STRIKE 2: Fifth Circuit Court of Appeals Deals Another Blow to Barack Obama’s Executive Amnesty

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

25 Year Old Illegal Immigrant Hermes Rivera Accused of Raping 10 Year Old Girl in Kenner, LA

Hey Jeb Bush, remember when you defended illegal immigration an “act of love”

25 year old illegal immigrant Hermes Rivera has been arrested and charged with 3 counts of aggravated rape against a 10 year old girl. Hermes Rivera, the undocumented child rapist and sex offender was the boyfriend of the 10 year old girl’s mother. The girl’s mother discovered a video on her daughter’s cell phone claiming they “made love.” Um, made love with a 10 year old? The police said the acquaintance confronted Rivera, who admitted to engaging in sex acts with the young girl because she had asked him to do so. Really, sure she did. A 10 year old asked him to do so and he obliged? What a sick SOB. Hermes Rivera remained in custody Monday; no bond has been set.

Does this mean he is now a documented illegal as he is a child sex rapist? What are the odds that this heinous act will not even get him deported.

hermes-rivera_The Kenner Police Department

undocumented sex offender

A man living in Kenner has been charged with three counts of aggravated rape against a 10-year-old girl after the victim was seen in a video claiming they “made love,” police said.

The mother of the girl found the cell phone video on Thursday, April 16, 2015. It was recorded by her daughter. On it, the victim alleged that she and her mother’s boyfriend had “made love” three times.

After confronting her daughter, police said the 10-year-old victim told her mother it happened in their bedroom.

25-year-old Hermes Rivera admitted to police that he had sex with the victim three times between March and April 3, 2015.

Kenner Police Chief Michael J. Glaser urges anyone with information concerning Hermes Rivera, to call the Kenner Police Detective Joseph McRae at (504) 712-2330 or Crimestoppers at (504) 822-1111.

Donald Trump at the 2015 NRA-ILA Leadership Forum at Annual NRA Meetings in Nashville, TN … “Barack Obama Completely Incompetent”

Donald Trump at NRA-ILA Leadership Forum … I promise you one thing, if I run for president and I win, the Second Amendment will be totally protected.”

During Trump’s speech before the NRA, The Donald called Barack Obama completely incompetent and doesn’t know what he is doing and he said that we have negotiators dealing with the Iran nuclear deal that have no clue. Donald Trump said that the negotiators should read his book, ‘The Art of the Deal’. We have people who don’t know what they are doing. Trump said we need a new president, we need new leadership, we need strength, and we need people who are respected.

Donald Trump went on to say, “I don’t know if he [Obama] has the interest of the country, he probably does, but as I said, I think the whole group lead by the leader is grossly, grossly incompetent.” Trump also went on to talk about the US economy, illegal immigration and jobs being sent to Mexico.

I would actually have to disagree with Donald Trump, I don’t think Obama is incompetent at all, I think he is purposely trying to destroy America from within. One does not spit on your allies and shake hands with dictators and make deals with countries who want to see your annihilation, unless you mean to.

POROUS SOUTHERN BORDER: Increase in Sex Offenders Crossing the Mexican Border into the United States

FANTASTIC, NOW OUR POROUS SOUTHERN BORDER IS ALLOWING SEX OFFENDERS TO SNEAK INTO THE UNITED STATES.

When is the United States government actually going to care enough to actually prevent illegals for entering into the United States unlawfully? Now we have the US Border Patrol reporting that we have a spike in sex offenders entering illegally into the United States through Mexico. But I guess this is just more of those folks that Jeb Bush says come to America as an “act of love.”  I guess this is a special kind of love, Jeb. The Border Patrol is discussing the sex offenders that have been apprehended, imagine the number of the ones that have not? When will we ever wake up and protect our borders? We are supposed to be a sovereign nation with laws and borders, yet we act as if we do not care. First illegals. now sexual predators and coming soon … ISIS.

When is our government ever going to protect We the People? It is bad enough we let illegals into the country for political purposes in an effort to bolster the Democrat vote and to create low wager earners by the Corporate capitalists. Now we let sexual predators in to rape and sexually assault women and children. WHEN DOES IT END!!!

