Senators Challenge Pres. Obama on Rumors of Executive Order Amnesty

[Ryan Ruck]

Senators Challenge Pres. Obama on Rumors of Executive Order Amnesty

June 21, 2010

Several Senators have learned of a possible plan by the Obama Administration that would provide a mass Amnesty for the nation's 11-18 million illegal aliens. Led by Sen. Chuck Grassley (R-Iowa), eight Senators addressed a letter to the President asking for answers to questions about a plan that would allow DHS Secretary Janet Napolitano to provide an amnesty if they can't secure enough votes for a bill in the Senate.

The letter that was sent to Pres. Obama earlier today asks the President for clarification on the use of deferred action or parole for illegal aliens. The executive actions are typically used in special cases and are evaluated on a case-by-case basis, but if 60 votes can't be secured in the Senate to pass a mass Amnesty, the Administration may use the discretionary actions as an alternative.

Here is the text of the letter signed by Sens. Grassley, Hatch (R-Utah), Vitter (R-La.), Bunning (R-Ky.), Chambliss (R-Ga.), Isakson (R-Ga.), Inhofe (R-Okla.), and Cochran (R-Miss.).

Dear President Obama:

We understand that there’s a push for your Administration to develop a plan to unilaterally extend either deferred action or parole to millions of illegal aliens in the United States. We understand that the Administration may include aliens who have willfully overstayed their visas or filed for benefits knowing that they will not be eligible for a status for years to come. We understand that deferred action and parole are discretionary actions reserved for individual cases that present unusual, emergent or humanitarian circumstances. Deferred action and parole were not intended to be used to confer a status or offer protection to large groups of illegal aliens, even if the agency claims that they look at each case on a “case-by-case” basis.

While we agree our immigration laws need to be fixed, we are deeply concerned about the potential expansion of deferred action or parole for a large illegal alien population. While deferred action and parole are Executive Branch authorities, they should not be used to circumvent Congress’ constitutional authority to legislate immigration policy, particularly as it relates to the illegal population in the United States.

The Administration would be wise to abandon any plans for deferred action or parole for the illegal population. Such a move would further erode the American public’s confidence in the federal government and its commitment to securing the borders and enforcing the laws already on the books.

We would appreciate receiving a commitment that the Administration has no plans to use either authority to change the current position of a large group of illegal aliens already in the United States, and ask that you respond to us about this matter as soon as possible.

Download a PDF version of the letter.

Well, wouldn't that be just ducky. 20+ million likely Dem voters just in time for November 2010 (remember, a number of states have to have new voters registered 60 days before an election).

Chicago style elections come to the US!

[American Patriot]

Ok... let's start a rumble.

Let us start yelling from the top of the mountains to the lowest valley...

"NO AMNESTY FOR ILLEGAL ALIENS!"

Start writing the White House, and all of Congress/senators NOW.

If we get the rhythm right, the rumble will turn into a roar, and then a landslide.

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Is Obama About to Grant Amnesty By Executive Order?

When all else fails, ignore the will of the people.

Posted by LaborUnionReport (Profile)

Wednesday, June 23rd at 12:37AM EDT

18 Comments

Rumors are rumors. Then again…

Apparently, this rumor is serious enough that Senators Grassley, Hatch (R-Utah), Vitter (R-La.), Bunning (R-Ky.), Chambliss (R-Ga.), Isakson (R-Ga.), Inhofe (R-Okla.), and Cochran (R-Miss.) sent President Obama a letter.

According to Numbers USA…

Several Senators have learned of a possible plan by the Obama Administration that would provide a mass Amnesty for the nation’s 11-18 million illegal aliens. Led by Sen. Chuck Grassley (R-Iowa), eight Senators addressed a letter to the President asking for answers to questions about a plan that would allow DHS Secretary Janet Napolitano to provide an amnesty if they can’t secure enough votes for a bill in the Senate.

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Will Obama transform us into a Third World nation with the stroke of a pen?

With his approval rating plunging, along with the economy and faced with growing criticism for the lack of federal enforcement of U.S. immigration laws, Obama knows that there will be no vote before November, on so-called ‘comprehensive immigration reform,’ (amnesty for illegal aliens).

