Judicial Watch has filed a lawsuit against the Department of Homeland Security requesting documents, under the Freedom of Information Act, regarding the Executive Amnesty that went into effect on August 15. The policy, announced in June, allows illegal aliens who came to the United States before the age of 16, have maintained continuous residence, are 30 years of age or younger, and attend school or hold a high school diploma to receive deferred action and a work permit. An estimated 1.8 million illegal aliens are likely to qualify.
Specifically, Judicial Watch has asked for all documents that concern:
the Department of Homeland Security’s decision to exercise prosecutorial discretion with respect to individuals who came to the United States as children…Such records include, but are not limited to, opinions, memoranda, or legal advice rendered by the Office of Legal Counsel.
Judicial Watch requested the documents in late-June, but DHS failed to comply, and has still not complied.
"This new Obama amnesty program is an attack on the constitutional role of Congress and runs rough shod over existing immigration law. It is no surprise that the Obama administration doesn’t want to share the legal basis for this unilateral executive action and is violating Freedom of Information Act law to keep the American people in the dark," said Judicial Watch President Tom Fitton. "President Obama and his political appointees are abusing their offices with this new amnesty program. If the administration were confident about the legality of its actions, it wouldn’t be keeping secret the legal basis for President Obama’s extraordinary decision to unilaterally change the law."