DACA - A Violation of the Separation of Powers

Today, Attorney General Jeff Sessions announced plans to phase out DACA, or the Deferred Action for Childhood Arrivals program. DACA was a policy enacted under former President Obama as a benefit program for children who entered this country illegally and without documentation. In short, DACA is yet another example of the Obama Administration's repeated Executive overreach and interfering with the government's separation of powers.

General Sessions announced his remarks about DACA and its rescission:

This policy was implemented unilaterally to great controversy and legal concern after Congress rejected legislative proposals to extend similar benefits on numerous occasions to this same group of illegal aliens. In other words, the executive branch, through DACA, deliberately sought to achieve what the legislative branch specifically refused to authorize on multiple occasions. Such an open-ended circumvention of immigration laws was an unconstitutional exercise of authority by the Executive Branch. . . . 

We inherited from our Founders—and have advanced—an unsurpassed legal heritage, which is the foundation of our freedom, safety, and prosperity. As the Attorney General, it is my duty to ensure that the laws of the United States are enforced and that the Constitutional order is upheld. . . . 

This does not mean they are bad people or that our nation disrespects or demeans them in any way. It means we are properly enforcing our laws as Congress has passed them. . . . Our collective wisdom is that the policy is vulnerable to the same legal and constitutional challenges that the courts recognized with respect to the DAPA program, which was enjoined on a nationwide basis in a decision affirmed by the Fifth Circuit. The Fifth Circuit specifically concluded that DACA had not been implemented in a fashion that allowed sufficient discretion, and that DAPA was “foreclosed by Congress’s careful plan.”. . .  

Congress should carefully and thoughtfully pursue the types of reforms that are right for the American people. Our nation is comprised of good and decent people who want their government’s leaders to fulfill their promises and advance an immigration policy that serves the national interest. We are a people of compassion and we are a people of law. But there is nothing compassionate about the failure to enforce immigration laws. . . . The compassionate thing is to end the lawlessness, enforce our laws, and, if Congress chooses to make changes to those laws, to do so through the process set forth by our Founders in a way that advances the interest of the nation. . . .

Generally, it is the role of Congress as the Legislative Branch to create the rules; the duty of the President and the administration, as the Executive Branch, is to enforce the laws and create regulations--not in contradiction of the will of the Legislative Branch. This last part is where Obama's DACA fails, and President Trump and Attorney General Sessions should be applauded for respecting the rule of law and returning this important policy decision to Congress.

Another Maryland City Considers Allowing Non-Citizens to Vote

Several Maryland cities currently allow non-citizens to vote in local elections, and College Park is considering such a proposal:

The Prince George’s County city, home of the flagship University of Maryland campus and some 30,000 residents, is considering a measure to let noncitizens cast ballots for mayor and City Council — making it the latest target in a movement that has had more success in Maryland than anywhere else in the United States. . . . 

Supporters of the College Park measure say local elections center on trash collection, snow removal and other municipal services that affect people regardless of their citizenship status. The proposal, like those already approved in other small Maryland cities and towns, would not allow undocumented immigrants to vote for president, senator, congressman or governor. . . . 

Opponents say immigrants — even those in the country legally, such as green-card holders — should not be able to have a say in the direction of the community until they complete the process of becoming a citizen. . . . Jeff Werner, who advocates tighter restrictions on immigration with the group Help Save Maryland, said people who are in the country legally should have a voice in their communities, but if they are not citizens, their participation should not extend as far as voting.

Federal law controls who is eligible to vote in federal elections (U.S. citizens), but by state law in Maryland (and many other states), localities can determine eligibility requirements for local elections.  So while allowing non-citizens to vote in Maryland is completely legal (though perhaps surprising for many citizens), it is a bad policy decision.  Allowing non-citizens on the local voting rolls increases the likelihood that they will mistakenly be allowed to vote in state and federal elections.  States that allow 16- and 17-year-olds to pre-register to vote find with alarming frequency that if those underage citizens show up at the polls, they are allowed to vote.  The College Park proposal does not distinguish between legal residents and illegal immigrants, meaning that if someone has broken the law in his or her manner of entering the country, their vote would carry equal weight in local elections with a taxpaying citizen (and remember, local races are often won by very small margins).  Non-citizens are often transient and not as invested in the community as citizens.

It is unfortunate to see cities in Maryland bowing to liberal pressure to embrace this so-called "diversity" and "inclusiveness" at the expense of their citizens and at great risk to the integrity of their elections and to see increasing calls for similar laws in California and other liberal enclaves.

Obama Administration Moving to Allow Non-Citizens to Register to Vote

As the presidential primaries are well underway, the U.S. Department of Justice continues to attempt to block measures designed to keep non-citizen voters from being included in our elections.

Each vote recorded by a non-citizen residing in this country illegally or legally disenfranchises an eligible, citizen voter.  States have taken prudent steps to prevent non-citizen voting by requiring proof of citizenship when a person registers to vote.  

Why is our current administration, along with liberal groups, attacking those measures now? Because most people are distracted with the primaries themselves.

On February 12, these groups filed a lawsuit in D.C. federal court seeking to reverse a recent decision by the U.S. Election Assistance Commission (EAC). The Commission’s decision allows Kansas and other states, including Arizona and Georgia, to enforce state laws ensuring that only citizens register to vote when they use a federally designed registration form. An initial hearing in the case is set for Monday afternoon, February 22.

It's hard to envision why the DOJ would target the EAC simply for following the enacted law of the states in question except a desire to allow non-citzens to register and vote.  Most specifically because:

Under Article I, Section 2 and the Seventeenth Amendment to the Constitution, states have the power to set the “Qualification requisite for electors.” As with many issues, the Left disdains the balance the Framers adopted in the Constitution and objects to this delegation of power to the states. They prefer to see power over elector eligibility centralized in Washington, D.C.

The EAC is fulfilling its duties to the states as required. The DOJ is actively encouraging and participating in efforts to keep the EAC from doing so and thereby attempting to disenfranchise citizen voters by allowing non-citizens to register and vote.

Two Votes for Illegal Aliens to One for US Residents in Maryland

There should not be disenfranchisement of legal voters through fraud or chaos.  Some cities in Maryland are allowing 16 and 17 year olds to vote and now want to allow legal AND illegal aliens to vote.  Not only does this effectively disenfranchise the votes of legal US residents but as a result 16/17-year-old illegal aliens may get two votes:

A year ago, the city lowered the voting age to 16, which allowed 15-year-olds to pre-register. The election board said introducing this legislation could essentially result in some people being registered twice, which would give them two votes.

Another problem is keeping multiple voting rolls for municipal elections and another for state and federal elections.  This guarantees a mess that will lead to long lines, potential fraud, and quite frankly a mess. 

Of course, another bigger issue is when you vote in an election you should have some connection to the locality, state, or country.  It is incredible that it is even debatable that legal and illegal aliens are given the privilege of voting.  With Maryland recently electing a Republican Governor, the real reason for this may be the fact that non-resident "voters" (including illegal aliens) vote overwhelmingly Democrat.  This set of fraudulent voters led to the passage of Obamacare according to a study by two Professors. 

Even the liberal city council members recognize a potential problem.  Illegal aliens may be in the US for a short period or likely have loyalty to their home country, as one liberal councilman noted:

Councilmember Tom Wright (Ward 3) said he was on the fence about non-citizen voting because of feedback from citizens. “I also understand the concern of those residents … concerned about allowing people who may be just transient effectively [to] create legislation,” he said.

Instead of working on turning out legal voters, Democrats and liberals often work on turning out illegal “voters” -- in this case by trying to legalize illegal aliens for voting purposes.