Category Archives: National Defense
U.S. District Judge David Campbell handed both sides a partial victory at the
first stage in a case challenging Arizona Governor Jan Brewer’s executive order
that her state will not issue driver’s licenses to illegal aliens allowed to
stay in this country temporarily under President Barack Obama’s amnesty program
of not pursuing deportation for many illegal aliens. But the judge also signaled
that Brewer was likely to lose this case in the end, and these illegal aliens
will end up with Arizona licenses.
In 2012 Obama issued an executive order creating his temporary amnesty program.
After Congress refused to pass Obama’s proposed DREAM Act on enact an
immigration bill granting amnesty to millions of foreigners who entered this
country illegally, the president violated his constitutional duty to take care
to faithfully execute the law by announcing that he would not deport large
groups of illegals that he thinks should receive amnesty. A federal judge is
Texas recently held the administration’s actions illegal, but that issue has not
yet been resolved on appeal.
In response to Obama’s executive order and Homeland Security Secretary Janet
Napolitano’s subsequent halting of deportations, Brewer issued an order to the
Arizona Department of Motor Vehicles ordering them to stop accepting federal
documents from those illegal aliens granted temporary amnesty for purposes of
issuing driver’s licenses. An advocacy group for illegal aliens filed a lawsuit
challenging Brewer’s actions in Arizona Dream Act Coalition v. Brewer.
Brewer filed a motion to dismiss the suit, and the plaintiffs filed a motion for
a preliminary injunction to block Brewer’s actions while the lawsuit proceeds.
On May 16, Judge Campbell denied both motions.
Campbell rejected the plaintiffs’ argument that Brewer’s order violates the
Supremacy Clause by conflicting with federal law. He correctly reasoned that
Obama’s order and Napolitano’s follow-up actions carry no force of law under the
Constitution, and therefore do not amount to a federal law that would trump
However, Campbell held it was very likely that the plaintiffs’ alternative
argument that Brewer’s order violates the Equal Protection Clause of the
Fourteenth Amendment will ultimately succeed. Although he correctly held that
the lowest form of judicial scrutiny—called rational-basis review—is the legal
standard for a case like this, he then reasoned that Brewer’s order was likely
to fail under even that deferential standard when he issues a final ruling on
the merits of this case.
“The Governor’s disagreement with the DACA [amnesty] program may be a rational political or policy view in a broad sense—reasonable people certainly can disagree on an issue as complex and difficult as immigration—but it provides no justification for saying that an Arizona’s driver’s license may be issued to one person who has been permitted to remain temporarily in the country on deferred action status—say for an individual humanitarian reason—while another person who has been permitted to remain temporarily in the country on deferred action status under the DACA program is denied a license.” The court noted that both groups of aliens have their deportation actions deferred through prosecutorial discretion, both have temporary status, both are federally eligible to work, and both have documents that have always been accepted by Arizona for driver’s licenses. Campbell noted that Arizona asserts four bases for why Brewer’s law is rational, but concluded that Brewer’s order blocking one group of illegal aliens from getting licenses, but not the other group, undermined the argument of why her order was reasonably related to advancing the public interests she asserted in court.
Campbell has the pedigree of a conservative judge. A Utah native, he clerked for
Justice William Rehnquist (before he became chief justice) on the Supreme Court.
The opinion is well-written and gives Brewer her due. It seems unlikely that he
will change his mind later in this case, or that the U.S. Court of Appeals for
the Ninth Circuit will reverse his decision.
And so the latest fight between Obama and Arizona over immigration continues.
Breitbart News legal columnist Ken Klukowski is a fellow with the American Civil
According to Republican National Committee Chairman Reince Priebus, this campaign commercial on the Benghazi scandal was ready to go last year, but Mitt Romney squelched it because he wanted to focus on the economy. A colossal mistake by Romney!
Congressman Paul Gosar issued this statement after participating in yesterday’s hearing on the Obama Administration’s Benghazi scandal:
“If we do not hold the Obama Administration accountable for their egregious failures, Benghazi will happen again. Today’s hearing demands further investigation into this attack; as new information shattered the Obama Administration’s lies surrounding Benghazi.”
“Today, the State Department’s Mr. Hicks told me directly that the administration’s statements and misrepresentations hurt U.S. credibility in Libya and shamed the government we are trying to support.”
Rep. Gosar continued, “I will not stop until we are confident we know all we can to prevent future tragic events similar to Benghazi and the rotten political spin that followed.”
In his Front Page article “The Muslim Student Association and the Boston Terrorist Connection,” Daniel Greenfield chronicles the radical role of Muslim Student Associations on America’s tax-funded public university campuses. He also tells us the University of Arizona, in Tucson, helped educate the co-founder of Al Qaeda, definitely not good billboard advertising fodder for UA. And student clubs like the MSAs are funded by your tax dollars.
