Tag: illegal immigration

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What’s the Cost of Protecting Illegal Immigrants?

As the Obama Administration’s time comes to an end, Democrats are desperately seeking to solidify the vast numbers of illegal immigrants who entered the U.S. during the past eight years.

Those they seek to protect range from those brought into the nation at a very young age (known as “dreamers”) to hardened criminals and gang members who pose serious threats to public safety.

60 Democrats, notes The Hill, have submitted two letters requesting President Obama to pardon approximately 750,000 youth who were brought to the U.S. by parents. While the President has the power to pardon individuals, legal questions could be raised about an act that appears to wholly offset existing law, as a mass pardon would.

Arguments about humanitarian actions for dreamers fall far short for other illegal immigrants. The City Journal  notes:

“Some of the most violent criminals at large today are illegal aliens. Yet in cities where the crime these aliens commit is highest, the police cannot use the most obvious tool to apprehend them: their immigration status. In Los Angeles, for example, dozens of members of a ruthless Salvadoran prison gang have sneaked back into town after having been deported for such crimes as murder, assault with a deadly weapon, and drug trafficking. Police officers know who they are and know that their mere presence in the country is a felony. Yet should a cop arrest an illegal gangbanger for felonious reentry, it is he who will be treated as a criminal, for violating the LAPD’s rule against enforcing immigration law. The LAPD’s ban on immigration enforcement mirrors bans in immigrant-saturated cities around the country, from New York and Chicago to San Diego, Austin, and Houston. These ‘sanctuary policies’ generally prohibit city employees, including the cops, from reporting immigration violations to federal authorities. Such laws testify to the sheer political power of immigrant lobbies, a power so irresistible that police officials shrink from even mentioning the illegal-alien crime wave. ‘We can’t even talk about it,’ says a frustrated LAPD captain.”

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There are, of course, issues beyond crime.  The Federation for American Immigration Reform (FAIRUS)  found that “Illegal immigration costs U.S. taxpayers about $113 billion a year at the federal, state and local level. The bulk of the costs — some $84 billion — are absorbed by state and local governments.”

Perhaps even more worrisome than issues relating to finance and crime is the problem of contagious disease.

The Southern Medical Association reports that There’s a growing health concern over illegal immigrants bringing infectious diseases into the United States. Approximately 500,000 legal immigrants and 80,000 refugees come to the United States each year, and an additional 700,000 illegal immigrants enter annually, and three-quarters of these illegal immigrants come from Mexico, El Salvador, Guatemala, and Honduras. Legal immigrants and refugees are required to have a medical examination for migration to the United States, while they are still overseas… Illegal immigration may expose Americans to diseases that have been virtually eradicated, but are highly contagious, as in the case of TB. This disease rose by 20% globally from 1985 to 1991, and was declared a worldwide emergency by the World Health Organization (WHO) in 1995. Furthermore, TB frequently occurs in connection with the human immunodeficiency virus…”“Troubling facts concerning health risks related to the wave of illegal immigrants who are crossing our southern border are coming to light…Historically, immigrants who legally sought entry to America (such as those through Ellis Island) went through a structured process that checked them for communicable diseases. In some cases, those found to present a health risk were quarantined until they no longer proposed a threat. In other cases, they were sent back to their country of origin. Today, Border Patrol agents have confirmed those now flooding across the border are not adequately checked for diseases because of the sheer volume, lack of proper screening techniques and lack of manpower…This is what we know. Immigrants coming here have been documented as having communicable diseases such as tuberculosis and swine flu. Because there is limited use of the vaccine for the former and limited effectiveness of vaccine for the latter (studies vary on the effectiveness of the swine flu vaccine; estimates range from 42 percent to 96 percent), individuals coming in contact with people with these diseases are at risk of becoming infected. Those most vulnerable to contracting illnesses from illegals are the first responders such as the Border Patrol agents. In turn, they may pass diseases and conditions on to their children, spouses, seniors and those with whom they come in contact who have compromised immune systems…It isn’t the diseases that we have been vaccinated against that are the most concerning, but ones like TB, which have developed multiple drug resistance, or tropical diseases such as Dengue fever that doctors may have difficulty diagnosing and for which there is no treatment.”

Some will argue that those seeking to protect illegal immigrants are doing so out of a humanitarian impulse.  Others contend that, since statistics overwhelmingly indicate that new immigrants, legal or illegal, tend to vote Democrat,  the motives are self-serving. In either case, the increased danger from crime and contagious disease, as well as the added expense to taxpayers, requires that policies protecting illegal immigrants must be seriously weighed against the significant detrimental impact they impose.

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What Washington Must Do Now, Part 2

 Can the American people pull together after the bruising 2016 presidential election? There is a clear, even urgent, need to do so. The U.S. faces a number of extraordinarily troubling challenges. In Part One of our review, we discussed the nation’s faltering economy, its dramatically weakened national security, and the federal deficit.  Today, we review immigration, the plight of senior citizens, and the use of federal agencies for partisan purposes.

