STRIKE 2: The Fifth Circuit Court of Appeals today told Barack Obama where he can stick his pen …
Today, the Fifth Circuit Court of Appeals of the United States has dealt Barack Obama’s Executive order on Amnesty a tremendous blow. Two of three judges on a panel of the United States Court of Appeals for the Fifth Circuit, in New Orleans sided on the rule of law and the US Constitution. Judges Jerry E. Smith and Jennifer Elrod both ruled and refused to lift an injunction against President Obama’s deportation amnesty and said the president’s new program, known as Deferred Action for Parental Accountability (DAPA), is a binding policy that should have gone through the usual public notice and comment period instead of being announced unilaterally by Mr. Obama and Homeland Security Secretary Jeh Johnson late last year
A federal appeals court on Tuesday denied the Obama administration’s request to lift a hold on the president’s executive actions on immigration, which would have granted protection from deportation as well as work permits to millions of immigrants in the country illegally.
Two of three judges on a panel of the United States Court of Appeals for the Fifth Circuit, in New Orleans, left in place an injunction by a Federal District Court judge in Brownsville, Tex. The ruling comes in a lawsuit filed by Texas and 25 other states against actions President Obama took in November. Many of the initiatives were scheduled to take effect this month.
The appeals court found that the states had sufficient legal grounds to bring the lawsuit and that the administration had not shown that it would be harmed if the injunction remained in place and the programs were further delayed.
Also denied was a request by the administration to limit the injunction to the states bringing the lawsuit. The ruling is a second setback for programs the president hoped would be a major piece of his legacy, raising new uncertainty about whether they will take effect before the end of his term and casting doubts on the confidence of administration lawyers that their case was very strong.
Remember when Obama said he didn’t have the power to pass such amnesty and then did it anyhow?
Daily Commentary – Tuesday, May 12, 2015 – I’ve Been Wondering What Hillary’s Position Would Be on Immigration
- We found out last week that she would create a path to citizenship and that she was ready to use executive action to shield many more
Daily Commentary – Tuesday, May 12, 2015 Download
Jamiel Shaw Sr.’s Son was Murdered By an Illegal Alien (Dreamer & DACA Recipient) Pedro Espinoza from Mexico in 2008 … Do Black Lives Really Matter, or Does It Matter Only If You are Shot By a White Person or White Police Man?
JAMIEL SHAW ASKS A VERY IMPORTANT QUESTION THAT BARACK OBAMA AND ERIC HOLDER NEED TO ANSWER … “DO BLACK LIVES MATTER, OR DOES IT MATTER ONLY IF YOU ARE SHOT BY A WHITE PERSON OR A WHITE POLICE OFFICER?
Jamiel Shaw Sr. testified in front of a subcommittee Wednesday, chaired by Rep. Ron DeSantis (R-FL). All should watch and take notice of what happened to Mr. Shaw’s son, 17 year old Jamiel Shaw II, who was violently gunned down by Pedro Espinoza in 2008. Pedro Espinoza is a member of the 18th Street gang, a DREAMer, a DACA recipient, and a child brought to this country by no fault of his own. Hardly the harmless and innocent people that Obama, Democrats and gutless Republicans have told us what DREAMer’s are. Espinoza was convicted and sentenced to death in November 2012.
However, this is greater than just a senseless killing. Below is a must watch VIDEO … Do black lives matter? Well, for Barack Obama, only when it fits his political agenda. If a black person is killed by another black person, and especially an illegal, even a gang banger with multiple arrests, the answer is probably not.
“My son, Jamiel Andre Shaw II, was murdered by a DREAMer, a DACA recipient, a child brought to this country by no fault of his own. My family’s peace and freedom was stolen by an illegal alien from Mexico. He was brought here by his illegal alien parents and allowed to grow up as a wild animal.
He continued: “Some people believe that if you are brought over by no fault of your own that it makes you a good person. They want you to believe that DREAM Act kids don’t murder. I am here to debunk that myth.”
THIS IS A MUST WATCH VIDEO … DO BLACK LIVES MATTER? DO AMERICAN LIVES MATTER?
Jurors deliberated for less than 4 hours on May 2, before finding Pedro Espinoza, 23, guilty of 1st degree murder for the 2008 shooting death of 17-yaer-old football star Jamiel Shaw Jr. in Los Angeles. They have suggested that he receive the death penalty, reports NBC Los Angeles.
