The court & Obama’s ‘kingdom’

Donald A. Collins | 22 February 2016
Pittsburgh Tribune-Review

A U.S. Customs and Border Protection vehicle passes along the border fence in Brownsville, Texas. (Photo: Eric Gay / AP)
A U.S. Customs and Border Protection vehicle passes along the border fence in Brownsville, Texas. (Photo: Eric Gay / AP)

Fortunately as this tempestuous presidential election campaign began, the much-maligned Donald Trump took on the issue of immigration reform. He certainly has his warts. But the huge addition of aliens over decades has affected U.S. citizens.

Many get it and they’re angry.

While the symbolic value of a wall on the Mexican border makes plausible political sense, getting Congress to enact a permanent and mandatory E-verify system makes even more.

Dan Stein, president of the Federation for American Immigration Reform (FAIR), recently raised a frightening new paradigm that trumps many other potential dangers facing Americans. In a Feb. 9 piece he wrote for SCOTUSBlog.com, he details the pending review by our highest court of United States v Texas, which strips Congress and our courts of their powers and could anoint our first king.

If the U.S. Supreme Court decides to lift the injunction in United States v. Texas instead of allowing a full trial on the merits, it would endorse the Obama administration’s wildly broad claims of unlimited power to permit millions of aliens living outside the rules, as stipulated by the Immigration and Nationality Act, to remain in the U.S.

As Stein reports, “Then Congress and the American people will be left without remedy in the face of an unprincipled executive who willingly refuses to carry out his legal and constitutional responsibilities. In other words, the American people will never be able to rely on the courts to stop executive lawlessness in the provision of civil benefits in favor of an unlimited number of aliens who seek to enter or remain in the United States.”

The full record of this administration ignoring our immigration laws is too rampant to recite here. But since the 2014 midterm elections, the most dramatic of these actions were two programs designed to grant de facto amnesty and work authorization to an estimated 4.7 million illegal aliens.

These executive amnesty programs were the subject of a lawsuit brought by 26 states. On Feb. 16, 2015, U.S. District Judge Andrew Hanen issued a temporary injunction halting implementation. That injunction subsequently was upheld by the U.S. 5th Circuit Court of Appeals. So the Obama administration appealed that decision to the Supreme Court, which will hear arguments in late April and likely render its ruling in June.

Justice Antonin Scalia’s death means a tie would let the injunction stand. But that is not the proper way to handle this.

Under the Obama administration, nearly 40 percent of the nation’s estimated 12 million illegal aliens would be granted legal presence and permission to work in the U.S.

Stein tells us, “Even those justices on the court who might agree with the president’s views on immigration policy generally should appreciate the precedent-setting decision they would be making by allowing the president to run roughshod over the constitutional separation-of-powers doctrine.”

Will Obama be our first king?

Reprinted with permission from the Pittsburgh Tribune-Review.

Former US Navy officer, banker and venture capitalist, Donald A. Collins, a free lance writer living in Washington, DC., has spent over 40 years working for women’s reproductive health as a board member and/or officer of numerous family planning organizations including Planned Parenthood Federation of America, Guttmacher Institute, Family Health International and Ipas. Yale under graduate, NYU MBA. He is the author of From the Dissident Left: A Collection of Essays 2004-2013.

From the Dissident Left: A Collection of Essays 2004-2013

By Donald A. Collins
Publisher: Church and State Press (July 30, 2014)
ASIN: B00MA40TVE
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