6 Reasons Congress Can’t Rely on Courts to Stop Executive Amnesty [+video]

Thanks to the assiduous work of Texas Attorney General Ken Paxton (and NO thanks to congressional Republicans), America can finally celebrate a victory for the rule of law and separation of powers. The 5th Circuit Court of Appeals upheld the injunction the lower court placed on Obama’s November 20 executive amnesty, thereby stopping the issuance of work permits in its tracks. The three-judge panel noted that “because the government is unlikely to succeed on the merits of its appeal of the injunction, we deny the motion for stay and the request to narrow the scope of the injunction.”

However, before conservatives pop the champagne and declare an immigration victory, remember that Obama is working overtime to fundamentally remake America’s immigration system through many other means – avenues not directly addressed by the courts. Congress can and must use the upcoming appropriations season to restrict and condition funding to ensure the Administration fully cooperates with established laws, rules, and precedents on issues related to interior enforcement, prosecutorial discretion, and asylum policy.

At the very least, they should pass stand-alone legislation addressing Obama’s immigration malfeasance and keep up the public pressure against executive action. Unfortunately, everyone knows there’s a collective sigh of relief in the offices of elite GOP politicians who are hoping the courts will give them cover for ignoring Obama’s pernicious immigration policies.

Earlier this year, we highlighted 5 reasons it is Congress’, not the court’s, responsibility to defund Obama’s executive amnesty. Here are 6 more reasons why Congress cannot rely solely on the courts and shirk their responsibility to wield the power of the purse:

1. Obama Has Violated the Injunction: He has already issued 2,000 work permits in contravention to the lower court’s decision. His modus operandi seems to be “ask for forgiveness, not permission.” The spigot of funding must be shut off.

2. Obama Using Asylum: Obama has already abused the existing legal channel of asylum to bring in the new wave of illegal migrants carte blanche from Central America. It’s a well-known secret in some of these Central American countries that all they need to do is file an asylum application and they are home free. Despite the fact that 70% of asylum cases are usually fraudulent, still over 90% of applications are approved. Recently, congressional leaders on the House Judiciary and Oversight and Government Reform Committees have expressed concern that terrorists are also exploiting the asylum loophole.

3. DACA Has Not Been Overturned: Even though the court has overturned Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), it has not overturned Deferred Action for Childhood Arrivals (DACA). Although a group of ICE agents brought a lawsuit against Obama’s 2012 DACA program, the 5th Circuit astoundingly held that federal agents lacked standing to bring a lawsuit against the government, even though they are being threatened by the administration for following the Constitution. Obama has already issued 541,000 Social Security cards to DACA recipients. The more Obama is able to implement DACA without any congressional controls, the more the fiscal costs will become irrevocable, even if a Republican wins back the White House in 2017.

4. Hyper Prosecutorial Discretion: In addition to those illegal immigrants who are affirmatively granted work permits and Social Security cards, Obama is forcing CPB and ICE agents to release thousands of illegal aliens, including dangerous criminals, onto the streets. Although the court injunction will likely halt the issuance of benefits, it will not stop Obama’s abuse of prosecutorial discretion, which allows these people to remain on the streets. As the surge from Central America continues to grow, states and local communities will continue to incur significant costs in the form of education, healthcare, and criminal justice. Without any congressional requirement that Obama keep track of those illegal aliens that are released – something he has refused to do until now – much of the harm will be immutable.

5. Ending Local Immigration Enforcement: After years of allowing illegal aliens to flood this country without any coherent federal policy or even a desire to stem the tide, state and local enforcement of immigration laws has become the most effective tool against illegal immigration. They are the bulwark against the endless cases of illegal aliens killing Americans in drunk driving incidents, such as the killing of a Houston firefighter and his wife earlier this month. Now, Obama is committed to suspending all cooperation between local law enforcement and federal authorities on immigration.

6. Refusing to Deport: There are now 900,000 illegal aliens who have been ordered to leave the country by the courts, yet the administration is refusing to deport them. Of those ordered deported, 167,000 are criminal aliens, the very type Obama said he would prioritize for deportation. Congress has a huge role to play here. (See “6 Reasons Congress Can’t Rely on Courts to Stop Executive Amnesty”, originally posted HERE)

Listen to an earlier interview with this author on The Joe Miller Show:

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