Immigration: The current wave of immigration is unlike any in America’s past. Far too large a percent of those arriving are doing so illegally, and soon seek public assistance, particularly straining state and local budgets.

Since so many have entered without any government oversight, the danger of re-introducing diseases long since eradicated within U.S. borders is significant.  According to the Southern Medical Association “Illegal immigration may expose Americans to diseases that have been virtually eradicated, but are highly contagious, as in the case of TB.”

The Washington Times reports: “Viruses we had finally eliminated from our lives are returning, and others we should never have to face are now crawling through our nation, targeting our children and families. In addition to the word “jihad” we now must re-introduce into our lexicon the words measles, polio, diphtheria, tuberculosis, malaria, scabies, dengue, and now ‘Zika.’ The Zika virus is emerging as a new threat, is spread by mosquito bites, but the CDC is now warning of a transmission through a blood transfusion and sexual contact. Symptoms include fever, rash, joint and muscle pain, and headache. The horror show part of this scourge is it can also apparently cause brain damage in the fetuses of pregnant women.

In 2000, the Centers for Disease Control (CDC) declared measles eradicated in the United States. But then there was suddenly a 20-year high of 600 cases in 2014, more than all reported cases between 2009 and 2013, reports Breitbart News.

“The government and media blamed a lack of vaccinations for the spread, while admitting that it was an unidentified “foreign visitor” who likely brought the virus into the country. At about the same time, in the summer of 2014, a mysterious polio-like illness began to strike children in 34 states. Over 100 children were impacted, many left permanently paralyzed. The CDC has guessed at a possible cause, but there has been no official finding as to what caused so many young people to be condemned with a virus similar to what was eradicated in the United States in 1979.

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“According to a report by the House Committee on Home land security, illegal immigration is also responsible for the rise in gang activity throughout the nation.”

Senior Citizens:  The past eight years have been devastating for America’s senior citizens.  First, their medical care has been imperiled. Obamacare implements $716 billion in Medicare payments in the time span from 2013 to 2022 in reimbursement formulas for Medicare providers. Breitbart quotes Obama economic advisor Robert Reich, who explained in September 2007: “if you’re very old, we’re not going to give you all that technology and all those drugs for the last couple of years of your life to keep you maybe going for another couple of months. It’s too expensive…so we’re going to let you die… Or we could just listen to Dr. Howard Dean, the former head of the Democratic National Committee, who said in July 2013 in the pages of the Wall Street Journal that the so-called Independent Payment Advisory Board ‘is essentially a health-care rationing body. By setting doctor reimbursement rates for Medicare and determining which procedures and drugs will be covered and at what price, the IPAB will be able to stop certain treatments its members do not favor by simply setting rates to levels where no doctor or hospital will perform them.”

The travails of seniors don’t end with health issues. Over the past eight years, seniors have received less in social security cost of living increases than at any time in memory.  This was based on formulas that make little sense.  The reduction in gas prices accounted for the alleged drop in the cost of living, but food, medical care and other expenses rose, in some cases sharply.

Add to those woes actions by the Federal Reserve to mask a faltering economy by keeping interest rates low, which affected seniors trying to live off their savings.

Agency Accountability: During the past eight years, the Internal Revenue Service has been used to target political opponents of the White House; the Department of Justice has refused to prosecute clear-cut cases of election violations by pro-White House interests; and the Environmental Protection Agency has been heavily influenced by non-governmental, politically motivated sources. The list could go on, but the principle is clear: federal agencies have been abused for partisan political purposes. Safeguards are badly needed.

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Unasked, Unanswered Questions About Refugees and Immigrants

This week at the United Nations, the issue of refugees has taken center stage. The key question is whether the central problems will be addressed, or will the discussion be yet another forum for merely blasting the West for not resolving the disasters caused by non-western nations. In the United States, particularly, the drive to allow increased numbers of both illegal immigrants as well as refugees is combined with a White House push to accelerate the process of granting citizenship, a move motivated by statistics indicating that new citizens tend to vote solidly Democrat in the first generation.  The Administration’s stance against authenticating citizenship before registering to vote also means that many recent arrivals may vote even before being legally eligible to do so.

Outgoing U.N. Secretary-General Ban Ki-moon presides over his final session, which began with an unprecedented summit on refugees and migrants. A declaration was adopted calling for better treatment to the over 65 million displaced individuals, including 21 million classified as refugees (one quarter of whom arising from the Syrian conflict). According to George Soros’ Open Societies Foundation the UN will also commit to an effort leading to “safe, orderly, and regular migration” for all.

Mr. Obama is calling for specific actions to be taken. Robert McKenzie, writing for the Brookings Institute  describes the President’s three goals:

  • Increase by 30 percent the financing for global humanitarian appeals, from $10 billion in 2015 to $13 billion this year;
  • double the number of resettlement slots and alternative legal pathways for admission that are available to refugees, and increase the number of countries accepting refugees; and
  • increase the number of refugees worldwide in school by one million, and the number of refugees granted the legal right to work by one million.

