http://pjmedia.com/andrewmccarthy/2015/01/21/obamas-amnesty-decree/?advD=1248,370730#mnetint



The Fight Over Obama’s Amnesty Decree Has Nothing to Do With Homeland
Security

Posted By *Andrew C. McCarthy* On January 21, 2015 Here we go again.

Last month’s “CRomnibus” debacle underscored a divide between the
conservative base that gave Republicans a resounding victory in the midterm
elections and GOP leadership on Capitol Hill: The base wants Obama’s
lawlessness stopped; leadership wants to show that Republicans can “govern”
by working cooperatively with Obama – in effect, codifying his lawlessness.

Prepare for the next betrayal: Republicans are about to surrender on
Obama’s amnesty for illegal immigrants. The surrender, which will be
portrayed as a reluctant but noble compromise for the sake of “homeland
security,” was baked in the CRomnibus cake.

Within what seemed like the bat of an eye, Republicans crushed their
supporters’ spirits by following up their November triumph with a monstrous
1,774-page budget bill that forfeited Congress’s major weapon against
executive lawlessness, the power of the purse. The CRomnibus underwrote the
government through 2015, expending a staggering $1.1 trillion on such Obama
priorities as the full funding of Obamacare – notwithstanding Republican
campaign vows to work tirelessly to kill Obamacare.

The base became livid when GOP leaders teamed up with the White House to
whip against conservative opposition to the CRomnibus bill. As I recounted
<http://www.nationalreview.com/article/396403/republican-congress-has-mandate-andrew-c-mccarthy>
last week, conservative leaders across the country responded with a “Citizens’
Mandate from the November 2014 Elections
<http://getliberty.org/wp-content/uploads/2015/01/CitizensMandate1-14-15.pdf>,”
demanding that the new, GOP-led Congress heed the voters’ call to “Stop the
Fundamental Transformation of America.”

Given that the president proclaimed his imperious amnesty decree on the eve
of the election, its unpopularity may have been even more critical to the
GOP’s November sweep than Obamacare’s. Republicans knew they would have to
make a show of fighting it.

But nothing more than a show.

Republicans can only stop the amnesty by denying funding for its lawless
implementation – which is to include the processing of millions of illegal
aliens for relief from deportation and the issuance of work permits. But
such exploitation of the power of the purse can work only if Republicans
are willing to let the government shut down when, inevitably, Obama refuses
to sign their defunding bill.

Trembling with fear that such a shutdown, no matter how partial and
trivial, would be used to suggest they are incapable of “governing,” GOP
leaders have foresworn the possibility. This is doubly foolish: (a) in our
constitutional system, it is mainly the executive who governs, so
Republicans could not “govern” even if they had a cooperative president to
work with, and (b) since Republicans would be offering to fund everything
else in the government except Obama’s unpopular amnesty, it would be
manifest that Obama, not the GOP, was (very partially) shutting down the
government.

Unfortunately, GOP leaders are hewing to their “no shutdowns under any
circumstances” position (in conjunction with their “no impeachment no
matter what Obama does
<http://www.nationalreview.com/article/396582/there-only-one-way-stop-obama-setting-jihadists-free-andrew-c-mccarthy>”
position). As they well know, they are thus giving our lawless president
license to be as lawless as he chooses to be – their promises to “fight” on
this or that are not genuine. They are hoping, though, that *you* don’t
know that.

So all that remains of the promised “fight” against amnesty is the theater
by which surrender is to be played out. That was already determined in the
CRomnibus. It will be the Theater of National Security.

With constituents burning up their phone lines to protest the CRomnibus as
it headed to a vote, jittery Republicans pleaded with leadership for a fig
leaf they could portray as real opposition to Obama. GOP leaders
accommodated them by carving the Department of Homeland Security out of the
agreement to fund the whole government for a year. The DHS behemoth
includes the agencies that enforce – or, rather, *refrain* from enforcing –
the immigration laws. Under the accommodation, DHS would be funded only
into February. Republicans therefore rode out the CRomnibus storm by
assuring the rubes that, upon taking control of Congress in January, they’d
finally be poised to slash funding from the agencies slated to implement
Obama’s amnesty.

