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Post by New Mama on Jun 19, 2012 8:59:04 GMT -6
Last week Obama decided that the USA will not deport the illegal persons that are in school or have served in the US military. I don't say that this is wrong but even he is on record saying only Congress can make/ch-ch-change law. So by executive order he is telling us that we as a country will not prosecute this group of law breakers. Is that ch-ch-changing the law?
Of course he blames Congress for not doing something about this problem in an effort to make the right look bad. He completely ignores that Democrats controlled Congress from 2007 to 2010 and he didn't get it done then either. The DREAM Act died under his watch with a ‘friendly’ Democratic Congress.
Look for more Presidential orders that circumvent our system as he scrambles to garner some of the votes he has lost over the past three years.
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Post by Chicago Jake on Jun 20, 2012 0:06:13 GMT -6
To be fair, all presidents try to circumvent the rules of the road with executive orders. Sometimes I agree with their goals, sometimes not. But it's always wrong. In a perfect world, our elected officials would respect the Constitution. Alas, we don't live in that world.
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Post by Ardbeg... innit on Jun 20, 2012 5:51:50 GMT -6
Its funny how executive orders only get people riled up when they disagree with them.
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Ron
Dis-Member
Posts: 240
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Post by Ron on Jun 20, 2012 8:22:44 GMT -6
It's not an executive order, it's exercising prosecutorial discretion.
DHS Exercised Prosecutorial Discretion To Allow Young Immigrants To Remain In The U.S. DHS Secretary Janet Napolitano authored and signed the memorandum that dictated the new policy ch-ch-changes to immigration enforcement. From her memo to the U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and U.S. Citizenship and Immigration Services
Napolitano doesn't sign executive orders, the President does.
"Prosecutorial discretion" is the authority of an agency or officer to decide what charges to bring and how to pursue each case. A law-enforcement officer who declines to pursue a case against a person has favorably exercised prosecutorial discretion. The authority to exercise discretion in deciding when to prosecute and when not to prosecute based on a priority system has long been recognized as a critical part of U.S. law. The concept of prosecutorial discretion applies in civil, administrative, and criminal contexts. The Supreme Court has made it clear that "an agency's decision not to prosecute or enforce, whether through civil or criminal process, is a decision generally committed to an agency's absolute discretion." Heckler v. Chaney, 470 U.S. 821, 831 (1985).
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Post by New Mama on Jun 20, 2012 15:21:20 GMT -6
Obama said this in March 2011 at a town hall event hosted by the Spanish-language television network Univision. Obama said executive action to stop deportation would not be “appropriate” for the president to take.
I guess it's OK when your down in the polls. His own form of the DREAM Act without the messy Congressional process. If this move is so OK why didn't he do this three years ago? I missed the memo that allows Obama and Holder to pick and choose which laws they are going to enforce.
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Post by New Mama on Jun 20, 2012 15:25:31 GMT -6
It's not an executive order, it's exercising prosecutorial discretion. DHS Exercised Prosecutorial Discretion To Allow Young Immigrants To Remain In The U.S. DHS Secretary Janet Napolitano authored and signed the memorandum that dictated the new policy ch-ch-changes to immigration enforcement. From her memo to the U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and U.S. Citizenship and Immigration Services Napolitano doesn't sign executive orders, the President does. "Prosecutorial discretion" is the authority of an agency or officer to decide what charges to bring and how to pursue each case. A law-enforcement officer who declines to pursue a case against a person has favorably exercised prosecutorial discretion. The authority to exercise discretion in deciding when to prosecute and when not to prosecute based on a priority system has long been recognized as a critical part of U.S. law. The concept of prosecutorial discretion applies in civil, administrative, and criminal contexts. The Supreme Court has made it clear that "an agency's decision not to prosecute or enforce, whether through civil or criminal process, is a decision generally committed to an agency's absolute discretion." Heckler v. Chaney, 470 U.S. 821, 831 (1985). BTW, there is no 'discretion' in exempting 800 thousand people from federal law. Discretion is for individual cases. Edited to add...I think we can expect this matter to be reviewed by the Supreme Court too. Edited to correct stupid error - 800 thousand (from 800 million). |
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Post by Ardbeg... innit on Jun 20, 2012 17:04:10 GMT -6
800 million people? Where does this apply China or India??
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Post by bigdog8088 on Jun 20, 2012 17:42:59 GMT -6
China..There calling in there Markers.
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Post by Merlot Joe on Jun 20, 2012 23:50:12 GMT -6
Just wait until Obama gets re-elected. he will be making laws buy the 100's since he will never be running for an elected office agai. He has nothing to lose.
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Ron
Dis-Member
Posts: 240
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Post by Ron on Jun 21, 2012 6:59:14 GMT -6
That's not the complete quote of what President Obama said. Video Evidence: www.huffingtonpost.com/2012/06/20/jon-stewart-fox-news-obama-tape-edit_n_1611735.html?utm_hp_ref=jon-stewartFollowing the final line that Fox News included in its edited tape, Obama said, "Now what we can do is prioritize enforcement, since there's limited enforcement resources, and say, 'We're not going to go chasing after this young man or anybody else who has been acting responsibly and would otherwise qualify for legal status of the Dream act passed.'" Fox isn't the only one doing it, the online echo chamber has this one climbing to the top of all the search lists. You have to dig a little for the truth. |
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Post by New Mama on Jun 21, 2012 12:40:51 GMT -6
That's not the complete quote of what President Obama said. Video Evidence: www.huffingtonpost.com/2012/06/20/jon-stewart-fox-news-obama-tape-edit_n_1611735.html?utm_hp_ref=jon-stewartFollowing the final line that Fox News included in its edited tape, Obama said, "Now what we can do is prioritize enforcement, since there's limited enforcement resources, and say, 'We're not going to go chasing after this young man or anybody else who has been acting responsibly and would otherwise qualify for legal status of the Dream act passed.'" Fox isn't the only one doing it, the online echo chamber has this one climbing to the top of all the search lists. You have to dig a little for the truth. Except that the DREAM ACT was NOT passed. o Obama decided to ignore the vote and implement the parts he thinks will get him votes. OK I wonder what the left would have done if Bush had issued a directive to law enforcement that was rejected by Congress. To be clear I do think we need immigration reform to address this issue but not a President who ignores how it should be done. |
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