The DOJ filed their admission motion at midnight (Friday) in an attempt to hide the substance from media scrutiny

In November of 2014 when President Obama made his announcement of a sweeping “Immigration Executive Order”, his proposals included more than just deferred amnesty for illegal aliens, his proposal included “work authorization”.
Because the Presidential decree went beyond mere prosecutorial discretion regarding deportation of illegal aliens, the Office of Legal Counsel (OLC) quickly modified the verbiage of the decree from “executive order” to “executive action”.

The executive action went beyond deportation discretion and included granting work authorization. That specific aspect is what immediately became the poison pill within the Obama action.
If all Obama was doing is “not deporting” people, ergo he’s using his executive authority of prosecutorial discretion, and that’s the claim of those who say this is constitutional; well, how or what part of ‘non-deportation’ includes granting “work/employment authorization”?
That specific aspect is where President Obama overreached and initiated an unconstitutional change in labor/employment law. That action clearly violated the separation of powers. That aspect is what also initiated a Federal Judge in Texas to issue an injunction to block implementation. (more…)

Texas Judge Hanen previously blocked execution of President Obama’s “executive action”, the DOJ now seeking to eliminate the injunction….  Hanen is well positioned to have his decision upheld.  However, like all Obama action – nothing is ever actually safe, just because the law is being followed.

(Via Associated Press) Federal appeals judges on Friday peppered lawyers on both sides with questions in a fight over President Barack Obama’s move to shield millions of immigrants from deportation.

A 5th Circuit Court of Appeals panel held a special hearing in a closely watched case that is holding up Obama’s immigration action.

A coalition of 26 states, led by Texas sued to block the plan. The hearing was on an appeal of a Texas judge’s injunction.

The Justice Department argued that Texas has no legal standing in the matter. Texas’ solicitor general countered that granting legal status to immigrants will be costly for Texas.

The judges did not rule and took the case under advisement. (more…)

When Federal Judge Andrew Hanen previously blocked the implementation of Obama’s sweeping immigration “executive action”, the DOJ claimed nothing had been done to begin the rules change.  However, they lied.

From the time of the November 2014 President Obama announcement, to the February 2015 court ruling, the Department of Homeland Security had implemented rules to change the status of over 100,000 illegal aliens.  (link for explanation)

After Hanen’s ruling, the DOJ then tried to backtrack on the initial filing with the court and quietly inform the court –through another filing– that the DHS had already executed the change of status.  Hanen is now calling the Obama administration back to his courtroom to explain why they lied.

BROWNSVILLE, Texas (AP) — The judge who blocked President Barack Obama’s executive action on immigration has ordered the Justice Department to answer allegations the government misled him about part of the plan.

U.S. District Judge Andrew Hanen has ordered federal government lawyers to appear in his court March 19 in Brownsville. The hearing is in response to a filing last week in which the government acknowledged some deportation reprieves were granted before Hanen’s Feb. 16 injunction.

(more…)

Details of the “emergency order” filing are not actually provided in the announcement. Most likely this is because the substantive portion of the blocked presidential action is not anticipated to be a winning argument which would allow a restart.
Any aspect of President Obama’s former “executive action” which would change the legally identified status of illegal aliens by dictatorial fiat would easily lose, even on an appeal action seeking a restart. Meaning his goal to create an entirely distinct status of “eligible alien” for employment or benefit would not pass muster.
However, if Obama merely seeks to reestablish his authority to use prosecutorial discretion -allowing DHS to selectively enforce deportation- he will probably have a greater likelihood of winning the appeal/restart order.
(Via The Hill) Officials at the Department of Justice (DOJ) plan to seek what is known as an emergency stay that would essentially undo a Texas-based federal judge’s injunction from earlier this week. If the stay is granted, the government could restart a pair of executive programs that will shield millions of undocumented immigrants from deportation. (more…)

It must be noted at the beginning of this discussion to remind readers of what is not stated, along with what is.

