Barack Obama Part Sixteen

Obama's Planned Executive Action Explicitly Contradicts Statements He Had Previously Made Regarding His Lack of Constitutional Authority to Take Such Action, As Well As Statements He Would Subsequently Make:

* On March 31, 2008, Obama said: “I take the Constitution very seriously. The biggest problems that we’re facing right now have to do with [the president] trying to bring more and more power into the executive branch and not go through Congress at all. And that’s what I intend to reverse when I’m President of the United States of America.”

* On May 19, 2008, Obama said: “We’ve got a government designed by the Founders so that there’d be checks and balances. You don’t want a president who’s too powerful or a Congress that’s too powerful or a court that’s too powerful. Everybody’s got their own role. Congress’s job is to pass legislation. The president can veto it or he can sign it. … I believe in the Constitution and I will obey the Constitution of the United States. We're not going to use signing statements as a way of doing an end-run around Congress.”

* On May 5, 2010, Obama said: “Comprehensive reform, that's how we're going to solve this problem. … Anybody who tells you it's going to be easy or that I can wave a magic wand and make it happen hasn't been paying attention to how this town works.”

* On July 1, 2010, Obama said: “[T]here are those in the immigrants’ rights community who have argued passionately that we should simply provide those who are [here] illegally with legal status, or at least ignore the laws on the books and put an end to deportation until we have better laws. ... I believe such an indiscriminate approach would be both unwise and unfair. It would suggest to those thinking about coming here illegally that there will be no repercussions for such a decision. And this could lead to a surge in more illegal immigration. And it would also ignore the millions of people around the world who are waiting in line to come here legally. Ultimately, our nation, like all nations, has the right and obligation to control its borders and set laws for residency and citizenship.  And no matter how decent they are, no matter their reasons, the 11 million who broke these laws should be held accountable.”

* On October 14, 2010, Obama said, "I can't simply ignore laws that are out there. I've got to work to make sure that they are changed."

* On October 25, 2010, Obama said: “I am president, I am not king. I can't do these things just by myself. We have a system of government that requires the Congress to work with the Executive Branch to make it happen. I'm committed to making it happen, but I've got to have some partners to do it. … The main thing we have to do to stop deportations is to change the laws. … [T]he most important thing that we can do is to change the law because the way the system works – again, I just want to repeat, I'm president, I'm not king. If Congress has laws on the books that says that people who are here who are not documented have to be deported, then I can exercise some flexibility in terms of where we deploy our resources, to focus on people who are really causing problems as a opposed to families who are just trying to work and support themselves. But there's a limit to the discretion that I can show because I am obliged to execute the law. That's what the Executive Branch means. I can't just make the laws up by myself. So the most important thing that we can do is focus on changing the underlying laws.”

* During a March 28, 2011 Univision Town Hall at Bell Multicultural High School in Washington, DC, President Obama said:

“Well, first of all, temporary protective status historically has been used for special circumstances where you have immigrants to this country who are fleeing persecution in their countries, or there is some emergency situation in their native land that required them to come to the United States. So it would not be appropriate to use that just for a particular group that came here primarily, for example, because they were looking for economic opportunity.

"With respect to the notion that I can just suspend deportations through executive order, that’s just not the case, because there are laws on the books that Congress has passed — and I know that everybody here at Bell is studying hard, so you know that we’ve got three branches of government. Congress passes the law. The executive branch’s job is to enforce and implement those laws. And then the judiciary has to interpret the laws.

"There are enough laws on the books by Congress that are very clear in terms of how we have to enforce our immigration system that for me to simply through executive order ignore those congressional mandates would not conform with my appropriate role as President.“

* On April 20, 2011, Obama said: “I can't solve this problem by myself. … [W]e're going to have to have bipartisan support in order to make it happen. … I can't do it by myself. We're going to have to change the laws in Congress, but I'm confident we can make it happen.”

* On April 29, 2011, Obama said: “I know some here wish that I could just bypass Congress and change the law myself.  But that’s not how democracy works.  See, democracy is hard.  But it’s right. Changing our laws means doing the hard work of changing minds and changing votes, one by one.”

