Press Releases

In advance of President Obama’s remarks this evening regarding his plans to move on immigration via executive order, Congressman Morgan Griffith (R-VA) today issued the following statement:

“Reports indicate the foundation of President Obama’s legal theory behind his plans on immigration is the criminal law doctrine of prosecutorial discretion.  If these reports are true, the President through his executive actions is refusing, in a blanket form, to prosecute violators of the United States’ immigration laws.”

“I question the authority to make a blanket decision regarding the prosecution of criminal laws, as opposed to making decisions in a specific individual’s case.  Further, prosecutorial discretion does not give authority to grant unprosecuted violators with privileges or benefits such as work permits.  Such benefits granted to unprosecuted violators may be in violation of the law.”

“Additionally, if the President’s theory is in fact prosecutorial discretion, it does not mean that the violations the President is choosing to leave un-enforced are no longer crimes.  A subsequent Administration could choose to prosecute any or all of the people previously not prosecuted.  The President granting benefits to unprosecuted individuals will unintentionally create a registry of unprosecuted individuals which may be used by a subsequent Administration for prosecution.” 

“There are a number of actions that the President could and should take regarding illegal immigration.  Among the actions outlined by U.S. Senator Jeff Sessions (R-AL) in a recent National Review Online article that the President has the authority to undertake but isn’t undertaking:

• completing and strengthening the southern border fence;
• tracking foreign visa holders via an exit-entry system;
• canceling visas to nations that will not take back its own citizens;
• stopping the issuance of child tax credits to illegal immigrants;
• targeting those cities that defy immigration law.”

“The President should be defending America’s borders and enforcing our laws.  If he is serious about resolving the illegal immigration issue, why has he not taken the actions above for which he has the authority?”

“President Obama should first work with Congress to stop the unfettered flow of illegal immigrants from around the world into our nation.  Then, working with Congress, we can find a long-term solution.  An unwillingness to deal with the problems at our borders and entry points indicates his current actions have more to do with politics than with seeking real solutions.”

“I am very concerned by reports that later this evening President Obama will announce executive actions on immigration.  Over the next several weeks, I will be closely examining his actions and their legality.  I strongly encourage President Obama and his Administration to respect the Constitution, follow his oath of office, and fulfill his obligation to faithfully execute the laws of our country.”

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