Obama has already illegally used his executive discretion to override congressional statutes and the very sovereignty of our nation. Now he is planning to use executive action to expand background checks on gun purchases. Isn’t it time he actually use the legitimate discretionary authority vested in him by immigration statutes to exclude and deport aliens who represent a security risk?
The Constitution and the underpinnings of the social contract grant the representatives of the people the power to exclude or deport any non-citizen for any reason. Even under existing statutes, the president has the authority to take action on behalf of the American people. Those same laws, as they are written now, allow the president to pause immigration from the Middle East until the simmering radicalization settles down.
Here is that legislative power as found in the Immigration and Nationality Act INA § 212(f):
(f)Suspension of entry or imposition of restrictions by President
Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate. Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline.
This power is universal, enforceable at the will of the president, and applies any time for any circumstance.
As you can see, whenever the people have a say in immigration through their elected representatives, as we noted with regards to refugee law, the laws are generally written with the best interests of the country in mind. Notice the broad authority granted to the president to shut off immigration to protect the people. Yet this president refuses to use this legitimate authority and instead opts to thwart federal law by flooding the country with criminals, security threats, and those who are a public charge.
President Obama, now is your time to wield executive power, remain within the bounds of the law, and actually protect the people for whom you swore an oath to represent.
All presidential candidates should be asked whether they would utilize existing law to protect Americans against dangerous immigration. This is not a question of what new legislation to pass but what a real leader can do with existing law.