After Obama issued an executive order stopping the processing and deportation of millions of illegal aliens, a Texas judge granted 26 states a temporary injunction against his order. The Justice Department asked for a stay of the injunction, but the Fifth Circuit Court refused to grant the stay. According to the opinion, of the 1.2 million persons who qualify for Deferred Action against deportation, approximately 636,000 non-citizens have been accepted as of 2014. That's 636,000 Republican votes nullified, 636,000 US citizen jobs lost, and the enormous loss of Social Security, disability, health, education, and other benefit resources that are supposed to be reserved for legitimate US citizens.
US law does not permit illegals to vote or even to register to vote, under penalty of prison and heavy fines. Yet, Obama continues to encourage illegals to flood our borders in the hope of converting them into a massive new voting block for Democrats. Although their votes would not be legal, millions of illegal votes would overwhelm and entangle the electoral process and make an honest vote count difficult, if not impossible. Democrats want this because their entire agenda is wildly unpopular with American voters.
This attempt to defraud legal US citizens of their right to control elections has gone on for decades, but only in the past 6 years of the Obama Administration has it reached such threatening proportions. A review of author Ann Coulter's new book Adios America, states "Voter fraud has been the most destructive issue facing the stability of the Republic, it has been perpetrated to elect politicians who would assist Obama to change the Free Enterprise System into a Socialist State." This book should be read by all US citizens who value their right to elect their representative politicians.
Some key excerpts from the "Stay opinion" are clear and will be difficult for the Justice Department to challenge.
- The district court held that the cost to issue driver's licenses to DAPA beneficiaries would be prohibitive; the government has exclusive authority over a particular policy area but declines to act. Texas is likely to meet its burden of evidence. Texas has likely asserted an injury that is "concrete, particularized, and actual or imminent." In fact, all the States named in the brief are likely to satisfy all three requirements of "injury, traceability, and redressability," so the government's challenge to standing is without merit.
- The United States government has not rebutted the strong presumption of reviewability. DAPA's version of deferred action, is more than non-enforcement, it is the affirmative act of conferring "lawful presence" on a class of unlawfully present aliens. The action at least can be reviewed to determine whether the agency exceeded its statutory powers.
- The United States government has no legal precedent. We would expect to find an explicit delegation of authority to implement DAPA, a program that makes 4.3 million otherwise removable aliens eligible for lawful presence, work authorization, and associated benefits, but no such provision exists.
- The United States government has not shown "prosecutorial discretion." The DACA Memo instructed agencies to review applications on a case-by-case basis and exercise discretion, but the court found that those statements were "merely pretext" because only around 5% of the 723,000 applications have been denied. A declaration by Kenneth Palinkas, the president of the union representing the USCIS employees processing the DACA applications, said that "DACA applications are simply rubberstamped if the applicants meet the necessary criteria" and that "The [g]overnment has publicly declared that it will make no attempt to enforce the law against even those who are denied deferred action." It further states that "[R]outing DAPA applications through service centers instead of field offices…created an application process that bypasses traditional in-person investigatory interviews with trained USCIS adjudications officers" and "prevents officers from conducting case-by-case investigations, undermines officers' abilities to detect fraud and national-security risks, and ensures that applications will be rubber-stamped." The United States government has not made a strong showing that it was clearly erroneous to find that DAPA would not genuinely leave the agency and its employees free to exercise discretion.
- The United States government has not shown that DAPA does not require notice and comment. Texas has a quasi-sovereign interest in not being forced to choose between incurring millions of dollars in costs and changing its laws. DAPA establishes the "substantive standards by which the [agency] evaluates applications which seek a benefit that the agency has the power to provide," a critical fact requiring notice and comment, and receipt of those benefits implies a "stamp of approval" from the government.
- The United States government has not shown how the USCIS, nor any other agency within DHS, confers public benefits on DAPA beneficiaries.
In summary, Justice Department made a weak case that was unlikely to succeed. This is hopeful for citizens who likes the US as it is and does not want it turned into a third world country by Liberal Progressive Elites who see themselves as an aristocracy running over us ordinary people. The Justice Department has declared it will not continue its appeal. However, the Democrats have more tricks up their sleeve, to create more legislative power through redistricting.
An article entitled "Crucial Texas Voting Case to be Heard, the American Civil Rights Union Brief Urged Supreme Court to Consider Challenge to Counting Illegal Aliens in State Senate Districting" (May 26, 2015) asserts that Democrats' next ploy is to giving more political power to areas with high illegal alien populations by offering asylum to illegals posing as refugees. The Immigration and Nationality Act of 1952 assigns legal designations for asylum to certain classes of refugees, allowing them lawful US residence. After remaining in the US for a single year, these non-citizens can get a green card. Thereafter, they may be put on a fast track to become citizens, as DACA/DAPA beneficiaries would receive. Not all aliens coming to the US qualify as refugees, but, as DHS busses Somalis across our southern border and relocates them among the US population, the legalities are being deliberately blurred.
The illegal alien issue is of major importance to the status of US elections. As Governor Abbot of Texas stated against the lawlessness of Obama's Justice Department, "Sheer incapability of laws barring entry into this country, coupled with the failure to establish an effective bar to the employment of undocumented aliens, has resulted in the creation of a substantial 'shadow population' of illegal migrants—numbering in the millions—within our borders." Americans are only now becoming aware that Liberal Democrats are using illegal votes to defraud US citizens of their right to run our country. Liberal Democrats have all but ruined cities such as Baltimore and Detroit, where lawlessness dissipates into riots, high murder rates and other crimes that destroy the fabric of American society. If citizens fail to recognize the danger of massive illegal immigration and illegal voting, the Liberal Democrats will establish a permanent majority, inflicting even more devastation upon not only cities, but upon American civilization itself.Don't forget to Like Freedom Outpost on Facebook, Google Plus, & Twitter. You can also get Freedom Outpost delivered to your Amazon Kindle device here.