Overlooked in the Obama Regime assault on the Constitution during the recent announcement of a DREAM Act amnesty for illegal aliens age 30 and under is the recent decision by the Ninth Circus Court of Schlemiels that laid the basis for a group of illegal aliens not benefiting from the earlier Obama Regime Administrative Amnesty to claim rights under that earlier amnesty.
Previously the Obama Regime announced a priority list of aliens eligible for deferred action, including work authorization. Those aliens were any alien not a security risk and not having a felony conviction or two or more misdemeanor convictions. However the administration of this amnesty was haphazard and seeing that there was a certain uniform administration of this amnesty a clique from the Treason Bar decided to demand said amnesty from the government. They took their claim for access to the amnesty program to the Ninth Circus who immediately accepted the premise that the aliens had a case under the Equal Protection Clause and various legal standards, one being that the government cannot administer a benefit to select members of a group, but must administer that benefit equally.
One claim was equal protection, the other based on due process. The Obama Regime claimed to be blindsided, but the result was predictable. It is clear cut law that a benefit must be administered equally, not just to an administratively selected group, especially if there is no statutory basis for the program, of which the Obama Regime Administrative Amnesty is one that is lawless in all the implications of that word.
Now that the Regime has announced an expansion of their Administrative Amnesty, an amnesty supposedly restricted to the 30 and under crowd, just what will be the reaction of the Treason Bar? Will they remain silent while the rest of their clients are deported or don`t get employment authorization?
Of course not. The next step, and in seeming coordination with the Treason Bar which was barely a week ago complaining that the Regime`s amnesty meant nothing for their clientele, will be a judicially imposed amnesty based on equal protection and due process claims. And they will be correct.
There is no legal basis for the Regime`s DREAM Act amnesty. There is nothing in law that allows the President to give employment authorization to illegal aliens under age 30 but withhold it from illegal aliens age 31, 41, 51 or 61. There is nothing in the law authorizing it for aliens who have a GED or high school diploma earned in the United States.
What would be the legal basis to withhold it from aliens with a HS diploma or GED from outside the United States? Or to withhold it from those without either? There is plenty of room for an activist judiciary to find those distinctions without basis in law and to be covered by equal protection and due process rights that have been long ago extended to illegal aliens.
So it is clear that the DREAM Act formal amnesty is only a first step. Lawless though it is, don`t look for the courts to stop it as some Republicans are claiming they will be doing.
The only way to stop this is either impeachment or use of the power of the purse, which in some areas the Republicans were attempting before the recent amnesty (on other issues like the Morton Memos) but without the support of Speaker John Boehner who has been nothing but hostile to immigration law enforcement.