Cultural Marxist Kritarchs Seeking To Impose DACA On The Nation
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It appears that President Trump will end the Deferred Action For Childhood Arrivals (DACA), the illegal and unconstitutional amnesty for a certain group of illegal aliens in the United States. There will apparently be a six month delay before the illegal amnesty ends. This is supposedly for a legislative solution—perhaps including a wall, reduction in legal immigration, and E-Verify. That has been rejected out of hand by the Cultural Marxists, as they know RINOs like Paul Ryan will cave to any of their demands.
President Donald Trump is strongly considering a plan that would end the Obama-era program that shields young unauthorized immigrants from deportation, but only after giving Congress six months to come up with a potential replacement for the popular initiative, according to three administration officials briefed on the discussions.
Officials working on the plan stressed that Trump could still change his mind, and some key details had not yet been resolved. Among them: whether beneficiaries of the program, known as Deferred Action for Childhood Arrivals, or DACA, would be allowed to renew their protected status during the six-month period.
The compromise, which could lead to legislation superseding President Barack Obama’s executive order, is intended to address a growing chorus of Republican lawmakers, led by the House speaker, Paul D. Ryan, who have implored the White House to keep some form of the program.
[Trump Considers Ending The ‘Dreamers’ Program, With A 6-Month Delay, Reports Say, By Maggie Haberman And Glenn Thrush, NYT, September 04, 2017]
Furthermore, RINO Ileana Ros-Lehtinen, who voted for Hillary Clinton and supports Obamacare, went ballistic, claiming these illegal aliens should be protected.

Morbidly Obese RINO Ileana Ros-Lehtinen

Truly, evil is reflected in her horrid visage.

And, as predicted, the Cultural Marxists are moving on the legal front, as I warned repeatedly and very recently, the Treason Lobby is moving to impose DACA through the Kritarchs [Kritarchs, State And Federal, Moving Again To Take Over Immigration Enforcement, by Federale, Federale Blog, August 26, 2017] This is what Robert Bork described as the ratchet effect—once something is done, it becomes a constitutional right, regardless of what the Constitution says.

In this case, Cultural Marxists from the several States are now declaring that DACA is a right held by certain illegal aliens (but apparently not others) to remain in the United States. And once that is in effect, all the other illegal aliens will get the same right to remain. This is the plan, an imposition of Amnesty by Kritarchs:

New York and Washington state on Monday vowed to sue President Donald Trump if he scraps a program shielding from deportation immigrants who came to the United States illegally as children...
New York Governor Andrew Cuomo, in a joint statement with the state's attorney general, Eric Schneiderman, said "the president's action would upend the lives of hundreds of thousands of young people who have only ever called America their home."
In a separate statement, the attorney general of Washington state, Bob Ferguson, also threatened legal action. "I will use all the legal tools at my disposal to defend the thousands of Dreamers in Washington state," he said in a statement.
Ferguson and Schneiderman were among 20 attorneys general who wrote to Trump in July to tell him that if he ended the program, they would defend it "by all appropriate means."
[New York Vows To Sue Trump Over Immigrant Children Protections, By David Shepardson, Reuters/Yahoo, September 4, 2017]
DACA is, allegedly, a program where a Federal law enforcement agency, U.S. Immigration and Customs Enforcement (ICE), decided to exercise its prosecutorial discretion and developed an enforcement strategy whereby certain groups of criminals were not only given low priorities for arrest and deportation, but effectively immunized from arrest, barring only criminal or terrorist activities in the future.

Additionally, another Federal law enforcement agency, U.S. Citizenship and Immigration Services (USCIS), decided exercise its discretion and to give those aliens employment authorization. Both acts were illegal, especially the employment authorization. But in the end, the actions were discretionary and unreviewable by a court.

The major problem is that only a certain group of illegal aliens were given those benefits. Other groups of illegal aliens were denied access to this benefit of prosecutorial discretion and employment authorization. Clearly this is an equality before the law issue, but the solution was that the exercise of prosecutorial discretion and employment authorization was illegal, not that additional aliens were eligible.

Furthermore, both the baseless exercise of non-feasance (DACA  was really  an Administrative Amnesty) and the employment authorization were not authorized by law and a usurpation of the authority over immigration granted by the Constitution to Congress in Article I, Section 8, Clause 4.

Correspondingly, there is no basis, much less legal standing to litigate the case, for the States to claim that an exercise of prosecutorial discretion by the Executive Branch becomes in any manner or substance a right to be exercised by a State on behalf of an individual, in this case an alien subject to deportation.

What the States will have to claim is that a State may serve as the Federal government in making deportation decisions. So much for separation of powers, which just a few short years ago, New York and Washington were arguing that the Federal government was supreme in the Arizona v. United States case over Arizona's Support Our Law Enforcement and Safe Neighborhoods Act, which authorized State enforcement of immigration laws. Now the Cultural Marxists are arguing that States have primary authority over immigration.

Neil Gorsuch,  our lonely Nation turns its eyes to you in our time of need.

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