The problem is the plan is not prosecutorial discretion, which is defined in our justice system as the authority of a prosecutor to file charges, dismiss charges, or plea bargain. Obama's prior orders with regards to his catch and release program of illegals would be an example of prosecutorial discretion. The illegal alien is still apprehended for committing the crime, but instead of being deported they are just let go.
Others argue it is an example of enforcement discretion. Enforcement discretion is the act of those in charge with enforcing the law to prioritize how those laws will be enforced. An example of this would be when President Obama ordered the border patrol to stop arresting illegals with no prior violent criminal arrest and instead focus on those who have or are committing violent crimes.
In both cases, that is not what is happening here. In this instance President Obama is not just choosing to not enforce existing immigration law, he is actually issuing green cards and work permits in violation of existing statute.
The process by which the federal government has authority to grant visas, ie work permits and green cards, is specifically outlined in several the two most recent of which are the Immigration Reform and Control Act of 1986 and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Neither of which grants the executive branch authority to create new rules by which aliens will be granted green cards and/or work permits.
Let's get out of the weeds a bit and look at a couple of analogies being thrown around by the main stream media trying to provide cover for Obama's tyranny.
- Obama's executive amnesty is akin to police offers choosing to pull motorists over who are traveling 70 mph in a 50 mph speed zone while letting those traveling 60 mph in the same zone go.
- There's a problem here. First, if Obama's executive orders just said to arrest criminal illegal aliens and let the rest go, the analogy might apply. But instead, and to borrow from the analogy being provided, he is in effect saying motorists travelling 60 should be pulled over and given a special license that allows them to travel indefinitely at any speed above the posted speed limit without fear or getting a ticket.
The second analogy being used may be an even more relevant example as to why Obama's executive action being illegal.
- Both Colorado and Washington have chosen to nullify federal drug laws by legalizing the production, sale, and consumption of marijuana in violation of the supremacy clause of the United States. President Obama has used his executive discretion to order federal prosecutors and law enforcement officials to turn a blind eye to the illegal sale and consumption of marijuana in these states.
- Again we find the executive discretion being used to simply not enforce the law. The President has not gone that extra step to order that those selling, producing, and consuming marijuana in Colorado and Washington be given special permits to go ahead and do so anywhere in the country.
To make matters worse, and as has been pointed out numerous times by others, Obama himself admitted on numerous occasions in the past that what he is doing to night is outside his authority, illegal, and unconstitutional.
Go back even further and read his book and you will find he readily admits that illegal aliens have a devastating impact on America's blue collar and low-skilled work force. He admits they severely depress wages and drastically reduce opportunity for the most susceptible in our society.
What the president is doing is a crime, a treasonous crime. The question becomes is whether Americans have become so pacified that they will accept the tyranny and go one about their lives or will they stand up and fight back against an out of control tyrant whose administration just today joyful embraced the opinion that Obama is a dictator.