* On May 10, 2011, Obama said: “Sometimes when I talk to immigration advocates, they wish I could just bypass Congress and change the law myself. But that’s not how a democracy works. What we really need to do is to keep up the fight to pass genuine, comprehensive reform. That is the ultimate solution to this problem. That's what I’m committed to doing.”

* At the National Council of La Raza's annual meeting in Washington, DC on July 25, 2011, Obama said:

“I swore an oath to uphold the laws on the books, but that doesn't mean I don't know very well the real pain and heartbreak that deportations cause. I share your concerns and I understand them. And I promise you, we are responding to your concerns and working every day to make sure we are enforcing flawed laws in the most humane and best possible way. Now, I know some people want me to bypass Congress and change the laws on my own -- and believe me, right now, dealing with Congress. Believe me -- believe me, the idea of doing things on my own is very tempting. I promise you. Not just on immigration reform. But that's not how -- that's not how our system works. That’s not how our democracy functions. That's not how our Constitution is written.”

* During a September 28, 2011 “Open for Questions” roundtable discussion of issues important to Hispanics, Obama again stated that he could not act on immigration unilaterally: “So what we’ve tried to do is within the constraints of the laws on the books, we’ve tried to be as fair, humane, just as we can, recognizing, though, that the laws themselves need to be changed. … The most important thing for your viewers and listeners and readers to understand is that in order to change our laws, we’ve got to get it through the House of Representatives, which is currently controlled by Republicans, and we’ve got to get 60 votes in the Senate. … Administratively, we can't ignore the law. … I just have to continue to say this notion that somehow I can just change the laws unilaterally is just not true.  We are doing everything we can administratively.  But the fact of the matter is there are laws on the books that I have to enforce.  And I think there’s been a great disservice done to the cause of getting the DREAM Act passed and getting comprehensive immigration passed by perpetrating the notion that somehow, by myself, I can go and do these things.  It’s just not true. … We live in a democracy.  You have to pass bills through the legislature, and then I can sign it.  And if all the attention is focused away from the legislative process, then that is going to lead to a constant dead-end. We have to recognize how the system works, and then apply pressure to those places where votes can be gotten and, ultimately, we can get this thing solved.”

* In September 2012, Obama said: “Now, what I’ve always said is, as the head of the executive branch, there’s a limit to what I can do. Part of the reason that deportations went up was Congress put a whole lot of money into it, and when you have a lot of resources and a lot more agents involved, then there are going to be higher numbers. What we’ve said is, let’s make sure that you’re not misdirecting those resources. But we’re still going to, ultimately, have to change the laws in order to avoid some of the heartbreaking stories that you see coming up occasionally. And that’s why this continues to be a top priority of mine. … And we will continue to make sure that how we enforce is done as fairly and justly as possible. But until we have a law in place that provides a pathway for legalization and/or citizenship for the folks in question, we’re going to continue to be bound by the law. … And so part of the challenge as President is constantly saying, ‘what authorities do I have?’”

* On October 16, 2012, Obama said: “We are a nation of immigrants. … But we're also a nation of laws. So what I've said is, we need to fix a broken immigration system. And I've done everything that I can on my own[.]”

* On January 30, 2013, Obama said: “I'm not a king. I am the head of the executive branch of government. I'm required to follow the law. And that's what we've done. But what I've also said is, let's make sure that we're applying the law in a way that takes into account people's humanity. That's the reason that we moved forward on deferred action. Within the confines of the law we said, we have some discretion in terms of how we apply this law.”

* Also on January 30, 2013, Obama said: “I’m not a king. You know, my job as the head of the executive branch ultimately is to carry out the law.  And, you know, when it comes to enforcement of our immigration laws, we’ve got some discretion. We can prioritize what we do. But we can’t simply ignore the law. When it comes to the dreamers, we were able to identify that group and say, ‘These folks are generally not a risk. They’re not involved in crime. … And so let’s prioritize our enforcement resources.’ But to sort through all the possible cases of everybody who might have a sympathetic story to tell is very difficult to do. This is why we need comprehensive immigration reform. To make sure that once and for all, in a way that is, you know, ratified by Congress, we can say that there is a pathway to citizenship for people who are staying out of trouble, who are trying to do the right thing, who’ve put down roots here. … My job is to carry out the law. And so Congress gives us a whole bunch of resources. They give us an order that we’ve got to go out there and enforce the laws that are on the books.  … If this was an issue that I could do unilaterally I would have done it a long time ago. … The way our system works is Congress has to pass legislation. I then get an opportunity to sign it and implement it.”

