A number of RINOs and amnesty supporters, led by Orin Hatch, sent a letter to Obama demanding that the Regime not take this action:
We understand that there’s a push for your Administration to develop a plan to unilaterally extend either deferred action or parole to millions of illegal aliens in the United States. We understand that the Administration may include aliens who have willfully overstayed their visas or filed for benefits knowing that they will not be eligible for a status for years to come. We understand that deferred action and parole are discretionary actions reserved for individual cases that present unusual, emergent or humanitarian circumstances. Deferred action and parole were not intended to be used to confer a status or offer protection to large groups of illegal aliens, even if the agency claims that they look at each case on a “case-by-case” basis.
While we agree our immigration laws need to be fixed, we are deeply concerned about the potential expansion of deferred action or parole for a large illegal alien population. While deferred action and parole are Executive Branch authorities, they should not be used to circumvent Congress’ constitutional authority to legislate immigration policy, particularly as it relates to the illegal population in the United States.
The Administration would be wise to abandon any plans for deferred action or parole for the illegal population. Such a move would further erode the American public’s confidence in the federal government and its commitment to securing the borders and enforcing the laws already on the books.
We would appreciate receiving a commitment that the Administration has no plans to use either authority to change the current position of a large group of illegal aliens already in the United States, and ask that you respond to us about this matter as soon as possible.
This lawlessness was run up the flag pole back in February 2009 on the website of the American (sic) Immigration Lawyers Association. I exposed this lawlessness and called it what it is; an impeachable act.
The interesting thing is that the proposed action by the Regime is what is euphamistically called "deferred action." Deferred action has no place in any law, especially not the Immigration and Nationality Act. Deferred action is more accurately in law called "non-feasance," which is not taking an action required by law. It is just the window dressing that various administrations have given to not fulfilling their oaths of office to ensure that the laws of the United States are faithfully executed.
Of course the Obama Regime has been practicing applying deferred action; ending worksite enforcement and releasing illegal aliens who have been arrested. Since then there has been no complaint from Senator Hatch. Only when the policy threatened to be come overt did he complain.