It Is Completely Irrelevant That Obama Never Signed An Executive Order On Immigration

Posted: Dec 11, 2014 12:30 PM

President Obama did not sign an executive order directing government officials to implement his November 20, 2014 immigration amnesty plan, but contrary to what some are claiming, that is completely irrelevant.

“He just wrote a memo instructing Homeland Security not to deport 5 million people. There is no actual executive order, Limbaugh correctly noted Tuesday. “The reason for this is abundantly clear. If anybody wants to prosecute this, what do you prosecute? There’s no executive order. There’s no person to go focus on," Limbaugh continued.

It is this second claim, the assertion that since there is no executive order there is "no person to focus on" that is false.

Just look at the complaint filed by Texas Attorney General and governor-elect Greg Abbott seeking to stop Obama's amnesty before it starts. It names Department of Homeland Security Secretary Jeh Johnson, U.S. Customs and Border Protection Commissioner Gil Kerlikowske, U.S. Customs and Border Protection Deputy Chief Ronald Vitiello, U.S. Immigration and Customs Enforcement Acting Director Thomas Winkowski, and U.S. Citizenship and Immigration Services Director Leon Rodriguez as defendants.

Obama is never mentioned in the Texas suit as a defendant because he doesn't need to be named. These are the government officials that will be implementing Obama's amnesty and a court order enjoining them from doing so would be all that is necessary to stop the program.

Below is video of Oklahoma Attorney General Scott Pruitt telling Fox News' Bret Baier the exact same thing:

Baier:  Now I've read, and we can't seem to get a straight answer on this, that he hasn't really signed an executive action or order per se. What is the straight answer on that?

Pruitt: That is correct. The straight answer is that he has a series of memos that has been prepared for him by various components of the executive branch. They are acting on that. Field offices and individuals in ICE are acting on the authority of those memos. There isn't an executive order per se. 

Baier: Now wouldn't there have to be? 

Pruitt: No. I mean I think that as far as the action the president has taken, we know what his instructions have been to those agencies. We know the violations that have occurred by virtue of those instructions, but it is not in the form of an executive order. It is not necessary for a legal challenge. I think it is only necessary to provide a summary of what the president has done. But here we don't have an executive order specifically. ... There is no executive order but it doesn't effect the ability of the states to bring the action.

Pruitt is exactly right. Whether Obama used an executive order, or a memo, is irrelevant. His administration's policies have been clearly spelled out and that is all the states, or anyone else that can establish standing, needs to sue and stop this executive amnesty.