Unable to deliver amnesty as he promised, at least through Constitutional means, there is mounting concern that Obama will use the power of executive order to do so.

Topics: Illegal Immigration, President Obama, Illegal Alien Amnesty

Obama may be planning to grant amnesty to illegal aliens by executive order

Posted: Tue Jun 22, 2010 9:44 pm
Dave Gibson, The Examiner

As I have said before…We will be told that granting citizenship to such a large group of people at once will be a tremendous boost to our tax base, and end our exploding budget deficits.

Of course, the vast majority of illegal aliens do not now, nor will they ever make enough money to even qualify for income taxes, they will simply join the 48 percent of Americans who currently pay nothing and our National Debt will continue to soar.

The real reason Obama wants to grant amnesty to the mostly Hispanic population, is to secure the vote that they would then have as American citizens. Obama believes that doing so would assure Democratic control of the White House and Congress for the next several generations.

At least eight U.S. Senators believe that Obama is preparing to order DHS Secretary Janet Napolitano to provide a defacto amnesty, through the use of massive deferred action or parole for the millions of illegal aliens now living inside our borders.

On Monday, Sens. Grassley (R-Iowa), Hatch (R-Utah), Vitter (R-La.), Bunning (R-Ky.), Chambliss (R-Ga.), Isakson (R-Ga.), Inhofe (R-Okla.), and Cochran (R-Miss.) sent a letter to the White House, demanding answers to this outrage.

The letter reads as follows:

“Dear President Obama:

We understand that there’s a push for your Administration to develop a plan to unilaterally extend either deferred action or parole to millions of illegal aliens in the United States. We understand that the Administration may include aliens who have willfully overstayed their visas or filed for benefits knowing that they will not be eligible for a status for years to come. We understand that deferred action and parole are discretionary actions reserved for individual cases that present unusual, emergent or humanitarian circumstances. Deferred action and parole were not intended to be used to confer a status or offer protection to large groups of illegal aliens, even if the agency claims that they look at each case on a “case-by-case” basis.

While we agree our immigration laws need to be fixed, we are deeply concerned about the potential expansion of deferred action or parole for a large illegal alien population. While deferred action and parole are Executive Branch authorities, they should not be used to circumvent Congress’ constitutional authority to legislate immigration policy, particularly as it relates to the illegal population in the United States.

The Administration would be wise to abandon any plans for deferred action or parole for the illegal population. Such a move would further erode the American public’s confidence in the federal government and its commitment to securing the borders and enforcing the laws already on the books.

We would appreciate receiving a commitment that the Administration has no plans to use either authority to change the current position of a large group of illegal aliens already in the United States, and ask that you respond to us about this matter as soon as possible.”

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USCIS Memo Details Administration’s Plan to Provide Mass Amnesty Through Administrative Actions

July 29, 2010 By Guest Author Leave a Comment
Originally posted in NumbersUSA



A newly revealed memo, obtained by Sen. Chuck Grassley (R-Iowa) who is leading the fight against amnesty, shows Obama Administration officials offering a detailed plan that would offer actual or de facto amnesty to millions of illegal aliens without Congress ever taking a vote.

The 11-page memo, drafted by Chief of Policy and Strategy for U.S. Citizenship and Immigration Services Denise Vanison, outlines the various ways to offer a mass amnesty to the nation’s 11-18 million illegal aliens through the use of administrative actions. The stated purpose of the memo is to offer “administrative relief options to promote family unity, foster economic growth, achieve significant process improvements and reduce the threat of removal for certain individuals present in the United States without authorization.”

“The memo proposes 18 different ways for the Obama Administration to essentially eliminate our borders through regulatory fiat and in clear violation of the letter and the spirit of U.S. immigration laws, which Obama swore an oath to faithfully execute,” said NumbersUSA’s Director of Government Relations Rosemary Jenks.