IRS Commissioner Koskinen Says Illegals Are Now Eligible for Tax Credits Under Obama’s Amnesty (even for years past) Without Having Paid a Dime of Taxes
UNBELIEVABLE … ILLEGALS ARE ELIGIBLE FOR TAX CREDITS UNDER OBAMA’S ILLEGAL AMNESTY …
When is enough, enough America? Last week we learned from Legal Insurrection that IRS Commissioner John Koskinen’s testimony about the shocking tax consequences of Obama’s executive amnesty plan.
Koskinen explained that illegal immigrants who were granted amnesty would be eligible to receive back-refunds in the form of the Earned Income Tax Credit (EITC)—but only if they had registered with an Individual Taxpayer Identification Number (ITIN.) This means that, although the person was here illegally, they were still working and paying taxes and thus eligible for a refund. It’s a bogus loophole, but it stems from an existing IRS interpretation of their own rules, so at the end of the day it was a “fix this now” situation rather than an “end of the world” scenario.”
That was bad enough and a big enough kick in the gut for those who are in America legally and paying taxes. But wait, it gets worse, much worse. From The Washington Times come the following clarification from IRS commissioner Koskinen. As it turns out, illegals are now eligible for Earned Income Tax Credits, retroactively, even though they may have never paid a dime in taxes. WTF has happened to this country? The rule of law means nothing for this class of people. Absolutely nothing. Meanwhile, lawabiding, tax paying citizens have to follow the rules, or else.
IRS Commissioner John Koskinen told Congress on Wednesday that even illegal immigrants who didn’t pay taxes will be able to claim back-refunds once they get Social Security numbers under President Obama’s temporary deportation amnesty.
The revelation — which contradicts what he told Congress last week — comes as lawmakers also raised concerns Mr. Obama’s amnesty could open a window to illegal immigrants finding ways to vote, despite it being against the law.
“While we may disagree about whether your deferred action programs were lawfully created and implemented, we are confident that we can all agree that these programs cannot be permitted to impair the integrity of our elections,” Republican members of Congress from Ohio wrote in a letter to Mr. Obama Wednesday, ahead of a hearing on the issue in the House on Thursday.
He also clarified his testimony to the Senate last week, where he acknowledged illegal immigrants who had paid taxes using substitute Social Security numbers but who gain real Social Security numbers when they are approved for the amnesty can apply for back-refunds of the Earned Income Tax Credit.
On Wednesday, he said even illegal immigrants who didn’t pay taxes will be able to apply for back-credits once they get Social Security numbers.
The EITC is a refundable tax credit, which means those who don’t have any tax liability can still get money back from the government.
“Under the new program, if you get a Social Security number and you work, you’ll be eligible to apply for the Earned Income Tax Credit,” Mr. Koskinen said.
He said that would apply even “if you did not file” taxes, as long as the illegal immigrant could demonstrate having worked off-the-books during those years.
That expands the universe of people eligible for the tax credit by millions. He said only about 700,000 illegal immigrants currently work and pay taxes using an Individual Taxpayer Identification Number, but as many as 4 million illegal immigrants could get a stay of deportation and work permits under the temporary amnesty, which would mean they would be eligible to claim back-refunds if they worked those years.
Federal Court in Pennsylvania Declared President Obama’s Executive Actions on Immigration Policy Unconstitutional
IMAGINE THAT, A FEDERAL COURT RULES THAT IT IS UNCONSTITUTIONAL FOR OBAMA TO BE AN EMPEROR …
U.S. District Court Judge Arthur Schwab has ruled that parts of Barack Obama’s executive actions on immigration policy unconstitutional. It’s a start, even though any one with any common sense or grasp of the Constitution knows Obama’s executive order was Unconstitutional. Although this decision was part of a criminal case, look for this case to make it’s way through the federal court system and ultimately to the Supreme Court.
Earlier Tuesday, a federal court in Pennsylvania declared aspects of President Obama’s executive actions on immigration policy unconstitutional.
According to the opinion by Judge Arthur Schwab, the president’s policy goes “beyond prosecutorial discretion” in that it provides a relatively rigid framework for considering applications for deferred action, thus obviating any meaningful case-by-case determination as prosecutorial discretion requires, and provides substantive rights to applicable individuals. As a consequence, Schwab concluded, the action exceeds the scope of executive authority.
The full opinion can be read HERE.
