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
The Executive Action Is A Type Of Long-Accepted Prosecutorial Discretion
Prosecutorial Discretion Is Widely Used By Law Enforcement, Not Just For Immigration
Republicans Supported The Same Type Of Prosecutorial Discretion In The Past
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.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.
Bill O'Reilly make sure to visit the home page: www.oreilly-sucks.com