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A number of key questions are not even scheduled to be fully discussed:

  •  Rather than solely concentrating on the condition of refugees in host nations, shouldn’t the U.N. be more proactive in resolving the disputes that led to the need to flee?
  • Shouldn’t U.N. members that are responsible for creating the conditions that compel the need to become refugees be penalized, as well as being liable for the cost of caring for those who have fled?
  • The most acute current crisis, the Syrian refugee issue, is directly the fault of Syria’s leader, Bashar al-Assad, who has openly violated numerous human rights standards, fully aided and abetted by Russia and Iran. All three bear extensive moral, legal, and financial responsibility.
  • Shouldn’t the populations of the host nations bear some input into how many refugees are taken in? Leaders in both the E.U. and the U.S. have action without regard to domestic preferences.

There is significant dissent in both the European Union and the United States on this issue. It was, as the New York Analysis has previously reported, a key reason why the citizens of the United Kingdom voted to end their relationship with the E.U., and why Germans have turned against the party of Angela Merkel, who supported the acceptance of large numbers of refugees.

Increasing immigration, legal or otherwise, has substantial political implications for the U.S., a key reason Democrats have made increasing the numbers entering through any means a key goal.

Politico described the push this way: “The Obama administration and its allies [have held] scores of events  to nudge 8.8 million legal residents who are eligible for naturalization to become full-fledged citizens — and therefore, eligible to vote. The not-so-secret expectation is that most of them would probably register as Democrats, given the demographics heavy on Hispanics and Asians …Most of those green card holders are already on a path to becoming citizens and voters, and their politics skew Democratic.”

Since 1990, according to Pew Hispanic,  the number of illegal immigrants has soared from 3.5 million in 1990 to up to  at least 11 million today, accounting for about one-quarter of all immigrants.  (Pew also found that “the overall foreign-born population in the U.S. has gone up each year since 2009. The overall immigrant population rose by nearly 3 million from 2009 to 2014, reaching 43.6 million.”)

The numbers are in dispute. A Daily Signal  analysis indicates that the figure could be up to 30 million. A Bear Sterns examination found that “Illegal immigrants constitute a large and growing force in the political, economic, and investment spheres in The United States. The size of this extra-legal segment of the population is significantly understated because the official U.S. Census does not capture the total number of illegal immigrants…The number of illegal immigrants in the United States may be as high as 20 million people…Cell phones, internet and low-cost travel have allowed immigrants easier illegal access to the United States and increased their ability to find employment and circumvent immigration laws.”

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U.S. Justice Department Caught Lying to Court

Can, indeed should, the leadership of the Obama Justice Department, perhaps even the President himself, be disbarred?

A furious U.S. District Court judge has sharply rebuked  the U.S. Department of Justice for acts that would have resulted in substantial ethics charges being brought against any law firm.

The case concerns the Deferred Action for Parent of Americans program, initiated without legislative authority by President Obama in 2014. The intent of the action is to defer deportation of illegal aliens who are parents of a U.S. citizen or a lawful permanent resident, sometimes known as anchor babies. The illegals would be given protected status and the right to apply for work permits. Up to five million illegals could be affected.

Opponents of the move have argued that the President ignored his constitutional duty to insure that the nation’s laws are faithfully executed. They argue that Mr. Obama did not have the authority to engage in action that was legislative in character, and that even if the measure was regulatory in nature, the Administrative Procedure Act mandated that there be an opportunity for the public to comment on it before its implementation.  In every way possible, it is obvious that the President acted far beyond any legal authority.

As previously reported by the New York Analysis of Policy and Government, the measure was challenged by 26 states. A preliminary injunction was granted to the states by U.S. District Court Judge Andrew S. Hanen. The Court turned down Washington’s request to delay the stay. Judge Hanen also issued an order rebuking the White House for granting three-year periods of deferred action to 108,081 individuals between the announcement of DAPA and the preliminary injunction, despite The Department of Justice’s denial that it had done so.  The Justice Department, in other words, was caught in a lie.

Judge Hanen reacted with fury to the Justice Department’s misdeeds. “The Government claims that the reason its lawyers were not candid with the Court was that they either ‘lost focus on the fact’ or that somehow ‘the fact receded in memory or awareness.’ Yet the Government’s lawyers chose not to tell the Plaintiff States or the Court…what counsel did borders on the incredible. The duties of a Government lawyer, and in fact of any lawyer, are threefold: (1) tell the truth; (2) do not mislead the Court; and (3) do not allow the Court to be misled…The Government’s lawyers failed on all three fronts.”
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According to the legal memorandum and decision issued by the Court on May 19th, an order was given to provide the 26 States that sued the Obama Administration some avenue for relief from the possibility of any damage that may result from the misconduct of the Department of Justice and to prevent future harm due to the Government’s misrepresentations.

The Court also moved to deter and prevent future misconduct by Justice Department lawyers by ordering an appropriately tailored continuing legal education program, “which will not only serve to educate the uninitiated, but more importantly will remind all trial lawyers that their honest and ethical participation is a necessity for the proper administration of justice. It also compels the Attorney General, or her designee, to take the necessary steps to ensure that DOJ attorneys act honestly in the future.”