Judge Arthur Schwab stated that Obama’s executive order violated separation of powers.
“President Obama’s unilateral legislative action violates the separation of powers provided for in the United States Constitution as well as the Take Care Clause, and therefore, is unconstitutional,” Schwab wrote in his 38-page opinion (posted here). “President Obama’s November 20, 2014 Executive Action goes beyond prosecutorial discretion because: (a) it provides for a systematic and rigid process by which a broad group of individuals will be treated differently than others based upon arbitrary classifications, rather than case-by-case examination; and (b) it allows undocumented immigrants, who fall within these broad categories, to obtain substantive rights.”
The Pittsburgh-based judge rejected a Justice Department legal opinion arguing that Obama’s actions fall within the traditional realm of the executive’s discretion about which cases to pursue and which to overlook. Schwab, a George W. Bush appointee, also quoted in detail from a series of public statements Obama made in recent years about the limits on his executive authority to make sweeping changes in immigration enforcement.
As Q and A opines, if this case goes to the SCOTUS, will the “ObamaCare is a tax” court manage to actually rule as this judge has, that the executive has unconstitutionally exceeded his power? Who knows anymore at this point. After Justice Roberts bent over backwards for Obamacare, one can only wonder whether the SCOTUS will get this one right.
Rep. Chaffetz (R-UT) Asks HSS Jeh Johnson, “Did the President Change the Law?” and What Happened to the Deportation of the Terrorists” Who Entered the US Illegally
An amazing exchange yesterday between Rep. Jason Chaffetz (R-UT) and Homeland Security Secretary Jeh Johnson discussing whether President Barack Obama had the Constitutional authority to change immigration law and what happened to the four terrorists who snuck into the United States illegally. Were they deported? The responses from Johnson were startling, but not unexpected from this corrupt, lawless and lying administration. Jeh Johnson actually had the audacity to call the exert from Obama’s speech suspicious. REALLY SIR? The Obama administration might want to look in the mirror. And you wonder why no one can work with Obama or his administration, their word means nothing.
REP. JASON CHAFFETZ (R-Utah): What do you say to someone who believes the president took action to change the law?
JEH JOHNSON, DHS SECRETARY: We do not change the law, we act within the law.
CHAFFETZ: Can you play the clip? This is from Nov. 25. This is the president in Nevada talking about this (VIDEO).
BARACK OBAMA audio clip: But what you’re not paying attention to is the fact that I just took an action to change the law.
CHAFFETZ: So you say you didn’t change the law, but the president said he changed the law.
JOHNSON: We acted within existing law. We acted within our existing legal authority. Listen, I’ve been a lawyer 30 years, somebody plays me an eight word excerpt from a larger speech, I know to be suspicious. That was very nice.
CHAFFETZ: I’m going to read it back: “Now you’re absolutely right that there have been a significant number of deportations that’s true, but what you’re not paying attention to is the fact I just took action to change the law, so that’s point number one. Point number two: The way the change in the law works…” and he goes on. He’s pretty clear and he is the president of the United States. This is why we have a hard time believing that Homeland Security is doing the right thing.
Rep. Jason Chaffetz (R-Utah.) grilled Homeland Security Secretary Jeh Johnson over his department’s failure to deport four members of a terrorist organization who were captured crossing illegally into the U.S.
During a Tuesday hearing, Chaffetz recalled that Johnson had previously promised four men nabbed crossing the Southern border in early September would be deported. The individuals were thought to have ties to the Kurdistan Workers’ Party, an organization designated as a terrorist group by the State Department.
“Did you deport them?” the Utah representative asked Johnson.
“Uh, no. Not at this point,” Johnson answered.
“What is the disposition of those four people,” Chaffetz pressed.
“Two are detained, the two others were released by the judge — uh, not my preference — they were released by the judge and they fled to Canada and they are seeking asylum in Canada,” the homeland secretary responded, before placing blame on an immigration judge for releasing two of the four men.
