O'Reilly Wrong About The Constitution & Obama's Power
By: Steve - November 16, 2014 - 10:00am

As usual, Billy O'Reilly is wrong when he says Obama does not have the power to put in place immigration orders that build upon the 2012 Deferred Action for Childhood Arrivals (DACA) program and provide temporary administrative relief for certain undocumented immigrants.

Because he does, as usual O'Reilly is spinning out right-wing talking points and biased opinions, instead of the facts.

President Obama is expected to announce immigration orders that build upon the 2012 Deferred Action for Childhood Arrivals (DACA) program and provide temporary administrative relief for certain undocumented immigrants, an exercise of prosecutorial discretion that O'Reilly and the right-wing media have attacked as "lawless."

But experts across the political spectrum acknowledge that this type of executive action has long been practiced and authorized under federal immigration law.

Here are some headlines, and O'Reilly ignored them all:

Right-Wing Media Has Been Misinforming About The Action For Months

http://mediamatters.org/research/2014/11/13/right-wing-media-wrong-about-the-legality-of-th/201553#attacking

The Executive Action Is A Type Of Long-Accepted Prosecutorial Discretion

http://mediamatters.org/research/2014/11/13/right-wing-media-wrong-about-the-legality-of-th/201553#discretion

Prosecutorial Discretion Is Widely Used By Law Enforcement, Not Just For Immigration

http://mediamatters.org/research/2014/11/13/right-wing-media-wrong-about-the-legality-of-th/201553#enforcement

Republicans Supported The Same Type Of Prosecutorial Discretion In The Past

http://mediamatters.org/research/2014/11/13/right-wing-media-wrong-about-the-legality-of-th/201553#republicans

The president will announce a plan to issue an executive order to "protect up to five million undocumented immigrants from the threat of deportation," which may defer action on deportation proceedings for undocumented parents of U.S. citizens, beneficiaries of DACA, or children otherwise legally present. Obama's plan is also expected to provide opportunities for undocumented immigrants to obtain work permits, similar to DACA.

Officials said one of the primary considerations for the president has been to take actions that can withstand the legal challenges that they expect will come quickly from Republicans. A senior administration official said lawyers had been working for months to make sure the president's proposal would be "legally unassailable" when he presented it.

Most of the major elements of the president's plan are based on longstanding legal precedents that give the executive branch the right to exercise "prosecutorial discretion" in how it enforces the laws. That was the basis of a 2012 decision to protect from deportation the so-called Dreamers, who came to the United States as young children. The new announcement will be based on a similar legal theory, officials said.

And more: In 2012, almost 100 law professors wrote a memo to the president explaining the decades-old legal precedent for the executive branch to exercise prosecutorial discretion and defer action on the deportation of certain undocumented immigrants. These arguments were used by the White House when it created DACA, a use of "clear executive authority" that is a "long-standing form of administrative relief."

UCLA Law Professor Hiroshi Motomura was the principal author of the 2012 memo that outlined the legal rationale for temporary administrative relief like DACA. Motomura explained that the president could build upon the program as is being reported, which is essentially "a list to prioritize who should be deported first."
MOTOMURA: The DACA program applies to any undocumented immigrant age 16 to 31 who came to the United States as a child, has either graduated from high school or is currently enrolled in school, and doesn't have a criminal record.

The government basically promises not to deport these youths and adults for two years and allows them to work legally in the United States. They don't get permanent residency or a path to U.S. citizenship, however -- as they would have if Congress had passed the Dream Act.

As of June 2013, the administration had received more than 550,000 applications for DACA and approved about 72 percent of them. There were another 350,000 or so youths and adults in the country who likely qualify but either don't know about the program or can't pay the $465 application fee.

There are 11 million undocumented immigrants currently in the United States, and Immigrations and Customs Enforcement has said it only has the resources to deport about 400,000 of them per year. Someone has to be at the bottom of the list. DACA was a way of formalizing those priorities. The "Dream Act kids" are officially at the bottom of the list.

The legal rationale for the DACA program was outlined in a letter drafted in 2012 by UCLA law professor Hiroshi Motomura and co-signed by nearly 100 top legal scholars around the country. In an interview last year, Motomura told me that Obama could conceivably expand that program, but there are limits to how far he can go.

Here's how I think about it. If the president can make a list to prioritize who should be deported first, then I think it's clear that he can give people at the bottom of that list a piece of paper saying you're at the bottom, Motomura says.

"That's how I think about DACA. It's clearly within his discretionary power. But if he did this for every single immigrant, he would no longer be exercising his discretion. That would be problematic."
Think about this folks, this is the legal opinion of a Law Professor, and 100 other legal experts agree with his opinion. O'Reilly disagrees, and says it is not only un-constitutional, he also says it will harm the country. Which is just laughable, all it does it make parents of kids who are already here legal for 2 years, it does not harm anyone, it helps them.

O'Reilly is not a lawyer, and he is not qualified to give legal opinions. The actual legal experts disagree with him, even most of the conservative legal experts disagree with him. O'Reilly is nothing but a partisan right-wing hack who has a cable tv news show, that less than 1% of the people even watch, and 90% of that 1% are also right-wing stooges who believe all the spin and propaganda O'Reilly puts out.

Here are the facts: Obama does have the power to do it, and it will not harm the country because they are already here, and we can only deport 400,000 (out of 11 million) of them a year anyway. The reality is it would take about 30 years to deport the illegals who are here now, let alone in the future, so it's impossible.

O'Reilly lies about it to try and get public support against Obama, it's called right-wing talking points and right-wing propaganda, and it's coming from a dishonest fraud who says he is an Independent and not a Republican, while saying the exact same things the far-right loons are saying about it, and those are the facts.





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