Al-Awlaki wasn’t even the highest ranking Al Qaeda leader to have been an MSA president. That honor went to Wa’el Hamza Julaidan, a co-founder of Al Qaeda and MSA president at the University of Arizona. The highest profile MSA president to have gone down was MSA national President Abdurahman Alamoudi, currently serving out a 23-year prison sentence.
Both the national and the local Muslim Students Association groups had long histories of being involved in terrorism, of raising money for terrorists and of promoting terrorism. Nor was the Dartmouth MSA a moderate oasis in a sea of radicalism. Not only were the Dartmouth MSA officers taking sides in the religious war consuming Syria, but Charles C. Johnson found that the Dartmouth MSA “routinely advertises speeches and seminars taught by radical imams.”
The MSA’s track record in turning out terrorists is indisputable. As are its links to imams and sheiks who preach Jihad. Maybe Dzhokhar Tsarnaev never did more than take part in MSA soccer games alongside MSA officers and did not absorb any of their views. Perhaps he never attended an MSA-sponsored lecture by an imam or sheik who discussed the finer points of which infidels you can kill. But considering the MSA’s murderous track record, it is far more likely that he did.
The Dartmouth MSA was eager to associate with Dzhokhar Tsarnaev when he was only a terrorist in training, but is now just as eager to write him off as a soccer buddy. But Dzhokhar Tsarnaev and the MSA shared more than an interest in soccer. They also shared an interest in Jihad.
By U.S. Reps. David Schweikert, Matt Salmon and Paul Gosar
America is a nation of immigrants.
In our relatively short history, millions have left their homelands and traveled great distances to be a part of a grand experiment called America. Today, we are a melting pot of traditions, cultures and ethnicities – all united by a shared belief in the freedom and opportunity that we call the American Dream.
But we are also a nation of laws and fairness. Ours is a land where people can come, work hard and be successful regardless of where they come from, so long as they play by the rules and earn their way honestly. It is our belief in the rule of law and our belief in opportunity that makes the American Dream possible.
Both of these traditions are intertwined into our history and both must be preserved as we embark on the debate over immigration reform.
There is no question that our immigration system is not working, and debates on how to reform it spurs deep emotions for those on all sides of the issue.
But reform should not be driven by emotion alone. To successfully implement immigration reform, we must not lose sight of the ultimate goal: immigration reform must strengthen America as the flagship of freedom in the world.
Reforming our immigration system must start by streamlining and expanding legal immigration for skilled workers. American businesses are plagued by a shortage of skilled and educated workers particularly in the fields of science, math, engineering and technology.
Currently, only 13 percent of green cards are awarded based on economic considerations. This needs to change. We should be encouraging skilled workers to come to America to help grow American businesses and boost our economy.
Additionally, we need to reform and streamline our temporary work-visa program. To the extent that American businesses find themselves in need of low-skilled labor, we can and should expand this program. Not only will this help our economy, but it will also discourage illegal immigration by offering immigrants legal employment opportunities.
However, any temporary work-visa program must include enforcement mechanisms to ensure temporary workers do not overstay their visas, add to the ballooning cost of entitlements and increase the population of illegal immigrants already in the country.
Which brings us to the most contentious part of the immigration debate: what to do with the 11 million immigrants who have come here illegally? To answer this question, we must return to the two principles that have guided our nation from its inception to this day.
The desire to make a better life for oneself and one’s family is certainly admirable, but we should not reward those who have broken our laws at the expense of the millions of immigrants who have played by the rules and are patiently waiting their turn in line. Simply put, those in our country illegally should not have a unique path to citizenship not available to those who have chosen to abide by our laws and attempt to emigrate legally.
At the same time, there is no benefit to keeping 11 million illegal immigrants trapped in the shadows. In fact, it is in our country’s interest to know who they are and where they live.
Reforming our immigration system to address the status of the 11 million people in our country illegally should focus on normalizing their legal status without access to federal benefits or a special pathway to citizenship.
Finally, real and objectively verifiable border security must be a part of any legislation. If we cannot stem the tide of illegal immigration, we are destined to repeat the cycle of amnesty again and again.
In 1986, Congress passed comprehensive immigration reform, granting amnesty to 3 million illegal immigrants, while promising that it would solve our country’s illegal immigration problem. Today, we have 11 million illegal immigrants, and we are on the verge of repeating the same mistakes.
We have an opportunity to learn from those mistakes and reform our immigration system in a way that preserves America’s tradition of fairness, freedom and equality. We hope Congress will not squander that opportunity.
In the spirit of the Statue of Liberty that declares, “Give me your tired, your poor, your huddled masses yearning to breathe free,” we welcome those who want to lawfully be a part of the American Dream.
But it is up to us to protect that dream, to respect the rule of law and to make sure future immigrants and future Americans have a place to call home. It is up to us to preserve the American tradition of fairness and laws that keep us the most prosperous, strongest nation on this Earth.