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Barletta criticizes Obama Administration for 'prosecutorial discretion'

HAZLETON - Congressman Lou Barletta, whose hard-line stance on illegal immigration propelled him into the national spotlight in 2006, has called for investigative hearings regarding a directive from the Obama Administration that allows federal officials to use discretion and not deport illegal immigrants if they meet certain criteria.

At a Monday afternoon press conference in his hometown, Barletta criticized the Obama Administration and Department of Homeland Security Secretary Janet Napolitano for improperly using "prosecutorial discretion" in granting indefinitely renewable two-year work permits to illegal immigrants. He said the development effectively grants "de facto amnesty" to as many as 1.4 million illegal immigrants and has asked leaders of the House Homeland Security and Judiciary committees to hold investigative hearings on the Obama Administration's ability to use prosecutorial discretion when deciding not to deport illegals.

Representatives from the American Civil Liberties Union and Latino Justice did not return calls or respond to email messages regarding Barletta's remarks. Proponents of the administration's directive contend it will give undocumented immigrants the ability to work and live without fear of being deported.

Barletta contends that while the president has the right to exercise prosecutorial discretion, Congress passed a law in 1996 that takes that ability away from the president in cases involving immigration issues.

"By using prosecutorial discretion, the president is actually ordering federal immigration officers to break the law by not enforcing the law," Barletta said. "The 1996 law is very specific that federal immigration officials must enforce the immigration laws and it is not their discretion whether they can or cannot."

Additionally, Barletta introduced two bills in Washington last Friday. House Resolution 6070 requires a study to determine the effects the Obama immigration policy has on national security, potential fraud, American workers, student financial aid, the economy and impacts on government programs including unemployment benefits. House Resolution 6069 would protect federal Immigration and Custom Enforcement agents, Customers and Border Protection employees and U.S. Citizenship and Immigration Service employees who do not follow the president's directive.

"They could not lose their job, federal benefits or be denied a promotion or other similar benefit," for not following the administration's directive, Barletta said.

As Hazleton's mayor, Barletta introduced the controversial Illegal Immigration Relief Act, which would penalize businesses that knowingly hire, and landlords who knowingly rent to, people who are in the country illegally.

Barletta said he learned of the 1996 law approved by Congress during recent discussions with Kansas Secretary of State Kris Kobach. Kobach is an attorney representing Hazleton in its ongoing court battles over the local immigration law.

Barletta said Monday that he believes the Obama administration's arguments for granting amnesty for the benefit of children are politically motivated.


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