The memo is an alternative plan to amnesty “in the absence of Comprehensive Immigration Reform.” In addition to using deferred action and parole, which were previously identified in two separate letters drafted by Sen. Grassely and signed by 11 other Senators (read the first and second letters), the memo outlines ways that USCIS can extend benefits and protections to individuals and groups of people by lessening the standards used in “extreme hardship” cases.

Item 4 in the memo outlines ways the Obama Administration can provide amnesty for millions of illegal aliens through the “extreme hardship” provision. It would “encourage many more spouses, sons, and daughters of U.S. citizens and lawful permanent residents to seek relief without fear of removal. It would also increase the likelihood that such relief would be granted.” Section 4 reads:

Lessen the Standard for Demonstrating “Extreme Hardship”
The Act at 212(a)(9)(B)(i)(I) and (II) renders inadmissible for 3 or 10 years individuals who have been unlawfully present in the U.S. for 180 days or one year respectively, and then depart. By statute, DHS has discretion to waive these grounds of inadmissibility for spouses, sons and daughters of U.S. citizens or lawful permanent residents if the refusal to admit such individuals would result in extreme hardship to their qualifying relatives. Generally, the “extreme hardship” standard has been narrowly construed by USCIS.
To increase the number of individuals applying for waivers, and improve their chances of receiving them, CIS could issue guidance or a regulation specifying a lower evidentiary standard for “extreme hardship.” This would promote family unity, and avoid the significant human and financial costs associated with waiver denial decisions born of an overly rigid standard. This revised standard would also complement expanded use of PIP as set forth in B.

In addition to lessening the standard for demonstrating “extreme hardship”, the memo details many more options that “have the potential to result in meaningful immigration reform absent legislative action.”

Other options include: allowing aliens in the United States under Temporary Protected Status to adjust their status to Legal Permanent Resident, extending “grace periods” to leave the country for aliens on temporary work visa, changing the distribution time line for temporary workers on the H-2B visa, and granting up to 240 additional days on applications for employment authorization when the application is filed before the work authorization expiration date.
Denise Vanison has been an immigration attorney for more than 18 years. She advised multi-national and domestic corporate clients on employment of foreign nationals in the United States, I-9 employment verification and procurement of passports, visas, green cards and U.S. citizenship.
The memo was drafted for Director of U.S. Citizenship and Immigration Services Director Alejandro Mayorkas. In addition to Denise Vanison, Roxana Bacon from the Chief Councel’s office, Debra Rogers from Field Operations, and Donald Neufield from Service Center Operations were also listed as authors of the memo.

Read the full memo (PDF)

Sen. Grassley’s first letter to the Obama Administration (PDF)

Sen. Grassley’s follow-up letter to the Obama Administration

| GB |

Overview

Often referred to as Comprehensive Immigration Reform, pro-amnesty groups seek to offer legal permanent residence to illegal aliens.

Comprehensive Immigration Reform bills were introduced in Congress in both 2006 and 2007.

In 2006, separate versions were passed in the Senate and House, but an agreement was never reached in conference committee. In 2007, a version in the Senate proposed by Senators John McCain and Ted Kennedy with support from Pres. Bush failed to reach a cloture vote. The grassroots effort from NumbersUSA members was a major reason why the amnesty failed.

During the 2008 campaign, Pres. Obama offered support for amnesty, and with an overwhelming majority of supporters in the House and Senate, newer versions of the failed bills are likely to be introduced.

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Obama administration considers bypassing Congress on immigration reform

By MARCUS STERN ProPublica

July 30, 2010, 10:57AM

The Obama administration, anticipating that Congress might not pass comprehensive immigration reform this year, is considering ways it could act without congressional approval to achieve many of the objectives of the initiative, including giving permanent resident status, or green cards, to large numbers of people in the country illegally.

The ideas were outlined in an unusually frank draft memo prepared for Alejandro N. Mayorkas, director of the federal agency that handles immigration benefits, U.S. Citizen and Immigration Services (USCIS). The memo lists ways the government could grant permanent resident status to tens of thousands of people and delay the deportation of others, potentially 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 branches of USCIS.

