Former State Senator Shawn Mitchell Should Work On Research Skills Re: Immigration

On June 15, 2012 my friend and former Colorado State Senator Shawn Mitchell stated on facebook regarding President Obama’s announcement that same day on DREAM Act immigrants:

Granting work permits to individuals prohibited by US statute from residing here, let alone working here, is not executive discretion. It is lawless policymaking by fiat."

However, it would help if he had actually bothered to read the statute on point. 8 U.S.C. § 1324a(h)(3) specifically states:

As used in this section, the term “unauthorized alien” means, with respect to the employment of an alien at a particular time, that the alien is not at that time . . . authorized to be so employed by this chapter or by the Attorney General.

Per the express language of this statute, the executive branch CAN allow otherwise unauthorized immigrants to LEGALLY work in the United States. And, in case he needed further authority on how the executive branch has set out who can and cannot be employed, per 8 C.F.R. § 274a.12(c)(14), aliens in deferred status are able to apply for employment authorization.

Now Shawn Mitchell is almost always the smartest guy in the room.  That said, he clearly didn't do even basic research before spouting off on this issue.  And if the GOP's smartest guy in the room can't help but to be reactionary on this issue, what does that say about the way the rest of the party will handle it?  

About the author (updated in July 2012): Elliot Fladen is an attorney practicing law in Colorado Springs, Colorado.  Nothing in this blog is meant to constitute legal advice unless explicitly stated to the contrary.