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Will Republicans Reassert the Rule of Law?

In June 2011, Obama announced that he would suspend our immigration laws and grant administrative amnesty to those who qualify for the DREAM Act – a bill that never passed Congress.  This was just one of the many egregious steps taken by the administration to subvert the rule of law and threaten our sovereignty.  Yet, unlike with the IRS scandal, Republicans were largely silent.  Obama punched us in the stomach and challenged us to hit back, yet all we did was scamper away like a bunch of cowards.

The GOP insouciance towards Obama’s “deferred action” program is particularly jarring in the context of the debate over the Schumer/Rubio/Obama amnesty bill.  The entire premise of the bill is predicated on overlooking how Obama has already dealt with his illegal amnesty.  From ‘legalization before enforcement’ and major restrictions on future deportations to wide discretion granted to DHS, we don’t need a crystal ball to ascertain the results of the bill.  Obama’s DACA program has served as a test run for the mass amnesty.

An astounding 99.5% of all those who applied for the amnesty were approved by the administration.  Yup, obviously none of them said they planned to start a conservative organization when they filled out the application.  Moreover, as ICE agent Chris Crane has repeatedly noted, it is virtually impossible for ICE to detain and deport anyone because almost any detainee could potentially be eligible for this illegal amnesty.  So now we have millions of young impoverished illegals who are on a fast track to receiving benefits on behalf of their families.  We have now raised the specter of anchor babies to include ‘anchor young adults.’  As long as you come here with at least one child under age, you are here to stay.

The idea that we will ever be able to deport anyone after this bill passes is simply absurd, in light of what we’re seeing from DACA.  Almost anyone could potentially be eligible for the multiple eligibility status loopholes, and the bill forces all law enforcement to provide them with a reasonable opportunity to come forward.  Even an administration that is committed to the rule of law would find it nearly impossible to resume deportations after the amnesty, much less an administration that has already promised never to enforce the law.

Meanwhile, in a bid to inveigle other GOP senators into supporting the bill, Rubio said that he plans to announce his own border security plan.  But as we’ve seen from DACA, you can come up with any plan you’d like; it’s only Obama’s plan that counts.  This has been, and always will be, an executive branch problem, not a legislative problem.  It’s real simple: the only way any amnesty would ever work is if Obama begins to demonstrate enforcement of existing laws first.  Everything else is just window dressing used to entice other Republicans into kicking Charlie Brown’s football.

The uncanny irony is that a federal district judge is prepared to vitiate Obama’s deferred action, yet Republicans won’t take yes for an answer.  Aside for the few border hawks, none of them will even issue a press release making notice of this expected victory for the rule of law.

Later this week, Republicans in the House will have a perfect opportunity to evince a bold contrast from Obama on border security.  The full House is expected to take up the FY 2014 DHS appropriations bill, which contains funding for all the immigration-related agencies.  Yes, it is hard to legislate anything that will force the hand of an administration that willfully nullifies the separation of powers.  However, here are a few things they can tack onto the DHS bill:

  • If significant progress is not made in constructing the border fence, pursuant to the Secure Fence Act, the salaries of top officials in DHS will be cut
  • Defund Obama’s illegal DACA
  • Cut salaries for major department officials if the 287(g) program is not reinstated.
  • Cut salaries for major department officials unless they reinstate the National Security Entry-Exit Registration System (NSEERS), which will help protect against security threats who come in on student or worker visas

Americans elected a Republican-controlled House to serve as a check on Obama’s power.  It’s time for them to do their job and at least attempt to rein in his illegal administrative power grabs.

Cross-posted from The Madison Project

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