President Obama is apparently going to tell the Fifth Circuit Court of Appeals, and by extension the rule of law, to take a hike.
A leaked internal DHS memorandum shows the Obama administration intends to ignore a federal court injunction requiring the suspension of a portion of last November’s amnesty measures, the Hill reported Monday.
The document was produced for a “Regulations Retreat” agency conclave.
Obama has been criticized for acting in violation of Texas Judge Andrew Hanen’s freeze on certain aspects of Deferred Action for Parents of Americans, or DAPA, and Deferred Action for Childhood Arrivals initiatives, or DACA.
The administration has handed out hundreds of thousands of Employment Authorization Documents, or work permits, despite Hansen’s May 26 ruling that doing so is unconstitutional. The leaked document came just days before the court was supposed to decide within whether or not to reverse its injunction, the website reported.
“We live in a nation governed by a system of checks and balances, and the president’s attempt to bypass the will of the American people was successfully checked again today,” said Texas Gov. Greg Abbott May 26 after the Fifth Circuit sided with a lower court on the injunction, the Washington Times reported.
The internal memo viewed by The Hill includes four options considered by the Obama administration regarding EADs for illegal immigrants. Option one would provide work permits to, “all individuals living in the United States,” (including illegal aliens, visa-overstayers, and H-1B guest-workers), while option 4 would provide permits to, “those on certain unexpired non-immigrant visas.”
Giving EADs to any of the covered individuals is in direct violation of Congress’ Immigration & Nationality Act, the website reported.
If Obama were to successfully circumvent the Fifth Circuit’s ruling, 4.3 million illegal immigrants affected since the injunction would benefit.
“Bottom line: The memo foreshadows more tactical offensives in a giant administrative amnesty for all 12 million illegal aliens who’ve broken our immigration laws (and many other laws) that will emerge before the next inaugural in January 2016,” the Hill reported.