* During a Google Hangout on February 14, 2013, an activist asked Obama whether he could unilaterally do more to keep the families of illegal immigrants from being “broken apart.” The president replied, “This is something that I have struggled with throughout my presidency. The problem is, is that I’m the president of the United States, I’m not the emperor of the United States. My job is to execute laws that are passed. And Congress right now has not changed what I consider to be a broken immigration system. And what that means is that we have certain obligations to enforce the laws that are in place even if we think that in many cases the results may be tragic.”

* On July 16, 2013, Obama said: “I think that it is very important for us to recognize that the way to solve this problem has to be legislative. I can do some things and have done some things that make a difference in the lives of people by determining how our enforcement should focus. … And we’ve been able to provide help through deferred action for young people …. But this is a problem that needs to be fixed legislatively.”

* In a Telemundo interview on September 17, 2013, Obama said he was proud of having protected the so-called “Dreamers” — people who came to the United States illegally as minor children — from deportation. But he added that he could not legally do the same for other groups of immigrants. “If we start broadening that, then essentially I’ll be ignoring the law in a way that I think would be very difficult to defend legally,” the president stated. “So that’s not an option.”

* During an Obama speech in San Francisco on November 25, 2013, a heckler yelled to the president that he "has the power to stop deportation." An irritated Obama retorted that he did not have that authority because: "We're also a nation of laws. That's part of our tradition. And so, the easy way out is to try to yell and pretend like I can do something by violating our laws," Obama said, adding: "And what I'm proposing is the harder path, which is to use our democratic processes to achieve the same goal that you want to achieve. But it won't be as easy as just shouting. It requires us lobbying and getting it done."

* On March 6, 2014, Obama said: “I am the Champion-in-Chief of comprehensive immigration reform. But what I’ve said in the past remains true, which is until Congress passes a new law, then I am constrained in terms of what I am able to do. What I’ve done is to use my prosecutorial discretion, because you can’t enforce the laws across the board for 11 or 12 million people, there aren’t the resources there. What we’ve said is focus on folks who are engaged in criminal activity, focus on people who are engaged in gang activity. Do not focus on young people, who we’re calling DREAMers …. That already stretched my administrative capacity very far. But I was confident that that was the right thing to do. But at a certain point the reason that these deportations are taking place is, Congress said, ‘you have to enforce these laws.’ They fund the hiring of officials at the department that’s charged with enforcing.  And I cannot ignore those laws any more than I could ignore, you know, any of the other laws that are on the books. That’s why it’s so important for us to get comprehensive immigration reform done this year.”

* On August 6, 2014, Obama said: “I think that I never have a green light [to push the limits of executive power].  I’m bound by the Constitution; I’m bound by separation of powers.  There are some things we can’t do. Congress has the power of the purse, for example. … Congress has to pass a budget and authorize spending. So I don’t have a green light. … My preference in all these instances is to work with Congress, because not only can Congress do more, but it’s going to be longer-lasting.”

Obama Sees Racism As the Cause of Opposition to Immigration Reform 

In an August 2014 interview with The Economist, President Obama derided "the dysfunction of a Republican Party that knows we need immigration reform, knows that it would actually be good for its long-term prospects, but is captive to the nativist elements in its party."

Armed and Violent Criminals Among the Illegal Border Crossers

In early August 2014, Larry Spence, the sheriff leading the investigation into the brutal slaying of Border Control Agent Javier Vega Jr. by two illegal immigrants who had previously been deported six times between them, reported that local farmers in his county were seeing gangs of Mexicans "in military fatigues" -- some armed with rifles -- walking single-file through their fields. According to Spence, the problem on the border was reaching a crisis point.

