WASHINGTON – In a House hearing Tuesday, Republicans took aim at President Obama's abrupt reversal of opinion on the legality of using executive orders to effectively grant amnesty to millions of illegal aliens, accusing the president of undermining the Constitution.
“Who should we believe?" asked Rep. Michael McCaul, R-Texas, chairman of the House Committee on Homeland Security. "The president before the election when he said he did not have the authority to take these executive actions, or the president after the election who said he had the authority to take these executive actions?”
Ranking member Rep. Bernie Thompson, D-Miss., and Department of Homeland Security Secretary Jeh Johnson opened the hearing on “the impact of presidential amnesty on border security,” arguing Obama's orders followed a long history of presidents using executive action "to enhance immigration policy.”
But McCaul argued Obama "has changed his tune on this," which "causes the American people to question the authenticity of the president’s actions."
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Thompson insisted Obama’s unilateral action was constitutional and justified because of the inaction of Congress on immigration reform.
“I’m satisfied as a lawyer and as the person who has to come here and defend these actions that we had the authority to take the steps the president took.”
McCaul disagreed, declaring Obama "has undermined our constitutional principles by bypassing Congress."
Through a series of focused questions, Rep. Lamar Smith, R-Texas, got Johnson to admit DHS continues to authorize ICE to release into the United States illegal immigrants with known criminal records.
“I have toughened guidelines to require higher level approval,” Johnson responded, attempting to explain the Obama administration was requiring executive-level approval before detained illegal immigrants with known criminal records were released to the public.
Johnson tried to justify the policy by stressing the illegal aliens covered by Obama’s recent executive orders are not deportation priorities.
“To promote accountability, we encourage those undocumented immigrants who have been here for at least five years, have sons or daughters who are citizens or lawful permanent residents, and do not fall into one of our enforcement priorities, to come out of the shadows, get on the books, and pass national security and criminal background checks," Johnson said.
"After clearing all their background checks, these individuals are eligible for work authorization and will be able to pay taxes and contribute more fully to our economy."
The DHS chief argued that "because of our limited resources, these people are not priorities for removal – it’s time we acknowledge that and encourage them to be held accountable."
"This is simple common sense," he insisted.
Rep. Mike Rogers, R-Mich., pressed Johnson to explain how illegal aliens would prove they have been in the United States for five years.
“The examining officer will demand proof of residence,” Johnson said. “It will not be enough to take a person’s word, saying, ‘Trust me.’”
Rogers disagreed.
“This is an area that will be rife for fraud,” he said, pointing out how easy it is for illegal aliens to produce falsified documentations to meet residence requirements.
“It’s going to be impossible to determine who really qualifies under this broad and unlawful executive action," he said.
Rep. Jeff Duncan, R-S.C., pointed out DHS released 68,000 illegal immigrants with criminal records.
Johnson replied that under Supreme Court decisions, DHS is forced to release illegal aliens that have not been repatriated in six months from the time of their detention.
He argued many countries are not willing to take back foreign nationals that have entered the U.S. illegally.
Under continued questioning by Duncan, Johnson shifted ground, blaming sequestration budget cuts for the need to release illegal immigrants with criminal records.
Duncan asked: “I get asked by my constituents why Congress would pass another immigration when the Obama administration is not enforcing the immigration laws we have on books now."
The congressman said the American people want border security and the deportations of illegal immigrants.
"I believe the American people will be happy with Congress passing a new immigration laws once they have confidence the Obama administration will begin enforcing the immigration laws," he said.
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Under questioning from Rep. Jason Chaffetz, R-Utah, Johnson admitted two of four illegal immigrants detained because they were suspected of being terrorists were released on the order of an immigration judge.
“The two released end up fleeing to Canada, where they are seeking asylum,” Johnson said.
“You are releasing people who have known terrorist records,” said Chaffetz.
“I am getting tired of the Obama administration saying the problem is that Congress will not pass immigration reform," the congressman continued.
"What about the first two years when the Obama administration had a majority in the House and Congress, Republicans brought comedian Steven Colbert to testify and the White House never introduced any immigration reform legislation?”
Rep. Peter King, R-N.Y., said if Obama "is sincere about getting immigration reform legislation, why didn’t he give Congress six months, until July 1, 2015, to pass a bill?”
“I just feel there was bad faith in issuing the executive order at this time, after the election, gives the impression President Obama is trying to undo the impact of the election," he said.