Obama Never Signed Executive Order on Immigration

Texas governor-elect files suit

President Obama’s big announcement of signing an executive order to grant de facto amnesty to millions of illegal immigrants was just an elaborate “head fake,” according to WND. No executive deportation deferment order was officially filed and the documents the president signed in Las Vegas had little to do with his announced immigration plans.

Thursday WND reported that the National Archives and Records Administration, the entity responsible for filing executive orders, confirmed that no order related to the president’s immigration announcement of Nov. 20 were filed.

“As I indicated, it would appear that there is not an Executive Order stemming from the President’s remarks on November 20 on immigration,” National Archives librarian Jeffrey Hartley said in an email to WND. “The only two documents that I have located are two Presidential Memoranda, which are available from the White House site. They can also be found in the November 26, 2014 issue of the Federal Register.”

The two documents Hartley referenced were the actual documents the president signed for the cameras in Las Vegas on Nov. 21. As WND explains, they were only loosely related to his amnesty plans:  

One was a presidential proclamation creating a White House Task Force on New Americans and the other a presidential memorandum instructing the secretaries of State and Homeland Security to consult with various governmental and non-governmental entities to reduce costs and improve service in issuing immigrant and non-immigrant visas.

The president’s announced immigration action seems to be based solely on a memorandum from DHS recommending action to the White House and Jeh Johnson. A lawsuit led by Texas Attorney General and Governor-elect Greg Abbott—now joined by 16 states—against the president’s immigration actions addresses the unconstitutional nature of the memorandum and the president’s failure to follow the “Take Care” clause:

The complaint states: “The President’s new policies were effectuated through Defendant Johnson’s DHS Directive.”

If confirms WND’s report that the only Obama administration document relevant to the plan Obama announced Nov. 20 is a DHS memorandum signed by Johnson titled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents.”

Abbott’s complaint further indicated the only basis for the DHS memo directing the change in the operation of the Deferred Action for Child Arrivals program was not a presidential executive order but a legal opinion written by the principal deputy assistant attorney general in the Office of Legal Counsel, Karl R. Thompson, to advise Johnson and White House counsel.

The principal argument in Abbott’s complaint is that the DHS directive violates the president’s constitutional duty to “take Care that the Laws be faithfully executed,” as set forth by the U.S. Constitution in Article II, Section 3, Clause 5.

Read the full report here.

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