The Corner

President Obama’s ‘Deferred Action’ Program for Illegal Aliens Is Plainly Unconstitutional

That’s the title of a new paper by Temple University law professor Jan Ting (who appeared on NRO recently). It is the first extended analysis of the administration’s legal rationales for President Obama’s lawless amnesty decrees. Professor Ting divines “three separate assertions of authority to justify its alternative presidential immigration system,” examining each in turn. He concludes that each legal step — prosecutorial discretion, advance parole, and employment authorization — is being taken illegally and that “the three steps, taken together, amount to an unconstitutional usurpation of Congress’s exclusive constitutional authority to formulate immigration policy.”​

The problem with taking a matter like this to court is often the question of who has legal standing to sue. Professor Ting at the end of his paper points to a recent positive ruling in Washington Alliance of Technology Workers v. U.S. Department of Homeland Security, which suggests that the president’s prospective grant of work permits to millions of illegal aliens might be subject to court challenge. In that case, the U.S. District Court judge in Washington, D.C., ruled last month that American tech workers have standing to sue the government to challenge the legality of the Bush administration’s unilateral expansion of a foreign-worker program. (More detail on the ruling is here.)

Combined with the legal critiques offered at the House Judiciary Committee hearing going on as I write (the witness statements are here), it would seem that challenging Obama’s amnesty-by-fiat in court is worth pursuing in tandem with efforts in Congress to defund it.

Mark Krikorian — Mark Krikorian, a nationally recognized expert on immigration issues, has served as Executive Director of the Center for Immigration Studies (CIS) since 1995.

Most Popular

Film & TV

The Mob Gets Kevin Hart

This week, shortly after being tapped to host the Oscars, Hollywood star Kevin Hart found himself on the wrong side of the woke social-justice warriors. His great sin: Years ago, he tweeted jokes referencing homosexuality. More egregiously, in 2010, he did a comedy bit in which he discussed not wanting his son, ... Read More
White House

Mueller’s Got Nothing

The revelations of the last few days are, though disguised, the crash in ignominy of the Robert Mueller putsch. But they are far from the end of the story. While the sire of the Mueller hit-squad assault, former FBI director James Comey, declared 245 times at last Friday’s House Judiciary Committee hearing that ... Read More
World

The Dangers of Asymmetry

It is strange how suddenly a skeptical Wall Street, CEOs, and even university and think-tank policy analysts are now jumping on the once-taboo Trump bandwagon on China: that if something is not done to stop China’s planned trajectory to global hegemony, based on its repudiation of the entire post-war trade and ... Read More