Regarding Obama's new immigration policy change - there is NO Executive Order

[Tx4obama]

Last edited Sun Jun 17, 2012, 11:21 PM - Edit history (2)

I am amazed at how many in the media (TV, articles, etc) keep talking about an 'Executive Order', so far it seems like 90% of what I've heard and read has been incorrect. Reporters/TalkingHeads haven't done their homework!

Obama did NOT issue and did NOT sign an Executive Order.

The change in immigration policy was set forth in a memorandum written and signed by Napolitano.




Edited to add:

Be sure to check out the article below for more details

Exercising Prosecutorial Discretion Is Different From Issuing An Executive Order: http://mediamatters.org/research/201206160002

[elleng]

1. Right, informing it how he would like it to use its discretion,

in excluding people.

One excuse, but its time for media to be called on this: Legal matters can be complex, complicated, and require attention to words and details to understand.

'Administration officials said the president used existing legal authority to make the broad policy change, which could temporarily benefit more than 800,000 young people. He did not consult with Congress, where Republicans have generally opposed measures to benefit illegal immigrants.

The policy, while not granting any permanent legal status, clears the way for young illegal immigrants to come out of the shadows, work legally and obtain driver’s licenses and many other documents they have lacked. . .

Under the change, the Department of Homeland Security will no longer initiate the deportation of illegal immigrants who came to the United States before age 16, have lived here for at least five years, and are in school, are high school graduates or are military veterans in good standing. The immigrants must also be under 30 and have clean criminal records. . .

The action was the first measure by Mr. Obama that offers immediate relief to large numbers of illegal immigrants, in contrast to smaller steps the administration had taken that were intended to ease the impact of deportations but in practice had little effect. During the three years of his term, Mr. Obama has deported more than 1.1 million immigrants, the most by any president since the 1950s.

“Now let’s be clear: this is not an amnesty,” Mr. Obama said in the Rose Garden, anticipating the Republican response. “This is not a path to citizenship. It is not a permanent fix.” . .

For immigrants who come forward and qualify, Homeland Security authorities will use prosecutorial discretion to grant deferred action, a reprieve that will be valid for two years and will have to be renewed. Under current law, that status allows immigrants to apply for work permits.

In a memorandum issued Friday referring to the students, Homeland Security Secretary Janet Napolitano instructed all enforcement agents to “immediately exercise their discretion, on an individual basis, in order to prevent low-priority individuals from being placed into removal proceedings.”

But Homeland Security officials said they would begin accepting requests from immigrant students in 60 days, leaving time to prepare procedures to handle the huge response they expect.

http://www.nytimes.com/2012/06/16/us/us-to-stop-deporting-some-illegal-immigrants.html?pagewanted=1&ref=politics

[dkf]

4. So if they turn themselves in and the order gets rescinded, the work visas are null and void...

And they have outted themselves as being here illegally?

That is pretty risky.

I'm thinking they really ought to see who wins before trying this.

It also means Presidents have the authority to never deport anyone for being here illegally? Is this power valid for all federal laws?

[elleng]

5. Prosecutors, everywhere, have 'prosecutorial discretion,'

A prosecuting attorney’s option to make choices with regard to charges, plea bargaining, sentence recommendation, and so on.

http://mediamatters.org/research/201206160002

[dkf]

6. Can he also make blanket decisions not to prosecute certain drug laws? Just curious.

[Tx4obama]

7. Thank you for posting that link. I'll add it to the OP so that no one misses it :) n/t

[elleng]

8. Thanks, Tx4.

[zbdent]

2. prime example of the "liberally-biased media" slobbering all over Obama ...

[freshwest]

3. The fact-free media strikes again. All corporate propaganda, all the time. It works so well.

[Major Hogwash]

9. It was a simple change in policy, but we already have Romney saying it was an executive order

So, the media was just following Romney's lead, repeating it over and over again, like they always do.

The Presidential debates are going to be an exercise in futility.
I predict that at one point in the first debate President Obama will turn to the moderator and the camera, and say, "Is this the best they've got? Really? Com'on, I've seen better 8th grade debaters than this!!"

[Tx4obama]

10. And see below

former George W. Bush administration Attorney General Alberto Gonzales is saying it is an 'Executive Order' too

Fmr. Bush Atty General: Obama May Have Violated Oath Of Office With New Immigration Policy
Here: http://www.mediaite.com/online/fmr-bush-atty-general-obama-may-have-violated-oath-of-office-with-new-immigration-policy/


Apparently ALL the Republicans just go along with the daily talking points and don't try to first look at the facts!

[Major Hogwash]

11. Coming from him, that's hilarious!!

I mean, what I can say, that's about as far out into the Twilight Zone as it gets when Gonzales says something about what is legal and what is not legal when it comes to the office of the President.

[Tx4obama]

12. Bump! n/t