Despite a record debt so vast that any other organization would be considered functionally bankrupt, (with additional debt being piled on each year and many crucial needs being underfunded) the Obama Administration has engaged in extraordinary and extreme measures aimed at insuring that the costly tidal wave of illegal immigrants remains unsuppressed.  Despite the expenses this brings to the American taxpayer, the heightened competition for scarce jobs, the increase in crime, the spread of disease, and the potential for infiltration by drug cartels and terrorists, the current White House has vigorously opposed any attempt to staunch the human flood.

Lying to the Court now must be added to the White House’s list of inappropriate, illegal practices it has engaged in to counter any move to address the crisis.

The underlying issue of the President’s lack of authority will eventually be decided by the U.S. Supreme Court.

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Numbers, Costs for Illegals Soar

There are substantive indications that the Obama Administration’s immigration policy is burdening U.S. taxpayers and imposing health ristks at a time when key programs (such as Social Security and Medicare) already paid for by American citizens are going bankrupt.

According to the U.S. Border Patrol, 33,335 total apprehensions on the southwest border were reported in March, 4,201 were unaccompanied children and 4,448 were members of family units traveling together. Total apprehensions in March 2016 increased by 28 percent compared to February 2016.

These numbers, of course, only represent those that were caught. The fact that these individuals were apprehended does not mean that they will not eventually reside within the U.S. The Washington Times notes that the Obama Administration is engaging in “catch and Release,’ a practice “ordering Border Patrol agents not to bother arresting and deporting many new illegal immigrants…Brandon Judd, president of the National Border Patrol Council, …said the releases are part of President Obama’s ‘priorities’ program, which orders agents to worry chiefly about criminals, national security risks and illegal immigrants who came into the U.S. after Jan. 1, 2014. Mr. Judd said illegal immigrants without serious criminal convictions have learned that by claiming they came before 2014 — without even needing to show proof — they can be released immediately rather than being arrested. ’Immigration laws today appear to be mere suggestions,’ Mr. Judd testified…”

According to the Center for Immigration Studies (CIS) the number of unaccompanied illegal children has soared during the Obama Administration. “ … From 8,000 in FY 2008, the number of apprehended unaccompanied alien children (UACs) grew to 69,000 in FY 2014. … border officials are expecting significant increases throughout FY 2016 and into FY 2017 (up to 75,000, if not more). According to DHS,the number of UACs coming across the border almost doubled in FY 2016 compared to the same period in FY 2015.”

Part of the justification presented by the White House for its welcoming posture is that those flooding across the border are “refugees.” However, the United Nations High Commission on Refugees, according to CIS, does not support that classification.

Why the surge in illegal minor entry? CIS notes: “Individuals from El Salvador, Guatemala, or Honduras come to the United States illegally. Then children (probably their own children) follow on their own, also illegally. They are, for the most part, welcomed, assisted, and reunited with their families here. New data provided by the Department of Health and Human Services, in response to a Freedom of Information Act request, shows that 80 percent of the 71,000 Central American children placed between February 2014 and September 2015 were released to sponsors who are in the United States illegally. Parents were more than half of the cases; many others were siblings, aunts, and uncles.”

The cost of providing support for the illegals is significant.

A CIS analysis of the cost of funding the needs of illegals is onerous, and generally exceeds that of native-born household in similar circumstances.:

In September 2015, the Center for Immigration Studies published a landmark study of immigration and welfare use, showing that 51 percent of immigrant-headed households used at least one federal welfare program — cash, food, housing, or medical care — compared to 30 percent of native households. Following similar methodology, this new study examines the dollar cost of that welfare use.

  • The average household headed by an immigrant (legal or illegal) costs taxpayers $6,234 in federal welfare benefits, which is 41 percent higher than the $4,431 received by the average native household.
  • The average immigrant household consumes 33 percent more cash welfare, 57 percent more food assistance, and 44 percent more Medicaid dollars than the average native household. Housing costs are about the same for both groups.
  • At $8,251, households headed by immigrants from Central America and Mexico have the highest welfare costs of any sending region — 86 percent higher than the costs of native households.
  • Illegal immigrant households cost an average of $5,692 (driven largely by the presence of U.S.-born children), while legal immigrant households cost $6,378.
  • The greater consumption of welfare dollars by immigrants can be explained in large part by their lower level of education and larger number of children compared to natives. Over 24 percent of immigrant households are headed by a high school dropout, compared to just 8 percent of native households. In addition, 13 percent of immigrant households have three or more children, vs. just 6 percent of native households.

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The health risks presented by illegals also leads to added costs, although these aren’t as easily calculated in financial estimates. Judicial Watch reports that “A government official warned employees deploying for the influx of illegal immigrant minors about health and safety risks because the new arrivals would have tuberculosis and some were young adults—not children—like the Obama administration proclaimed…. ‘We might as well plan on many of the kids having TB,”’states a June 26, 2014 guidance e-mail from a Centers for Disease Control (CDC) environmental health scientist, Alaric C. Denton, as the agency prepared to handle the crisis. ‘Most of these kids are not immunized, so we need to make sure all our staff are immunized.’”

