As predicted by this blog, when the Obama Regime began its Administrative Amnesty the issue of who qualifies for the rather amorphous standards was one of the major problems of administering the Amnesty. And as a matter of course the Treason Bar stepped in. And quite rightly so.
Immigration is about law and regulations. There are no laws or regulations authorizing the amnesty. As a side note regulations are not just the subjective written opinion of the Executive Branch, but the rules for implementing legislation. There is no legislative or Constitutional authority for the Administrative Amnesty. Therefore there is no basis in law for the administration of the Administrative Amnesty.
The problem then arises when those who do not get the Administrative Amnesty then demand it. One of the principles of American jurisprudence is equality before the law. The Executive Branch cannot just give out benefits willy-nilly. It can only do so based on law. And without law, the Administrative Amnesty becomes an insane mess and then steps in the Treason Bar.
WaPo/AP July 12, 2012
LOS ANGELES (Reuters) - A Philippine immigrant filed a lawsuit on Thursday seeking a legal right to stay in the United States based on her same-sex marriage to an American.
The suit seeks to win for gays and lesbians the same immigration rights as heterosexual couples. The group that helped file the suit against the U.S. Department of Homeland Security called it the first proposed class action of its kind.
Plaintiffs Jane DeLeon, an immigrant from the Philippines, her son Martin Aranas, 25, and DeLeon`s U.S. spouse Irma Rodriguez challenged the federal Defense of Marriage Act (DOMA), which defines marriage as the union of a man and a woman.
President Barack Obama said last year he considered the 1996 law unconstitutional and would no longer defend it. But the lawsuit filed in federal court in Los Angeles faults the Obama administration for reviewing immigration cases involving same-sex couples on a case-by-case basis, rather than placing them on hold while courts determine DOMA`s constitutionality.
Peter Schey, executive director of the Center for Human Rights and Constitutional Law and the lead attorney in the case, said the waiver DeLeon was seeking to stay in the country was often granted to heterosexual couples.
Of note: this blog has documented not only Administrative Amnesty for heterosexuals who violate immigration law, but also how DHS and Eric "My People" Holder at the Department of Justice have an Administrative Amnesty for homosexuals as well. The question is "How does it justify amnesty for one and not for another?" It is a basic question of equality before the law.
The Regime is providing benefits to alien: relief from deportation and employment authorization. Therefore everyone has a right to apply. And since there is no legislative basis for the Administrative Amnesty, who determines the standards of the Amnesty? Certainly not without objective standards and recourse to the courts.
But it appears that by unlawfully administering benefits for some but not for others, the Regime is inviting an activist court to extend the Administrative Amnesty to all illegal aliens. We will then be confronted with both a lawless Executive and an unsurprisingly lawless Judiciary.
Probably the plan all along. And where are RINOs like John Boehner? Where is Mittens? Nowhere to be found.
And that is probably part of the plan as well. And don`t expect relief from John Roberts. He hates the Constitution too.