I thank my colleague for yielding. I am pleased to have this time on the floor to talk about this important issue that faces our Congress. On more than 22 occasions, President Obama has told audiences that, on the advice of his counsel,…
I thank my colleague for yielding. I am pleased to have this time on the floor to talk about this important issue that faces our Congress.
On more than 22 occasions, President Obama has told audiences that, on the advice of his counsel, his attorneys, he could in fact not do what he has just proposed to do last November of 2014.
He stated that he did not have the statutory authority to defer deportation of over 5 million people who are in our country illegally, thereby granting them rights to drivers' licenses, work permits, Social Security, and health benefits.
For example, in 2013, the President stated that implementing immigration ``reform'' through executive action was ``difficult to defend legally'' and ``not an option.'' He has repeatedly told the American people that he is a President, not a king, not a emperor.
Mr. Speaker, I will place in the Record the 22 times that the President has uttered these words that say that he does not have the authority to take executive action on immigration.
President Obama's Twenty-Two Statements on His Lack of Authority to
Handle Immigration Policy by Executive Action
With the White House poised to grant executive amnesty any
day now despite the American people's staunch opposition, on
Sunday President Obama was asked about the many, many
statements he made in the past about his inability to
unilaterally change or ignore immigration law. His response
was astonishingly brazen: ``Actually, my position hasn't
changed. When I was talking to the advocates, their interest
was in me, through executive action, duplicating the
legislation that was stalled in Congress.''
This is a flagrant untruth: ``In fact, most of the
questions that were posed to the president over the past
several years were about the very thing that he is expected
to announce within a matter of days,'' reported The New York
Times. ``[T]he questions actually specifically addressed the
sorts of actions that he is contemplating now,'' The
Washington Post's Fact Checker agreed, awarding President
Obama the rare ``Upside-Down Pinocchio,'' which signifies ``a
major-league flip-flop.'' Even FactCheck.org piled on.
President Obama is once again trying to mislead Americans,
but he can't run from what he's said over and over (and over)
again. Not only are Americans not stupid--they can read:
1. ``I take the Constitution very seriously. The biggest
problems that we're facing right now have to do with [the
president] trying to bring more and more power into the
executive branch and not go through Congress at all. And
that's what I intend to reverse when I'm President of the
United States of America.'' (3/31/08)
2. ``We've got a government designed by the Founders so
that there'd be checks and balances. You don't want a
president who's too powerful or a Congress that's too
powerful or a court that's too powerful. Everybody's got
their own role. Congress's job is to pass legislation. The
president can veto it or he can sign it. . . . I believe in
the Constitution and I will obey the Constitution of the
United States. We're not going to use signing statements as a
way of doing an end-run around Congress.'' (5/19/08)
3. ``Comprehensive reform, that's how we're going to solve
this problem. . . . Anybody who tells you it's going to be
easy or that I can wave a magic wand and make it happen
hasn't been paying attention to how this town works.'' (5/5/
10)
4. ``[T]here are those in the immigrants' rights community
who have argued passionately that we should simply provide
those who are [here] illegally with legal status, or at least
ignore the laws on the books and put an end to deportation
until we have better laws. . . . I believe such an
indiscriminate approach would be both unwise and unfair. It
would suggest to those thinking about coming here illegally
that there will be no repercussions for such a decision. And
this could lead to a surge in more illegal immigration. And
it would also ignore the millions of people around the world
who are waiting in line to come here legally. Ultimately, our
nation, like all nations, has the right and obligation to
control its borders and set laws for residency and
citizenship. And no matter how decent they are, no matter
their reasons, the 11 million who broke these laws should be
held accountable.'' (7/1/10)
5. ``I do have an obligation to make sure that I am
following some of the rules. I can't simply ignore laws that
are out there. I've got to work to make sure that they are
changed.'' (10/14/10)
6. ``I am president, I am not king. I can't do these things
just by myself. We have a system of government that requires
