If we weren’t living in a banana republic the duly elected legislative branch would be shutting down this order from Biden, and even looking to impeach Biden for violating the Constitution and his oath of office
‘Unconstitutional’: Biden’s ‘Amnesty’ Executive Order Poised For Slew Of Legal Challenges
President Joe Biden announced an executive order Tuesday that could effectively provide amnesty to well over 500,000 illegal immigrants in the United States — but the move may not pass legal muster.
Speaking Tuesday at a White House event commemorating the 12-year anniversary of the Deferred Action for Childhood Arrivals (DACA) policy, Biden unveiled his own executive order laying out a plan to give deportation protection, work permits and a pathway to legal status to hundreds of thousands of illegal immigrant spouses. Those eligible must have lived in the U.S. for at least 10 years, be legally married to a U.S. citizen and be ultimately approved by the Department of Homeland Security (DHS).
Remember, Obama stated that DACA was un-Constitutional
The illegal immigrants approved under the order will have three years to apply for permanent residency, allowing them to remain in the U.S. and gain work authorization.
But like DACA, the action is set to face legal challenges from conservative groups and immigration hawks, who say the executive order is unconstitutional and inappropriately interprets its underlying statute.
An attorney for the Immigration Reform Law Institute told the Daily Caller News Foundation that they are currently identifying legal challenges, and America First Legal – a conservative legal organization headed by former Trump adviser Stephen Miller – on Tuesday pledged legal action against the order.
And there could be others who file legal challenges
The maneuver the Biden administration is using to grant this mass amnesty is an authority known as “parole-in-place.” The president will use parole-in-place to remove obstacles in U.S. law that prevents noncitizen spouses who entered the country illegally from obtaining green cards without leaving the country, offering them a pathway to permanent legal status.
Under current law, an illegal immigrant can apply for legal status after they have married a U.S. citizen, but they are required to leave the country in order to move forward with the process. Under Biden’s expansion of parole-in-place, those noncitizens will be allowed to wait out the application process while remaining in the country.
The law is clear and how this works. Biden is eliminating the legal requirement. Under current law, this can only be used under a very narrow set of circumstances and be temporary, for which this mass amnesty doesn’t apply.
“Rather than stopping the worst border crisis in history, President Biden has overreached his executive authority to use an unconstitutional process, circumventing voters and their elected representatives in Congress, to send a message that amnesty is available to those who enter illegally into the United States,” James Massa, CEO of NumbersUSA, said in a statement.
“The action is unconstitutional. The timing is unconscionable,” Massa added.
How can we be a nation of law when the Executive Office decides to do whatever the hell it wants to do, and the Legislative Branch fails to stop it?
Read: Biden’s “Amnesty” For Illegal Spouses Already Looks To Face Lawsuits »