When President Obama signed two executive orders one day after his Nov. 20 speech to the nation on immigration, it was widely assumed he was formally implementing his highly controversial plan to delay deportation for up to 5 million illegal aliens in the U.S.
But, as WND was first to report and a federal judge now has confirmed, that isn't what happened.
Obama did sign two executive orders aboard Air Force One in Las Vegas one day later. But they didn't order de facto amnesty for illegal aliens. Instead, Obama relied on a memorandum signed the day of his announcement by Department of Homeland Security Secretary Jeh Johnson, which DHS failed to file in the Federal Register as required by federal administrative law procedures.
The executive sleight of hand took place amid fierce criticism that Obama was violating the Constitution by usurping the power of Congress and changing the law – an action he himself said on at least 22 occasions he lacked the authority to exercise.
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Then came the startling order Feb. 16 by U.S. District Judge Andrew Hanen to temporarily halt Obama's amnesty program, a story WND also broke. Hanen confirmed WND's previous reporting that the issue at hand is not an executive order but the Johnson memorandum.
In a scathing opinion arguing Obama tried to steal Congress' lawmaking powers, the judge affirmed: "Regardless of the fact that the Executive Branch has made public statements to the contrary, there are no executive orders or other presidential proclamations or communiqué that exist regarding DAPA," the Deferred Action for Parents of Americans and Lawful Permanent Residents.
"The DAPA memorandum issued by Secretary Johnson is the focus in this suit,” Hanen stated.
That fact was first reported by WND on Dec. 3, 2014, in an article by WND senior staff writer Jerome Corsi.
The next day, Corsi reported National Archives librarian Jeffrey Hartley, in an email to WND, confirmed no such executive order was ever signed or filed.
Hartley confirmed that neither of the executive orders Obama signed in Las Vegas fulfilled the president's announced plan to defer deportations and grant work permits to up to 5 million illegal aliens.
The Drudge Report linked to WND's original article with the headline “Obama DID NOT SIGN any executive orders implementing amnesty.”
On Nov. 21, 2014, Obama flew to Las Vegas to give a speech at Del Sol High School, where the White House had promoted and media reported he would sign executive orders implementing the amnesty announced the evening before.
But the two orders Obama did sign were unrelated to the delayed deportation. One created a White House Task Force on New Americans and the other empowered the secretaries of State and Homeland Security “to reduce government costs, improve services for applicants, reduce burdens on employers, and combat waste, fraud, and abuse in the system” of issuing immigrant and non-immigrant visas.
Meanwhile, Johnson signed a memorandum titled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents.”
But the memorandum was never filed with the Federal Register as required by the “Guide to the Federal Rulemaking Process."
Further, while the memo was the key to implementing amnesty to the parents of illegal alien children, WND found Johnson signed a total of 10 memoranda expanding the Obama amnesty to include virtually every illegal alien currently in the U.S.
The administration argues the Johnson prosecutorial discretion memo technically is the announcement of a decision to exercise prosecutorial discretion, not a change in rules.
But Hanen said in his 123-page opinion that the DHS "was not given any 'discretion by law' to give 4.3 million removable aliens what the DHS itself labels as 'legal presence.'"
"In fact, the law mandates that these illegally present individuals be removed. The DHS has adopted a new rule that substantially changes both the status and employability of millions. These changes go beyond mere enforcement or even non-enforcement of this nation’s immigration scheme.”
The White House has said it will appeal Hanen's ruling. If the 5th Circuit Court of Appeals in New Orleans does not overrule Hanen, his ruling could stand until a determination by the U.S. Supreme Court.
Ultimately, as Reuters has reported, the fact that Obama implemented his amnesty plan through a memorandum that was not filed with the Federal Register to give public notice and allow for comments in writing could be the plan's undoing.
Hanen argued the failure to register the Johnson memo is a violation of the Administrative Procedure Act. Consequently, as Reuters reported, the Obama administration "faces a difficult and possibly lengthy legal battle" to overturn Hanen's ruling.
Note: Media wishing to interview Jerome Corsi, senior staff writer for WND, please contact us here.