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Supreme Court to Examine Obama Immigration Move

Today, the U.S. Supreme Court will hear oral arguments in the United States v. Texas case, concerning whether President Obama’s move to delay the deportation of almost 5 million undocumented immigrants is legal.

SCOTUSBLOG outlines the issues:

** Did President Obama exceed the powers of his office in going forward with a massive new immigration policy without approval by Congress, and thus violating that act’s direct restrictions on the use of executive branch power?

** Is the deferred deportation policy a product of “arbitrary and capricious” actions by President Obama and his cabinet departments, and thus violates that act?

** Is the policy subject to review in the courts, applying the act, or are the specific modes of enforcing immigration laws a matter left to the discretion of the president and his cabinet?

** Is the policy illegal, under the APA, [Administrative Procedure Act] because it was not first announced as a draft program, offered to the public for its reactions, or then issued in final form, or is the policy exempt from that requirement because it was achieved through executive branch discretion?

As important as the immigration issue is, the more pressing question concerns the balance of power within the federal government. House Judiciary Committee Chairman Bob Goodlatte (R-Va.)has stated: “The case of United States v. Texas is fundamentally about preserving the separation of powers and its outcome will have drastic implications for our Republic. All three branches of government have weighed in against President Obama’s unilateral actions: the lower courts have blocked them from being implemented, the House of Representatives has filed a brief opposing them, and the President himself stated over 20 times – before he took his unilateral action – that he does not have the authority to change our nation’s immigration laws on his own.  I am hopeful that the Supreme Court will stop President Obama’s lawlessness so that we protect the Constitution and the intent of the Founding Fathers that the legislative branch, which reflects the will of and is accountable to the American people, makes the laws, not the President.”

National Border Patrol Council President Brandon Judd testified before the House judiciary Committee in March. He confirmed the existence of what has become known as “catch and release”. According to Judd, “This program directly violates the President’s ‘Priority Enforcement Guidelines’ by refusing to process and deport those who have entered the US illegally after December 31, 2013.”

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President Obama … and his cronies continue to mislead and misinform them as they expand amnesty and weaken enforcement and security.

He presented five questions that he wants the White House to answer:

# 1: If the President was expanding his amnesty programs why not just be straight with the American people?

#2: Does this expansion put our communities at risk? … It appears that President Obama’s priority is not and will never be enforcement but amnesty.

#3 : Is the Commissioner power hungry or incompetent? Either he has to go. This hearing should put the spotlight on Richard Gil Kerlikowske the current Commissioner of U.S. Customs and Border Protection.  Judd questions Kerlikowske’s leadership and ability to head U.S. Customs and Border Protection. If he was following directives from the President then the President owes the public an explanation why he kept this a secret. If the President was unaware of the program he needs to restore public trust by removing those responsible. It is sad that after seven years, Obama’s has no plan to enforce our nation’s immigrations laws.

# 4 : Why not ask for additional resource to address the court backlog? If the Administration was concerned with the court’s backlog why not request additional funds to expedite the case by either hiring more judges or expanding Operation Streamline. Simply put, the Administration is not be interested in fixing a problem they intentionally created. They have manipulated the situation to expand their amnesty programs without Congressional or pubic consent.

# 5: Isn’t this just a page torn from the “Dreamers Playbook” ? The main argument “Dreamer” made was by no fault of their own they were here illegally and should not be held responsible this act and therefore granted citizenship. It is reasonable that those not issued NTA as part to “Catch and Release” program will make the same claim as part demand for amnesty. The Administration and the Democrats must believe this is good politics.

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Obama Overreaches on Executive Power on Immigration

On February 18, the New York Analysis of Policy and Government noted:

“Has the Obama Administration decided to unilaterally, without the involvement of Congress, change the immigration law of the United States… In a report entitled ‘Immigration Handbook for the New Republican Majority’ outlining how Congress should respond to White House actions, Senator Sessions has accused the Obama Administration of acting unilaterally and in defiance of the Constitution. ‘President Obama has declared null and void the sovereign immigration laws of the United States in order to implement immigration measures the Congress has repeatedly and explicitly rejected. His order grants five million illegal immigrants work permits, Social Security, Medicare, and free tax credits—taking jobs and benefits directly from struggling American workers. U.S. citizens have been stripped of their protections they are entitled to under law…”

The issue is moving closer to a U.S. Supreme Court hearing. The Courthouse News Service  reported on March 29 that the U.S. Supreme Court is set to hear arguments on April 18 on the Deferred Action for Parents of Americans, or DAPA, plan, an executive action that Mr. Obama announced in November 2014, which was enjoined by the Fifth Circuit. Texas, and 25 other states, submitted the brief to the Supreme Court, noting that the DAPA’s immigration regarding the non-deportation of illegals violates the law, and constitutes an overreach of executive power.