Obama Cites "Immigration Rights"

On September 1, 2014 in Milwaukee, President Obama exhorted a crowd of his union-affiliated supporters to vote for Democrats in the upcoming November elections, despite the struggling U.S. economy. Said Obama: “Cynicism is a bad choice…. Hope is what gives young people the strength to march for women’s rights, and worker’s rights, and civil rights, and voting rights, and gay rights and immigration rights.” That “immigration rights” phrase “implies that some people have the right to move here,” said Center of Immigration Studies director Mark Krikorian. “It is supposed to be Congress [which decides who can immigrate], but what the president seems to be saying is that ‘If migrants themselves decides to immigrate, and if they are here long enough, we’ll let them stay.’”

Obama Decides to Delay Issuing Executive Order Against Deportations Until After the November Elections

On September 6, 2014, White House officials announced that President Obama would wait until after the upcoming November elections to issue his highly anticipated executive order protecting millions of illegals from deportation and granting them work permits. Previously, Obama had said he would act to change immigration rules by “the end of summer.” But Democrats pushed the president to delay his action because it would likely harm their party and its candidates in the 2014 midterm elections.

ISIS Terrorists Are Apprehended Crossing Southern U.S. Border

In early October 2014, Rep. Duncan Hunter (R-California) – a member of the House Armed Services Committee – said that “at least ten” al-Qaeda members had recently been apprehended while entering Texas by way of its porous southern border with Mexico. Said Hunter: “If they catch five or ten of them then you know there’s going to be dozens more that did not get caught by the border patrol.”

167,000 Convicted Criminal Immigrants "At Large" in the U.S.

On October 15, 2014, the Center for Immigration Studies (CIS) released a new report (derived mainly from an internal Department of Homeland Security document) indicating that deportations from the interior of the United States were 34% below 2013 levels. The author of the report, CIS director of policy studies Jessica Vaughan, indicated that nearly 167,000 convicted criminal immigrants with final orders of removal were still “currently at large” in the United States. “Prosecutorial discretion as practiced by the Obama administration,” said Vaughan, “has transformed immigration enforcement into a massive catch-and-release program that makes a joke of the law, fails to deter illegal settlement, and allows even illegal aliens who commit crimes to remain here. These policies inflict real harm on Americans and legal immigrants, in the form of lost jobs, depressed wages, additional social services, and even lost lives. In addition, with the rise of ISIS and other terrorist groups around the world, our lax policies represent an unnecessary national security risk.”

Obama Administration to Expedite Family Reunification for Haitians

On October 17, 2014, the Obama administration announced that starting in 2015 it would implement a Haitian Family Reunification Parole Program, which would reduce the delays facing many of the 100,000 Haitians who had already been approved to join family members in the United States and become legal permanent residents but were waiting to receive their visas.

Timeline of the Obama Administration's Non-Enforcement of Immigration Laws

On November 14, 2014, the office of Senator Jeff Sessions (R-Alabama) published the following extensive timeline of instances where the Obama administration had elected not to enforce existing immigration laws:

January 2009: Obama Administration Ends Worksite Enforcement Actions

In early 2009, U.S. Immigration and Customs Enforcement (ICE) executed a raid (initiated and planned under the Bush administration) on an engine machine shop in Bellingham, Washington, detaining 28 illegal immigrants who were using fake Social Security numbers and identity documents. Shortly thereafter, pro-amnesty groups criticized the Administration for enforcing the law. An unnamed DHS official was quoted in the Washington Times as saying, “the Secretary is not happy about it and this is not her policy.” Instead of enforcing the law, the Secretary investigated the ICE agents for simply doing their duty. Esther Olavarria, Deputy Assistant Secretary of Homeland Security, said on a call with employers and pro-amnesty groups that “we’re not doing raids or audits under this administration.”

January 29, 2009: Secretary of Homeland Security Janet Napolitano Delays E-Verify Deadline

Secretary Napolitano delayed the original deadlines of January 15, 2009 and February 20, 2009, which were set by President George W. Bush, for federal contractors to use E-Verify to May 21, 2009.

April 16, 2009: Secretary Napolitano Delays E-Verify Deadline a Second Time

Secretary Napolitano again delayed the deadline for federal contractors to use E-Verify, this time to June 30, 2009.

