Obama is trying to use his executive powers to enforce the Dream Act even though Congress couldn’t pass the legislation. Chris Wallace lays out the details:
I.C.E has announced changes to its deportation program. Agents are now specifically urged to consider whether an illegal is studying in high school or college or is serving or did serve in the military.
Krauthammer says that this is outright lawlessness on the part of the Obama administration because they are doing the same thing with the Dream Act that they did with Cap and Trade, using the EPA to enforce it anyway. He says we have a rule of law where the Congress creates the laws and the Executive executes them. By forcing agents to not deport illegals who are studying in high school or college is running an end around Congress. Further, he adds, by not basing this on the rule of law, the criteria that agents and prosecutors will use to make these judgments becomes arbitrary and unfair which means someone may get to stay that should be deported and visa-versa.
When addressing the political implications of this, that the Republicans risk becoming the party of deportation as suggested by his colleagues, Krauthammer simply states that the Constitution trumps politics. He adds that if we secure the border and then try to work out some type of program to give illegals a path to citizenship, then the American people will be generous if they know this is the last batch that will need this type of program. But if the border isn’t secured and illegals just keep pouring in, then the American people won’t go for it.