Wednesday, August 24, 2011

OBAMA, JOHN MORTON AND THE PROSECUTORIAL DISCRETION MEMO

There has been an e-mail blast, making the rounds of the internet, claiming that Obama has implemented the Dream Act by executive order.
This is not true. I repeat, this is not true. Please, if you receive an e-mail, making this claim, disregard it as disinformation. Who started this disinformation is not known; suspicions, however, point to "friends of Obama" who run on the mantra "never let a good crisis go to waste." More on that below.
What is true is that John Morton of ICE issued a memo, dated June 17, 2011, on "prosecutorial discretion." That memo can be read, in its entirety here.
I have suspected, from the outset, that Obama had a hand in the writing of this memo. That suspicion was confirmed yesterday, when I was directed, via an e-mail from an activist, to a White House blog.
Issued two months and one day after the John Morton memo, the White House blog entry, at the above link, states the following:
Under the President’s direction, for the first time ever the Department of Homeland Security has prioritized the removal of people who have been convicted of crimes in the United States.
Why has this blog entry appeared now – two months and one day after the John Morton memo? Good question. One I asked myself as news sources, around the country, began picking up on the blog entry and the issue became fodder for the evening news.
One possible answer is that a lot of Senators and Representatives have been hearing from constituents regarding this memo. We can only hope that to be the case. In the blog entry, Obama refers to the prosecutorial discretion memo as "common sense guidelines", that takes into account, when deporting illegal aliens, things "like a person’s ties and contributions to the community, their family relationships and military service record."
There is also the possibility that the blog is for more nefarious purposes – explained by the Obama mantra of "never let a good crisis go to waste." The issue of illegal aliens in this country, the effect on local economies and Americans, is reaching a boiling point. This memo effectively tells illegal aliens that they are home free. Any attempt, at this point, to rid this country of their presence will result in more riots, demonstrations, crimes committed against Americans, etc, as illegal aliens become bolder in their demands that they be allowed …
to remain in the United States;
to take jobs that should go to Americans;
participate in free health care and free education;
all the perks and benefits of Americans without being Americans.
As with Obama's deliberate fomenting of racial tension between blacks and whites, it appears his underlying goal is to create racial tension between Americans and the invading force of illegal aliens. For those who have studied history, this was also a tactic of Hitler to divide the masses into warring camps who did not realize their greater enemy was Hitler and his national socialist ideology. As Hitler was a Nazi, Obama is a Marxist, two heads with the same snake body.
The following is a e-mail blast, sent out by La Raza (means "the race"), a pro-illegal-alien group pushing a "Reconquista" agenda, following Obama's addressing of that group in July, 2011:
We received some positive news!
Last month at the 2011 National Council of La Raza (NCLR) Annual Conference in Washington, DC, President Barack Obama discussed congressional inaction on immigration reform and acknowledged that the Latino community expects his leadership and has called on him to take action to stop the record number of deportations that continue to separate families.
He said, "We have a system that tolerates immigrants and businesses that break the rules and punishes those that follow the rules. We have a system that separates families and punishes innocent young people for their parents" actions by denying them the chance to earn an education or contribute to our economy or serve in our military. These are the laws on the books. I swore an oath to uphold the laws on the books. But that doesn't mean I don't know very well the pain and heartbreak that deportations cause. I share your concerns and I understand them…And I know some people want me to bypass Congress and change the laws on my own."
To that, the crowded erupted with a chant of, "Yes you can!"
Well, that message registered loud and clear. While the president didn't change any laws, the Department of Homeland Security (DHS) has announced important steps that the agency will be taking to better focus immigration enforcement resources to enhance public safety. Like all law enforcement agencies, DHS has limited resources that should be used to focus on the people who have committed serious crimes and who pose a grave threat to public safety. Focusing on the greatest threats is just plain common sense when it comes to law enforcement.
Call President Obama at (866) 998-2910 and thank him for putting public safety first!
So what does all this mean?
DHS has created a process that includes an interagency team of senior leaders in DHS and Department of Justice (DOJ) who will review the current deportation caseload and identify low-priority and noncriminal cases that should be considered for an exercise of discretion. These cases will be closed, and those individuals will be able to apply for work authorization.
Call (866) 998-2910 to thank President Obama!
If executed correctly, the changes announced yesterday will bring much-needed relief. We will not back down from advocating for comprehensive immigration reform, but please join me in thanking President Obama and his administration for these steps in the right direction.
Sincerely,
Laura Vazquez
Immigration Legislative Analyst

