DesideriScuri -> RE: President Obama prepared to go it alone on Thursday (11/20/2014 9:25:06 AM)
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ORIGINAL: CentralFLDomCPL Obama, by acting within his constitutional (LEGAL) authority is an emperor, eh? Please name the last two presidents before him who acted by executive mandate to reform immigration and help undocumented aliens already in the US. They were...Reagan and G.H.W. Bush (Bush Sr.). Gee...REPUBLICANS??? Who would have thought? :D Also, Obama's number of executive mandates per term is the lowest since Grover Cleveland. So, please get your facts straight, before repeating what Fox News has brainwashed you into thinking is true. Thank you. Reagan's Immigration EO:quote:
By the authority vested in me as President by the Constitution and laws of the United States of America, including Section 1440 of Title 8, United States Code, and in order to provide expedited naturalization for aliens and non-citizens who served in the Armed Forces in the Grenada campaign, it is hereby ordered as follows: For the purpose of determining qualification for the exceptions from the usual requirements for naturalization, the period of Grenada military operations in which the Armed Forces of the United States were engaged in armed conflict with a hostile foreign force commenced on October 25, 1983, and terminated on November 2, 1983. Those persons serving honorably in active-duty status in the Armed Forces of the United States during this period, in the Grenada campaign, are eligible for naturalization in accordance with the statutory exceptions to the naturalization requirements, as provided in Section 1440(b) of Title 8, United States Code. Qualifying active-duty service includes service conducted, during this period, on the islands of Grenada, Carriacou, Green Hog, and those islands adjacent to Grenada in the Atlantic Seaboard where such service was in direct support of the military operations in Grenada. Qualifying active-duty service during this period also includes service conducted in the air space above Grenada, in the adjacent seas where operations were conducted, and at the Grantly Adams International Airport in Barbados. RONALD REAGAN The White House, February 2, 1987. [Revoked by President Clinton's EO#12913] 8 USC Section 1440 Reagan's EO provided expedited naturalization to those who served honorably in the US Armed Forces during an active military conflict (Grenada), essentially qualifying them as US Code qualified the same classification of people who served honorably during active military conflicts in WWI, WWII, the Korean and Vietnam Conflicts, and "other periods of military hostilities." Apparently, Congress made a decision to reward honorable service in the US military with expedited naturalization. Crazy though it may seem, Section 1440(a) of 8 USC reads (italics mine):quote:
(a) Requirements Any person who, while an alien or a noncitizen national of the United States, has served honorably as a member of the Selected Reserve of the Ready Reserve or in an active-duty status in the military, air, or naval forces of the United States during either World War I or during a period beginning September 1, 1939, and ending December 31, 1946, or during a period beginning June 25, 1950, and ending July 1, 1955, or during a period beginning February 28, 1961, and ending on a date designated by the President by Executive order as of the date of termination of the Vietnam hostilities, or thereafter during any other period which the President by Executive order shall designate as a period in which Armed Forces of the United States are or were engaged in military operations involving armed conflict with a hostile foreign force, and who, if separated from such service, was separated under honorable conditions, may be naturalized as provided in this section if- (1) at the time of enlistment, reenlistment, extension of enlistment, or induction such person shall have been in the United States, the Canal Zone, American Samoa, or Swains Island, or on board a public vessel owned or operated by the United States for noncommercial service, whether or not he has been lawfully admitted to the United States for permanent residence, or
- (2) at any time subsequent to enlistment or induction such person shall have been lawfully admitted to the United States for permanent residence. The executive department under which such person served shall determine whether persons have served honorably in an active-duty status, and whether separation from such service was under honorable conditions: Provided, however, That no person who is or has been separated from such service on account of alienage, or who was a conscientious objector who performed no military, air, or naval duty whatever or refused to wear the uniform, shall be regarded as having served honorably or having been separated under honorable conditions for the purposes of this section. No period of service in the Armed Forces shall be made the basis of an application for naturalization under this section if the applicant has previously been naturalized on the basis of the same period of service.
So, the law actually states the President, by EO, can do what President Reagan did by EO (Clinton's EO#13929 did the same for those who served in the Persian Gulf War and Bush 43's EO #13269 (2002) did the same for those serving active duty fighting terrorism beginning 11 Sept 2001). Fucking crazy innit?!? Bush 41 didn't act through EO, according to this HuffPo article:quote:
—1990. In February, President George H.W. Bush, acting through the Immigration and Naturalization Service, established a "family fairness" in which family members living with a legalizing immigrant and who were in the U.S. before passage of the 1986 law were granted protection from deportation and authorized to seek employment. The administration estimated up to 1.5 million people would be covered by the policy. Congress in October passed a broader immigration law that made the protections permanent. Notice how Congress (House run by Democrats, 250-183;l Senate run by Democrats, 55-45) passed an even broader law that included Bush 41's protections? So, the argument supporting Obama's executive actions are based on Reagan doing, by EO, something the US Code explicitly states a President can do (ignoring that President Clinton and President George W. Bush did the same things by EO), and on President Reagan and President George HW Bush acting through the INS gave protections (that ended up being supported by Congress in President Bush's case)? Seriously?
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