Speech #1130127621

We admit 1 million a year lawfully on a permanent resident status. Those are the most generous numbers in the entire world. In addition to that. we have 700.000 guest workers here and in addition to that it appears we have another 11 million illegal immigrants who have gotten into the country. Now what about what is happening today. that Ms. Saldana said she supports. but I believe it is absolutely wrong. President Obamas recent unlawful Executive amnesty and work authorization actions have essentially started another system of immigration apart from the one that is in law. He has created another system of law to process people who want to come to America. In so doing he has violated the constitutional structure that gives Congress the power to set the laws for immigration. In a recent paper. Professor Jan Ting. whom I noted before. said this: In effect. the presidents deferredaction program constitutes an alternate immigration system authorized by a cabinet secretarys memoranda. While the statutory system limits the number of employmentbased visas to several hundred thousand per year. the presidential immigration system in a single year allots comparable privileges to several million illegal aliens. In light of the Supreme Court rulings on the "plenary." "complete." and "exclusive" authority of Congress to fashion immigration policy. an alternative presidential immigration system that nullifies the limits of the statutory immigration system is plainly unconstitutional. That is what Professor Ting. who spent years working in the immigration system. described. Professor Ting further argues that the administrations assertions of authority to justify its "alternative presidential immigration system"-that is a pretty good way to describe itthrough prosecutorial discretion to "defer action." "parole" authority. and the issuance of work authorizationdirectly violate constitutionally enacted immigration laws in the following ways: Ordering ICE agents not to inspect and place into removal proceedings illegal aliens they encounter violates 8 U.S.C. Section 1225. which expressly curtails the Presidents discretion concerning inspection and detention of aliens not lawfully admitted to the United States. It goes on to say: Granting "advance parole" to "deferred action" recipients so they may travel back and forth between the United States and their native countries violates 8 U.S.C. section 1182(d)(5). amended in 1996 specifically to prevent the use of "parole" to "admit aliens who do not qualify for admission under established legal immigration categories." Another quote: Granting [work permits] to millions of illegal aliens ignores a century of case law. including Supreme Court decisions. holding that the Executive Branch may not circumvent the statutory employmentbased visa system by opening the labor market to aliens not eligible for such visas. thereby defeating "Congress purpose of protecting American laborers from an influx of skilled and unskilled labor." Those are some of the things Professor Ting laid out that are directly violating law that the President has carried out in this scheme. He concludes: "In other words. the presidents deferredaction program sits on a plainly unconstitutional stool. which itself rests upon three plainly illegal legs." I think that is a fair analysis. Chapman University Law Professor John Eastman also testified before the Judiciary Committee that "the President has not just declined to prosecute (or deport) those who have violated our Nations immigration laws. He has given to millions of illegal aliens a lawful permission to remain in the United States as well. and with that the ability to seek work authorization. drivers licenses. and countless other benefits that are specifically barred to illegal immigrants by U.S. law. In other words. he has taken it upon himself to drastically rewrite our immigration policy. the terms of which by constitutional design are expressly set by Congress." I think that is indisputable. Somebody could say that is just your opinion. Well.