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Tipsheet

Showdown: Arizona Governor Blocks Obama's Back Door Amnesty

Yesterday, thousands of illegal immigrants lined up at consulates to apply for President Obama's backdoor amnesty program or Deferred Action Program. The program allows "young" illegals under the age of 30 to apply for temporary work permits and a two-year delay in deportation. Arizona Governor Jan Brewer is taking a stand against Obama's move and has issued an executive order denying illegal immigrants, including those applying for work permits under President Obama's new program, public benefits and driving licenses.

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In an executive order, Brewer said she was reaffirming the intent of current Arizona law denying taxpayer-funded public benefits and state identification to illegal immigrants.

From the order:

1. The issuance of Deferred Action or Deferred Action USCIS employment authorization documents to unlawfully present aliens does not confer upon them any lawful or authorized status and does not entitle them to any additional public benefit.

2. State agencies that provide public benefits, as in 8 United States Code 1621 shall conduct a full statutory, rule-making and policy analysis and, to the extent not prohibited by state or federal law, initiate operational, policy, rule and statutory changes necessary to prevent Deferred Action recipients from obtaining eligibility, beyond those available to any person regardless of lawful status for any taxpayer-funded public benefits and state identification, including a driver's license, so that the intent of Arizona voters and lawmakers who enacted laws expressly restricting access to taxpayer funded benefits and state identification are enforced.

3. All state agencies that confer taxpayer-funded public benefits and state issued identification shall undergo emergency rule making to address this issue if necessary

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Meanwhile, Judicial Watch is suing the Department of Justice and the Department of Homeland Security for records relating to the legal basis of Obama's new program.

Specifically, Judicial Watch seeks the following records in its June 22, 2012, Freedom of Information Act (FOIA) request:

All records concerning…the Department of Homeland Security’s decision to exercise prosecutorial discretion with respect to individuals who came to the United States as children…Such records include, but are not limited to, opinions, memoranda, or legal advice rendered by the Office of Legal Counsel.

“This new Obama amnesty program is an attack on the constitutional role of Congress and runs rough shod over existing immigration law.  It is no surprise that the Obama administration doesn’t want to share the legal basis for this unilateral executive action and is violating Freedom of Information Act law to keep the American people in the dark,” said Judicial Watch President Tom Fitton.  “President Obama and his political appointees are abusing their offices with this new amnesty program.  If the administration were confident about the legality of its actions, it wouldn’t be keeping secret the legal basis for President Obama’s extraordinary decision to unilaterally change the law.”

 

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