June 3, 2009: Secretary Napolitano Delays E-Verify Deadline a Third Time

For the third time, Secretary Napolitano delayed the deadline for federal contractors to use E- Verify requirement to September 8, 2009.

March 8, 2010: ICE Inflates Deportation Statistics

According to the Washington Post: “Months after reporting that the number of illegal immigrants removed by U.S. Immigration and Customs Enforcement increased 47 percent during President Obama’s first year in office, the Department of Homeland Security on Monday corrected the record, saying the actual increase in those deported and ‘voluntary departures’ was 5 percent.”

March 16, 2010: DHS Announces Termination of Funding for Virtual Fence Along the Southwestern Border

Secretary Napolitano announced that, effective immediately, DHS would redeploy $50 million of stimulus funding originally allocated for virtual fence technology because “the system of sensors and cameras along the Southwest border known as SBInet has been plagued with cost overruns and missed deadlines.”

May 19, 2010: ICE Director John Morton Announces Termination of Cooperation with Arizona Law Enforcement

In an interview with the Chicago Tribune, Morton stated that ICE would not even process or accept illegal immigrants transferred to ICE custody by Arizona law enforcement, largely because the Administration disagreed with Arizona’s immigration law—which made it a crime to be in the state illegally and required police to check suspects for immigration documents.

May 27, 2010: Internal ICE Emails Reveal Relaxed Security and New Benefits for Detained Illegal Immigrants

An internal ICE email revealed that “low-risk” immigration detainees would be able to have visitors stay for an unlimited amount of time during a 12-hour window, be given access to unmonitored phone lines, email, free internet calling, movie nights, bingo, arts and crafts, dance and cooking classes, tutoring, and computer training.

June 18, 2010: Obama Administration Sues Arizona over Immigration Enforcement Law

The Obama Administration announced that it would sue Arizona to block the implementation of the state’s immigration enforcement law.

June 25, 2010: ICE Union Casts Unanimous Vote of “No Confidence” in Agency Leadership

The National ICE Council, the union representing more than 7,000 agents and officers, cast a unanimous vote of “No Confidence” in ICE Director Morton and Assistant Director Phyllis Coven, citing “the growing dissatisfaction and concern among ICE employees and Union Leaders that Director Morton and Assistant Director Coven have abandoned the Agency’s core mission of enforcing United States Immigration Laws and providing for public safety, and have instead directed their attention to campaigning for programs and policies related to amnesty.” The union listed some of the policies that led to the vote of No Confidence:

- “Senior ICE leadership dedicates more time to campaigning for immigration reforms aimed at large scale amnesty legislation, than advising the American public and Federal lawmakers on the severity of the illegal immigration problem . . . ICE [Enforcement and Removal Operations are] currently overwhelmed by the massive criminal alien problem in the United States resulting in the large-scale release of criminals back into local communities.”

“Criminal aliens openly brag to ICE officers that they are taking advantage of the broken immigration system and will be back in the United States within days to commit crimes, while United States citizens arrested for the same offenses serve prison sentences. . . . Thousands of other criminal aliens are released to ICE without being tried for their criminal charges. ICE senior leadership is aware that the system is broken, yet refuses to alert Congress to the severity of the situation . . . .”

“ICE is misleading the American public with regard to the effectiveness of criminal enforcement programs like the ICE ‘Secure Communities Program’ using it as a selling point to move forward with amnesty related legislation.”

“While ICE reports internally that more than 90 percent of ICE detainees are first encountered by ICE in jails after they are arrested by local police for criminal charges, ICE senior leadership misrepresents this information publicly in order to portray ICE detainees as being non-criminal in nature to support the Administration’s position on amnesty and relaxed security at ICE detention facilities.”

 “The majority of ICE ERO Officers are prohibited from making street arrests or enforcing United States immigration laws outside of the institutional (jail) setting. This has effectively created ‘amnesty through policy’ for anyone illegally in the United States who has not been arrested by another agency for a criminal violation.”

