Is Obama’s Executive Order Constitutional?

The Constitution does not mention the word “immigration,” but in Article I, Section 8, it clearly limits naturalization to Congress. Immigration is the preliminary, qualifying stage for naturalization; that is, for becoming a foreign-born citizen of the United States.

Naturalization comes under Title III of the Immigration and Nationality Act of 1952. It follows Title II of that Act, which is titled “Immigration.” This Act was passed by Congress (not by executive order) on June 27, 1952. It became law on December 24, 1952 after Congress overrode a veto by then President Harry Truman. The fact that Democrat President Truman unsuccessfully tried to stop the Act from becoming law, by veto, is prima facie evidence that immigration laws fall exclusively within the purview of Congressional authority. Although there have been amendments to the Act, it is basically the same as it was in 1952 as regards the qualifications for naturalization. See the McCarran-Walter Act.

In order to become naturalized, an immigrant must first be LAWFULLY ADMITTED to the United States. This means that he/she must first comply with Title III of the Act. Among the qualifications: The applicant must complete a period of LEGAL residence (normally five years); must be proficient in English, U.S. History and not have any felony convictions.

Clearly, Obama’s executive order, granting advance clemency to aliens illegally in the United States, is an attempt to abnegate Title III of the Immigration and Nationality Act.

Obama’s advance clemency for illegal aliens, before any charges of deportation have been filed against most of them, is clearly a step to help them circumvent our immigration and naturalization laws. Its timing says it all, as far as Obama’s motive is concerned. The Supreme Court is expected to rule as early as Monday, June 18, 2012 as to the Constitutionality of Arizona’s law regarding State enforcement of immigration laws. Joe Arpaio, Sheriff of Arizona’s most populous county, Maricopa, says that he will begin enforcement of Arizona’s law as soon as it is declared Constitutional. It is inconceivable the AZ law would be declared unconstitutional, since there is a federal law already on the books authorizing state and local law enforcement officers to arrest illegal aliens. See title 8, United States Code 1357(g), or simply 8 USC 1357(g).

Obama’s illegal clemency act for illegal aliens is obviously a measure to garner support of the so-called Latino community. His, and the Democrats’ concept of the “Latino,” lumps them all into one group. It ignores that most of them have complied with our laws and want to be able to compete for jobs in the U.S. as traditional, law-abiding citizens without being discriminated against because of their Hispanic surnames. Obama’s act will have a negative impact for law-abiding U.S. citizens with Hispanic surnames. He fallaciously assumes that radicals, who are self-appointed spokespersons for illegal aliens, speak for ALL Hispanics in the U.S., when in fact they are self-serving political activists who are seeking more political power for themselves and more government handouts and grants for their organizations.