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Thursday, November 20, 2014

The Perils of Obama's Ignoring the Constitution

Tonight, president Obama is expected to take steps to "legalize" four or five million illegal aliens.  The people included within the scope of Obama's order will not be deported and Obama will direct that they get work papers and Social Security numbers.  Of course, the problem with this is that Obama does not have the power to "legalize" anyone who is deemed illegal by the existing law.  As a result, there will be major problems caused across the country in ways that many people may not realize.

One good example is the problem that will be faced by employers.  Right now federal law makes it illegal for an employer to hire an alien not authorized to work in the United States or a contractor who employs illegal immigrants. Violation leads to both criminal and civil penalties.  When Obama issues his order, he will say that the illegal aliens are now authorized to work in the USA, but since Obama does not have the power to do this, that will not be true.  An employer who hires one of these illegals will still be violating federal law.  On the other hand, if the employer refuses to hire one of the illegals, it will be faced with the claim that it is discriminating on the basis of national origin, another act that carries civil and criminal penalties under federal law.  Even if the federal government does not pursue the employer, it will still be open to suit by its other employees.  Class action lawsuits by the legal employees of a company have been upheld on the basis that when the employer hired illegals it reduced the wages of the legal employees.  Lawsuits like that place an employer in jeopardy if it hires the illegals.

Another good example is the plight of the illegals themselves.  If these people come forward and register for work permits and social security cards after Obama's order, they will be revealing themselves and their locations to the government.  Once Obama's order is struck down by the courts or reversed by the next president, these folks will still be illegal except they will be easy targets for deportation since they will have given up all their data to the feds.  Since Obama could not let the resolution of the immigration issue proceed in a constitutional manner, he is putting in jeopardy the very people he is claiming now to help.




 

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