Lynchpin of Obama’s immigration agenda is beyond weak

2287026153_b5fd47dd06_oThe Fifth Circuit’s recent decision to halt the president’s DAPA amnesty program may have sweeping implications for his much wider immigration agenda. It was recently revealed that while at an off-the-record agency retreat (originally discussed here), top DHS officials had been gearing up for much more expansive work permit giveaways. The “Regulations Retreat” memo claims the Obama DHS has the power and intention to hand out open-market work permits to groups who are either wholly unauthorized to work, such as illegal aliens, or who merely have temporary work authorizations tied to their employers, like H-1B visa-holders. This claim of “newfound” immigration powers on the part of the administration had also formed the basis for numerous other programs during Obama’s tenure, including the now twice-overturned DAPA program. By specifically smacking down the president’s purported powers in the area of work permits Monday night, the Fifth Circuit has put DHS programs, both previously implemented and forthcoming, on very shaky ground.

The internal memo says that DHS can give work permits to anyone from “individuals who are physically present in the United States,” including “those who have entered without inspection”, to “individuals who are in lawful nonimmigrant status at the time of filing the EAD”, e.g., those on temporary H-1B visas [Employment Authorization Document—the statutory term for work permits]. Since the memo’s leak, a DHS spokesperson has come forward saying the document’s indeed genuine but that the American public really shouldn’t be taking it seriously. I wish that was consoling. Immigration-watchers will remember the two leaked memos (here and here) from 2010, written in an eerily similar tone and format, advising top DHS appointees on how to implement what eventually became the President’s 2012 DACA amnesty program. Another leaked document from this past summer, has been followed up with an announcement on the Unified Agenda that a rulemaking will be announced very soon. Then there’s the series of programs the President’s unilaterally implemented, or is trying to, all of which are intended to undercut the visa programs established by Congress. When DHS threatens to finesse the immigration law, we know that it should be taken seriously.

Continue reading this story here.

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Founded in 1987, the Immigration Reform Law Institute (IRLI) is a national, nonprofit, public-interest legal education and advocacy law firm.


  1. avatar Kyle says:

    Scum at the top of OUR government, and it’s administration, period!

  2. To Quote Trump

    “Send ‘em all back”.

    • avatar No Change says:

      I lived in NY and passed by his constructions……who do you think besides Americans built his buildings……?…….so you will vote for a double standard guy?

      • avatar No Change says:

        bankrupted 9 casinos but his pocket is fine………Trump University….with all his “experience” on would have thought close the place immediately…..not after the media……….so…… want a man in the White House that has only shown that cares for his pocket only?

        • avatar Leland says:

          Tell us your candidate. By name.

          • avatar No Change says:

            The truth I see nobody yet there…..I will look for independents if against the Wall then somebody that will be less harmful than Trump………

            WE need to change the System , if a president serves twice only why Congress for the rest of their lives?……representatives for the rest of their lives is worse that the president for the rest of his/her life…after all Congress has the power …………………just like The People so The People is not willing to exercise their power of vote to fix this………………….so Congress should server the same at most twice……………

  3. avatar Leland says:

    The law is clear on who should and should not have work permits. This administration may prioritize who is deported, but that is a totally different issue. A refusal to deport someone has nothing to do with then subsequently issuing work permits to those who are not legally entitled to them. They are rewriting law by executive actions. Not tweaking the law, but flat out refusing to enforce the laws as written and passed by Congress. .

    • avatar No Change says:

      Leland who enforces the Law ?……The President, Congress of the People. Multiple choice

      A.- The President
      B. – COngress
      C. – The People
      D. – a and b
      E. – none of the above
      F. – All of the above

      Let ‘s see what you answer is. Then, fill out the below line

      Immigration Law is enforced by ___________________.

      Good luck!!!

      • avatar Leland says:

        Read the constitution instead of posting endless drivel. It’s the president’s constitutional duty to
        enforce the laws.

        • avatar No Change says:

          The Constitution is a piece of paper, it does not enforce the Law. So basically you simply do not know….and that is the main problem we have…..people not knowing what is to be an American………….no offense…..the answer is F.

          Congress enacts te Law, the President sign it and the The People respects it by enforcing it as well. Well , Leland Ia m sorry but you failed on America 101. The simplest concept our Constitution is based on.

          So as per you answer the President will go out and patrol 330M people……….the way you interpret our Constitution and your way of life is what is getting us in trouble. You do not even understand The Constitution and what The People involvement in making a country.

          • avatar Leland says:

            The constitution says that the president “shall take care that the laws be faithfully executed”. That’s what the federal court case is about, and why the judges ruled the way they did. But according to you the constitution is just “a piece of paper”. Hard to argue with ignorance.

          • avatar neerg says:

            only the POTUS can deport illegal aliens. arizona’s governor tried to expel illegal aliens. BO to the rescue, sued the governor for her unlawful governance actions. the estimated accumulated 30-50M illegal aliens at present were / are the faults of the POTUS for not doing their jobs of systematically deporting illegal aliens, after reagan’s 80′s amnesty of illegal aliens. the worst is BO with his abused of the executive orders of DACA / DAPA did whack american faces, which BO knew was not good for america / americans, his unconstitutional actions is a destroyer actions period. voters must rise up against politicians whose priority agendas are the illegal aliens. politicians voted in power by the majority voters are expected to engage on the betterment of the citizens, will translate to a well maintained america, not the intent of these libs, no good politician lawmakers of legalizing the ILLEGAL ALIENS lawlessness mess, through rewriting aka REFORM of the immigration laws in favor of ILLEGAL ALIENS, without a doubt will turn to chaotic america.

        • avatar No Change says:

          Now I see why you like Trump………all air….no essence nor substance…….

  4. avatar Kyle says:

    BO and DH(IN)S, the former should be impeached and placed in jail, and the latter abolished due to it’s ongoing incompetency and utter waste of taxpayers money, period!