the Congress to work with the Executive Branch to make it
happen. I'm committed to making it happen, but I've got to
have some partners to do it. . . . The main thing we have to
do to stop deportations is to change the laws. . . . [T]he
most important thing that we can do is to change the law
because the way the system works--again, I just want to
repeat, I'm president, I'm not king. If Congress has laws on
the books that says that people who are here who are not
documented have to be deported, then I can exercise some
flexibility in terms of where we deploy our resources, to
focus on people who are really causing problems as a opposed
to families who are just trying to work and support
themselves. But there's a limit to the discretion that I can
show because I am obliged to execute the law. That's what the
Executive Branch means. I can't just make the laws up by
myself. So the most important thing that we can do is focus
on changing the underlying laws.'' (10/25/10)
7. ``America is a nation of laws, which means I, as the
President, am obligated to enforce the law. I don't have a
choice about that. That's part of my job. But I can advocate
for changes in the law so that we have a country that is both
respectful of the law but also continues to be a great nation
of immigrants. . . . With respect to the notion that I can
just suspend deportations through executive order, that's
just not the case, because there are laws on the books that
Congress has passed. . . [W]e've got three branches of
government. Congress passes the law. The executive branch's
job is to enforce and implement those laws. And then the
judiciary has to interpret the laws. There are enough laws on
the books by Congress that are very clear in terms of how we
have to enforce our immigration system that for me to simply
through executive order ignore those congressional mandates
would not conform with my appropriate role as President.''
(3/28/11)
8. ``I can't solve this problem by myself. . . . [W]e're
going to have to have bipartisan support in order to make it
happen. . . . I can't do it by myself. We're going to have to
change the laws in Congress, but I'm confident we can make it
happen.'' (4/20/11)
9. ``I know some here wish that I could just bypass
Congress and change the law myself But that's not how
democracy works. See, democracy is hard. But it's right.
Changing our laws means doing the hard work of changing minds
and changing votes, one by one.'' (4/29/11)
10. ``Sometimes when I talk to immigration advocates, they
wish I could just bypass Congress and change the law myself.
But that's not how a democracy works. What we really need to
do is to keep up the fight to pass genuine, comprehensive
reform. That is the ultimate solution to this problem. That's
what I'm committed to doing.'' (5/10/11)
11. ``I swore an oath to uphold the laws on the books . . .
Now, I know some people want me to bypass Congress and change
the laws on my own. Believe me, the idea of doing things on
my own is very tempting. I promise you. Not just on
immigration reform. But that's not how our system works.
That's not how our democracy functions. That's not how our
Constitution is written.'' (7/25/11)
12. ``So what we've tried to do is within the constraints
of the laws on the books, we've tried to be as fair, humane,
just as we can, recognizing, though, that the laws themselves
need to be changed. . . . The most important thing for your
viewers and listeners and readers to understand is that in
order to change our laws, we've got to get it through the
House of Representatives, which is currently controlled by
Republicans, and we've got to get 60 votes in the Senate. . .
. Administratively, we can't ignore the law. . . . I just
have to continue to say this notion that somehow I can just
change the laws unilaterally is just not true. We are doing
everything we can administratively. But the fact of the
matter is there are laws on the books that I have to enforce.
And I think there's been a great disservice done to the cause
of getting the DREAM Act passed and getting comprehensive
immigration passed by perpetrating the notion that somehow,
by myself, I can go and do these things. It's just not
true. . . . We live in a democracy. You have to pass bills
through the legislature, and then I can sign it. And if
all the attention is focused away from the legislative
process, then that is going to lead to a constant dead-
end. We have to recognize how the system works, and then
apply pressure to those places where votes can be gotten
and, ultimately, we can get this thing solved.'' (9/28/11)
In June 2012, President Obama unilaterally granted deferred
action for childhood arrivals (DACA), allowing ``eligible
individuals who do not present a risk to national security or
public safety . . . to request temporary relief from
deportation proceedings and apply for work authorization.''
