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Judge Napolitano tells Newsmax: Biden does not have the legal authority to grant immigrant amnesty



Former New Jersey Superior Court Judge Andrew Napolitano criticized President Joe Biden’s immigration policies during an interview with Newsmax on Monday, asserting that Biden does not have the authority to grant amnesty to undocumented immigrants unilaterally.

“No, absolutely not. And the Supreme Court said it when Barack Obama attempted to do this,” Napolitano said. “Joe Biden has no respect for the Supreme Court whatsoever. They told him he couldn’t forgive student loans. He’s forgiving them anyway. Now, they told his predecessor [Barack Obama], and you’ve suggested the person who pulls his strings, and there’s a lot of evidence for that, that he couldn’t just grant any kind of amnesty to these people, and Joe Biden is attempting to do so.”

Napolitano elaborated on what he believes to be the administration’s underlying amnesty-to-illegals strategy. “We all know what their game is here. The problem is, under our system, the president has a lot of authority. So, if he decides not to prosecute these people, not to move against them, they’ll stay here.”

In a segment on “Carl Higbie FRONTLINE,” Napolitano reiterated his critique, emphasizing Biden’s perceived disregard for the law. “He doesn’t care about that. What he cares about is trying to get them to vote,” he said.

Delving into the historical context of immigration policies, Napolitano pointed out significant changes post-9/11 and referenced President Ronald Reagan’s 1986 amnesty grant. “Prior to 9/11, if you came here illegally but married an American, you were at the top of the list to become a citizen automatically in the statute. In 1986, Ronald Reagan granted amnesty to 13 million people through a statute through Congress. Both of those things were done by Congress.”

Napolitano underscored the necessity of legislative action for substantial changes to immigration policy. “Could Congress make these people legal? Yes. Can the president do it on his own? No. And the Supreme Court has made that very clear,” Napolitano concluded.

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Jim Thomas

Jim Thomas is a writer based in Indiana. He holds a bachelor’s degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.


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