Judicial Watch Sues DOJ and DHS for Records about Legal Basis of Obama’s New ‘Amnesty’ Program

Judicial Watch
8/16/2012

Judicial Watch announced today that it filed a lawsuit in the United States District Court for the District of Columbia on August 15, 2012, against the Department of Justice (DOJ) and the Department of Homeland Security (DHS) for documents related to the “Deferred Action for Childhood Arrivals” directive issued on June 15, 2012 (Judicial Watch v. Department of Justice et al. (No. 1:12-cv-01350)).  The new Obama administration policy would allow certain illegal aliens under the age of 31 to apply for protected status that would prevent their deportation and authorize them to work.

Specifically, Judicial Watch seeks the following records in its June 22, 2012, Freedom of Information Act (FOIA) request:

All records concerning…the Department of Homeland Security’s decision to exercise prosecutorial discretion with respect to individuals who came to the United States as children…Such records include, but are not limited to, opinions, memoranda, or legal advice rendered by the Office of Legal Counsel.

The DOJ acknowledged that on June 25, 2012, it received the FOIA request, and was required to issue a final response by July 24, 2012. To date, the DOJ has failed to respond to the request in accordance with FOIA law.

On June 22, 2012, Judicial Watch also submitted a similar FOIA request directly to the DHS, which acknowledged that on June 28, 2012, it had received the request. After granting itself a 10-day extension, DHS was required by FOIA law to respond by August 10, 2012. To date, the DHS has also failed to comply with FOIA law.

“This new Obama amnesty program is an attack on the constitutional role of Congress and runs rough shod over existing immigration law.  It is no surprise that the Obama administration doesn’t want to share the legal basis for this unilateral executive action and is violating Freedom of Information Act law to keep the American people in the dark,” said Judicial Watch President Tom Fitton.  “President Obama and his political appointees are abusing their offices with this new amnesty program.  If the administration were confident about the legality of its actions, it wouldn’t be keeping secret the legal basis for President Obama’s extraordinary decision to unilaterally change the law.”

Also at Judicial Watch, Obamnesty Hits the Streets as Millions of Illegal Aliens Line-up to Claim Legal Status

What does President Barack Obama call a bill which has repeatedly failed in Congress? A law!

The Department of Homeland Security yesterday began accepting applications for the “Deferred Action for Childhood Arrivals” (DACA) amnesty program. The move will award renewable two-year grants of legal status, including work cards and Social Security numbers, to illegal aliens claiming to have arrived before their 16th birthday.

Whereas before, a person actually had to come to the United States legally and through the proper channels to become a U.S. citizen, here are the “new and improved” qualifications needed to secure legal status and a path to citizenship…

…Make no mistake. This shameless and self-interested move by President Obama is about one thing: Votes. USA Today noted that the president’s prioritized deportation policy “fortified Hispanic enthusiasm” for his candidacy when first announced. According to a poll published at the time of the president’s announcement, approximately 8 in 10 Hispanics approved the suspended deportation policy. No surprises there.

In the end, I am convinced that this lawless amnesty program is not about the “Hispanic” vote, but the illegal alien vote.  It is no coincidence that this administration is opposing efforts in Florida to even ascertain whether there are non-citizens on the voting rolls.  And, of course, illegal aliens are less likely to have legitimate “voter IDs,” which also helps explain Obama, Inc.’s jihad against voter ID and other election integrity efforts…

Related: Governor Jan Brewer tells Mark Levin, “I’m Not Going to Sit Back and Let My Country Go To Hell” and an array of videos at NiceDeb.

Update:  Amnesty program (with a high potential for fraud) began today

…Similarly, illegal immigrants lined up in key swing states such as Florida, Colorado, Virginia, and North Carolina. These states, along with Iowa, Nevada, and New Mexico have enough Hispanic voters to potentially tip a very close election to Obama, if Hispanics swing toward him en masse.

In other blue states like New York and Illinois, thousands more lined up to apply for temporary status.”…

…The Obama administration completely bypassed Congress  in approving this measure.  Some Republicans, such as Rep. Steve King (R-IA), believe that Obama violated the Constitution in implementing this program.  King has vowed to sue the administration…

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