Shrewd: The scenario enabled Republicans to maintain their pose as
opponents of unconstitutional executive amnesty (even though many of them
actually support Obama’s amnesty policy). Yet, it also provided a
ready-made excuse for retreat. How, after all, could Republicans possibly
put funding for “homeland security” in jeopardy? By teeing up the
controversy as if it were a battle over *anti-terrorism dollars*, rather
than *pro-amnesty dollars*, Republicans left themselves an escape hatch:
When the time was right, they could withdraw their opposition to Obama’s
amnesty scheme while portraying themselves as mature, responsible guardians
of public safety.

As if on cue, jihadists trained by al Qaeda carried out mass-murders in
Paris. Meanwhile in Cincinnati, Christopher Lee Cornell, a would-be
Islamist terrorist inspired by ISIS, was arrested for planning to bomb the
U.S. Capitol.

Instantly, the GOP spin machine cranked into high gear: Senator John
Cornyn, now the majority whip, promised
<http://www.nationalreview.com/article/396503/terror-pennsylvania-town-joel-gehrke>
an “unequivocal commitment to funding” DHS – “we’re not going to put that
at risk under any circumstances.” “We recognize the important role that the
Department of Homeland Security plays in this country,” intoned
<http://www.nationaljournal.com/congress/senate-gop-leaders-won-t-pledge-to-follow-house-lead-on-immigration-20150115>
John Thune, the Senate’s third-ranking Republican. According to
<http://www.nationalreview.com/corner/396448/terrorist-threat-spooks-gop-debating-dhs-funding-fight-joel-gehrke>
his House counterpart, GOP Conference chair Cathy McMorris Rodgers,
Republicans must “work very closely with the president,” when it comes to
“keep[ing] the country safe.” Senator Rob Portman chimed
<http://townhall.com/tipsheet/conncarroll/2015/01/16/republican-moderates-use-terror-threat-as-excuse-to-cave-on-amnesty-n1944123>
in that the plot against the Capitol by a man from his home state of Ohio
made him “acutely aware” of the frightening ramifications of putting DHS
funding at risk.

Perhaps Sen. Portman and his colleagues should study the Capitol bombing
plot more closely. What they might notice is that it is *an FBI case*, not
a DHS case. Here is the criminal complaint
<http://www.scribd.com/doc/252654226/USA-v-Christopher-Lee-Cornell-Complaint#scribd>,
sworn out by an FBI special agent, working in conjunction with the FBI’s
Cincinnati-Dayton Joint Terrorism Task Force. The FBI runs several JTTFs
throughout the country. In the main, they combine FBI agents with state and
local police – who are the real force multipliers in counterterrorism.
There is some participation, albeit not much, from other federal agencies.

The fact is that virtually every terrorism prosecution in the United States
results from FBI investigations. When it comes to counterterrorism, the FBI
– the premier intelligence and enforcement arm of the Department of Justice
– is our actual department of homeland security. And as for terrorist
threats from outside the country, security for our homeland is provided by
the armed forces and the intelligence community, into which taxpayers pour
hundreds of billions of dollars annually. When there is a domestic angle to
pursue, those departments – and our allies overseas – call in the FBI.

Yet, under the regnant Washington illusion, a bloated, dysfunctional
bureaucratic sprawl that houses a hodgepodge of 22 agencies simply must be
essential to homeland security because … the pols decided to call it the
“Department of Homeland Security.” You know, the same way your health is
somehow better protected and more affordable because the pols decided to
call a statute the “Patient Protection and Affordable Care Act” (“And if
you like your homeland security, you can keep your homeland security …”)

Have a gander at DHS’s own listing and description
<http://www.dhs.gov/department-components> of its component agencies. Many
of them have little, if anything, to do with combatting the jihad. The ones
with obvious counterterrorism sidelines – such as the immigration and
border security services – are the very agencies that, under Obama, *are
not enforcing the laws adequately*.