The 11-page document was made public Thursday by Sen. Chuck Grassley, R-Iowa, who with six other senators wrote to Obama more than a month ago, asking for his assurance that rumors that some sort of reprieve was in the works for millions of illegal immigrants weren't true.

"The administration has failed to reassure us that the information we were hearing was inaccurate," Grassley said in a statement to ProPublica Thursday night. "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."

The memo's release is certain to put the administration on the defensive with opponents of "comprehensive immigration reform" -- Washington code for putting many of the estimated 12 million people in the country illegally on a potential path to citizenship. It is also likely to make immigration an even hotter topic in this year's congressional elections, which have already been roiled by Arizona's controversial attempt to use state and local police to enforce federal immigration laws.

Christopher Bentley, a USCIS spokesman, said last night that the agency would not comment on details of the memo, which he described as an internal draft that "should not be equated with official action or policy of the Department...We continue to maintain that comprehensive bipartisan legislation, coupled with smart, effective enforcement, is the only solution to our nation's immigration challenges."

Bentley said that internal memos help the agency "do the thinking that leads to important changes; some of them are adopted and others are rejected" and that "nobody should mistake deliberation and exchange of ideas for final decisions."

"To be clear," he said in an e-mail, the Obama administration "will not grant deferred action or humanitarian parole to the nation's entire illegal immigrant population."

One of the memo's most controversial suggestions is wider use of "deferred action," the agency's discretion to indefinitely delay the deportation of otherwise deportable non-citizens. "This would permit individuals for whom relief may become available in the future to live and work in the U.S. without fear of removal," the memo said.

The memo acknowledges that granting deferred action to an unrestricted number of people "would likely be controversial, not to mention expensive." Instead, it suggests that this option be used for particular groups, such as the approximately 50,000 young people who would be allowed to stay in the country if Congress passed the Dream Act. That bill would provide a potential path to citizenship for qualifying young people who complete a college degree or two years of military service.

The memo also says that standards for "extreme hardship" cases could be eased so "many more spouses, sons and daughters of U.S. citizens and lawful permanent residents" could seek relief without fearing deportation.

In what would be a reversal of a position held by the agency's Office of General Counsel under previous administrations, the memo suggests granting green cards to large numbers of people currently in the country under Temporary Protected Status. That status typically is used to forestall deportation proceedings for large groups of undocumented foreign nationals when it would cause them hardship, such as sending them home in the wake of a major earthquake, hurricane or during a civil war.

Supporters of comprehensive immigration reform are certain to welcome any effort by the Obama administration to unilaterally open pathways to citizenship for many currently in the country illegally. But the draft is also sure to outrage immigration-restriction groups.

"The memo proposes 18 different ways for the Obama Administration to essentially eliminate our borders through regulatory fiat and in clear violation of the letter and the spirit of U.S. immigration laws, which Obama swore an oath to faithfully execute," said Rosemary Jenks, director of government relations for NumbersUSA, an organization that lobbies for tighter immigration laws and practices.

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Obama 'Scheming' on Immigrant Amnesty? Memo Draws Republican Fire

Obama 'Scheming' on Immigrant Amnesty? Memo Draws Republican Fire

Administration Reviews Policies with Comprehensive Immigration Reform Bill Stalled

By JASON RYAN, MATTHEW JAFFE and DEVIN DWYER

WASHINGTON, July 30, 2010—

Critics of President Obama's immigration policy have pounced on an internal government memo they say shows the administration is trying to circumvent Congress on immigration reform and avoid deporting some illegal immigrants.

An undated, internal draft memo by U.S. Citizenship and Immigration Services leaked Thursday outlines "administrative relief options to& reduce the threat of removal for certain individuals present in the United States without authorization."

"In the absence of comprehensive immigration reform," it reads, "USCIS can extend benefits and/or protections to many individuals and groups by issuing new guidance and regulations."

The memo describes possible steps the agency could take to address the situation of the country's estimated 11 million unauthorized immigrants, including granting some groups conditional legal residency.

One of the most controversial proposals in the document involves immigration courts showing greater leniency in some deportation cases by "deferring action" possibly indefinitely.

