Editor’s Note: There is NO CONSTITUTIONAL AUTHORITY for anyone but Congress to write legislation or regulations which citizens are bound to obey. Restore America to a Constitutional Republic. INSTRUCTING legislators is every Tennessean’s duty under our State Constitution.
A pair of leaked memos shows the Department of Homeland Security is planning to circumvent the federal-court ruling that bars implementation of President Obama’s executive orders on immigration, according to Senate Judiciary Committee chairman Charles Grassley.
“It appears as though individuals in your Department could be actively engaged in attempting to skirt the injunction issued in February by the District Court for the Southern District of Texas,” Grassley wrote to Homeland Security Secretary Jeh Johnson in a letter released Friday.
Grassley based his charge on two memos outlining four possible ways of providing illegal immigrants with documentation that would expand the pool of jobs available to them. The “most inclusive” of the options is designed in part to assist those who would qualify for the program blocked by the District Court’s ruling, to the consternation of Republicans.
Grassley and his colleagues regard every option as an executive overreach in the making. “Such a regulation would constitute yet another illegal ‘executive action’ that would not only directly contravene the will of Congress, but, could also directly violate the injunction on the Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”) and the Deferred Action for Childhood Arrivals (DACA) programs ordered by the District Court for the Southern District of Texas in February,” the letter says.
That might be the point of the new regulation. One of the two memos observes that the “most inclusive” of the four options “may authorize the presence of certain individuals who are not here lawfully and address the needs of some of the intended deferred action population.” It goes on to predict the lawmakers’ complaints. The “most inclusive” option “may be viewed as facilitating or supporting illegal immigration,” it says. Though the authors recommend implementing one of the less inclusive options to avoid that problem, they concede that even these alternatives “may be viewed by Congress as an attempt to circumvent other programs.” And the memo notes a populist concern that any one of the plans “may be viewed as saturating the U.S. labor market with foreign workers taking job opportunities away from U.S. workers.”
— Joel Gehrke is a political reporter for National Review.