Obama Amnesty Supporters Don't Let Facts Get in the Way of a Good Story

By John Miano, June 2, 2015

I have refrained from writing about DACA and DAPA because most of the legal analysis in the media (including that of noted constitutional law scholars) is total garbage and I did not want to get into a fight with fools.

However, this post from the tin-foil hat crowd illustrates the growing connection between my own lawsuits and these two programs — but in a different way than portrayed here.

I like the way the article portrays me as some kind of Professor Moriarty "attempting to delegitimize the president's immigration-related actions". The tin-foil-hatters write:

Those lawsuits are Washington Alliance of Technology Workers v. USDHS (WashTech) and Save Jobs USA v. USDHS. And rather than focusing on the larger deportation relief programs like the 26 states are in Texas, these suits are aimed at more specific policy areas involving the issuance of visas and/or work authorization as part of a strategy to more deliberately chip away at President Obama's actions — casting a disingenuous appearance of lawlessness on the president's actions as a whole.

The tin-foil-hatters have come up with a great story: a grand conspiracy to undermine Obama. The only problem here is that the WashTech lawsuit challenges an action taken by President BUSH, Jr., and the Immigration Reform Law Institute has been involved in this issue since 2008.

In a previous post, I described how Obama's DHS has claimed that the definition of unauthorized alien in 8 U.S.C. § 1324a(h)(3) gives it "unfettered" authority to allow any alien to work in the United States. That is the justification being used for DACA, DAPA, and the H-4 work authorization.

There was no mention of 8 U.S.C. § 1324a when the Bushies promulgated the OPT regulation at issue in the WashTech lawsuit. In fact, DHS never mentioned §1324a in connection with OPT either until it made its summary judgment motion in March.

There was no connection between Washtech and Obama's own actions until his DHS created it.

As usual, the tin-foil-hatters don't let the facts get in the way of a good story.