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Former New Jersey Superior Court Judge Andrew Napolitano has called Obama’s planned Executive amnesty “illegal,” while Senator Rand Paul has stated that a lawsuit may be the only way to stop it.
Appearing on Fox’s “The Kelly File” Monday, Napolitano told host Megyn Kelly that Obama would be “playing with constitutional fire,” if he went ahead with a promise to issue on Executive Order on immigration reform.
“When he suspends deportations and when he imposes his own conditions on those suspensions, he is effectively rewriting the law,” Napolitano said.
“And that violates his oath to enforce and uphold the law as it’s been written. The American people, the Congress and the courts need to know that we have a president who will enforce the law. When he says ‘I will not enforce the law because I don’t like it, or I’m impatient,’ that doesn’t wash under the Constitution.” the libertarian analyst added.
Obama has vowed to address immigration reform before the year end in what is now a ‘lame duck’ session.
The judge added that, while the President has “prosecutorial discretion,” he cannot rewrite the law on a whim.
“He can suspend some prosecutions because he wants to reallocate resources. But he cannot suspend a statute,” Napolitano said. “And if he suspends the prosecutions of 5 million human beings under certain conditions that he made up, he is effectively rewriting the statute and the effect of his exercise of his discretion is the opposite of what the law commands.”
Asked at what point he crosses the line, Napolitano answered “When he grossly abuses his discretion.”
“When the effect of his discretion is to suspend a statute or to have the opposite effect of what the statute commands, that is a gross abuse. He will be playing with constitutional fire if he does this.” the judge added.
Napolitano also recently declared that Obama would be “a candidate for impeachment” should he press ahead with Executive amnesty.
The comments were made following revelations that the Obama administration is overseeing a federal order for 34 million blank work permits and green cards.
Meanwhile, a new report from the Federation of American Immigration Reform (FAIR) exclusively provided to Breitbart News ahead of its public release claims that illegal aliens provided amnesty will have immediate access to welfare and other public benefits.
The report notes that Obama could give the millions of illegals “humanitarian parole,” under the Immigration and Nationality Act (INA).
“Obama’s executive amnesty isn’t only unconstitutional but costly; from day one it opens up federal and state benefits to individuals who are still illegal aliens, regardless of the label the President puts on them,” FAIR executive director Julie Kirchner told Breitbart News.
The report also notes that Obama could issue a decree of “deferred action,” similar to the actions he took under the 2012 Deferred Action for Childhood Arrivals (DACA), which many argue has led to an influx of minors over the Southern border. This too would allow for state benefits and even healthcare for illegals.
Kentucky Senator Rand Paul weighed in on the situation Monday, noting that a lawsuit “may be the only recourse” to overturn an executive order on immigration.
“There’s a famous Supreme Court case, Youngstown Steel, where the Supreme Court actually overturned an executive order and said that the president cannot expressly do something that Congress is telling them not to do.” Paul noted.
“I think with regard to immigration reform he’s doing something that Congress has not instructed him to do, and in fact has instructed him otherwise,” The Senator added. “So, I think the Supreme Court would strike it down, that takes a while, but that may be the only recourse short of a new president” he further stated.