US Border Patrol

The Border Patrol is reporting a severe spike in sex offenders sneaking into the U.S.

According to the feds, illegal immigrant sex offenders have been caught in every corner of the Rio Grande Valley.

Border Patrol agents are running into more sex offenders this year than last year.

Within the last five months, 144 apprehended.

During the same time last year, 93 sex offenders were caught trying to fly under the radar.

In December, a woman from El Salvador was picked up, who was convicted of child sex assault back in 2009. It reportedly happened in Dallas County.

Later that month, three Mexican nationals were caught near Harlingen.

In February, seven sex offenders were rounded up near McAllen, Harlingen, Falfurrias and Kingsville.

Less than a week later, another two Mexican nationals were caught. Two days ago, two Guatemalan men were arrested.

The sex offenders go to great lengths to avoid capture. Agents said they often travel through South Texas brush and try to blend in with large groups of illegal immigrants.

Accused Rapist Syed Sirf Khan Dragged From His Jail Cell in India By Mob, Lynched and Killed

LOOK HOW THEY TREATED AN ILLEGAL ALIEN RAPIST IN INDIA ….

A mob consisting of thousands stormed a jail in the northeastern Indian city of Dimapur, seized the accused rapist, marched him through the streets and then lynched him. Syed Sirf Khan, accused by locals of being an illegal migrant from Bangladesh, was arrested on February 24 on suspicion of raping a woman from a Naga tribal community. It would appear that the Dimapur saved the formalities of a trial or incarceration by using mob justice and taking care of the matter themselves.

After the rape accused was caught, he was stripped naked, paraded and beaten up by a mob while the police personnel remained silent spectators, security sources said. The accused later died of severe beatings after being paraded naked from Central Jail to the Clock Tower Junction in the heart of Dimapur.

The body was dragged and later strung on the fencing under the Clock Tower Junction where armed personnel were seen standing with the crowd, security sources pointed out while clarifying that a total of 186 prisoners were lodged in the prison. Three convicts among the prisoners also tried to escape, taking advantage of the melee, but were later caught by the prison personnel, security sources said.

Here is an interesting back story of the events in how it relates to illegals.  The local residents told this newspaper that the incident was a manifestation of the prevailing tension between the suspected illegal immigrants and local Naga residents of the area. Pointing out that large number minority youths, who came in search of jobs and livelihood to the state, got married to Naga girls and settled in the area, they said this creating a fear of demographic invasion among the tribal population of the state. But I guess if this same illegal came to the United States, he would have been provided a drivers license, pathway to citizenship, amnesty and income tax refunds all at the expense of John Q. Public. Also, had he raped some one in America, Obama’s policies would have just have allowed him to remain here and not be deported.  The point here is not to justify mob rule, although dealing with a rapist like this was swift justice. The point is that don’t ever let anyone tell you that the US treats illegals poorly. If anything, these days they are treated better than American, law abiding citizens.

India_mob kills rapist

Click HERE or on PIC to watch VIDEO via NDTV

The New York Times:

A mob of thousands stormed a jail in the northeastern Indian city of Dimapur, seized a prisoner accused of rape, paraded him through the streets and beat him to death before they could be stopped by police gunfire, a police official said on Friday.

The dead man, identified by the authorities as Syed Sirf Khan, was accused by locals of being an illegal migrant from Bangladesh and had been arrested on Feb. 24 on suspicion of raping a woman from a Naga tribal community the day before.

How the mob was able to overcome armed police officers on Thursday at the jail in Dimapur, the commercial hub of Nagaland State, was not clear on Friday. The top police official in Nagaland, L. L. Doungel, said that because there were a number of students wearing uniforms in the crowd, the police did not want to resort to violence.

“There would have been a lot of casualties,” Mr. Doungel said. “That was one reason. The mob was in the thousands.”

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?

VIDEO

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.”

Obama_IRS scandal

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.

Obama_imperialpresident

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.

Hypocrisy Meter

Transcript from RCP:

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.

The Blaze:

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.

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