent anti-America agenda, a bloodthirsty dream by illegals to kill off US citizens:

One Raza Studies textbook titled “Occupied America,” by Rodolfo Acuña, includes a violent and blood- curdling speech given by university professor Jose Angel Gutierrez: “We have got to eliminate the gringo, and what I mean by that is if the worst comes to the worst, we have got to kill him,” (pg. 323).

This is taken directly from Occupied America (pg. 167): “Supporters would execute all white males over age 16,” (this is AKA the Plan of San Diego).

America-hating Raza Studies teach violence and undermining US ntl security----and preaches the need for Mexico to "re-take seven states in the Southwest...in order to make the SW a Chicano nation.

Course, if you oppose this, you are "heartless"....../s.

Adelita Grijalva is the woman on the Arizona school board pimping La Raza/LULAC/Mecha/MALDEF indoctrination programs in Tuscon schools.

Adelita is all up in arms about Raza Studies getting tossed via the AZ state legislature's action...she is the daughter of Raul Grijalva (D-AZ-7) who was just narrowly re-elected to our US Congress.

Raul Grijalva is one of Mexico’s most productive and loyal representatives in our Congress....aiding and abetting building a Third World on US soil.

===================================================== It’s articles like this---about Obama---our own govt-- aiding and abetting blood-thirsty La Raza's violent hate-mongering---that makes our blood boil.

BUT REMEMBER THIS Throughout history, invading hordes harbored dreams of glory----that they would conqueur a people, takeover and subdue them-----and carry home the spoils of war to their homelands.

That aint never gonna happen here---the American culture and spirit is strong and unconquerable.

These cockamamie invaders will NEVER get their way.

The stupids have tried everything else. Now this is indicative of their utter stupidity.

The invaders are too dumb to circum-navigate the sophisticated American democracy. They should get out while the getting is good.

Invincible America was built to last---the founders (of European origins) had keen insight. They were knowledgeable about the vainglorious dreams of alien invaders.

They knew about invading hordes----and how to beat them back.

15 posted on 06/22/2012 11:35:48 AM PDT by Liz
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To: Liz

BTTT


16 posted on 06/22/2012 5:59:15 PM PDT by AJFavish (www.allanfavish.com)
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