"This would permit individuals for whom relief may become available in the future to live and work in the U.S. without fear of removal," the memo reads. It specifically suggests such a course be used for the estimated 50,000 undocumented youth who came to the U.S. as children and could be eligible for a path to citizenship under the pending Dream Act.

While the federal government has long exercised discretion in immigration cases on an ad hoc basis, Republicans say using those tools more broadly would amount to "amnesty."

"The President has promised border security and immigration enforcement. He has said we must hold individuals accountable for their illegal acts," said Rep. Lamar Smith of Texas, the top House Republican on the Judiciary Committee. "But now we find out the truth: while saying one thing to the public, the Obama administration is scheming to ensure that immigration laws are not enforced."

U.S. Citizen and Immigration Services press secretary Christopher Bentley responded to the accusations saying, "nobody should mistake deliberation and exchange of ideas for final decisions. To be clear, the Department of Homeland Security will not grant deferred action or humanitarian parole to the nation's entire illegal immigrant population."

"Internal memoranda help us do the thinking that leads to important changes; some of them are adopted and others are rejected. Our goal is to implement policies wisely and well to strengthen all aspects of our mission," he said.

Administration Aims for Comprehensive Reform Package

The memo does acknowledge the political perils of pursuing some of the more controversial options it raises including the prospect of having to ask Congress for funding.

"While it is theoretically possible to grant deferred action to an unrestricted number of unlawfully present individuals, doing so would likely be controversial, not to mention expensive," the memo reads. "Were USCIS to increase significantly the use of deferred action, the agency would either require a separate appropriation or independent funding stream" from Congress.

The White House has also signaled a reluctance to implement unilateral administrative policies that might jeopardize chances of bipartisan, comprehensive legislative reform.

After a group of illegal immigrant college students pressed the administration for an executive order to halt deportations of immigrant children brought to the U.S by their parents, senior White House advisor Valerie Jarrett told them Obama would not grant an executive order because he favored a legislative approach, participants in the meetings said.

The Obama administration has also not yet responded to an April request by Democratic Sen. Dick Durbin and Republican Sen. Richard Lugar for a moratorium on deportations of illegal immigrant students.

Meanwhile, statistics show the Department of Homeland Security deported a record number of illegal immigrants in 2009 and is on pace for a record number in 2010 at the same time the number of illegal immigrants entering the U.S. is down significantly.

On Monday, 1,200 National Guard troops will deploy along the southwest border to assist with enforcement operations there after President Obama authorized the move last month.

Still, immigration officials have made clear their priorities for internal enforcement operations do not include non-criminal aliens who have overstayed visas or crossed a border illegally.

"Immigration and Customs Enforcement is focused on smart, effective immigration enforcement that focuses first on criminal aliens who pose a threat to our communities while we continue to work with Congress to enact reform," said DHS spokesman Matthew Chandler.

Obama Enforcement Priorities Mirror Bush's

A June 30 memo from ICE director John Morton articulates many of the same objectives highlighted in the leaked USCIS memo , including the need for "prosecutorial discretion."

"The rapidly increasing number of criminal aliens who may come to ICE's attention heightens the need for ICE employees to exercise sound judgment and discretion consistent with these priorities when conducting enforcement operations, making detention decisions, making decisions about release on supervision," the ICE memo reads.

"Particular care should be given when dealing with lawful permanent residents, juveniles, and the immediate family members of U.S. citizens."

While the leaked internal DHS memo is making waves on Capitol Hill, it does reflect some of the same enforcement priorities implemented by the adminmistration of George W. Bush.

"You now have two presidents who basically have the same position on comprehensive immigration reform, and that's because you talk to the policy folks, and it's nearly impossible to do this piecemeal," said Nicole Wallace, former White House communications director for President George W. Bush.

Copyright © 2010 ABC News Internet Ventures

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Memo outlines backdoor 'amnesty' plan

Immigration staffers cite tools available without reform


Associated Press PROTEST PARADE: Immigrant rights advocates march across the Brooklyn Bridge in New York to demand full repeal of Arizona's new illegals law. The Obama administration is considering a backdoor approach to stop many deportations.By Stephen Dinan - The Washington Times

Thursday, July 29, 2010 8:39 p.m.,

With Congress gridlocked on an immigration bill, the Obama administration is considering using a back door to stop deporting many illegal immigrants - what a draft government memo said could be "a non-legislative version of amnesty."