“ICE Detention Reforms have transformed into a detention system aimed at providing resort like living conditions to criminal aliens. Senior ICE leadership excluded ICE officers and field managers (the technical experts on ICE detention) from the development of these reforms, and instead solicited recommendations from special interest groups. . . . Unlike any other agency in the nation, ICE officers will be prevented from searching detainees housed in ICE facilities allowing weapons, drugs and other contraband into detention centers putting detainees, ICE officers and contract guards at risk.”

July 14, 2010: Obama Administration Ignores Dangerous Sanctuary City Policies

Less than a week after suing Arizona to block its immigration law, the Department of Justice announced that it would not sue sanctuary cities, with a spokeswoman stating: “There is a big difference between a state or locality saying they are not going to use their resources to enforce a federal law, as so-called sanctuary cities have done, and a state passing its own immigration policy that actively interferes with federal law.”

July 30, 2010: Leaked U.S. Citizenship and Immigration Services (USCIS) Memo Reveals Obama Backdoor Amnesty Plan

A leaked USCIS memo to agency director Alejandro Mayorkas detailed the Obama Administration’s plan to bypass Congress and grant amnesty by executive fiat. The memo, entitled “Administrative Alternatives to Comprehensive Immigration Reform,” listed a number of ways the Administration could act unilaterally to “reduce the threat of removal for certain individuals present in the United States without authorization” and “extend benefits and/or protections to many individuals and groups,” including many that Obama has since acted on and many that appeared in the Senate comprehensive immigration bill (S. 744).

August 2010: ICE Memo Stops Agents from Detaining Illegal Immigrants at Traffic Stops

In August 2010, ICE began internally circulating a draft policy that would significantly limit the circumstances under which ICE could detain illegal aliens. In effect, ICE agents were no longer authorized to pick up an illegal alien for illegally entering the country or for possessing false identification documents. Now, illegal aliens could only be detained if another law enforcement agency made an arrest for a criminal violation. This was the beginning of what would come to be known as “administrative amnesty.”

August 24, 2010: Reports Surface that DHS Is Closing Deportation Cases

On August 24, 2010, the Houston Chronicle reported that DHS had begun “systematically reviewing thousands of pending immigration cases and moving to dismiss those filed against suspected illegal immigrants without serious criminal records.”

September 8, 2010: Obama Administration Files Supreme Court Brief Supporting Lawsuit Challenging Arizona’s E-Verify Law

The Obama Administration argued that the Supreme Court should strike down Arizona’s 2007 E-Verify law, which was enacted by the state’s former Governor, Janet Napolitano. The law required all employers in the state to use E-Verify and revoked business licenses of those who hired illegal workers. The Supreme Court upheld the law in May 2011, finding that it was not preempted because “although Congress had made the program voluntary at the national level, it had expressed no intent to prevent States from mandating participation.”

September 16, 2010: Leaked DHS Memo Reveals Obama’s Long-Term Plan To Circumvent Congress and Grant “Broad Based” Amnesty

A leaked 10-page memo dated February 26, 2010, detailed how the Administration had “long envisioned” a two-phase “broad based” amnesty plan “legalizing those who qualify and intend to stay here.” The memo states that “during Phase 1, eligible applicants would be registered, fingerprinted, screened and considered for an interim status that allows them to work in the U.S. . . . During Phase 2, applicants who had fulfilled additional statutory requirements would be permitted to become lawful permanent residents [i.e., obtain green cards].” The memo explains how the Administration could proceed “in the absence of legislation,” including several already put in place by the Obama Administration: deferred action; deferred enforced departure; waiver of inadmissibility for certain illegal immigrants; parole-in-place. Remarkably, the memo contemplates the pros and cons of such unprecedented Executive action:

“A registration program can be messaged as a security measure to bring illegal immigrants out of the shadows.”

“A bold administrative program would transform the political landscape by using administrative measures to sidestep the current state of Congressional gridlock and inertia.”

“The Secretary would face criticism that she is abdicating her charge to enforce the immigration laws. Internal complaints of this type from career DHS officers are likely and may also be used in the press to bolster criticism.”

“Even many who have supported a legislated legalization program may question the legitimacy of trying to accomplish the same end via administrative action, particularly after five years where the two parties have treated this as a matter to be decided in Congress.”

