Will MALDEF Sue Obama Too? (Probably Not)

In an August 24 press release, the Mexican American Legal Defense and Educational Fund (MALDEF) called for a lawsuit to block Gov. Susana Martinez’s attempt to require foreign-born New Mexico driver’s license holders to show proof of legal residence. The suit was filed in the First District Court in Santa Fe against the Secretary of the New Mexico Taxation and Revenue Department, on behalf of a group of New Mexico legislators and residents of New Mexico.

MALDEF asserts that “Governor Martinez’s licensing scheme must be stopped because it constitutes gross usurpation of power from the Legislature, which is singularly empowered to create the laws and policy of New Mexico.” The petitioners are asking the court to “order the Secretary to immediately cease and desist the implementation and execution of this unconstitutional program created by the Secretary and carried out by the New Mexico Motor Vehicle Division.”

Wait a minute! Didn’t President Obama just announce broad immigration policy changes that “constitute gross usurpation of power from the Legislature”? Did I miss MALDEF’s press release announcing their intent to sue President Obama to prevent him from usurping congressional authority to make immigration policy? Or, maybe, they just haven’t gotten around to that one yet.

It seems that it is not just our immigration policy that is broken. There is something fundamentally wrong with a judicial process that routinely allows illegal aliens and their advocates access to the courts whenever they feel their interests are being harmed, while American citizens are routinely denied standing to sue to prevent policies harmful to their interests from being carried out.

Of course MALDEF has no intention of suing President Obama for bypassing Congress and implementing what amounts to an administrative amnesty. The problem is that it is unlikely anyone else will have the opportunity to sue him and his administration. The bottom line is that illegal aliens are afforded better protections under our legal system than American citizens are.

About Author


Ira joined the Federation for American Immigration Reform (FAIR) in 1986 with experience as a journalist, professor of journalism, special assistant to Gov. Richard Lamm (Colorado), and press secretary of the House Defense Appropriations Subcommittee. His columns have appeared in National Review, LA Times, NY Times, Washington Post, Newsweek, and more. He is an experienced TV and radio commentator.


  1. avatar

    Our US govt has been so lenient with immigration and amnesty law that you encourage illegals and their associations to protest the govt as they wish.
    Yes I would like to see them sue Obama and his administration so it will be a wakeup call…
    I am not surprised the uprising demands and power of the illegals and the audacity for them to come here and being rebellilus and ingrateful to our country. Their audacity to abuse our legal system to their illegal demands is appaling.

    The reason for me to keep up a good fight is coz the future and present generations sources are mostly depleted by illegals. I know coz the govt rather gave food stamps to illegals with kids than a legal with no kids. I had to go to churchs food pantry to feed myself. How injustice is that??? And now I work and taxpayer money is used to help the welfare of the illegals.

  2. avatar

    Not only do the illegals take our jobs (you know the jobs no American will do ) we wouldn’t do road construction, maids, home builders roofers etc. The will not assimilate with our society. They seem to get away with things we would go to prison or jail for, such as using fake drivers licenses, stealing social security numbers etc. These days it is not cool to be white. After all whites are the ones who of every nation are responsible for all the woes in each country. Did you know that five nations are suing us for trying to implement our immigration laws. Also Obama’s DOJ is suing for the same reason. Why is it that all countries are able to enforce their immigration laws, but we cant?

    • avatar

      That one is easy brenda obummer has a longstanding deepseated rage for us “the west” who he was brainwashed by his wacky parents and thinks we aquired our prosperity by robbing other nations for instance where he still has family kenya ect….he’s on a revenge mission to destroy our economy defund and cripple our military …its all writtin down in “roots of abamas rage” then cross referance with his book and it all falls into place…

    • avatar

      Hey yall, Good Afternoon. After reading all of the comments I just wanted to add that it’s cool to be whatever race you are, white, black, asian, etc. The United States of America is a country of immigrants. I don’t see how its fare to take over someone else’s country and once were in say ok, thats enough, close the doors. If people will swim across the Rio Grande, walk the desert just to have a better life then these are the people who have the heart and determination to help make this country’s future better and brighter.

    • avatar

      If five million Americans did not pay property taxes for six months, what would this country do? We have to hit the politicians in the pockets before they listen to us? Then demand Amisity like the illegals do. It seams the politicians don’t care for Americians, yet they know who their neighbors are, they don’t worry if killers,child molesters,criminals,murderers are in their neighborhoods, If we come together and don’t pay taxes like the illegals, they will have to listen to us.

  3. avatar

    Clearly America’s present lone-superpower status is being increasingly challenged. America will decline and fall just like other great empires in the past, such as those of Britain, Spain, Rome, Persia, Babylon and Egypt. The same patterns of their decline are ours today, especially where it concerns immigration.
    Many foreign immigrants settle in an empire’s capital and major cities. The mixture of ethnic groups in close promimity in these cosmopolitan places inevitably produce conflicts.
    Because of their prominent locations within the empire, their influence gretly exceeds their percentage of the population. Here diversity plainly leads to divisiveness.
    We see this today in the growing conflict in European countries such as France and the Netherlands, where large numbers of immigrants are stoking violent cultural clashes. Angela Merkel said Germany’s attempts to create a multicultural society had “utterly failed” and immigrants must do more to integrate into society.
    The government providing extensive welfare for these people really adds to the conflict. In the case of the city of Rome, which had perhaps 1.2 million people around A.D.170, government-provided “bread and circuses” helped to keep the masses content. About one half of its non-slave population was on the dole at least part of the year.
    Problems are more likely to escalate when the welfare recipients believe state-provided charity is a permanent right or entitlement.
    All this, coupled rampant sexual immorality, abortion and infanticide, dumbing down education, etc., can lead people to see “the writing on the wall for America.”

