USC I130 Petitioners Should file a Class Action Lawsuit against the Obama Administration

[f&c 50]

The comments I am reading is the reason why this country is in serious trouble. Illegal immigrants really believe they have rights in this country. Obama had no right in the case of immigration law to bypass congress. Many critics believe it is unconstitutional. In terms of immigration law congress is the one who makes laws. Even a current case in front of the supreme court now against the Obama administration where he bypassed congress for labor board appointments the supreme court is about the go against the Obama administration. If the courts strike down Obama's executive order DACA and without congress approval then how are these children of illegal immigrants be able to stay here legally. Our economy is weak and there are not enough jobs for United states citizens just to give amnesty to all these people. In the case of USC immediate relative petitions DACA is the reason why there is a huge backlog. The Obama administration is responsible for that. Federal law dictates USC immediate relative petitions have priority over all petitions. The law is clear. These issues need to be debated during this election year. United States Citizens need to be more involved in the immigration reform debate and not allow pro amnesty groups and others to bully the American people into accepting this nonsense.

Every person within the borders of the Unites States have rights and are protected by the Constitution, but illegals are ineligible for many privileges, benefits, etc...As someone stated earlier, every president has Executive Order power at their disposal. Whether or not using them to circumvent Congress is unconstitutional will be for the courts to decide. The labor board appointment case pertains to a president's use of recess appointments while Congress is out of session and the definition of "in and out of session." It's a bit different than Executive Orders in general.

DACA is only one reason among many for the USCIS backlog. The jobs issue is always brought up with illegal immigration. Many of these illegals are field workers, bus people, day laborers--jobs most citizens are unwilling to take. Immigration reform will be an interesting debate. There are some decent proposals out there.

Edited January 26, 2014 by f&c

[Jawaree 717]

AHHHhhhhhhhhhhhh BBQ talksdying to here te outcome of this suit

Edited January 26, 2014 by Jawaree

[Kaylara 814]

If there aren't enough jobs for USCs why allow any immigrants at all? More particularly why allow all those work visas to be issued? (Alternatively why keep changing your argument...?)

Some of you may find this interesting:

http://www.presidency.ucsb.edu/data/orders.php

Thank you so much for posting this info, I had been looking for it. People seem to think that Executive Orders are something new, for some reason.

[f&c 50]

Thank you so much for posting this info, I had been looking for it. People seem to think that Executive Orders are something new, for some reason.

FDR was not shy at all...lol

[SusieQQQ 11,586]

FDR was not shy at all...lol

Well, there was that small matter of a war....

Still Obama is well behind his more immediate predecessors on the number of executive orders.

[f&c 50]

Well, there was that small matter of a war....

Still Obama is well behind his more immediate predecessors on the number of executive orders.

Haha...and The Great Depression. He had lot on his plate to say the least.

Obama still as 3 years left to catch up...lol. The opposite political party will always gripe about executive orders no matter who is president. Love the two party system!

[SusieQQQ 11,586]

Haha...and The Great Depression. He had lot on his plate to say the least.

Obama still as 3 years left to catch up...lol. The opposite political party will always gripe about executive orders no matter who is president. Love the two party system!

Lol!

They do break it down by term though and he has been pretty restrained vs the others. So far anyway

[NickD 202]

When I was petitioning for my wife and stepdaughter, read that the USCIS was handing out green cards to refugees coming here from Cuba.

Suggested to my wife, I could trailer my boat down to Florida, build a raft, take her and her daughter around 5 miles out, put them on this raft, then go about a mile away and call the Coast Guard to pick them up. This way we wouldn't have to go through all this USCIS BS and expense.

She didn't like this idea, but was just kidding anyway. But would be the easiest and cheapest way to get a green card. Also understood that many criminals were getting green cards without all these background checks .

[sara..... 371]

I am just starting another visa journey....i swore after the mess the first one was i would never ever again attempt one.........yet here i am

the point i want to make is that people that want to bring their love ones to the states will jump thru any hoop that we are given...we will put up with anything that is dished out to us all because we want our loved one with us....

until

the people that provide the service to us is forced to revamp its self it will always be like this you cant take legal action against them you can try but it wont go anywhere.......boycotting might make an impression money is lost here in the states and at embassy level over seas........but thats not going to happen as it would mean most of us moving over seas so that we can be with our s/o the only avenue really open to us is petitions and trying to get enough media attention so that there is a focus on problems and hardships that we are forced to endure ....we can try to force change by electing government officials that have a heart for our needs in this area but unfortunately our problems are at the bottom of the list of priorities for anyone in office

I dont know the real answer to correct this problem but im willing to help if a real solution is possible

sara

[Monalisa22 84]

Many of Obama's most controversial power plays have come through means other than executive orders. Here are some examples:

•Deferred Action for Childhood Arrivals (DACA). This policy, announced by the Department of Homeland Security in 2012, came via a memorandum that directs authorities to exercise "prosecutorial discretion" in dealing with some young undocumented immigrants.

If they meet the criteria for eligibility, they are shielded temporarily from deportation and allowed to work. The DACA program enacted many of the goals of the failed DREAM Act legislation, though it does not create a path to citizenship.

Critics say that waiving deportation laws for more than a million people is not "prosecutorial discretion" – it's policymaking by executive fiat, usurping the role of Congress. Simon Lazarus, senior counsel at the Constitutional Accountability Center, disagrees, calling DACA "perfectly compatible with the president's discretion in the immigration area."

Ten immigration agents challenged DACA in federal court, saying the policy undermined their duty to enforce the law. Last summer the judge threw out the case on jurisdictional grounds, but suggested DACA was inherently unlawful.

Politics also infused how both sides handled DACA. For Obama, it was an obvious play for the Latino vote ahead of the 2012 election. For congressional Republicans, even if they could have attained "standing" to sue – a major problem in efforts to challenge executive action – acting to undo a policy that helps sympathetic young immigrants would have been bad politics. So they chose not to fight it.

Key point: but suggested DACA was inherently unlawful.

http://news.yahoo.com/barack-obama-imperial-president-182313136.html

[Monalisa22 84]

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Judicial Watch: Homeland Security Documents Reveal DHS Abandoned Required Illegal Alien Background Checks to Meet Flood of Amnesty Requests Following Obama's Deferred Action for Childhood Arrivals Directive

http://finance.yahoo.com/news/judicial-watch-homeland-security-documents-200505064.html

[Monalisa22 84]

Some on here are missing the point. Yes presidents have been using executive orders forever. However not all executive orders are legal. At some point DACA will be ruled as unconstitutional.

[David & Diana R 1,005]

USCIS is part of the Executive Branch, they di what they were told to by the head honcho of the Executive Branch. No need to over complicate it.

Boiler I agree.

And the name of the "head honcho" at the executive branch is???______________________

[f&c 50]

Some on here are missing the point. Yes presidents have been using executive orders forever. However not all executive orders are legal. At some point DACA will be ruled as unconstitutional.

Many thought that the ACA (I know it's not an executive order) would be found unconstitutional, but we all saw what happened. The DACA situation will be interesting to follow.

[David & Diana R 1,005]

Some on here are missing the point. Yes presidents have been using executive orders forever. However not all executive orders are legal. At some point DACA will be ruled as unconstitutional.

We can only hope. Unfortunately it will be too late. All of these, well let's just call them "illegal entrants" will be US citizens or well on their way to achieving that goal. Does anyone think that perhaps Obama did this to get the Latino vote?

Edited January 27, 2014 by David & Zoila