In issuing the John Morton memo, ICE and the Obama Administration are blatantly stating that they do not intend to enforce existing law in deporting those in this country illegally.
In part, those laws read:
8 USC Sec. 1324a states: "Any person who knowingly hires/harbors/transports any illegal alien is guilty of a felony punishable by 10 years jail + $2000 fine per illegal alien + forfeiture of the vehicle or property used to commit the crime."
8 USC Sec. 1324c states, "All officers whose duty it is to enforce criminal laws shall have authority to make arrests for a violation of any provision of this section" (affirmed US v Perez-Gonzalez 2002 Fed App 0360, 6th Circ.).
8 USC Sec. 1325 states, "Any alien who -
1. enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or
2. eludes examination or inspection by immigration officers, or
3. attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under Title 18 or imprisoned not more than six months, or both, and, for a subsequent commission of any such offense, be fined under Title 18, or imprisoned not more than two years or both.
(b) Improper time or place, civil penalties - Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of -
(1) at least $50 and not more than $250 for each such entry (or attempted entry); or
(2) twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection. Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.
(c) Marriage fraud - Any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000 or both.
(d) Immigration-related entrepreneurship fraud - Any individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined in accordance with title 18, or both."
8 USC Sec. 1644, states, "No local ordinance, rule, or measure shall stop law enforcement officers from enforcement of this section" (affirmed Southern District Court of NY, US v Rudy Guiliani,1996).
In an AP Article, published at WLS-TV, Chicago, an Obama regime (I do not acknowledge Barack Obama as the lawful or legal president of the United States, under Article II, Clause 5, United States Constitution) official is quoted as saying that,
The indefinite stay will not give illegal immigrants a path to legal permanent residency, but will let them apply for a work permit.
"As a matter of law, they are eligible for a work authorization card, basically a taxpayer ID card, but that decision is made separately and on a case-by-case basis," said the official, who spoke on the condition of anonymity because he was not authorized to discussed the change publicly.
The unemployment rate, among Americans, at this time, is acknowledged to be over 9% nationally. When the number of Americans who have quit looking for work are incorporated, that 9% unemployment figure is much higher. Allowing illegal aliens, who have broken the law entering this country in the first place, to now apply for, and obviously receive, work permits, is not acceptable.
In the blog entry, Obama acknowledges 10 million illegal aliens in this country and claims that by directing resources to prosecuting more serious crimes, such means "more immigration enforcement pressure where it counts the most, and less where it doesn’t."
As with mainstream media sources, Obama flagrantly understates the illegal alien population in the United States, obviously for the purposes of making it appear that the illegal alien problem is not nearly so bad as it is. Over three years ago, when I first wrote of this issue, the illegal alien population was estimated at 38,000,000. Today that number is closer to 45,000,000 as illegal aliens pour across our southern border with little fear of being caught or deported.
Obama is trying to use the economy to undermine the rule of law and to allow illegal aliens to stay in this country. While his reasoning may seem logical on the surface, the result will be a further undercutting of our already beleaguered economy, and a further undermining of our country, our constitution and rule of law.
On July 12, 2011, Chairman of the House Judiciary Committee, Lamar Smith (R-Texas) introduced the HALT Act, HR 2497. According to the Dustin Inman Society (Georgia), this act will prevent the Obama [regime] from:
granting parole (except in narrow circumstances), issuing deferred action (except in narrow circumstances),
issuing extended voluntary departure to removable aliens,
granting work authorization to aliens on a discretionary basis,
granting TPS to any new groups of aliens,
waiving the three and 10 year bars to admittance for aliens who
have been illegally present in the U.S., and
granting cancellation of removal to illegal immigrants.
If you have not done so, please contact your Senators and Representatives. Tell them to stop Obama's implementation of what amounts to backdoor amnesty for illegals. Tell them to do it forthwith. Tell them to enforce existing law and remove all illegal aliens from this country. Please encourage them to become a co-sponsor of H.R. 2497, to push for its passage.
Now, more than ever, we need to be raising our voices in a chant of "Hell no, illegals must go!"

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