SCOTUS Blog  reports “While the twenty-six states challenging the initiatives concede that the secretary of Homeland Security has unreviewable discretion to set immigration enforcement priorities (which the Supreme Court affirmed most recently in Arizona v. United States), they contend that the Obama administration has attempted to ‘effectively rewrite the laws’ through this particular use of its discretion. In particular, they argue that the Obama administration has exceeded the bounds of its authority on the basis that beneficiaries of DAPA and expanded DACA would be lawfully present and eligible for employment authorization while these initiatives are in effect.”

The American Immigration Council supports the concept that the President’s action is acceptable under “prosecutorial discretion,” and describes the program as follows:

“The Deferred Action for Parental Accountability (DAPA) is a prosecutorial discretion program administered by USCISthat provides temporary relief from deportation (called deferred action) and work authorization to unauthorized parents of U.S. citizens or Lawful Permanent Residents (LPRs). The DAPA program resembles the DACA program in some important respects, but the eligibility criteria are distinct.

The program will be open to individuals who:

  • have a U.S. citizen or LPR son or daughter as of November 20, 2014;
  • have continuously resided in the United States since before January 1, 2010;
  • are physically present in the United States on November 20, 2014, and at the time of applying;
  • have no lawful immigration status on November 20, 2014;
  • are not an enforcement priority, which is defined to include individuals with a wide range of criminal convictions (including certain misdemeanors), those suspected of gang involvement and terrorism, recent unlawful entrants, and certain other immigration law violators
  • present no other factors that would render a grant of deferred action inappropriate; and
  • pass a background check.

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DAPA grants will last for three years. The DAPA program should be ready to receive applications within 180 days.”

The issue might expand. CNS’ Terence P. Jeffrey worries that if, as Solicitor General Donald Verrilli believes,  Obama has “prosecutorial discretion” to implement DAPA, he could also make illegals eligible for Social Security, disability and Medicare.

The brief submitted by the majority of all states in the U.S., notes Jeffrey, states that  “The Executive Branch unilaterally created a program — known as DAPA — that contravenes Congress’s complex statutory framework for determining when an alien may lawfully enter, remain in, and work in the country,” the attorney general and solicitor general of Texas explained in a brief submitted to the Supreme Court on behalf of the states seeking to block the policy. DAPA would deem over four million unlawfully present aliens as ‘lawfully present’ and eligible for work authorization, says the Texas brief. And ‘lawful presence’ is an immigration classification established by Congress that is necessary for valuable benefits, such as Medicare and Social Security.”

The New York Analysis of Policy and Government concludes that the legal issue is not complex.  While the President has the discretion to take limited action in particular instances, it is clear that he cannot take steps that essentially nullify or alter an existing law. DAPA essentially does precisely that.

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Seniors Adversely Affected as Federal Funds are Diverted

America’s seniors are suffering as federal funds are diverted to questionable uses.

As America’s national debt rapidly soars to the $20 trillion mark (it currently stands at over $19 trillion) key needs are facing a lack of funds, and Americans relying on Social Security and Medicare are the most directly affected.  The problems are not just the future insolvency of those programs. The impact has already been felt.

The Social Security Administration (SSA) projects that “Social Security’s Disability Insurance (DI) Trust Fund now faces an urgent threat of reserve depletion, requiring prompt corrective action by lawmakers if sudden reductions or interruptions in benefit payments are to be avoided. Beyond DI, Social Security as a whole as well as Medicare cannot sustain projected long-run program costs under currently scheduled financing.”

Social Security will face virtual bankruptcy by 2034. Medicare will endure the same fate by 2030.

But those future dates are not the extent of the problem. During the Obama Administration, seniors have been subjected to an unprecedented lack of cost of living increases.

Since the regular program of Cost of Living increases began in 1975, (prior to that increases were provided by legislation) there has never been a period when such adjustments were lower than they have been under President Obama’s term. Not once had there been a year in which there was no increase at all. Since 2009, two consecutive years, 2009 and 2010, provided no adjustments, and there was also no adjustment in 2015.  Before 2009, the average annual increase was 4.4%; during the Obama presidency, it was 1.7%.

Social Security Cost-Of-Living Adjustments

(Chart provided by the Social Security Administration) 
Year COLA
1975 8.0
1976 6.4
1977 5.9
1978 6.5
1979 9.9
1980 14.3
1981 11.2
1982 7.4
1983 3.5
1984 3.5
1985 3.1
1986 1.3
1987 4.2
1988 4.0
1989 4.7

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Year COLA
1990 5.4
1991 3.7
1992 3.0
1993 2.6
1994 2.8
1995 2.6
1996 2.9
1997 2.1
1998 1.3
1999  a 2.5
2000 3.5
2001 2.6
2002 1.4
2003 2.1
2004 2.7
Year COLA
2005 4.1
2006 3.3
2007 2.3
2008 5.8
2009 0.0
2010 0.0
2011 3.6
2012 1.7
2013 1.5
2014 1.7
2015 0.0

It’s not just Social Security problems that are affecting America’s seniors. Medicare has taken a hit, and the problem has been accelerated and worsened due to Obamacare.  Three examples of how Obamacare hurts seniors are provided by The Daily Signal:

 1) Huge payment reductions that reduce access to care. According to the Congressional Budget Office (CBO), Obamacare will reduce Medicare reimbursements by $716 billion over 10 years. These cuts will hit Part A providers such as hospitals, nursing homes, skilled nursing facilities, and hospices, along with Medicare Advantage plans. The trustees predict that if Congress allows these cuts to go into effect, 15 percent of Medicare providers would go in the red by 2019, 25 percent by 2030, and 40 percent by 2050…

2) Medicare “savings” are spent on other parts of Obamacare. As CBO plainly states, “CBO has been asked whether the reductions in projected Part A outlays and increases in projected [hospital insurance] revenues under the legislation can provide additional resources to pay future Medicare benefits while simultaneously providing resources to pay for new programs outside of Medicare. Our answer is basically no.”

