Tuesday, May 26, 2015

The Fifth Circuit is calling on their own previous decision to impair the Executive Order regarding the Undocumented.

Texas v. United States, Civ. No. B-14-254, 2015 WL 648579 (S.D. Tex. Feb. 16, 2015) (click here)

President Obama needs to move this to a more neutral court for a decision based in any constitutional context. The President is caught in a rut. 

It seems very obvious to me the Fifth Circuit is attempting to reroute the US Constitution. The citations in this decision would choke a horse. 

Is the Fifth Circuit citing paragraphs that would challenge best editor?

The Fifth Circuit is an activist court. That is known. They are the problem in so many of the BP claims it calls to mind malpractice of the court. 

What does the memo from Former Janet Napolitano have to do with disregarding an Executive Order? (click here) 

This memo was written in June 2012. This statement by the Former Secretary clearly outlines exemptions from prosecution and calls these young people as "Low Priority" leading to prosecution. Why do these young people have to live in fear of the only government they have ever known including their familes, whom they love very much.

"...additional measures are necessary to ensure that our enforcement resources are not expended on these low priority cases but are instead appropriately focused on people whom  meet our enforcement priorities...." 

This entire memo speaks very clearly to the fact THE CONSTITUTIONAL USA is very interested in protecting those that live a life in respect to the law, lives a productive life and is not at all a risk to the USA's security. 

This decision is out full of problems, including, disregarding the actual context of the memo which protects this CLASS of people within the sovereign borders of the USA. Of course this court was going to rule this way, they got it wrong the first time, why not now?

This single citation disqualifies the decision. This memo does not call for prosecution, it calls for discretion of prosecution. There is nothing within this memo that supports the court's decision.

We know for a fact Deferred Action is constitutional. These decisions by the Fifth Circuit have to be removed. 

This court is a disaster. There is no critical thinking and what is sides with unconstitutional content.

The court in this case states:  

 ... the DACA Memo purported to“confer no substantive right, immigration status or pathway to citizenship.” Of the at least 1.2 million persons who qualify for DACA, approximately 636,000 have been accepted through 2014.

Does the Fifth Circuit believe everyone in the USA are morons? Seriously. The Secretary of Homeland Security cannot confer citizenship by a memo.

President Obama needs to take the 'buloney' by the horns and get this over with. The Fifth Circuit is basking in it's own glory and without constitutional content. 

The new AG needs to get on with this mess and get the decision out of the Fifth Circuit. 

This decision assumes the people falling under both Executive Orders are not eligible for citizenship. That's nonsense. The Fifth Circuit built a political dreamscape that isn't anchored in law or precedent. 

It is all nonsense. It is legal engineering and not sound principle of law and precedent. This decision has to be vacated. 

The fact of the matter is the CLASS OF PEOPLE within the sovereign borders of the USA would be eligible for citizenship other than being currently undocumented. The fact is any people of this CLASS has significant proof of their worthiness and participation in American society. They are not only living here but contributing to the overall prosperity of the private business sector. The arguments are many and too numerous to count that testify to the well being of the USA due to their presence and employment. 

The decision of the Fifth Circuit is wayward and that is being polite. The USA needs to submit THE BENEFITS this CLASS has brought and continues to bring to the country. There has to be a reason for deferred status and the reason is highly benevolent for this CLASS of people. It is harmful to the USA and it's future to expel any of these people. 

If at all possible, the US Attorney General should ask for complete discharge of this decision on an expedient basis.