Is Obama's executive order stopping the deportation of some illegal immigrants illegal?
I am not asking whether it is good or bad policy. Reasonable people can disagree on that point. Is it illegal? Does the law, as enacted by Congress, require deportation? If it does not, isn't the President acting within the scope of his authority as chief executive in deciding how to enforce it? Sorry, I just read the question and it is poorly worded and may need some clarification. Is the President breaking the law by deciding who will and will not be deported?
Asked By: Praise Jebus - 6/26/2012
Best Answer - Chosen by Asker
Exceptions are made to deportation law all the time, never mind that the law does not explicitly call for the deportation of illegal immigrants. Illegals from Europe frequently get sent to deportation hearings where they can win a reprieve in order to present official reasons for being in the US, etc. This is less... More
Answered By: CPOKashue - 6/26/2012
Additional Answers (16)
The way it is set up, no it is technically not illegal.
Answered By: Katlin - 6/26/2012
According to what he has said in the past he didnt have the power to do what he did
Answered By: I'M NOT AN ANGRY BLACK WOMAN!!! - 6/26/2012
I see the point you're trying to make and I disagree. The law in place states that any illegal alien is to be deported. What Obama did was effectively supersede the law. That's illegal. He's not above the law.
Answered By: Okla. State Alum (pt. 2) - 6/26/2012
It is illegal and the president will have problems because of this.
Answered By: Chris - 6/26/2012
It's a violation of his oath of office The Constitution that he swear to "preserve, protect and defend" specifies in Article II, Sec 3 that the President "shall take Care that the Laws be faithfully executed."
Answered By: jaker - 6/26/2012
Yes, it's an impeachable offense. Imagine an executive order denying enforcement of, say the 1964 Civil Rights Act.
Answered By: American citizen and taxpayer - 6/26/2012
In the end it is petty. Sad for an Administration to take that road... More
Answered By: Klathorn - 6/26/2012
Think of the phrase: "ILLEGAL immigrants." It's absolutely illegal to help people do illegal things. that's becoming an accessory to the crime.
Answered By: Richard RIGHT - 6/26/2012
No. It has always been the president's prerogative to prioritize enforcement targets. It is only practical to go after the most dangerous offenders first in the interests of protecting public safety. The president is just making sure law enforcement assets are being utilized where they are most needed.
Answered By: Chewy Ivan 2 - 6/26/2012
No. He is giving Congress two years to deal with immigration reform. It not like Ronald Reagan giving amnesty to 3 million permanently http://www.npr.org/templates/story/story.php?storyId=128303672
Answered By: realistic girl - 6/26/2012
It is possible -- expect the EO to be challenged in the Supreme Court which will make that exact determination.
Answered By: Heavy_Cavalry_Sgt - 6/26/2012
Last year, he told a group who asked that he did not have the authority to do this. What has changed other than the proximity to the erection? Transparent? You Bet! I see right through it!
Answered By: Wiley Begonay - 6/26/2012
I'm not sure, but I think it can be argued (as another respondent already has) that he is not stopping deportation, but merely setting priorities re who will be deported first.
Answered By: yutsnark - 6/26/2012
The president issued an executive order. EO's do have the force of law with appropriate civil pelalities for violation. EO'S stay in effect until changed or repealed by the president, congress or the court system. EO'S issued by Nixon are still in effect.
Answered By: Joe BTGSPLK - 6/26/2012
In his own words from not even a year ago, YES.
Answered By: John Hinkle - 6/26/2012
Those of you who think Obama said he could not do it are probably going by the clip Sean Hannity used to try to say this. Of course, in order to say that, he had to cut it off right before Obama said he did have the right to prioritize the enforcement. You guys really have to stop trusting what you see on Fox without... More
Answered By: mommanuke - 6/26/2012
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