The memo, addressed to U.S. Citizenship and Immigration Services Director Alejandro Mayorkas and written by four agency staffers, lists tools it says the administration has to "reduce the threat of removal" for many illegal immigrants who have run afoul of immigration authorities.

"In the absence of comprehensive immigration reform, USCIS can extend benefits and/or protections to many individuals and groups by issuing new guidance and regulations, exercising discretion with regard to parole-in-place, deferred action and the issuance of Notices to Appear," the staffers wrote in the memo, which was obtained by Sen. Charles E. Grassley, Iowa Republican.

The memo suggests that in-depth discussions have occurred on how to keep many illegal immigrants in the country, which would be at least a temporary alternative to the proposals Democrats in Congress have made to legalize illegal immigrants.

Chris Bentley, a USCIS spokesman, said drafting the memo doesn't mean the agency has embraced the policy and "nobody should mistake deliberation and exchange of ideas for final decisions."

"As a matter of good government, U.S. Citizenship and Immigration Services will discuss just about every issue that comes within the purview of the immigration system," he said in an e-mail statement. "We continue to maintain that comprehensive bipartisan legislation, coupled with smart, effective enforcement, is the only solution to our nation's immigration challenges."

He said the Homeland Security Department "will not grant deferred action or humanitarian parole to the nation's entire illegal immigrant population."

The memo does talk about targeting specific groups of illegal immigrants.
Mr. Grassley said it confirms his fears that the administration is trying an end-run around Congress.

"This memo gives credence to our concerns that the administration will go to great lengths to circumvent Congress and unilaterally execute a backdoor amnesty plan," Mr. Grassley said.

The memo acknowledges some of the tools could be costly and might even require asking Congress for more money.

At one point, the authors acknowledge that widespread use of "deferred action" - or using prosecutorial discretion not to deport someone - would be "a non-legislative version of 'amnesty.' "

The authors noted several options for deferred action, including targeting it to students who would be covered by the DREAM Act, a bill that's been introduced in Congress.

In testifying to the Senate Judiciary Committee on May 11, Mr. Mayorkas first said he was unaware of discussions to use these kinds of tools on a categorical basis, then later clarified that officials had talked about expanding the use of those powers.

"I don't know of any plans. I think we have discussed, as we always do, the tools available to us and whether the deployment of any of those tools could achieve a more fair and efficient use or application of the immigration law," he said.

He acknowledged, though, that he was not aware that those powers had ever been used before on a categorical basis.

Sen. John Cornyn, the Texas Republican who queried Mr. Mayorkas on the subject, warned him against pursuing that strategy.

"I think it would be a mistake for the administration to use administrative action, like deferred action on a categorical basis, to deal with a large number of people who are here without proper legal documents to regularize their status without Congress' participation. I will just say that to you for what it's worth," Mr. Cornyn, the ranking Republican on the Senate Judiciary immigration, border security and citizenship subcommittee, told Mr. Mayorkas.

"The American public’s confidence in the federal government’s ability and commitment to enforce our immigration laws is at an all-time low," Mr. Cornyn said in a statement. "This apparent step to circumvent Congress – and avoid a transparent debate on how to fix our broken immigration system – threatens to further erode public confidence in its government and makes it less likely we will ever reach consensus and pass credible border security and immigration reform.”

After reports earlier this year that the agency was working on these sorts of plans, Senate Republicans, led by Mr. Grassley, have sent letters to President Obama and Homeland Security Secretary Janet Napolitano asking for details.

In one letter, the senators warned the president against making an end-run around congressional authority to write immigration rules, and asked for Mr. Obama to promise that he would not use the rules to grant mass pardons.

Rosemary Jenks, government relations manager for NumbersUSA, an organization that advocates for stricter immigration limits, said the memo is "an outrageous usurpation of congressional authority. It is unconstitutional, and a slap in the face to the American people."

