Obama’s unlawful “Deferred Action for Parents of Americans” (DAPA) backdoor amnesty program wouldn’t just shield illegal aliens from deportation. According to this brief filed by Texas Attorney General Ken Paxton, it would circumvent both statutory law and congressional will to bestow a number of government transfer program benefits to to those illegal aliens.
DAPA is unlawful because the Executive exceeded its statutory authority.
The power to establish when aliens are lawfully present is “entrusted exclusively to Congress,” which enacted “extensive and complex” statutes governing lawful presence. Arizona, 132 S. Ct. at 2499, 2507. Congress has never given the Executive carte blanche to grant lawful presence to any alien it chooses not to remove. Congress would have needed to delegate such power “expressly,” because this is “a question of deep ‘economic and political significance’ that is central to [the INA’s] statutory scheme.” King v. Burwell, 135 S. Ct. 2480, 2489 (2015). After all, DAPA removes eligibility bars for numerous significant benefits—such as Medicare, Social Security, and the Earned Income Tax Credit. Yet Congress in 1996 amended immigration statutes expressly to deny benefits to unlawfully present aliens whom the Executive chooses not to remove. DAPA flouts that congressional directive.
For Democrats, they get to create another 4 million voters and make them eligable for government transfer programs, all in one fell swoop, and get the American taxpayers to pay for it…
(Hat tip: Director Blue.)
Tags: amnesty, Border Controls, Illegal Aliens, Ken Paxton, Medicare, Social Security, Supreme Court, Texas