3) The ominous and looming power of IPAB.  When Medicare spending surpasses the target, IPAB will have to make recommendations to lower Medicare spending.

While America’s seniors, who have earned their Social Security and Medicare benefits through a lifetime of work, face cuts, questions arise about the diversion of federal funds to pay for benefits for illegal immigrants.

The Federation for Immigration Reform has estimated the cost of illegal immigration to U.S. taxpayers:

  • Illegal immigration costs U.S. taxpayers about $113 billion a year at the federal, state and local level. The bulk of the costs — some $84 billion — are absorbed by state and local governments.
  • The annual outlay that illegal aliens cost U.S. taxpayers is an average amount per native-headed household of $1,117. The fiscal impact per household varies considerably because the greatest share of the burden falls on state and local taxpayers whose burden depends on the size of the illegal alien population in that locality
  • Education for the children of illegal aliens constitutes the single largest cost to taxpayers, at an annual price tag of nearly $52 billion. Nearly all of those costs are absorbed by state and local governments.
  • At the federal level, about one-third of outlays are matched by tax collections from illegal aliens. At the state and local level, an average of less than 5 percent of the public costs associated with illegal immigration is recouped through taxes collected from illegal aliens.
  • Most illegal aliens do not pay income taxes. Among those who do, much of the revenues collected are refunded to the illegal aliens when they file tax returns. Many are also claiming tax credits resulting in payments from the U.S. Treasury.

The lack of priority the Obama Administration has given to the needs of seniors, while turning a blind eye towards the growing financial impact of illegal aliens, is a cause of deep concern.

(Note: We originally published this article on March 18. However, we were informed that many subscribers were not able to view it due to technical issues arising from a website update.) 

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Obama’s Unilateral Immigration Policy

Has the Obama Administration decided to unilaterally, without the involvement of Congress, change the immigration law of the United States? Department of Homeland Security Secretary Jeh Johnson states:

“In January 2016, overall apprehensions on our southwest border – an indicator of total attempts to cross the border illegally — declined 36 percent from the previous month, and were at the lowest levels since January 2015. Also, in January 2016, apprehensions of unaccompanied children declined by 54 percent compared to the month before, and apprehensions of those in families declined by 65 percent in the same period.

“On the one hand, the new enforcement policy announced by the President and me on November 20, 2014 makes clear that our limited resources for immigration enforcement will not be dedicated to the removal of those who have committed no serious crimes, have been in this country for years, and have families here. Under our new policy, these people are not priorities for removal… when enforcing the immigration laws, our personnel will not, except in emergency circumstances, apprehend an individual at a place of worship, a school, a hospital or doctor’s office or other sensitive location…Secretary Kerry announced on January 13 that we are expanding our Refugee Admissions Program to help vulnerable men, women and children in Central America. The U.S. government is partnering with the UN High Commissioner for Refugees and non-governmental organizations in the region to implement this as soon as possible. This approach builds on our recently established Central American Minors program, which is now providing an in-country refugee processing option for certain children with parents in the United States, as well as the existing asylum process.”

While Secretary Johnson claims that his agency is concentrating on criminal illegal aliens, studies by Paul Bedard, writing in the Washington Examiner  indicate otherwise. “Criminal prosecution of immigration offenses over the past five years is down 36 percent, and the once-successful program of detaining illegal immigrants in state and local jails is in free fall, down by two-thirds, according reports from two federal agencies. Justice Department statistics show that criminal prosecutions for crimes such as unlawful re-entry by an illegal in November totalled 4,861, down 13.2 percent over the previous month. Over the past year, that number is down 22.3 percent. According to the Center for Immigration Studies, which analyzed the data, that is a five year decline of criminal prosecutions of 36 percent.”

In an article written for Roll Call Sen. Jeff Sessions and Rep. Dave Brat warned that “America is about to break every known immigration record…The Census Bureau projects that the foreign-born share of the U.S. population will soon eclipse the highest levels ever documented, and will continue surging to new record highs each year to come. In Washington, immigration reform has devolved into a euphemism for legislation that opens America’s borders, floods her labor markets and gives corporations the legal right to import new foreign workers to replace their existing employees at lower pay…This is not immigration reform. This is the dissolution of the nation state, of the principle that a government exists to serve its own people.”
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In a report entitled “Immigration Handbook for the New Republican Majority”   outlining how Congress should respond to White House actions, Senator Sessions has accused the Obama Administration of acting unilaterally and in defiance of the Constitution.