She said that the memo could explain why the push for an immigration bill has faltered in Congress.

"This makes sense of the fact that [Senate Majority Leader Harry] Reid and [House Speaker Nancy] Pelosi and Obama are sitting back calmly content with not moving immigration reform this year - because they know Obama is trying to take care of it for them, without Democrats having to be tied down to a vote before the election," she said.

On the other side of the political spectrum, immigrant rights groups have demanded that Mr. Obama halt deportations until he secures a broad legalization bill from Congress - legislation that supporters call "comprehensive immigration reform" because it would tackle enforcement, some aspects of legal immigration and the status of illegal immigrants at the same time.

Two senators earlier this year wrote asking the administration to use its powers to stop deporting students who might be eligible for the DREAM Act, which would allow illegal immigrant college students brought to the U.S. at a young age to gain legal status. The legislation has not been passed by Congress.

Mr. Obama has rejected halting deportations, but his administration has been more careful about whom it pursues.

According to new figures from Immigration and Customs Enforcement, the administration has stepped up its efforts to deport illegal immigrants convicted of crimes, but removal of "non-criminal" illegal immigrants has slowed so far in fiscal 2010.

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Should Democrats Grant Illegals Amnesty Without a Vote?

by SodaHead News Posted 18 minutes ago

• 1 answers
• Read all 0 comments

Despite offiicial protests to the contrary, many people on the right believe that Democrats and President Barack Obama want to circumvent the normal legislative process to allow amnesty for illegal immigrants in this country.

As a sort of smoking gun, anti-illegal advocates point to this internal U.S. Citizenship and Immigration Services memo, obtained by the National Review, that states, in part:

“This memorandum offers administrative relief options to . . . reduce the threat of removal for certain individuals present in the United States without authorization,” it reads...In the absence of Comprehensive Immigration Reform, USCIS can extend benefits and/or protections to many individuals and groups by issuing new guidance and regulations, exercising discretion with regard to parole-in-place, deferred action and the issuance of Notices to Appear (NTA), and adopting significant process improvements.”

Essentially, if the memo is taken on its face, the Department of Homeland Security could arbitrarily, without congressional approval, allow illegal immigrants to stay in the U.S. and obtain legal status.

Considering the volatile election landscape, especially in connection with illegal immigration, some Republicans have been asking for clarification of the memo.

In response, Homeland Security said it was an internal memo that basically was hashing out ideas that would not be implemented. It also stated that amnesty without a congressional vote was not on the table.

President Obama had campaigned on immigration reform, but it's unlikely to be voted on until 2011. Meanwhile skeptics abound.



Should Democrats Grant Illegals Amnesty Without a Vote?

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Memo floats immigration reforms without congressional action

by Dan Nowicki and Daniel González - Jul. 30, 2010 12:54 PM
The Arizona Republic

The Obama administration is exploring a broad range of options that potentially could let thousands of illegal immigrants remain in the United States legally or apply for permanent residency if Congress continues to stall on passage of comprehensive immigration reform, according to an internal government memo obtained by The Arizona Republic.

Homeland Security Department memo

The draft memo, from U.S. Citizenship and Immigration Services, the agency in charge of processing immigration benefits, outlines administrative options that would "promote family unity, foster economic growth and achieve significant process improvements and reduce the threat of removal for certain individuals present in the United States without authorization."

Perhaps the most controversial part of the memo suggests increasing the use of deferred action, which the government uses to let certain illegal immigrants who haven't committed crimes to remain in the United States without fear of being deported. Once an illegal immigrant is granted deferred action, they are eligible for work permits. Currently, deferred action is rarely granted.

The memo also suggests removing the barrier that prevents people who were granted Temporary Protected Status after fleeing natural disasters from applying for legal permanent residency. Currently, there are as many as one million people in the U.S. with Temporary Protected Status.

The status was most recently granted to illegal immigrants from Haiti in the wake of the devastating earthquake.