Back in November of 2014 President Obama announced his intention to “fix a broken immigration system” with his pen. The basic outline was sold by the White House as a pending “executive order”.  However when the immediate debate erupted around presidential authority in that regard most readers will note that an “executive order” was never actually issued. Instead, after delivering his nationally televised speech, Obama directed Jeh Johnson to modify his DHS immigration enforcement approach with what was/is now called an “executive action“.
The difference between what Obama promised to the illegal alien community via an “executive order”, and what was delivered days later via an “executive action” reflects a key legal distinction affirming the reality that an “executive order” -to intentionally subvert legislative authority- would have been unconstitutional.
The White House Office of Legal Counsel knew and advised Obama from the outset an executive order was impossible.   This aspect Obama himself admitted numerous times over the preceding two years to Latino audiences.  (more…)

ICYMI: #Baptists paid $183 million for four months of illegal immigrant childcare | http://t.co/y2hdTDZ3zz http://t.co/HbL7GUJkNS

— Judicial Watch ⚖️ (@JudicialWatch) December 3, 2014

Apparently several websites are all a twitter about recent immigration fraud details released by Judicial Watch.

Taxpayer funds covered free laptops, big screen TVs, $75 per child per day for food, pregnancy tests, and “multicultural crayons”  […] Judicial Watch announced today that on September 9, 2014, it received documents from the Department of Health and Human Services (HHS) revealing that the Obama administration paid Baptist Children and Family Services (BCFS) $182,129,786 to provide “basic shelter care” to 2,400 “unaccompanied alien children” (UAC) for four months in 2014. The BCFS budget included charges for $104,215,608 for UACs at Fort Sill, Oklahoma, and an additional $77,914,178 for UACs at Lackland Air Force Base in San Antonio, Texas. (more)

Back on July 15th, 2014 we posted some details, and a large dose of opinion, about the latest misguided efforts of Glenn Beck’s “Bold and Sanctimonious Tour” – and a strange thing happened…. few, if any, thought our critical outline was controversial.

(more…)

DHS Secretary Jeh Johnson is rumored to be on a very short list of people being considered to replace outgoing Defense Secretary Chuck Hagel.
So with Secretary Jeh Johnson in mind, here’s two aspects toward that end which both align with the proposition, yet you won’t find them openly discussed amid the pages of the Pretorian guard media.

FIRST ISSUE: Back in 2011 when President Obama was s-t-r-e-t-c-h-i-n-g his constitutional boundaries and taking us to {*cough*} war in Libya, via the non-war, war, position and R2P -I digress-there was this pesky little fact of executive overreach with a non-declared war, and Obama’s refusal to request approval from congress.   Perhaps you remember it.
At the time, June 2011, a little known attorney existed inside the Pentagon, Jeh Johnson.  Johnson was the legal counsel for the Pentagon, and as a consequence was also part of the administration’s Office of Legal Counsel (OLC).   Jeh Johnson was part of the OLC who told President Stompy Feet his executive foundation for military engagement was illegal.
(more…)

They’re trying to flood the field ahead of Thanksgiving, it’s brutally obvious.  This is classic use of “the bathtub principle” at work:

Today IRS reports recovery of 30,000 Lois Lerner emails from ’09 to ’11

Today House Intel “Panel” Releases Benghazi Report

Today Obama gives speech on highly anticipated immigration Executive Order

Today media and nation await Saint Louis Mike Brown shooting verdict. 100 FBI agents dispatched to Ferguson

DOJ Releases 40,000+ Fast and Furious documents (emails)

HHS Admits ObamaCare enrollment overstated.

From Truth Revolt

Univision anchor Jorge Ramos described Obama’s executive action on immigration as paying a “debt” to the Latino community. In an interview with Fusion colleague Alicia Menendez, Ramos denied that Obama had kept his promises on immigration in full, since he had pledged to take action in his first year in office. But Ramos concluded:

What President Barack Obama is doing right now is paying a debt to the Latino community, and honestly, it’s an important victory for the Latino community.

https://www.youtube.com/watch?v=rArnWHO6jrY

Riddled throughout President Obama’s Executive Order speech last night was something more than prosecutorial discretion and/or non-deportation.  Extensively disbursed throughout the proposal was a claim of lawful “work/employment status”.

[…]  Now here’s the thing: we expect people who live in this country to play by the rules.  We expect that those who cut the line will not be unfairly rewarded.  So we’re going to offer the following deal:  If you’ve been in America for more than five years; if you have children who are American citizens or legal residents; if you register, pass a criminal background check, and you’re willing to pay your fair share of taxes – you’ll be able to apply to stay in this country temporarily, without fear of deportation.  You can come out of the shadows and get right with the law.

Later in the speech Obama condescendingly referenced the way he views the work of illegal aliens:

…[…] Are we a nation that tolerates the hypocrisy of a system where workers who pick our fruit and make our beds never have a chance to get right with the law?

Because in Obama’s America – Latino’s can only be fruit pickers, yard workers and housemaids right?  I digress. (more…)