  4. avatar

    Virginia DMV: “Legal presence means that a person is either a U.S. citizen or is legally authorized to be in the United States.

    Virginia law requires anyone applying for an original Virginia driver’s license or for a DMV-issued identification card to show proof of their legal presence.

    Persons who are authorized by the federal government to be present in the U.S. temporarily are issued limited duration driver’s licenses or identification cards.”

    Now all the illegals go over to Maryland to get licenses or use fake ones.

    My thoughts are that you need both a legal presence requirement and severe penaties for driving without a license or using a fake license. There also needs to uniformity with all states.

  5. avatar

    there is NOT a single person in the USA would say anything to the Obama for wasting money like they do.. and nothing will get done… the Dem.. still think he is the second coming and still kiss his butt.. he is the worst president we have ever had and yet the Dems// still follow him like little dumb lambs and the men like an old goats..

    • avatar

      I am one person who complained to him about his corrupt choices for czars and such, which he appointed by going around any type of conformation hearings and I told him that the citizens of this country don’t want the D’ream Act or anything else to do with amnesty or rewarding those who have broken the laws to get into our country, steal our jobs, give birth to multitude of anchor babies, steal our idenities, smuggle in drugs and all that. I received an email back that had absolutely no reference to anything I said, in fact here is a copy of it that I received on 8/3/11 and I quote…
      “August 3, 2011

      Dear Friend:

      Thank you for writing. I have heard from many Americans concerned about immigration, and I appreciate your perspective.

      Americans are rightly frustrated with our Nation’s broken immigration system, and I share that frustration. We need an immigration system that meets America’s 21st century economic and security needs, and that can only be achieved by putting politics aside and coming together to develop a comprehensive solution that continues to secure our borders, holds businesses responsible for who they hire, strengthens our economic competitiveness, and requires undocumented immigrants to get right with the law. That is how we can reaffirm our heritage as a nation of immigrants and a nation of laws.

      My Administration has invested an unprecedented amount of resources, technology, and manpower to secure our borders, and our efforts are producing real results. Today, our Southern border is more secure than ever with more law enforcement personnel working along it than at any time in American history. Along with significant reductions in the number of people trying to cross the border illegally, crime rates along the border are down, and we have seized more illegal guns, cash, and drugs than in years past. In addition to doing what is necessary to secure our borders, my Administration is taking action against employers who knowingly exploit people and break the law, and criminal immigrants who pose a threat to the safety of American communities.

      I remain deeply committed to working in a bipartisan way to enact immigration reform that restores accountability and responsibility to our broken immigration system. The Federal Government has the responsibility to continue to secure our borders. Those immigrants who are here illegally have a responsibility to pay taxes, pay a fine, learn English, and undergo background checks before they can be considered for legalization. At the same time, we need to provide businesses a legal way to hire the workers they rely on, and a path for those workers to earn legal status. Stopping illegal immigration also depends upon reforming our outdated system of legal immigration. We should make it easier for the best and brightest immigrants to stay here and help create jobs in America. The law should also stop punishing young people who were brought to this country illegally as children by giving them a chance to stay and earn a legal status if they pursue higher education or serve in our military.

      By creating a 21st century immigration system that is true to our principles, our Nation will remain a land of opportunity, prosperity, and freedom for all. To learn more about my Administration’s efforts regarding immigration, or to read our Blueprint for Immigration Reform, please visit: http://www.WhiteHouse.gov/issues/immigration.

      For additional information and resources on current immigration and enforcement efforts, I encourage you to visit http://www.dhs.gov or call 1-800-375-5283.


      Barack Obama”

      How is that for a big bunch of baloney. Vote for anyone but him, hell write your own name into the ballot.

  6. avatar

    MALDEF is worse than those seeking to make pedophiles the victim of their own heinous crimes. The known consequence of illegal border jumper’s makes our own children the victims of overcrowded dangerous schools and neighborhoods. We the people living in the invaded areas, nationwide, need a class action lawsuit against Obama for turning our American dream into a living nightmare, complete with tripled school taxes to educate their spawn! Our own children are exploited with charges of a federal hate crime, while we as citizens lose our rights, liberty, happiness, and property to foreign national invaders.

    • avatar

      I agree – we the US Citizens should have a class action suit against this president.

      • avatar

        I agree, but it will never happen, we have way to many liberal democrates that feel sorry for these poor people that “live in the shadows”. Yeah, right, living in the shadows as they protest their rights, which is alot more rights that the citizens here have. What’s even sadder, if we want to get the heck out of this country, we can’t cause other countries enforce their immigration laws. We are screwed!

  7. avatar

    “…gross usurpation of power from the Legislature, which is singularly empowered to create the laws and policy of New Mexico.” SUE TO STOP

    gross usurpation of power from the Legislature, which is singularly empowered to create the laws and policy of the U.S.” APPLAUD, SO LONG AS THAT EXECUTIVE IS USURPING POWER TO DO OUR BIDDING

  8. avatar

    It’s called the ONGOING RAPE of American citizens, thanks to our USELESS & SPINELESS government representatives!