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Huge Decision By Federal District Judge In Brownsville Texas Stops The One In His Unconstitutional Act

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He also cites Youngstown v. one of my favorite decisions.


A. The DHS Directive Fails the Constitutional Test in Youngstown
.
The DHS directive created a categorical deferred action program that conflicts with Congress’s expressed and implied intent in existing law and its exclusive authority to legislate and set immigration policy. When the President acts within an area generally considered to be under the constitutional authority of Congress, as he has done here, courts have applied Justice Jackson’s three-tier framework articulated in Youngstown Sheet & Tube Co. v. Sawyer
343 U.S. 579.

According to Youngstown, when the President acts pursuant to an authorization from Congress, his power is “at its maximum.” Id. at 635-36. When Congress is silent on the matter, “there is a zone of twilight in which he and Congress may have concurrent authority, or in which its distribution is uncertain.” Id. at 637.

Yet, when the President acts in conflict with Congress’s expressed or implied intent, his power is at its “lowest ebb, for then he can rely only upon his own constitutional power minus any constitutional powers of Congress over the matter.” Id.

Tier one of the framework, which entails consent by Congress, is inapplicable to the present analysis by the President’s own admission. He claims that he had to act because Congress failed to act. Am. Compl. ¶ 4.

Nor is the DHS directive saved by the “zone of twilight.” Critically, Congress’s refusal to enact President Obama’s
preferred policy is not “silence”; it represents the constitutional system working as intended. Congress has

enacted extensive immigration laws—they are simply not enacted in the manner President Obama prefers.

Differing policy preferences do not provide license to, as President Obama said, “change the law.”

Here is the Brief...http://media.aclj.org/pdf/Texas-et-al-v-United-States-Amicus-Brief.pdf

Here is the NY Times breaking news:

http://www.nytimes.com/2015/02/18/us/obama-immigration-policy-halted-by-federal-judge-in-texas.html?emc=edit_na_20150217&nlid=53564225&_r=0

Big time decision Justice Andrew S. Hanen of Federal District Court in Brownsville

A...

A glimpse of hope has arrived

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Buckle up boys and girls, the coup continues.

WASHINGTON — The White House on Friday said that lawyers at the Justice Department would seek an emergency order from an appeals court to allow the federal government to issue work permits and provide legal protections to hundreds of thousands of undocumented immigrants while it appeals a judge's ruling halting the programs.The move came in response to a ruling issued by a federal judge on Monday night indefinitely postponing President Obama’s sweeping executive actions on immigration.


Officials said the Justice Department would make an official request by the end of the day on Monday.

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An early blunder by the governments legal team in this matter could be costly.

Texas said it’s unclear yet whether the federal government’s actions are a breach of the law or the court’s orders, and said that’s why Judge Hanen should allow discovery in the case, which would give the challengers a chance to pry loose information about the amnesty from the Homeland Security Department, which has been stingy in releasing details.
Read more at http://www.westernjournalism.com/lying-corrupt-obama-administration-busted-time-judge-wont-like/#LhurJXWk7Vd6qVW0.99

http://www.westernjournalism.com/lying-corrupt-obama-administration-busted-time-judge-wont-like/?utm_source=MailChimp&utm_medium=email&utm_content=top-story&utm_campaign=DailyEmail03.06.15#CHB7Gyl4lSKvkhdH.97

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It just keeps getting worse for our poor beleaguered President...

“Whether by ignorance, omission, purposeful misdirection, or because they were misled by their clients, the attorneys for the government misrepresented the facts,” the judge said, adding that he was stunned the government waited for two more weeks after his ruling to inform him that the applications had already been processed.

Judge Hanen said he may still issue sanctions against the government for misleading him — though he declined to strike the government’s pleadings, which would have essentially closed the case and granted victory to Texas.

The judge said that while that may be warranted, it would do a disservice to the weighty issues at stake in the case, including fundamental issues of presidential power.

Judge Hanen continued, explaining that in:

...his decision upholding his injunction, ..., Judge Hanen gave tremendous weight in his 15-page ruling to Mr. Obama’s February town hall when he described how he would carry out his policy and warned immigration agents of “consequences” to not following his dictates.

