Today’s decision in United States v. Texas is not just a victory for Texas, Alabama, and a majority of the States in this great nation who challenged the lawless actions of the Obama Administration, but a victory for the American people and for the rule of law.
In November of 2014, the Obama Administration announced to the world that it was going on strike. It would cease enforcing immigration law. Under the guise of exercising prosecutorial discretion, it explicitly directed law enforcement officers not to enforce the law – forcing them to violate their oath of office to support and defend the Constitution of the United States – and effectively eliminating entire sections of the United States Code.
Not only did the Obama Administration direct the officers and agents of the Department of Homeland Security not to follow plain law, it further decreed that those who came illegally and had children in the United States would be allowed to stay in the United States, be granted work permits, and be provided access to certain federal benefits. No wonder U.S. Immigration and Customs Enforcement has the lowest morale of any federal agency.
Thankfully, over a year ago, Judge Andrew Hanen in the United States District Court for the Southern District of Texas issued an injunction that stopped the Obama Administration from proceeding with its lawless immigration system. The United States Court of Appeals for the Fifth Circuit upheld Judge Hanen’s injunction, and today’s decision confirms that the Obama Administration’s lawless plans still may not proceed.
But this fight is far from over. The case now will be sent back for additional litigation on the merits of the case, and the ultimate outcome remains uncertain. What is clear, as highlighted by the egregious unethical conduct by the Department of Justice lawyers, in this case, is that this Administration will stop at nothing to forge ahead with its lawless plans – which arguably have already caused substantial damage to the integrity of our immigration system.
The message that the Obama Administration has broadcast to the world is that ‘if you can get here, you can stay here.’ According to official statistics from U.S. Customs and Border Protection, the number of so-called ‘family units’ apprehended at the southern border has already exceeded the number that were apprehended in all of FY 2015 – approximately 12 percent more so-called ‘family units’ apprehended through May of this year than were apprehended during all of last year. And total apprehensions of all aliens appear to be on the rise.
Last month, the head of the Border Patrol Council testified that for every alien apprehended by the Border Patrol, we could assume one evaded detection. He further testified that of those apprehended, at least 80 percent are released into our country.
This simply cannot continue.
The extent to which the Administration directed its officers not to enforce plain law is one of the most brazen acts of legal disobedience in the history of America. Could the next President refuse to enforce tax laws he or she does not like? Why are our immigration laws any different?
This Administration’s lawless actions fly in the face of the will of the American people. And yet, despite having the most radical immigration policies in our nation’s history, Hillary Clinton has promised to go even further than President Obama if she becomes President – promising to deport only violent felons and terrorists. Moreover, if she gains the ability to appoint a new Justice to the Supreme Court, the outcome of a challenge to a similar executive amnesty could come out the other way.
The American people have every right to demand that our generous legal immigration flow be followed, and that it reflect their wishes. And the American people are good and decent and have every right to expect that our laws will be carried out.
The actions and policies advanced by President Obama, Hillary Clinton, and Democratic politicians are radical. They are directly contrary to our constitutional principles and the will of the American people. They must be stopped.
Jeff Sessions represents Alabama in the United States Senate
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