Last Updated:October 30 @ 12:51 pm

Perry: US immigration plan doesn't alter state law

By Will Weissert

AUSTIN, Texas (AP) — Gov. Rick Perry has told state agencies that the Obama administration's new program allowing some illegal immigrants to avoid deportation is "a slap in the face to the rule of law," and clarified that Texas' immigration policies won't change.

In a letter dated Aug. 16 that was addressed and sent Monday to all agency heads individually, as well as to Attorney General Greg Abbott, Perry said he was seeking to "avoid any confusion on the impact of the Obama administration's actions." He added that the federal policy confers "absolutely no legal status whatsoever to any alien who qualifies."

Under the Deferred Action for Childhood Arrivals program, students age 30 or younger who are enrolled in school on the day they apply will now be eligible for a two-year reprieve from deportation if they demonstrate they came to the U.S. before their 16th birthday; lived in the country for the past five years; and have not been convicted of certain crimes or pose a national security threat.

Last week, young people around the nation formed long lines to attend information sessions and briefings on the new program.

In his letter, Perry referenced media reports that "thousands of aliens in Texas are eligible to apply for relief from deportation under the guidelines."

The governor wrote that he has previously stated his staunch opposition to the new policy, and his letter criticized the Obama administration for attempting to "unilaterally undermine the law through a policy statement issued under the cover of so-called 'prosecutorial discretion.'"

He said the move was "a slap in the face to the rule of law and our Constitutional framework of separated powers."

But Perry also wrote that the program "does not undermine or change our state laws" and that he expects state agencies to keep enforcing them.

A spokeswoman for the governor, Catherine Frazier, said that even though the policy won't alter state law, Perry has been very clear in opposing it.

During his unsuccessful run for president, Perry strongly defended a Texas law that grants cheaper, in-state tuition to illegal immigrants who attended a Texas high school for at least three years. He also was a vocal opponent of a fence stretching the entire length of the U.S.-Mexico border.

Still, Frazier said Perry opposes the way the new policy has been implemented: "They basically circumvented the whole process."

It was a sentiment echoed by attorney general spokeswoman Lauren Bean, who said the Obama administration doesn't have the authority to ignore the law.

"As it does in all cases, the Attorney General's Office is prepared to defend Texas law — and any state agencies that are challenged for following the law and complying with the governor's directive," Bean said in a statement Monday.

Last week, Arizona Gov. Jan Brewer signed an executive order directing her state's agencies to deny driver's licenses and other public benefits to illegal immigrants who obtain work authorizations under the program. Arizona passed one of the nation's toughest anti-immigration laws and Brewer said the federal program doesn't give immigrants legal status and she's following the intent of the current state law denying public benefits to them.

Nebraska Gov. Dave Heinemann has said his state won't extend program participants' driver's licenses, welfare benefits or public assistance.

Perry's letter does not direct any action in response to the new program. Instead, Frazier said the governor "wanted, on the record, to let agencies know what he expects of them."

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14 Comments

  1. Daniel GensericComment by Daniel Genseric
    August 21, 2012 @ 1:12 pm

    “ASIA FOR THE ASIANS, AFRICA FOR THE AFRICANS, WHITE COUNTRIES FOR EVERYBODY!”

    Everybody says there is this RACE problem. Everybody says this RACE problem will be solved when the third world pours into EVERY white country and ONLY into white countries.

    The Netherlands and Belgium are just as crowded as Japan or Taiwan, but nobody says Japan or Taiwan will solve this RACE problem by bringing in millions of third worlders and quote assimilating unquote with them.

    Everybody says the final solution to this RACE problem is for EVERY white country and ONLY white countries to “assimilate,” i.e., intermarry, with all those non-whites.

    What if I said there was this RACE problem and this RACE problem would be solved only if hundreds of millions of non-blacks were brought into EVERY black country and ONLY into black countries?

    How long would it take anyone to realize I’m not talking about a RACE problem. I am talking about the final solution to the BLACK problem?

    And how long would it take any sane black man to notice this and what kind of psycho black man wouldn’t object to this?

    But if I tell that obvious truth about the ongoing program of genocide against my race, the white race, Liberals and respectable conservatives agree that I am a naziwhowantstokillsixmillionjews.

    They say they are anti-racist. What they are is anti-white.

    Anti-racist is a code word for anti-white.

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  2. pistol packing mamaComment by txgoatlady
    August 21, 2012 @ 1:26 pm

    Perry must be in campaign mode for some reason. That seems to be the only time that he is pro-enforcement when it comes to illegal immigration.

    I am still a bit confused as to what this program is supposed to do. Is it simply a reprieve from deportation, or will they also issue temporary work permits to these people? I get the impression that this is Obama’s own “Emancipation Proclamation” and that it doesn’t really DO anything. While I am glad if that is the case, it really is pretty cruel of the Democrats to mislead these people.