“President Obama has declared null and void the sovereign immigration laws of the United States in order to implement immigration measures the Congress has repeatedly and explicitly rejected. His order grants five million illegal immigrants work permits, Social Security, Medicare, and free tax credits—taking jobs and benefits directly from struggling American workers. U.S. citizens have been stripped of their protections they are entitled to under law…

“President Obama’s former ICE Director, John Sandweg, famously conceded: “if you’re a run-of-the-mill immigrant here illegally, your odds of getting deported are close to zero.” Since entering office, President Obama has engaged in a sustained campaign to collapse immigration enforcement. My office has compiled a detailed timeline of his actions, including many dangerous directives not widely known to the public—a copy of which can be provided upon request…

“Consider the illegal immigration surge from Central America. Approximately 99 percent of those who arrived in that surge—whether minors or adults in family units—are still in the United States, according to DHS data. 16 Instead of removing illegal immigrants, the President has expended enormous time, energy, and resources into resettling newly arrived illegal immigrants throughout the United States. Any border security plan that leaves this resettlement operation intact is doomed to failure. Jessica Vaughan at the Center for Immigration Studies estimates that more than 100,000 illegal immigrants who showed up at the border [in 2014] have been freed into the United States.”

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Quick Analysis

Obama places needs of immigrants above U.S. Citizens

There is growing concern that the Obama Administration places its international agenda above the needs of the nation it was elected to serve. A prime example can be seen in the realm of employment.

Americans needing unemployment insurance benefits rose recently to the highest levels in half a year, reports the U.S. Department of Labor .   “In the week ending December 26, the advance figure for seasonally adjusted initial claims was 287,000, an increase of 20,000 from the previous week’s unrevised level of 267,000. The 4-week moving average was 277,000, an increase of 4,500 from the previous week’s unrevised average of 272,500. There were no special factors impacting this week’s initial claims.”

The prospects for improvement in the jobs picture in 2016 is not promising.  Yahoo  business notes that “Many economists expect a slower pace of job market improvement in 2016.”

Additional troubling factors include the fact that many of the jobs created in recent years are low-paying, benefit-less positions replacing well-paying jobs offering full benefits.

While Americans continue to file for unemployment benefits or take employment at far lesser pay, President Obama continues to encourage immigration. For illegal immigration, Washington continues to tolerate inadequate border security and a lack of deportation actions for illegal arrivals. For legal immigrants, the provision of benefits and work permits provides increased competition for both benefits and jobs for U.S. citizens.

The U.S. Citizenship and Immigration Services agency   states: “The United States welcomes thousands of foreign workers in multiple occupations or employment categories every year. These include artists, researchers, cultural exchange participants, information technology specialists, religious workers, investors, scientists, athletes, nurses, agricultural workers and others.”

The Washington Times  notes that “net international migration is expected to add one person to the U.S. population every 29 seconds.”

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Despite the White House’s opening of relations with Cuba, the island continues to endure harsh repression from the Castro regime and a depressed economy. As a consequence, as reported in the Telegraph, “A year after relations with America began to thaw, people are leaving the island in droves, impatient at the speed of change…”

President Obama also advocates allowing up to 10,000 Syrian refugees into the U.S., despite security concerns about terrorism.

That welcome is about to be expanded. Breitbart eports that “President Barack Obama is preparing a colossal new executive action that could print-up work permits for a huge number of foreign white-collar graduates every year, above and beyond the levels set by Congress. This executive action…directly bypasses Congressional lawmakers…it will certainly raise new security concerns as it covers categories of immigration utilized by migrants from the Middle East and nearby regions. The 181-page rule focuses primarily on giving work-permits to foreign college-grads who will compete against Americans for white collar jobs, despite the large number of American graduates now stuck in lower-wage positions and struggling to pay off college debts. The rule will also make each foreign graduate much cheaper for U.S. employers to hire than many U.S.-born college grads.”

The British newspaper Daily Mail  reports that “up to 34 million blank ‘green cards’ and work permits have been  ordered.”

Much of the President’s plan is done without the consent of the legislative branch. US News  recently noted “in his efforts to work around Congress, Obama has made the aggressive use of executive power, particularly on immigration, an increasingly effective and politically accepted presidential tool.”

Writing in Roll Call,  Rep. Lou Barletta (R-Pa) states: “We have immigration laws in this country for two basic reasons: to preserve American jobs and to protect national security. President Barack Obama’s unlawful executive actions to grant amnesty to at least 5 million illegal immigrants violate both of those principles. Any objective review must find that the president’s policies have placed the concerns of those who have broken our laws ahead of the interests of citizens and legal residents of the United States… Employment is difficult enough to find for millions of Americans and legal residents who woke up this morning without a pay check. On top of that hardship, the president has now introduced millions of new applicants who will compete for jobs that are already scarce. It is difficult to imagine how such a policy is beneficial to American workers…Worse, the president has laid out the welcome mat for anyone around the world who seeks illegal access to the interior of the United States.”