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Kansas Secretary of State Kris Kobach on whether the Administration is breaking federal law by calling for Homeland Security to use prosecutorial disc...
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Joining us now is -- -- back he's the -- secretary of state co author of a number of the state anti illegal immigration laws Chris good to have you with this.
Let's turn -- first the decree itself.
This bureaucratic order.
Are calling for prosecutorial.
Discretion.
On the part of Homeland Security.
Your reaction.
Well my first reaction is what you've obviously heard other people say you covered yourself on the show last night.
And that is that it it's not prosecutorial discretion it's it's a legislative act -- this is an amnesty prosecutorial discretion.
Is where you look at one specific case -- and then you say in that case -- -- circumstances we're not gonna enforce the law or will prosecute for a lower crime.
This is and -- usurpation of Congress's power to pass the DREAM Act or not pass the DREAM Act but there's another point I wanna make and this is one that I don't think any program.
-- national TV has has covered and this will be the first one tonight on your show.
Many people of missed this.
There is a provision in federal law.
That specifically prohibits.
This kind of prosecutorial discretion in other words.
President Obama's administration is breaking federal law it's found in subsection of title eight section 1225.
Of the US code admittedly it's buried in there was passed as part of the big immigration act of 1996.
But it says very clearly.
That the president's administration.
Cannot.
Grant.
This sort of amnesty or cannot refuse to place in deportation proceedings and alien in this situation is illegally in the country so.
Not only is the president -- congressional power he's breaking federal law -- -- what is what is this action against.
Title eight section 1225 -- -- two sub sections and there.
-- work together to make clear -- congress was warned back in 96.
That Bill Clinton made him think Bill Clinton was aggressively enough right in his aggressive enough and as prosecutor in his deportation of illegal aliens so they said.
Win at that time I MS comes into contact with an illegal alien.
They don't have discretion whether to say well maybe we'll deport you -- we want you must place in -- to deportation proceedings.
And this administration is breaking that federal law that congress passed in 1996 in my.
I am correct that that the in 96 law also -- did provide for certain instances in which.
Illegal immigrant.
-- could.
The held in the country rather than being deported.
Pending a resolution of a number cases so long it was certain conditions including a family member being.
-- there a legal resident or a citizen of the United States is.
Is that correct.
That there are specific ways in which you can get relief from removal -- cancellation -- removal so.
But again it requires -- to go ahead and put the person removal proceedings and then yes and our extraordinary.
Circumstances of -- humanitarian concern.
There might be a place where the immigration judge or the administration can give that person relief from removal but again the -- very clear you have to place -- person.
And removal proceedings.
Pulling ourselves out of a bit out of those that legal -- and we appreciate you bringing it to the country's attention in two hours.
What are we gonna -- -- and the fact is under a -- for a number of people in congress who really have.
We know that congressman -- Congressman's white.
Introducing legislation -- block the president's decree.
Lower order for prosecutorial discretion.
But they're really seems to be little that can then that's active as a response on the part of either congress or anyone else to the president's.
Use of of his presidential -- Yet and I think this whole episode illustrates that when you have a president who's abusing power.
And -- used to -- -- authority and breaking federal law.
In some circumstances the options are going to be limited our founding fathers created -- -- constitution and -- republic.
Which envisions some level.
Adherence to the rule of law by elected office holders.
What you've got a president is saying I'm just gonna take a whole category of law and I'm not enforce -- against one point formally people.
That's something that you're right is that the options are limited I think congress can deny the appropriation any funds.
To be used it to be in in the furtherance of the president's a quarter or the apartment securities directive.
Another option is that they Qaeda try to pass legislation of course the US senate the president would try to stop that in of course there's there's recourse to the courts but even that is not -- -- Nothing's going to happen before Election Day to that in your and we're out of time because we're gonna answer this procedure.
Your counseling.
Governor Romney on the issues of illegal immigration.
-- -- at this point we have not heard much from governor Romney.
He and the statements that we've heard from.
You know potentially a vice presidential candidate senator Marco Rubio.
Have done exactly been you know Stearns stock for robust.
And their contest or what are we to make of that is there a split here in the Republican Party and is the party.
Paralyzed on this issue what's what's the deal.
I think what I make -- it is that the president.
Not launch this on the nation just a few days ago and many people are trying to figure out okay what is he doing exactly.
And what does -- -- the legal authority to do gonna help are probably people aren't perfect look healthy do you have.
Well he has just told -- all are Republicans all I suppose.
To go to hell.
And he's gonna do it his way.
-- if there's any sort of interpretation I can help anyone with and counseled -- after the party I'd be delighted to.
It's straightforward there seems to be -- paralysis -- within the party as to how to responded.
Well if you could say prophesied -- charitable way to look at are being they're trying to get the facts and I hope I get the Australian C realize.
This president's brick in the law it's as simple as that and once they realize that it's time to say okay enough is enough.
Thank you very much or Chris -- back up pointing out that.
It is section eight.
1225.
And to you said two references to the fact that.
The president states in the department Homeland Security simply.
Are required to move ahead -- the process of deportation.
And therefore he's in violation of the law.
-- like you very much for being here Crisco back Kansas so.