    Enforcement of current immigration law would result in self-deportation. The bad economy has already resulted in some self-deportation. The economy is Mexico is starting to look good compared to ours. Sad.

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    • inluminatuoComment by inluminatuo
      August 21, 2012 @ 3:58 pm

      No, he just finally remembered what that third thing was that he forgot in the debate.

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    • peacemakertxComment by peacemakertx
      August 23, 2012 @ 10:20 pm

      Rick Perry says:

      …lower tuition for illegal immigrants…
      …no fence on the border with Mexico…

      Two more reasons why this pseudo-Republican/Conservative needs to go!

      *Why should illegal immigrants enjoy benefits unavailable to legal Texans?
      *If not a fence, then WHAT??

      How is he any different than Obozo??????????

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  3. billwvComment by billwv
    August 21, 2012 @ 2:16 pm

    Ozero’s unconstitutional directive should NOT be honored by the states in that each state is sworn to uphold the Constitution. Ozero has painted himself into a corner on the issue of immigration and what he has okayed is only for purely political purposes. He needs the votes and he knows it. When we see politicians doing all they can to go around the rule of law; that is when that politician is no longer fulfilling his oath of office and needs to be replaced as soon as is feasible. In this case, November 2012.

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    • inluminatuoComment by inluminatuo
      August 21, 2012 @ 4:00 pm

      Presidential edicts are unconstitutional and cannot be enforced upon the states, only to the degree that the cowardly government employees who work in the executive branch are cowered and submit in fear of losing their jobs until a real President can be elected.

      Whne in doubt, vote the anti-Constitutionalists out.

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    • foxmulderComment by foxmulder
      August 23, 2012 @ 8:50 am

      Unfortunately, only the federal govt. has the power to evict illegal aliens and Obambi does not want to do it. Obambi is screwing the American worker and taxpayer by allowing millions of illegal aliens to remain in our country in order to gain Hispanic votes. This proves that Obambi is a ruthless, Chicago-style pol who will do whatever is necessary to retain power.

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  4. Pingback: Perry: US immigration plan doesn’t alter state law – GOPUSA

  5. wedeyComment by wedey
    August 21, 2012 @ 2:45 pm

    O’s executive order is nothing more than that and I am pretty sure it doesn’t outlaw a law on the books. That is only done with congress’s approval. But they also have no spine.
    Way to go Rick Perry. We love you and Jan Brewer. The other states should be backing them up. Someday they are going to do something in your state that is totally against what you stand for and there will be no one to back you up.

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    • Jota_Comment by Jota_
      August 21, 2012 @ 9:10 pm

      The only thing it shows is Obama admitting in public he has no intention to uphold his oath of office to the Constitution.

      What possible good is the Executive branch for serving the law enacted by the Legislative branch if it feels it can pick and choose which laws it will enforce, that is more the work of a Supreme leader, dictator

      If Romney was not a ball less wonder he would be hammering this issue. Reagan would have never let it slide

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  6. moonshineComment by moonshine
    August 21, 2012 @ 4:06 pm

    Good for you Gov. Perry. Hope other States will follow suit. Its about time that someone stood up to this despot, and told him to go pound sand like a good Muslim.

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  7. CharlieComment by vietnamvet
    August 21, 2012 @ 6:27 pm

    Obama’s oath of office had him defending the Constitiution and the rule of law.

    His ‘personal edicts’ such as refusal to defend the Defense of Marriage Act and this ‘modification of the immigration laws
    Are in violation of his oath.

    If he won’t do the job according to the rules, he should go away and do something else. If he won’t leave, he should be booted out.

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  8. middlegroundComment by middleground
    August 21, 2012 @ 8:29 pm

    I was reading Le Monde at the time the US media was pushing Algeria for Algerians and a million or more ethnic French were in danger of being booted out or being murdered. Now no one would dare suggest that the Algerians return to Algeria or be murdered by the ethnic French. To Le Monde Algeria was France and yet our media was pushing a policy abhorrent to most in France. Interesting how emotional issues change.

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  9. canada3dayerComment by canada3dayer
    August 22, 2012 @ 3:27 am

    I’ve heard on the news that, in addition to driver’s licenses, these people can also get SOCIAL SECURITY NUMBERS! ***?? and this might sound like a stupid question, but I really don’t know the answer – once these kids find out that they are here illegally, why don’t they set out to change that and become legal? instead of demanding that we reward them for it? I’ve always wondered about that.

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    • peacemakertxComment by peacemakertx
      August 23, 2012 @ 10:34 pm

      Why shouldn’t they get Social Security cards? Obozo has one…and his is ILLEGAL, too! The answer to your second question is this: Their obvious stance is, “Why bother? We’re already getting all these incredible benefits…what would be the point?” Just like the welfare system: there is no incentive to “do the right thing.”

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