Just hours before Judge Hanen ruled, however, the appeals court that oversees him ruled in a separate challenge to Mr. Obama’s 2012 amnesty for Dreamers, and ignored the president’s warnings of consequences to agents. In that case, a three-judge panel of the 5th U.S. Circuit Court of Appeals ruled that agents had ultimate discretion about whether or not to follow the new policies.

The original decision by Judge Hanen was an actual profile in courage worthy of inclusion in JFK's great book from the 50's.

Profiles in Courage is a 1957 Pulitzer Prize-winning volume of short biographies describing acts of bravery and integrity by eight United States Senators throughout the Senate's history. The book profiles senators who defied the opinions of their party and constituents to do what they felt was right and suffered severe criticism and losses in popularity because of their actions. It begins with a quote from Edmund Burke on the courage of the English Statesman, Charles James Fox, in his 1783 attack upon the tyranny of the East India Company in the House of Commons.[1] The book focuses intensely on mid 19th century antebellum America and the efforts of Senators to delay the Civil War. Profiles was widely celebrated and became a best seller. John F. Kennedy is credited as its author and while it is acknowledged that he had supervised what was written in the final draft, there are credible allegations that most of it was the work of his speechwriter, Theodore Sorensen. http://en.wikipedia.org/wiki/Profiles_in_Courage

http://www.washingtontimes.com/news/2015/apr/7/obama-motion-immediately-restart-amnesty-rejected-/#ixzz3WjtTEebJ

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Barry Goldwater didn't write The Conscience of a Conservative--L. Brent Bozel did. US Senators should not spend their time writing books. Period.

--Brant

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Pure and simple, this would be impeachable, if this is true and if the President has knowledge of it, which he now has since it is public. However, getting the Senate to convict, that is another high hill to climb.

The internal memo reveals four options of varying expansiveness, with option 1 providing EADs to “all individuals living in the United States”, including illegal aliens, visa-overstayers, and H-1B guest-workers, while option 4 provides EADs only to those on certain unexpired non-immigrant visas. Giving EADs to any of the covered individuals, however, is in direct violation of Congress’s Immigration & Nationality Act and works to dramatically subvert our carefully wrought visa system.

Did any of you ever try to "...work around..." a Federal District Judges injucntion?

On top of working around the Hanen injunction, this DHS plan would also dole out unrestricted EADs to those on temporary non-immigrant visas, such as H-1B-holders (their work authorizations being tied to their employers) and another 5 to 6 million illegal aliens thus far not covered by any of the President’s deferred action amnesty programs. By claiming absolute authority to grant work authorization to any alien, regardless of status, DHS is in effect claiming it can unilaterally de-couple the 1986 IRCA work authorization statutes from the main body of U.S. visa law.

Going to get very interesting...

Bottom line: The memo foreshadows more tactical offensives in a giant administrative amnesty for all 12 million illegal aliens who’ve broken our immigration laws (and many other laws) that will emerge before the next inaugural in January 2016. According to the authors, one negative factor for granting EADs to illegal aliens, visa-overstayers, etc., is that they’ll still “face difficulties in pursuing permanent residence due to ineligibility or being subject to unlawful presence inadmissibility for which a waiver is required.” This is in reference to the reality that an EAD isn’t a green card and that eventually the EAD-beneficiaries are supposed to apply to ‘adjust their status,’ which cannot be done without showing evidence of lawful status. But this might change, they write. The DHS “macro-level policy goal”, we’re told, is to assist individuals to stay “until they are ready and able to become immigrants.” This would seem to say that DHS, the largest federal law enforcement agency in the nation, is banking on awarding those who’ve broken our laws and violated our national sovereignty.

http://thehill.com/blogs/congress-blog/the-administration/258689-leaked-dhs-memo-shows-obama-might-circumvent-dapa

No boots on the ground, just on the citizen's throats.

A...

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YES and it counts!!!!

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In his ruling Monday night, Circuit Court Judge Jerry Smith said Obama's program "would allow illegal aliens to receive the benefits of lawful presence solely on account of their children’s immigration status, without complying with any of the requirements ... that Congress has deliberately imposed." He was joined by Judge Jennifer Walker Elrod.