He then argued that he had already done everything he could
legally do on his own:
13. ``Now, what I've always said is, as the head of the
executive branch, there's a limit to what I can do. Part of
the reason that deportations went up was Congress put a whole
lot of money into it, and when you have a lot
of resources and a lot more agents involved, then there are
going to be higher numbers. What we've said is, let's make
sure that you're not misdirecting those resources. But we're
still going to, ultimately, have to change the laws in order
to avoid some of the heartbreaking stories that you see
coming up occasionally. And that's why this continues to be a
top priority of mine. . . . And we will continue to make sure
that how we enforce is done as fairly and justly as possible.
But until we have a law in place that provides a pathway for
legalization and/or citizenship for the folks in question,
we're going to continue to be bound by the law. . . . And so
part of the challenge as President is constantly saying,
`what authorities do I have?' '' (9/20/12)
14. ``We are a nation of immigrants. . . . But we're also a
nation of laws. So what I've said is, we need to fix a broken
immigration system. And I've done everything that I can on my
own[.]'' (10/16/12)
15. ``I'm not a king. I am the head of the executive branch
of government. I'm required to follow the law. And that's
what we've done. But what I've also said is, let's make sure
that we're applying the law in a way that takes into account
people's humanity. That's the reason that we moved forward on
deferred action. Within the confines of the law we said, we
have some discretion in terms of how we apply this law.'' (1/
30/13)
16. ``I'm not a king. You know, my job as the head of the
executive branch ultimately is to carry out the law. And, you
know, when it comes to enforcement of our immigration laws,
we've got some discretion. We can prioritize what we do. But
we can't simply ignore the law. When it comes to the
dreamers, we were able to identify that group and say, `These
folks are generally not a risk. They're not involved in
crime. . . . And so let's prioritize our enforcement
resources.' But to sort through all the possible cases of
everybody who might have a sympathetic story to tell is very
difficult to do. This is why we need comprehensive
immigration reform. To make sure that once and for all, in a
way that is, you know, ratified by Congress, we can say that
there is a pathway to citizenship for people who are staying
out of trouble, who are trying to do the right thing, who've
put down roots here. . . . My job is to carry out the law.
And so Congress gives us a whole bunch of resources. They
give us an order that we've got to go out there and enforce
the laws that are on the books. . . . If this was an issue
that I could do unilaterally I would have done it a long time
ago. . . . The way our system works is Congress has to pass
legislation. I then get an opportunity to sign it and
implement it.'' (1/30/13)
17. ``This is something I've struggled with throughout my
presidency. The problem is that I'm the president of the
United States, I'm not the emperor of the United States. My
job is to execute laws that are passed. And Congress right
now has not changed what I consider to be a broken
immigration system. And what that means is that we have
certain obligations to enforce the laws that are in place
even if we think that in many cases the results may be
tragic. . . . [W]e've kind of stretched our administrative
flexibility as much as we can[.]'' (2/14/13)
18. ``I think that it is very important for us to recognize
that the way to solve this problem has to be legislative. I
can do some things and have done some things that make a
difference in the lives of people by determining how our
enforcement should focus. . . . And we've been able to
provide help through deferred action for young people . . .
But this is a problem that needs to be fixed legislatively.''
(7/16/13)
19. ``My job in the executive branch is supposed to be to
carry out the laws that are passed. Congress has said `here
is the law' when it comes to those who are undocumented, and
they've allocated a whole bunch of money for enforcement.
And, what I have been able to do is to make a legal argument
that I think is absolutely right, which is that given the
resources that we have, we can't do everything that Congress
has asked us to do. What we can do is then carve out the
DREAM Act folks, saying young people who have basically grown
up here are Americans that we should welcome. . . . But if we
start broadening that, then essentially I would be ignoring
the law in a way that I think would be very difficult to
defend legally. So that's not an option. . . . What I've said
is there is a there's a path to get this done, and that's
through Congress.'' (9/17/13)
20. ``[I]f, in fact, I could solve all these problems
without passing laws in Congress, then I would do so. But
we're also a nation of laws. That's part of our tradition.
And so the easy way out is to try to yell and pretend like I
can do something by violating our laws. And what I'm
proposing is the harder path, which is to use our democratic
processes to achieve the same goal that you want to achieve.