“A program that reaches the entire population targeted for legalization would represent use of deferred action far beyond its limited class-based uses in the past (e.g. for widows). Congress may react by amending the statute to bar or greatly trim back on deferred action authority, blocking its use even for its highly important current uses in limited cases.”

“Congress could also simply negate the grant of deferred action (which by its nature is temporary and revocable) to this population. If criticism about the legitimacy of the program gain[s] traction, many supporters of legalization may find it hard to vote against such a bill.”

“The proposed timeline would require a rapid expansion of USCIS’s current application intake capacity. Significant upfront resources would be needed for hiring, training, facilities expansion and technology acquisition, and the only realistic prospect of a source of funding may be a new appropriation.”

“Immigration reform is a lightening rod [sic] that many Members of Congress would rather avoid. An administrative solution could dampen future efforts for comprehensive reform and sideline the issue in Congress indefinitely.”

“Done right, a combination of benefit and enforcement-related administrative measures could provide the Administration with a clear-cut political win. If the Administration loses control of the message, however, an aggressive administrative proposal carries significant political risk.”

“More ambitious measures would have to be carefully timed. We would need to give the legislative process enough time to play out to deflect against charges of usurping congressional authority. . . . This is likely to mean that the right time for administrative action will be late summer or fall [2010]—when the midterm election is in full-swing.”

“The President could make the case that the nation’s economic and national security can wait no longer for Congress. Administrative action is necessary to restores [sic] rule of law by ending illegal hiring, requiring individuals who are unlawfully present to pass background checks or get deported, and guaranteeing that all employers and workers are paying their fair share of taxes. Clearing backlogs of family-based visas would be an added bonus.”

“If the American public reacts poorly to an administrative registration effort, Congress could be motivated to enact legislation tying the Administration’s hands. This could result, in the worst case scenario, in legislation that diminishes the Secretary’s discretion to use parole or deferred action in other contexts. A heated fight could also poison the atmosphere for any future legislative reform effort.”

October 17, 2010: DHS Dismissals of Deportation Cases Up 700 Percent

According to an October 17, 2010 article in the Houston Chronicle, the government dismissed— unsolicited—hundreds of deportation cases, up 700 percent between July and August 2010. The article states that “government attorneys in Houston were instructed to exercise prosecutorial discretion on a case-by-case basis for illegal immigrants who have lived in the U.S. for at least two years and have no serious criminal history.”

December 2010: Internal ICE Emails Reveal Padded Deportation Statistics

On October 8, 2010, Secretary Napolitano and ICE Director Morton announced that in 2010 ICE had “removed more illegal aliens than in any other period in the history of our nation.” On December 6, 2010, however, the Washington Post reported that internal ICE emails revealed ICE had padded its deportation statistics by including 19,422 removals that were from the previous fiscal year. The article also described how ICE extended a Mexican repatriation program beyond its normal operation dates, adding 6,500 to the final removal numbers.

February 15, 2011: DHS Ignores Mandate To Maintain Operational Control of the Border

During a hearing before the House Subcommittee on Border and Maritime Security, Chair Candice Miller announced that, according to the Government Accountability Office (GAO), U.S. Customs and Border Protection maintains operational control of only 69 of the roughly 4,000 miles along the northern border and only 873 of the almost 2,000 miles along the southwestern border. Under the Secure Fence Act of 2006, Congress required DHS to achieve and maintain operational control, which is defined as “the prevention of all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband.”

March 2, 2011: Morton Administrative Amnesty Memo #1

In the first of a series of memos, ICE Director Morton outlines new enforcement “priorities”— convicted criminals, terrorists, gang members, recent illegal entrants, and fugitives. The memo encourages ICE employees to exercise prosecutorial discretion for illegal immigrants who do not meet these priorities and directs ICE field office directors to not “expend detention resources” on certain illegal immigrants.