Barack Obama Just Admitted to Immigration Hecklers that He Shredded the US Constitution … “I Just Took an Action to Change the Law”
HEY CHIEF JUSTICE JOHN ROBERTS AND THE SUPREME COURT, PAY CLOSE ATTENTION THE WORDS THAT JUST CAME OUT OF PRESIDENT OBAMA’S OWN MOUTH …
While speaking Tuesday in Chicago pandering to Hispanics and discussing his recent executive order regarding amnesty for illegal immigrants, President Barack Obama went off script and actually spoke the truth. Obama stated to the hecklers, “I just took an action to change the law”. It was only last week that the White House was defending Obama’s Unconstitutional executive amnesty order as making changes within the existing law. Hmm, it sounds like he just admitted that he “took an action to change a law, PERIOD! Obama so wanted to be liked by the crowd and garner their cheers and adulation that he spoke the truth. Too bad he had no Constitutional right to do so. To hell with the separation of powers.
“All right, OK. OK. I understand,” Obama told the protesters after letting them go on for some time. “Listen. Hold on, hold on, hold on. Young lady, young lady, don’t just — don’t just start — don’t just start yelling, young ladies. Sir, why don’t you sit down, too?
“Listen, you know — here. Can I just say this, all right? I’ve listened to you. I heard you. I heard you. I heard you. All right? Now I have been respectful, I let you holler. All right? So let me just — nobody is removing you. I have heard you, but you have got to listen to me, too. All right? And I understand you may disagree, I understand you may disagree. But we have got to be able to talk honestly about these issues, all right?
“Now, you’re absolutely right that there have been significant numbers of deportations. That’s true. But what you are not paying attention to is the fact that I just took an action to change the law.”
SNL’s Barack Obama Pushes The Schoolhouse Rock Immigraton Bill Down The Capitol Steps … Making His Own Executive Order
What makes good humor is it has to contain some truth. What makes great humor is it is 100% the truth …
Last night SNL opened the show with a skit that was fantastically funny and pathetically sad all at the same time. For all those who are old enough to remember the School House Rocks, ‘I’m Just a Bill,’ completely understood the biting sarcasm and mockery of the political system. Instead of the way we learned it as kids and the way the US Constitution provides for … “I’m just a bill, yes I’m only a bill, and I’m sitting here on Capitol Hill,” Barack Obama decided to change law on his own. The result, SNL’s I’m an executive order.
As the immigration bill sings to the young boy explaining how a law is made, Obama tosses the bill down the Capitol Hill steps in lieu of his executive order, “I’m an executive order and I pretty much just happen”.
Boy: [After Obama pushes the bill down the Capitol Hill steps] President Obama, what’s the big idea, that bill was just trying to become a law.
Obama: I realize that. But you know son there is an even easier way to get things done around here. It’s called an executive order.
Executive Order: “I’m an executive order and I pretty much just happen”. And that’s it.
Boy: Wait a second, don’t you have to go through Congress at some point?
Executive Order: Awe, that’s adorable. You still think that’s how government works. Ha, ha, ha.
Immigration Bill: [After climbing back up the steps] Don’t listen to them son. Look at the midterm elections, people clearly don’t want this, ahh [Obama pushes the bill down the steps again].
Boy: Mr President, is this Constitutional?
Obama: Of course, Presidents issue executive orders all the time.
Executive Order: That’s right. I could do lots of things. I’ll create national park or a new holiday.
Obama: Or grant legal status to 5 million undocumented immigrants.
Executive Order: Wait, what!!!
Obama: Yup, that’s what you are going to do.
Executive Order: Om my God, I didn’t have time to read myself. Whoa!!! OK, go big or go home, huh?
Finally, the first biting political spoof from Saturday Night Live in a while: the Bill from Schoolhouse Rock explains to a student how he becomes a law, only to be violently beat up by Barack Obama and his new best friend, “Executive Order.”
Even then, the poor Executive Order still thinks he’s used for simple things, like declaring holidays and creating national parks, until Obama informs him that he’s going to be used to grant amnesty to 5 million undocumented immigrants. His reaction: “Whoa.”
Remember When Emperor Barack Obama Said He Did Not Have the Power to Take Executive Action on Immigration?
Not only does the Emperor have no clothes, he has no credibility and no Constitutional authority …
Remember when Emperor Barack Obama said the following:
- “I take the Constitution very seriously, the biggest problems that we facing right now is George Bush trying to bring more and more power into the Executive branch and not go through Congress at all. And that is what I intend to reverse when I am President of the United States of America.”
- “There are enough laws on the books by Congress that are very clear in terms of how we have to enforce our immigration system.”
- “For me to simply through executive order ignore those congressional mandates would not conform with my appropriate role as president.”
- “With respect to the notion that I can just suspend deportations through executive order, that’s just not the case.”
