Monday, August 2, 2010

Amnesty is doable through nonenforcement of immigration laws

Last week, the Obama administration got Clinton-appointed Judge Susan Bolton to at least temporarily throw out key provisions of Arizona's immigration law. Within 24 hours came more evidence that they weren't done eviscerating immigration enforcement yet.

That proof came in the form of an astonishing internal memo outlining ways the United States Citizen and Immigration Services (USCIS) could effectively legalize at least tens of thousands of illegal immigrants even if Congress fails to enact amnesty. Some would be granted resident status with the USCIS simply giving them green cards. Others would be allowed to evade deportation, possibly indefinitely.

"In the absence of Comprehensive Immigration Reform, CIS can extend benefits and/or protections to many individuals and groups by issuing new guidance and regulations," said the memo, which was prepared by four senior officials from different parts of USCIS for the agency's director. Two of the memo's authors are Obama appointees, as is USCIS head Alejandro N. Mayorkas.

Sen. Charles Grassley (R-IA) made the 11-page document public last Thursday, arguing in a public statement, "This memo gives credence to our concerns that the administration will go to great lengths to circumvent Congress and unilaterally execute a back door amnesty plan." In June, Grassley and six other senators sent President Obama a letter asking him to deny rumors that his underlings were contemplating amnesty by executive fiat.

Now we have good reason to believe the rumors were true. One proposal contained in the memo was that the USCIS grant "parole in place," which comes with a work permit and the right to apply for a green card, to various illegal immigrants. Another suggestion was to give "deferred action," delaying deportation indefinitely and preserving eligibility to apply for a work permit, to illegal aliens who would have benefited from the DREAM Act.

That would be the same DREAM Act, incidentally, that Congress has repeatedly failed to pass, much as it has shot down broader-based amnesty proposals.

Finally, the memos' authors suggest that the Department of Homeland Security (DHS) could simply stop issuing the "notice to appear" letters that begin the deportation process. The only exception would be in cases where the illegal alien is found to have "significant negative immigration or criminal history."

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