How does it promote homeland security to pay for enforcement agencies that *do
not perform their enforcement missions?*

As I’ve maintained
<http://www.nationalreview.com/corner/192101/fire-napolitano-debate-andrew-c-mccarthy>
since its inception, DHS should never have been created in the first place.
It was a typical Washington “*Look, we’re doing something!*” reaction to
the 9/11 attacks. It is grossly overfunded (now at $60 billion, up
threefold from its original budget just a dozen years ago). It is bloated.
Its most notable contributions to counterterrorism have been (a) a report
<http://www.nationalreview.com/articles/227322/dhs-wants-know-what-youre-thinking/andrew-c-mccarthy>
suggesting that the real terror threat came from small government
conservatives and veterans returning home from war, and (b) retaining
<http://www.investigativeproject.org/3869/egyptian-magazine-muslim-brotherhood-infiltrates>
Islamist consultants
<http://www.nationalreview.com/article/388150/obamas-go-moderate-islamist-andrew-c-mccarthy>
to help purge
<http://www.theblaze.com/blog/2014/03/26/a-detailed-look-at-the-purge-of-u-s-counter-terrorism-training-by-the-obama-administration/>
information about Islamic supremacist ideology from materials used to train
law-enforcement and intelligence agents – including a ban
<http://www.nationalreview.com/articles/224461/governments-jihad-i-jihad-i/andrew-c-mccarthy>
on such words as *jihad* and *Islamofascism.* The department
<http://reason.com/archives/2014/10/27/shut-down-the-department-of-homeland-sec/2>
is poorly run, mired in scandal, and apparently impossible to audit.

And did I mention that it is systematically refusing to enforce the
immigration laws, notwithstanding the president’s oath to execute the laws
faithfully?

A number of agencies currently housed in DHS perform important
counterterrorism functions. Those agencies should be reassigned to more
appropriate departments. The Coast Guard, for example, could return to the
Department of Transportation (where it was for nearly 40 years before DHS
came into existence) but with liaison to the Defense and Justice
Departments as well as participation in the FBI’s terrorism task forces.
But it is simply not true that DHS gives the United States value-added
security that we could not have if it did not exist.

More significantly for present purposes, the Republicans’ “homeland
security” rationalization for caving in on the fight against the
president’s lawless amnesty is bogus. As the *Washington Examiner*’s Byron
York recently noted
<http://www.washingtonexaminer.com/yes-congress-can-stop-obamas-immigration-action/article/2557399>,
Congress routinely attaches riders to spending bills, dictating how money
may or may not be spent – indeed, there were more than 450 such riders in
the CRomnibus itself. Palpably, Congress can fully fund all of DHS’s
national security and counterterrorism functions while attaching riders
directing that no funds be expended on the execution of Obama’s amnesty –
no registration, no issuance of government benefits, no employment
authorizations, etc.

Would Obama veto such a bill? He might – although he has signed many such
bills over the years despite chafing at their spending restrictions (e.g.,
the prohibition against using public funds to close the Guantanamo Bay
detention camp and bring detainees into the United States). Even if he
vetoed the bill, however, it would be abundantly clear that the veto was
over *immigration policy*, not *homeland security*. Having voted to fund
homeland security functions, Republicans could not credibly be accused of
undermining our national defense against terrorism just because the context
of the immigration debate is labeled a “homeland security” bill.

If Republicans surrender on amnesty for illegal aliens, it will be because
they decided to surrender on amnesty for illegal aliens. It will be because
their vows to fight Obama were so much empty rhetoric. It will have nothing
to do with homeland security.
------------------------------

Article printed from Ordered Liberty: *http://pjmedia.com/andrewmccarthy
<http://pjmedia.com/andrewmccarthy>*

URL to article:
*http://pjmedia.com/andrewmccarthy/2015/01/21/obamas-amnesty-decree/
<http://pjmedia.com/andrewmccarthy/2015/01/21/obamas-amnesty-decree/>*






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