It’s been a while since I have taken time to post to my blog. To say it has been a busy year would be putting it mildly. It seems like yesterday that we were taking down outside Christmas lights and now we are almost into to Christmas again and putting up the lights again. I have written an executive order to my self to slow down a little. Yeh, right!
In response to the mass influx of refugees that President Obama is allowing to come to America by way of his executive orders, I spent some time this morning reading about EO’s and their legality in different situations, especially where it goes around the will of Congress. This is what I “think” I now know about EO’s and the immigration problem. In short, there is no clear definitive answer to whether EO’s can be used however Obama decides he wants to use them. In some cases, based on the legal opinions I have read this morning, a number of his EO’s are clearly illegal because the violate the Constitution by going around the will of Congress. Many fall into gray area’s which allows some latitude, and then there are those that are clearly Constitutional in their application. The real problem for the illegal EOs is that the only ways an EO can be overturned are (1) the President rescinds the order, (2) the Congress passes a new law that over turns the EO, assuming the President signs the new law to begin with and (3) if Congress sues the President and the resulting court opinion overturns the EO. There are three areas where that the President can use EO’s and one is the immigration problem we now face of Syrian refugees flood the US (75,000 to 100,000 if the President has his way) because of the war in Syria.
As most of my friends know, I am very politically conservative and fall into a classification of “Constitutional Conservative”. I am politically the opposite of our progressive liberal President. When I examine the refugee situation and the problem with ISIS, I am strongly behind a secure borders belief and all immigration must require full vetting of the people first. So remember that when you read the following. The President, based on what I have read that was written by Constitutional conservatives about both EO’s and immigration, does have the right to allow refugees into the USA by Executive Order. He is technically not going around the will of Congress. The United States Refugee Act of 1980 (Public Law 96-212) was an amendment to the earlier Immigration and Nationality Act and the Migration and Refugee Assistance Act, and was created to provide a permanent and systematic procedure for the admission to the United States of refugees of special humanitarian concern to the U.S., and to provide comprehensive and uniform provisions for the effective resettlement and absorption of those refugees who are admitted. The act was completed on March 3, 1980, was signed by President Jimmy Carter on March 17, 1980 and became effective on April 1, 1980. While I do not believe that Act that gave the President the power to waive immigration policy in the face of something like the Syrian situation, it is the law until it is modified or rescinded by Congress or declared un-Constitutional by the US Supreme Court. Because of that law, individual states cannot legally refuse a refugee settlement in their state if ordered by the Federal Government. What the Governors of the states who do not want to have the refugees in their states can do is to deny state funds to support the refugees and the federal government cannot force the states to pay for the settlement of refugees.
Now, all that said, this is what I personally think of this situation. I remember when the 1980 Refugee Act passed into law. I do not believe that the Congress envisioned this type of situation when it was passed. I believe their minds had much smaller figures in mind than 100,000 refugees at one time. The world situation was such in 1980 that the act was, in my opinion, passed to give the President power to go around the system in place for specific instances where small numbers of people, such as a family in danger of being persecuted and killed in a foreign country. The normal vetting processes could be by-passed in order to save lives in specific instances that were in danger from a brutal government. I am very afraid that the President, in his rush to save 100,000 refugees, has failed to provide adequate safeguards from the same adversaries the refugees are fleeing. I spent 27 years in nuclear security following terrorism and learning how it might affect us in the USA and the nuclear plant I worked for. Isis members are adept at blending in and this skill will be used to invade the USA even more than it has already been invaded, setting us up for terrorism much like what has occurred in Paris. This bad policy of Obama’s will make it possible for Isis to start their terror campaigns in the USA much sooner.