Their ruling said the program "would dramatically increase the number of aliens eligible for work authorization, thereby undermining Congress’s stated goal of closely guarding access to work authorization and preserving jobs for those lawfully in the country."

Judge Carolyn Dineen King dissented, arguing that the deferred action program was an "exercise of prosecutorial discretion" beyond the reach of federal court judges. She also criticized her court for stalling well beyond its normal 60-day period of review
.

"I have a firm and definite conviction that a mistake has been made," she said. "That mistake has been exacerbated by the extended delay that has occurred in deciding this 'expedited' appeal. There is no justification for that delay."

The administration had argued that it was merely formalizing an existing policy of targeting the most dangerous undocumented immigrants and making millions of others a lower priority.

"The policies are a quintessential exercise of prosecutorial discretion, an executive function that is not subject to judicial review," it argued in court papers. "And they are an exercise of authority that Congress expressly granted to the (homeland security) secretary to establish policies for enforcement of the immigration laws, a uniquely federal domain into which states may not intrude."

The states opposed to the program argued that it would confer legality, if not citizenship, upon millions of immigrants who came to the country unlawfully -- forcing Texas and others to issue driver's licenses and incur other costs.

The program "would be one of the largest changes in immigration policy in our nation’s history," they told the appeals court. "Once this program goes into effect, it will be practically impossible to unwind all of its derivative consequences."

http://www.usatoday.com/story/news/politics/2015/11/09/appeals-court-obama-immigration-plan/75491724/

We may have dodged a bullet on this one.

A...

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Ann Coulter nails it again...

IMPORTING TERRORISM AND OTHER AMERICAN VALUES
November 25, 2015

Americans keep being hectored to take "refugees" from terrorist-producing countries because to do otherwise would be "a betrayal of our values," as President Obama said on Monday.

The rise of Donald Trump reminds us of the popularity of another, long-forgotten American value: protecting Americans.


Contrary to Obama's laughable reference to "the universal values" that "all of humanity" share, most of the world does not share our values, at all. They barely seem to share our DNA. As indignantly explained by the lawyer representing two Iraqis accused of child rape in Nebraska, America's views about women and children "put us in the minority position in the world."

Pederasty, child brides, honor killings, clitorectomies, stonings, wife beatings -- when will America grow up and join the 21st century? (A lot sooner if Marco Rubio has his way!)

Yep, Barry is so for the women!!

The utter stupidity of taking in these "asylum" seekers is completely indefensible today.

As we found out from Michael Steinbach, assistant director of the FBI, in congressional testimony last month, there are no Syrian computer databases for our investigators to use in their famed "vetting" of refugees.

"You're talking about a country that is a failed state, that does not have any infrastructure," he said. "So all of the data sets -- the police, the intel services -- that normally you would go to seek information don't exist."

It seems that another value the rest of the world doesn't share with the West is our painstaking record-keeping. There's no Syrian FBI running the National Crime Information Center. Syria barely has a phonebook.

Remember the Marathon?

It's possible that during that agonizing 24 months of waiting, someone will warn our immigration officials about particular refugees. Then, our government will admit them anyway -- as they did with Boston Marathon bomber Tamerlan Tsarnaev.

Tamerlan's suspected co-conspirator in the murder of three Jews, Ibragim Todashev, was another beneficiary of America's generous humanitarian policies -- humanitarian toward foreign criminals and terrorists, monstrous toward Americans.


Our crack investigators admitted Todashev after concluding he had a credible fear of persecution in Chechnya. Meanwhile, his own father said, "He has nothing to fear ... he would have faced no oppression."

There's more boys and girls...

American officials were also warned about the blind sheik, Omar Abdel-Rahman, not only by U.S. consular officials in Egypt -- but by Hosni Mubarak, the president of Egypt himself.

But the Blind Sheik was allowed to go about his business in America, plotting terrorist attacks with other widows and orphans, such as Ramzi Yousef, mastermind of the 1993 World Trade Center bombing -- and American asylee.


Under our immigration policies, being a member of a noted terrorist group qualifies you to come to America; being a talented scientist from Switzerland does not.

Enough!

Let's do a reverse Churchill...

An Iron Curtain has been built around America - no immigration except through door number one (1)...

http://www.anncoulter.com/columns/2015-11-25.html#read_more

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