. . . It is not simply a matter of us just saying we're going
to violate the law. That's not our tradition. The great thing
about this country is we have this wonderful process of
democracy, and sometimes it is messy, and sometimes it is
hard, but ultimately, justice and truth win out.'' (11/25/13)
21. ``I am the Champion-in-Chief of comprehensive
immigration reform. But what I've said in the past remains
true, which is until Congress passes a new law, then I am
constrained in terms of what I am able to do. What I've done
is to use my prosecutorial discretion, because you can't
enforce the laws across the board for 11 or 12 million
people, there aren't the resources there. What we've said is
focus on folks who are engaged in criminal activity, focus on
people who are engaged in gang activity. Do not focus on
young people, who we're calling DREAMers . . . That already
stretched my administrative capacity very far. But I was
confident that that was the right thing to do. But at a
certain point the reason that these deportations are taking
place is, Congress said, `you have to enforce these laws.'
They fund the hiring of officials at the department that's
charged with enforcing. And I cannot ignore those laws any
more than I could ignore, you know, any of the other laws
that are on the books. That's why it's so important for us to
get comprehensive immigration reform done this year.'' (3/6/
14)
22. ``I think that I never have a green light [to push the
limits of executive power]. I'm bound by the Constitution;
I'm bound by separation of powers. There are some things we
can't do. Congress has the power of the purse, for example. .
. . Congress has to pass a budget and authorize spending. So
I don't have a green light. . . . My preference in all these
instances is to work with Congress, because not only can
Congress do more, but it's going to be longer-lasting.'' (8/
6/14)
Further, notwithstanding the President's own legal argument to the contrary, Mr. Obama's supporters argue that he simply is doing what Presidents Reagan and Bush 41 did. This statement is simply not true. Instead, President Reagan and Bush responded in a statutorily acceptable matter to an ambiguity in a specific law and did not seek to circumvent or prevent enforcement of the law as it was written.
I supported recent House legislative action to defund the President's executive actions based on the facts above, as well as my view that Congress must in fact fix our broken immigration system by legislation.
The separation of powers argument here is clear. In article I of the U.S. Constitution, Congress is granted the enumerated power of setting uniform law for naturalizing our citizens.
Mr. Obama's approach violates this provision by both exceeding his constitutional authority as well as his sworn obligation to faithfully execute the laws as passed by Congress.
While we are all familiar with the Executive's obligation to faithfully execute, we must focus on the cynical distrust that doing the opposite causes among our citizens.
James Madison in Federalist 51 discussed the need for each branch of government to guard against overreach by another. ``When such an overreach occurs,'' Madison stated, ``ambition must be counteracted by ambition.'' And clearly, our government works best when each branch stays within its prescribed boundaries.
Supreme Court Justice Kennedy argued this in a recent separation of powers case before the court when he said:
Liberty is always at stake when one or more of the branches
seek to transgress the separation of powers.
As a matter of principle, as a matter of our role in Congress, I urge my colleagues in the Senate to stand up for the proper separation of powers and assert that Congress alone can debate and enact such sweeping changes to our immigration system.
Mr. Speaker, Members seeking to reform our broken immigration system should support our efforts to rein in this tyranny of the Executive. Only then can Congress work together to craft the proper solutions to fix our broken system. Only then will Congress come together and insist on a border that is secure and fully functioning as a cornerstone of our homeland security.
With a land, sea, and air border that knows who and why people are entering our beloved Nation, we can then turn our attention to those many connecting facets of our system: visa overstays; lack of a balanced, well-staffed, and functioning guest worker program; adequate welcome and legal openings for those facing persecution; speedy adjudication for those aliens who are detained; opportunities for needed workers, professors, and students in our universities; and finally, a process for handling those among us who remain outside our legal tax and societal systems.
Mr. Speaker, I urge my colleagues in the Senate to stand up for the first branch and our constitutional prerogative. Take action on our Homeland Security bill and send it back to the House.