Illegals are Illegal. Don’t like it, take it up with Congress.

By Sam Frescoe, Veteran’s Recall
samfrescoe@gmail.com
http://veterans-recall.blogspot.com/

Here we go again. Like administrations before, there seems to be some confusion. The Judicial Branch does not make law, allocate resources, or nullify the will of the People.

Illegal Immigration is Illegal…How tough is that to understand?

It’s not a secret. The People are concerned about the influx of illegal immigrates in the United States. In other words, the People don’t like law breakers. Me neither.
I’ve been told that I am not seeing the issue correctly. While I do wish to thank those that clearly have not read the Constitution for their circumstance driven “feelings” on the matter, I do unconditionally reserve the right to think for myself.

Illegal Immigration is Illegal for a Reason

Illegal immigration is a national sovereignty issue, a political issue, and a constitutional issue. National sovereignty is about the authority of the American state. When an immigration law is passed, then it is expected for that law to be followed. If an immigration law is violated, then it is expected for that behavior to be reduced and stopped. I expect nothing less. I bet the American People expect nothing less.
Illegal immigration is a critical political issue. Why? Let me ask you this question. What happens to the electorate (those that can vote) should illegals be granted American civil rights? Forget about party platforms and media narratives. How do you believe they will vote having just been given (not earned) legal standing? How do you believe they will assimilate into the American culture having been given “a pass” for their willfully disrespectful behavior?
Forget how you feel about the issue, or how you were told to behave by those with the loudest opinion. Who should be driving legal American enterprise? Who should be deciding American civil matters? Who should be competing for American legal tender? Who do you want deciding future Presidential, Congressional, Gubernatorial, State, and local elections? Are these American matters for American citizens to decide or not?
The Constitution is clear on this matter. The Executive does not have special powers regarding immigration, but does have a responsibility to “take care that the laws be faithfully executed” (Art-2, Sec-3). In other words, the Chief Executive is to ensure all laws are carried into effect. There is no qualification for this direction. The Legislature is specifically tasked, as part of its enumerated powers, to “establish a uniform rule of naturalization” (Art-1, Sec-8, Para-4). In other words, only the Congress can act to give someone from a foreign country the rights of a native-born citizen.

Now comes another administration…again…and again

In November 2015, the Obama Administration attempted to defend executive actions to defer the deportation of certain illegal aliens under the Parents of Americans and Lawful Permanent Residents program (“DAPA”) via a decision by the 5^th U.S. Circuit Court of Appeals. The basis of the Government’s case rested upon two points of law: prosecutorial discretion of the executive (specifically the DHS), and that the States had no standing to bring a case. The case was decided against the Government because the merits of the Government did not outweigh the "virtually irreversible" action that would cause the States "irreparable harm," and the fact the States do have standing due to the public benefits that “illegal aliens” would receive if allowed to stay.
Any way I look at this I come back to the same conclusion. This case was a blatant attempt by the Executive to bypass the power of the Legislature. I commend the Court for not taking the bait.
Going Forward
One elected Chief Executive and his band of non-elected appointees, regardless of a Federal Judge’s decision (each of them are non-elected…by the way), are not in charge. The People are in charge. Therefore, the solution is simple.
If the Executive cannot fully execute a law (and I mean any law), then it is the duty of the Executive to seek redress from those that make the law, the Legislature. If the redress cannot be achieved, then the Executive may petition the People for a change. Or, agree that the People, as represented by their Representatives, or the States, as represented by their Senators, do not wish it happen.
Failure to make a compelling case to the People is not cause for usurping the Constitution through a court case. Neither is the desire to seek a remedy that will expand executive powers, erode States rights, further nullify the authority of the Legislature, and abuse the trust and resources originally owned by the People.
Your View
What are your thoughts about illegal immigration? I invite you to tell me what you believe at samfrescoe@gmail.com. I am looking forward to addressing your comments and furthering our American discourse. Thank you. – Sam Frescoe

Resources

DOJ Appealing To Supreme Court On Immigration Plan After Latest Legal Setback
Legal Standing
Case 15-40238 Opinion
United States Court of Appeals for he Fifth Circuit
Expert Judicial Analysis