March 30, 2011: 9/11 Commission Chair Warns Administration’s Delays of Biometric Exit and REAL ID Risk National Security

Testifying before the Senate Homeland Security Committee, 9/11 Commission Chairman Tom Kean warned that “border security remains a top national security priority, because there is an indisputable nexus between terrorist operations and terrorist travel. Foreign-born terrorists have continued to exploit our border vulnerabilities to gain access to the United States.” In his testimony, he highlighted two programs that the Obama Administration had delayed. He emphasized that “full deployment of the biometric exit component of US-VISIT should be a high priority. If law enforcement and intelligence officials had known for certain in August and September 2001 that 9/11 hijackers Nawaf al-Hazmi and Khalid al-Mihdhar remained in the U.S., the search for them might have taken on greater urgency.” He also noted that “no further delay [in compliance with the REAL ID Act] should be authorized, rather compliance should be accelerated.”

May 10, 2011: Obama Declares the Border Secure and the Fence “Basically Complete”

In a speech in El Paso, Texas, Obama stated that his administration has “strengthened border security beyond what many believed was possible” and that the border fence “is now basically complete,” despite the fact that only 33.7 miles of the 700 miles of fence mandated by the Secure Fence Act of 2006 had been completed by that time. Chairman of the House Homeland Security Committee Michael McCaul responded to the President’s claim, stating “the border is not secure and it has never been more violent or dangerous. Anyone who lives down there will tell you that.”

June 1, 2011: Obama Administration Ignores New York’s Refusal to Cooperate with Federal Immigration Agents

New York Governor Andrew Cuomo announced he was suspending New York’s participation in the Secure Communities program, which allows law enforcement agencies to run the fingerprints of those arrested against immigration databases, because of “its impact on families, immigrant communities and law enforcement in New York.” The Obama Administration takes no action.

June 17, 2011: Morton Administrative Amnesty Memo #2

Morton issued a second memo further directing ICE agents not to enforce the law against certain segments of the illegal immigrant population, including those who would qualify for the DREAM Act, despite having no legal or congressional authority to do so and despite the fact that Congress had explicitly rejected the legislation three times.

June 17, 2011: Morton Administrative Amnesty Memo #3

Morton issued a third memo instructing ICE personal to refrain from enforcing the law against individuals engaging in “protected activity” related to civil or other rights (for example, union organizing or complaining to authorities about employment discrimination or housing conditions).

June 23, 2011: ICE Union Outraged Over Morton Administrative Amnesty Memos

The ICE union issued a press release expressing outrage over Director Morton’s actions, stating: “Unable to pass its immigration agenda through legislation, the Administration is now implementing it through agency policy.” The release further stated that ICE leadership and the Administration “have excluded our union and our agents from the entire process of developing policies, it was all kept secret from us, we found out from the newspapers. ICE [leadership] worked hand-in-hand with immigrants rights groups, but excluded its own officers.” Describing ICE policy as a “law enforcement nightmare,” union president Chris Crane stated “the result is a means for every person here illegally to avoid arrest or detention, as officers we will never know who we can or cannot arrest.” The release concluded: “we are asking everyone to please email or call your Congressman and Senators immediately and ask them to help stop what’s happening at ICE, we desperately need your help.”

June 27, 2011: DHS Cover-Up of Backdoor Amnesty Policy Revealed

The Houston Chronicle reported that internal ICE emails and memos revealed that DHS “officials misled the public and Congress in an effort to downplay a wave of immigration case dismissals in Houston and other cities that they had created a ‘back-door amnesty.’” In one instance, DHS Assistant Secretary for Legislative Affairs Nelson Peacock wrote a letter to several members of the Senate Judiciary Committee denying the existence of a directive “instructing ICE attorneys to seek the dismissals of immigration proceedings involving certain classes of criminal aliens”— a directive which not only existed, but had been praised by senior ICE officials.

August 1, 2011: Obama Administration Sues Alabama over Immigration Enforcement Law

The Obama Administration filed a lawsuit to block implementation of Alabama’s immigration enforcement law, which authorizes state law enforcement to act when they reasonably suspect individuals are violating federal immigration laws.

August 18, 2011: Administration Begins Case-by-Case Review of Deportation Cases for Purposes of Granting Administrative Amnesty

In a letter to Senate Majority Leader Harry Reid, Secretary Napolitano announced that the Administration had begun a case-by-case review of all pending and incoming deportation cases and will stop proceedings against those illegal immigrants who do not meet administration “priorities.”