Just a few weeks ago, Representative Chris Millis called a press conference at the North Carolina General Assembly in order to expose Secretary of State Elaine Marshall’s illegal actions in granting more than 320 Notary Public commissions to illegal aliens, and to call for her to resign or risk becoming the first elected official in the state to be impeached since 1870.
At that time, Representative Millis noted, “State law requires that notaries meet a variety of requirements, including that they “reside legally in the United States.” Legal residence in the United States is conferred only via citizenship or by way of a Permanent Resident Alien Card (Form I-551, commonly known as a “green card”), issued by the Department of Homeland Security (DHS).”
Despite this state law, “documents obtained from Marshall show that her office routinely accepted another form of alien identification, a “DACA card” in lieu of green cards as proof of legal residency,” Millis said in a statement.
“A DACA card is a temporary employment authorization to facilitate safe and legitimate work and income for otherwise undocumented aliens and does not confer legal immigration status,” Millis continued.
In response to Millis’ call for her resignation, Marshall issued the following statement:
“This is simply a rehashing of the political attack used by my opponent [Republican Michael LaPaglia] in the recent election. The U.S. Department of Homeland Security has authorized the specifically mentioned notaries to work here lawfully. That federally authorized status continues to be unchanged by the new Presidential administration.”
Unfortunately for Secretary Marshall, the courts and even the Obama Administration have completely debunked her lies.
Yes, you read that correctly – even the Obama Administration, in multiple briefs on the subject, disagreed wholeheartedly with Secretary Marshall.
Admittedly, Marshall is correct in stating that illegal immigrants who have been granted deferred action by Barack Obama’s Deferred Action for Childhood Arrivals program, can work legally in the United States.
However, the fact that they have been granted this deferred action wavier does not change the fact that they are still illegal immigrants. And despite being allowed to hold a job, they are not entitled to be commissioned as a ministerial officer of the state of North Carolina under both state and federal law.
First and foremost, in order to be commissioned as a Notary Public, one must “reside legally in the United States.”
According to the U.S. Customs and Immigration Service website, “deferred action does not provide lawful status” to illegal immigrants. Therefore, despite being allowed to live and work in the United States, the DACA aliens whom Marshall commissioned as Notaries Public do not “reside legally in the United States.”
They are simply granted a wavier from being deported by federal immigration officials.
Furthermore, federal law, specifically 8 U.S. Code § 1621, states that an illegal immigrant, like a DACA alien who does not reside legally in this country, “is not eligible for any State or local public benefit.”
In this case, the “public benefit” is being granted the authority (professional license) to serve as a ministerial officer of the state of North Carolina.
As you can see, Marshall has employed nothing but fallacy in order to weasel her way out of one of the biggest political scandals in the history of the state of North Carolina.
Back in 2012 and 2014 respectively, both the Supreme Court of California and the Supreme Court of Florida rendered decisions that were contrary to Marshall’s constant notion that she is, somehow, acting in accordance with the law in commissioning illegal immigrants as Notaries Public.
The courts determined in both cases that under federal law a state may not issue a license (in Marshall’s case, a Notary Public commission) to any unauthorized alien. Both courts went on to site 8 U.S. Code § 1621 which, as stated above, prohibits illegal “aliens from obtaining certain state public benefits.”
In their unanimous decision, the Florida Supreme Court stated, “The statute first states that aliens are not ‘eligible for any State… public benefit’ unless they are ‘qualified aliens.'”
Of course, as we have previously established above, the DACA aliens Secretary Marshall commissioned as Notaries Public are not, in any way, shape or form, “qualified aliens” as they do not legally reside in the United States.
The final nail in Secretary of State Elaine Marshall’s proverbial coffin is the fact that the Obama Department of Justice also issued briefs in regards to the questions posed to the Supreme Court of California and the Supreme Court of Florida.
In both instances, the Obama Department of Justice rendered decisions that make Secretary Marshall’s assertion that she is acting lawfully null and void.
In regards to the question before the Supreme Court of Florida back in 2014, Acting Assistant Attorney General of the United States Stuart F. Delerey issued a brief on the issue of granting a professional license to an illegal immigrant in which he stated:
“In the view of the United States, 8 U.S. Code § 1621 prohibits this Court from issuing a [professional] license to an unlawfully present alien. That federal statute operates to limit the categories of aliens who may receive a ‘professional license’ that is ‘provided… by appropriated funds of a State. 8 U.S. Code § 1621 (c)“
With the massive amount of federal and state statutes, decisions of multiple Courts, and briefs from the Obama Administration that are in complete disagreement with Secretary of State Elaine Marshall’s conclusion that she acted lawfully by issuing Notary Public commissions to more than 320 illegal immigrants, it is safe to say Secretary Marshall’s lies have been completely debunked.
Secretary Marshall has no leg to stand on despite the fact that she continues to lie in an attempt to cover up her illegal actions.
Ultimately, it’s abundantly clear that the writing is on the wall for Marshall.