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What is Obama planning now and should we stop him?

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What is DAPA and how does it affect illegal immigrants?

In the Supreme Court case United States v. Texas, President Obama is calling for the legalization of four million illegal immigrants. What does this mean, how can it be legal and why has he decided to do this?

LOS ANGELES, CA (Catholic Online) - This is exactly what U.S. President Barack Obama is attempting to do with America's illegal immigrant population.

With over 11 million illegal immigrants in the country, 4 million have a chance of becoming legal citizens, eligible to work and collect Federal benefits.

During a previous hearing, Solicitor General Donald B. Verrilli told the justices that Obama was practicing "prosecutorial discretion."

By resorting to "prosecutorial discretion," Obama has the power to change the status of illegal immigrants. With help from a program called Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), anyone who arrived in the United States on or before January 1, 2010 may apply for deferred action, which allows illegal aliens to remain in the United States and find work.

To qualify for deferred action, immigrants must:

  • Have come to the United States under the age of sixteen
  • Have continuously resided in the United States for at least five years and have been physically present in the United States on the date of our announcement on June 15
  • Either be currently in school, a graduate of a U.S. high school or a recipient of a Certificate of High School Equivalency, or an honorably discharged veteran of the Armed Forces of the United States
  • Not have been convicted of either a felony offense, a significant misdemeanor  offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety.
  • Be younger than 31 as of June 15, 2012
Verilli further explained, "Deferred action does not confer lawful immigration status or provide any defense to removal. An alien with deferred action remains removable at any time and DHS has absolute discretion to revoke deferred action unilaterally, without notice or progress.

"Without the ability to work lawfully, individuals with deferred action would have no way to lawfully make ends meet while present here."

However, he specified illegal immigrants with deferred action qualify for "earned-benefit programs" while non-qualified immigrants will not have access to Federal programs or benefits unless they are "lawfully present in the United States as determined by the (Secretary)" of Homeland Security.

Interestingly, when the Supreme Court agreed to hear U.S. v. Texas, it asked opposing parties to argue whether the DAPA policy "violates the Take Care Clause of the Constitution.

This clause requires the United States President to "take due care while executing laws" and is meant to ensure laws are faithfully upheld and executed by the President.

Twenty-six states have sided with Texas to oppose Obama's "prosecutorial discretion" DAPA case, which is set to be heard before the Supreme Court on April 18.

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