- “There are laws on the books that I have to enforce”.
- “If in fact I could solve all these problems without passing laws in Congress, then I would do so.”
- “This notion that I can change laws unilaterally is just not true”.
Really Mr. President? Because last night when you announced your executive order on immigration, you pretty much did a 180 on every single previous remark you have ever made on the issue. So much for the rule of law and the US Constitution. If Barack Obama cared so much about these families and even went so far to cite scripture, why didn’t he do it sooner? Just curious, does Obama care about the American legal citizens whose families are about t be affected by this influx? How about all the people who came to the United States legally?
The president will also announce plans to shift enforcement efforts, ordering federal law enforcement officers to narrow their focus to those illegal immigrants with criminal records, gang affiliations or ties to terrorism.
And Obama will expand the total number of high-tech visas that are available, as well as loosen restrictions so that more would-be entrepreneurs can travel legally to the United States to launch companies.
The president and other Cabinet and senior administration officials plan to “fan out” across the country over the coming weeks in order to promote the executive actions, according to one aide.
The moves are all aimed at “bringing some accountability to our broken immigration system,” a senior administration official said Thursday.
The biggest change to the immigration system will be a new program that allows the parents of U.S. citizens and permanent residents to apply for work permits and deferred deportation.
An estimated 4 million parents will be eligible for the initiative. They are people who have been in the United States for at least five years and have no felony convictions but are currently in the country illegally.
Emperor Obama Shreds the US Constitution with Immigration Amnesty Executive Order … Obama Rewards the Breaking of the Rule of Law
Barack Obama: If you like your illegal immigrant, you can keep your illegal immigrant …
So this is the way that Barack Obama starts on his promise of wanting to work with the GOP following the Democrat midterm election butt kicking? Tonight, Barack Obama went there and played with matches. Obama started his speech by saying, “Today our immigration system is broken and everybody knows it.” Obama should know it is broken, he helped break it by not enforcing current laws on the books. Tonight, Obama tried to play the emotion and guilt card on Americans saying, let’s be honest, tracking down, rounding up and deporting millions of people isn’t realistic. Anyone who suggests otherwise isn’t being straight with you. It’s also not who we are as Americans.” One usually does use emotion when they can’t stand on the law. Actually, Americans are people who believe in the rule of law and the US Constitution. Obviously, Barack Obama does not.
One has to ask themselves, why now? If this was such an important issue and so vital to America and Latinos, why didn’t he do it back in 2009-2010 when Democrats had control of both the House and the Senate? Why didn’t he do it in 2012 before his reelection? Why didn’t he make this speech and put forth this executive order before the 2014 midterm elections? I think we all know the answer. Sorry to be so cynical, but this president has lost all right to be trusted. Especially when Obama has said over and over gain that he did not have the legal authority to do so. But suddenly … tonight he has the legal authority. So does that mean he had been lying all of the time in the past? Like I said previously, Obama has zero credibility.
Interestingly enough, the ABC, CBS and NBC did not cover Obama’s speech.
Full transcript can be read HERE.
OBAMA: First, we’ll build on our progress at the border with additional resources for our law enforcement personnel so that they can stem the flow of illegal crossings and speed the return of those who do cross over.
Second, I’ll make it easier and faster for high-skilled immigrants, graduates and entrepreneurs to stay and contribute to our economy, as so many business leaders proposed.
Third, we’ll take steps to deal responsibly with the millions of undocumented immigrants who already had live in our country.
I want to say more about this third issue, because it generates the most passion and controversy. Even as we are a nation of immigrants, we’re also a nation of laws. Undocumented workers broke our immigration laws, and I believe that they must be held accountable, especially those who may be dangerous.
That’s why over the past six years deportations of criminals are up 80 percent, and that’s why we’re going to keep focusing enforcement resources on actual threats to our security. Felons, not families. Criminals, not children. Gang members, not a mom who’s working hard to provide for her kids. We’ll prioritize, just like law e enforcement does every day.
But even as we focus on deporting criminals, the fact is millions of immigrants in every state, of every race and nationality still live here illegally.
And let’s be honest, tracking down, rounding up and deporting millions of people isn’t realistic. Anyone who suggests otherwise isn’t being straight with you. It’s also not who we are as Americans.
It wasn’t too long ago when Obama said he wasn’t the Emperor of the United States and his job was to execute laws that are passed.