Patriots: For over 26 years, your generosity has made it possible to offer The Patriot Post without a subscription fee to military personnel, students, and those with limited means. Please support the 2024 Year-End Campaign today.

November 4, 2015

Could Obama Circumvent Immigration Injunction?

Don’t get in his way.

Word surfaced earlier this week of a leaked internal Department of Homeland Security memo related to a possible White House plan to circumvent a federal court injunction of Barack Obama’s amnesty plans.

The memo was written to cover proceedings at an off-the-record meeting between DHS officials and the Obama administration that took place over the summer. It reveals a series of possible actions discussed by officials to counteract the February decision by U.S. District Judge Andrew Hanen to block Obama’s executive action to grant amnesty to five million illegal immigrants. That injunction was at least temporarily upheld by the Fifth Circuit Court, with a final ruling expected soon.

Obama’s unilateral move to grant three-year stays of deportation, Social Security numbers, and work permits to illegal aliens far exceeded his authority — as even he admitted on numerous occasions before doing so anyway. Hanen ruled in favor of 26 states contesting that DHS “was not given any ‘discretion by law’ to give 4.3 million removable aliens what the DHS itself labels as ‘legal presence.’”

Hanen went on to add that the actions of DHS and the Obama administration could actually bring more harm than good to the immigrants they seek to absolve. “[I]f the Court denies the injunction and these individuals accept [DHS] Secretary [Jeh] Johnson’s invitation to come out of the darkness,” Hanen warned, “there may be dire consequences if DAPA is later found to be illegal or unconstitutional. The DHS … will then have all the pertinent identifying information for these immigrants and could deport them.”

Obama has never been a fan of following rules that don’t fit his plans. The powwow that took place over the summer demonstrates this in that administration officials came up with four separate action plans to circumvent the court’s injunction. Each option varies in scope from allowing select temporary non-immigrant visas to distributing blanket Employment Authorization Documents (EADs) to millions of illegal aliens.

The idea that Obama would contemplate opening the flood gates to illegal immigrants shouldn’t exactly come as much of a shock. Talk of such an action in the waning days of his presidency has circled the Beltway for years. But is this internal DHS memo an action plan to fundamentally change the makeup of the country, or is it more of a research study laying out a series of options?

Ed Morrissey at Hot Air says it’s more likely the latter. For example, he points out that the pan to mass distribute EADs would be a poor one if it were meant to offer amnesty. An EAD isn’t a green card or a visa, it’s simply a work permit and it doesn’t resolve illegal status. And as stated by Judge Hanen, it would actually make illegals easier to find.

The memo may offer some scenarios for unconstitutional actions by the Obama administration, but it’s light on actual policy prescriptions that lead to a way around Hanen’s stay order. Not that Obama is to be trusted on immigration. House Speaker Paul Ryan said as much this week. And Obama’s team proved it earlier this year when it was revealed that the administration had granted more than 100,000 work permits to illegals while the case was being reviewed by the courts. This subterfuge played a big role in Hanen’s decision to issue an injunction and make it stick.

Where the case will go now may depend on just how far the Obama administration is willing to go to get its way.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the Tunnel to Towers Foundation, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.