1. The only reason that Congress does not pass comprehensive immigration reform is because Speaker Boehner refuses to allow the House to vote on the bill, as it is accepted that if the House were to vote, it would pass the bill.
2. So, we know that the “Will of Congress” is comprehensive immigration reform, and, in light of the Supreme Court’s decision in Arizona, the Speaker must allow the Will of Congress to be expressed.
3. And, President Obama continues to claim that he must enforce the current immigration laws, including the deportation of parents of citizen-children, even though these laws that the President is enforcing are contrary to the Will of Congress. And in light of the Supreme Court’s decision in Arizona, the President must cease enforcing these laws, and, use the power of Executive Order, combined with the bully-pulpit, to give voice to the Will of Congress, and influence the Speaker to allow this Will of Congress to be enacted.
4. But the President, contrary to the Supreme Court’s mandate, is consciously deciding to enforce a dysfunctional immigration system in complete disregard of the fact that the Will of Congress has been clearly established that the current system must be replaced by comprehensive immigration reform.
5. Therefore, here we have President Obama and Speaker Boehner engaging in a rhetorical fight while hurting the issue. The Speaker is refusing to allow the Will of Congress to be enacted and the President is ignoring his Executive Order authority, and, rather, keeps enforcing the current regime, in direct conflict with the Will of Congress. Thus, the President and the Speaker are working in-tandem to prevent the Will of Congress to be enacted. The Speaker by refusing to allow the vote, and the President by enforcing the current law rather than using Executive Order and refuse to enforce laws that are in conflict with the Will of Congress.
6. Therefore, the President and the Speaker continue to act in direct conflict with their duties as mandated by the Supreme Court, and, importantly, the Supreme Court has reaffirmed that if the federal government does not act, the states could have the right to exercise their power; as it has been evidenced by the recent Supreme Court’s refusal to grant certiorari to review the authority of a Nebraska law that prohibits leasing property to unauthorized residents.
7. All the Speaker has to do is allow the Will of Congress to be enacted. All the President has to do is refuse to enforce a legal regime that is contrary to the Will of Congress.
8. Why does President Obama prefer to enforce such a legal regime rather than lead to give effect to the Will of Congress?
9. Why does Speaker Boehner refuse to allow the Will of Congress to be enacted?
Sounds like politics, supported by interest-groups, in violation of the Law.
Avendaño is Executive Editor of El Tiempo Latino
alberto@eltiempolatino.com
