While it has been in effect for some time, the Obama Amnesty has hit primetime. http://www.boston.com/news/local/massachusetts/articles/2009/09/07/case_by_case_activists_fight_deportations/ (h/t American Patrol http://www.americanpatrol.com/) Earlier this year a couple of crooked immigration attorneys at the communist run immigration lawyers site, ILW, proposed that Obama ignore the law and the Constitution to impose an amnesty for illegal aliens on the country without bothering to obtain legislation to the effect. (Sorry I won't link to the commie site.) http://federaleagent86.blogspot.com/2009/02/amnesty-by-executive-order-stroke-of.html
Well, it appears that the Obama Regime is taking their advice and proceeding with an illegal and unconstitutional amnesty by executive order.
Here is the money quote:
"Deferrals remain rare, and usually follow an outpouring of community support, from US representatives, teachers, friends, classmates, and clergy. Last year only 311 people of all ages won deferrals; so far this year 356 have been granted, said Brigham. She said ICE evaluates each case individually and would not comment on specific cases because of privacy laws."
What they call deferrals are actually two separate actions. The first is basically non-action. It, however, has no basis in law, as it is a deliberate decision by ICE not to do their job. In the law lingo that is called non-feasance. And actually illegal, as ICE has no legal basis not to enforce the law. Not enforcing the law against some seriously impacts 14th Amendment arguments of equality before the law. Why is A being deported for the same violation that B committed but B is allowed to stay. Pretty simple.
And, in practice, it is based on the political influence of the person being deported. Aside from Private Bills, actual legislation proposed in Congress giving an alien legal permanent residence, what is called deferrals have no basis in the Immigration and Nationality Act. Whereas if a Private Bill is filed on behalf of an alien, any removal proceedings are suspended until the next Congress or the Private Bill passes. However there is nothing in the INA that authorizes not taking action. It is in regulations, but those regulations have no basis in law, as there is nothing in the INA that provides for "deferral" or what is called "Deferred Action." "Deferred Action" is basically ICE saying that we won't enforce the law on this particular person. This is in fact illegal, as ICE and all federal agencies are required to enforce the law without prejudice. Basicly "Deferred Action" is for those who have the political pull to intimidate ICE. Similar situations occur when illegal aliens claim sanctuary in churches and ICE basically refuses to arrest them. Sanctuary has no basis in American law, just as "Deferred Action" has no basis.
It is similar to the DHS policy of not enforcing immigration law against the widows/widowers and minor children of U.S. citizens who die during the immigration process. You can't be sponsored by a dead person, but Janet Reno Napalitano has decided that certain dead people can and roded USCIS [U.S. Citizenship and Immigration Services] and ICE not to take action against certain aliens in anticipation of what she says is future Acts of Congress doing what she wants. This is similar to hearing officers (immigration judges) refusing to deport aliens who they think might be subject to upcoming amnesties or the DREAM Act. http://www.ilw.com/immigdaily/news/2009,0901-spouse.pdf (Yeah, I had to link but in principle I don't like to their main site. sigh)
But back to the upcoming amnesty. The article explains it in brief, the policy, but not the open amnesty:
"Matt Chandler, spokesman for the Department of Homeland Security, which oversees ICE, also declined to comment on the cases. He said the agency’s policies haven’t changed on this issue, but they are being examined.
'Along with all of our immigration and border security policies, the department is conducting a review of policies pertaining to cases such as these,' he said.
Some speculated that the Obama administration is acting more sympathetic toward young immigrants because Homeland Security Secretary Janet Napolitano and others support the Dream Act. 'A lot of the things that everybody was hoping would change haven’t yet,’' said Andres Benach, a Washington lawyer who aided one of the students. 'But this is something where a pattern does appear to be developing.'"
"....a pattern does appear to be developing." That is putting it mildly. It is the amnesty that failed in Congress two years ago. Basically ICE and USCIS have been instructed to stop enforcing the law and become the Welcome Wagon for illegal aliens.