The memo was originally leaked to Sen. Charles Grassley, an Iowa Republican, and some conservatives groups are already blasting the proposals as an attempt to circumvent Congress in order to grant amnesty to undocumented immigrants.

In a June 21 letter, Grassley and seven other GOP senators had asked President Barack Obama about rumors that his administration was considering a widespread use of "deferred action" or "parole" for large numbers of illegal immigrants. Grassley considers the idea "a large-scale, de facto amnesty program" and in the letter, he and the other senators warned Obama that such a move "would further erode the American public's confidence in the federal government and its commitment to securing the borders and enforcing the laws already on the books."

Grassley followed up Monday with a letter to Homeland Security Secretary Janet Napolitano, seeking details about how her department was using the "deferred action" authority.

"Since we first wrote to the president more than a month ago, the administration has failed to reassure us that the information we were hearing was inaccurate," Grassley said in a written statement to The Arizona Republic.

"The document provides an additional basis for our concerns that the administration will go to great lengths to circumvent Congress and unilaterally execute a back door amnesty plan. The problem remains that if you reward illegality, you get more of it. Our first order of business must be to secure the border and enforce the laws on the books, not look for back channel ways to reward law breakers."

Arizona Gov. Jan Brewer, a Republican, called the memo disturbing.

"I hope the Obama administration would first be exploring and implementing plans to secure our nation's borders and put an end to the daily operations of narco-terrorist groups in the United States," Brewer said. "The accumulated impact of years of federal failure needs to stop. It is clear that Americans want the border secure first, and unilaterally granting amnesty only encourages additional lawlessness."

Christopher S. Bentley, a spokesman for CIS in Washington, D.C., declined to discuss the contents of the memo, but emphasized that the administration is only looking at the possibility of expanding deferred action on a limited basis.

"To be clear, DHS will not grant deferred action or humanitarian parole to the nation's entire illegal immigrant population," Bentley said.

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Is Obama planning to grant amnesty to illegal immigrants without a Congressional vote?

August 2, 8:45 AMManhattan Conservative ExaminerHoward Portnoy


Constitution? Who needs the Constitution?

As the back-and-forth on the subject of illegal immigration reaches an ever more fevered pitch, a newly leaked internal memo from the U.S. Citizenship and Immigration Services suggests the Obama administration may be planning to override the will of the people on this issue. The memo speaks not only of granting amnesty to the 12 million illegal aliens currently living within the nation's borders—an action that by itself is unpopular to the extreme—but of doing so by means of an end run around the Constitution, which requires a Congressional vote before amnesty can be granted.

Insofar as the document is a government departmental memo, the language in it is typically opaque, but the intent of the memo comes through loud and clear: “This memorandum offers administrative relief options to . . . reduce the threat of removal for certain individuals present in the United States without authorization.”
The document speaks further of “meaningful immigration reform absent legislative action” and states:

“In the absence of Comprehensive Immigration Reform, USCIS can extend benefits and/or protections to many individuals and groups by issuing new guidance and regulations, exercising discretion with regard to parole-in-place, deferred action and the issuance of Notices to Appear (NTA), and adopting significant process improvements.”

Parole-in-place, should the term be unfamiliar, is a status often accorded to families of military personnel stationed abroad that allows them to be in a foreign without formal documentation. In this case, it means "amnesty," plain and simply. "Significant process improvements" is another of saying that USCIS proposes taking matters into its own hands and granting amnesty without the consent of the American people via vote in Congress.

Robert VerBruggen writes at National Review that In recent weeks, members of Congress have been pressing the administration to disavow rumors that a de facto amnesty is in the works. A group of senators led by Sen. Chuck Grassley, VerBruggen notes, have copied Department of Homeland Security head Janet Napolitano in their queries. Grassley recent wrote to the DHS directly, stating, “Since the senators first wrote to the president more than a month ago, we have not been reassured that the plans are just rumors.”

For an administration founded on the notions of openness and transparency, this White House is guilty not only of taking a "business as usual" approach but of doing so arrogantly, never seeing a need to square its actions with the electorate. Will the White House give assurances that this is not just another blind power grab?

And if not, will the people makes their voices heard at election time?