Arizona's Challenge of "Deferred Action" Amnesty

[TBoneTX 45,568]

Before the usuals mindlessly begin to trash "WorldNutDaily," this article is by a former Congressman, and it could have been published anywhere. Concentrate on the content, please,and let's have some thoughtful responses, si man.

To view this item online, visit http://www.wnd.com/2012/08/arizona-challenges-obama-again/

BORDER BATTLELINES

ARIZONA CHALLENGES OBAMA, AGAIN

Exclusive: Tom Tancredo backs Gov. Brewer for bucking BHO's amnesty decree

by TOM TANCREDO

Tom Tancredo is the founder of the Rocky Mountain Foundation and founder and co-chairman of Team America PAC. He is also a former five-term congressman and presidential candidate. Tancredo is the author of "In Mortal Danger: The Battle for America's Border and Security."

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Once again, Arizona stands tall.

Arizona’s governor, Jan Brewer, has signed an executive order forbidding any state agency from treating illegal-alien recipients of the Obama amnesty as lawful residents for purposes of state benefits and public services.

Americans who have been waiting for some congressional action to block the Obama decree will applaud Gov. Brewer’s action. Unlike House Speaker Republican John Boehner, Arizona is not intimidated by Obama’s unconstitutional usurpation of congressional authority to make new immigration law.

Gov. Brewer issued that executive order on the same day Obama’s new “deferred deportation” policy took effect. Brewer is drawing a line in the sand with regard to the amnesty’s impact on the Arizona budget. Brewer in effect is saying, “All right, Mr. President, you won’t deport them, but we don’t have to treat them the same as legal immigrants.”

But thus far, no one has noticed that there might be more at stake in this challenge than a change in Arizona’s budget outlays. What may be at stake is the legality (and thus, the sustainability) of Obama’s unconstitutional amnesty decree.

Brewer’s order certainly will be challenged immediately in federal court by Obama’s Justice Department, and the case will end up in front of the 9th Circuit and eventually the U.S. Supreme Court. That would be a good thing – for two reasons.

Concerned about the impact of illegal aliens on the United States? Don’t miss Tom Tancredo’s book, “In Mortal Danger: The Battle for America’s Border and Security” – now just $7.95!

Taking this challenge to the U.S. Supreme Court achieves two important goals. First, it will give that court an opportunity to rethink and improve upon its June decision establishing a novel and self-contradictory doctrine of federal pre-emption of immigration law. In that June ruling, the Supreme Court denied to Arizona the right to assist or supplement federal enforcement of immigration law even when the same federal government has decided – for foreign policy reasons! – NOT to enforce that law.

That perverse doctrine of pre-emption is profoundly antithetical to the cornerstone principle of federalism, and it needs to be challenged and overturned. But there is a second reason to hope the Obama administration is foolish enough to take Arizona to court again.

To make a winnable case in defense of its actions, Arizona must argue that not only is the state within its rights to take this action, but the Obama-Napolitano “deferred deportation” administrative amnesty is itself illegal because it directly contradicts the expressed will of Congress. I say “expressed will of Congress” because Congress has five times in the past decade, and most recently in December of 2010, rejected the “Dream Act,” which is the template for the Obama decree.

This is an important legal point because of Justice Kennedy’s reasoning in his June decision expanding the doctrine of federal pre-emption of state law. Kennedy said there needs to be some explicit congressional action as the basis for a federal-state partnership in enforcing any particular immigration law. Thus, Congress’ explicit rejection of the “Dream Act” is an adequate basis for Arizona’s authority to disallow Obama’s administrative overturning of that act of Congress.

For these reasons, a challenge to Arizona’s obstruction of the Obama amnesty should not be feared; it should be welcomed and celebrated. Moreover, other states should follow Arizona’s example and should start preparing to join in Arizona’s defense.

Arizona was compelled to take this action for many reasons, not the least of which is fiscal necessity. If the Obama amnesty program is fully implemented without challenge, states will have to offer these 2 million or more illegal aliens – and you can bet the number will grow because of widespread document fraud – all the same privileges and benefits afforded to legal immigrants: driver’s licenses, in-state college tuition, Medicaid enrollment, unemployment compensation and so forth.

Arizona, like many states, is struggling to balance its budget, having raised the state sales tax to do so. Adding this new burden on the state’s taxpayers by federal decree – and doing it for transparent partisan political reasons – is anathema to a majority of Arizona’s citizens. Gov. Brewer is acting in the interest of Arizona taxpayers, and her actions will be hugely popular.

Will other governors step forward and join Arizona? Which Republican governor will be the first to join her? Will citizens demand that they do so?

Yes, Arizona stands tall in rejecting Obama’s illegal amnesty decree. Now would be a good time for other Americans to join that battle.

[IR5FORMUMSIE 850]

Before the usuals mindlessly begin to trash "WorldNutDaily," this article is by a former Congressman, and it could have been published anywhere. Concentrate on the content, please,and let's have some thoughtful responses, si man.

I am personally opposed to any form of expedited immigration where those who, for whatever reason, are in the United States of America illegally. Not only does this send an inappropriate message it marginalizes and debases those who have and continue to navigate the immigration process within the parameters of the law. Amnesty, along with expedition of processing for those individuals who abie by the I.N.A. would have been a fair and equitable solution the problem. As it stands now, the illegals' children will enjoy fruit of the poisoned tree. While I might opine at length about whether President Obama's action were/are appropriate and if Governor Brewer's actions raise the spectre of the slippery slope argument of a rogue state being able to usurp the authority of the federal government, such discourse would hardly be productive. If illegal immigrants pay their taxes and keep out of trouble then any concerns with respect to public safety or charge will be greatly ameliorated and that appears to be the crux of the argument. One if by land, several million by Obamee, man!

[I AM NOT THAT GUY 5,715]

Open borders are the solution. Why should legal residency be determined by an accident of birth?

Edited August 19, 2012 by The Patriot

[Ban Hammer 13,416]

Concerned about the impact of illegal aliens on the United States? Don’t miss Tom Tancredo’s book, “In Mortal Danger: The Battle for America’s Border and Security” – now just $7.95!

just ordered it for less than that, including the shipping.

[I AM NOT THAT GUY 5,715]

just ordered it for less than that, including the shipping.

Is Mr. Tancredo paying for the advertising here?

[Ban Hammer 13,416]

Is Mr. Tancredo paying for the advertising here?

why?

[I AM NOT THAT GUY 5,715]

why?

By way of example, and not as a limitation, you agree that when using the Service, you will not:

Advertise or offer to sell any goods or services for any commercial purpose, other than in areas of the Service that are intended for such uses.

http://www.visajourney.com/content/terms

Edited August 19, 2012 by The Patriot

[Ban Hammer 13,416]

did you even read the op?

[I AM NOT THAT GUY 5,715]

did you even read the op?

tl;dr

[Neonred 3,576]

Open borders are the solution. Why should legal residency be determined by an accident of birth?

:rofl:

[I AM NOT THAT GUY 5,715]

:rofl:

I'm serious. I am a firm believer in equilibria.

[SaharaSunset 165]

I say AMEN to Arizona!

[Ban Hammer 13,416]

tl;dr

perhaps you should in the future to prevent looking silly.

[DaveE 178]

Nebraska follows suit.

Nebraska

[I AM NOT THAT GUY 5,715]

perhaps you should in the future to prevent looking silly.

Reported!