Friday, July 30, 2010

The Administrative Amnesty Confirmed

Over a year ago I wrote about the proposed "Administrative Amnesty" that was proposed by a cliche at the immigration bar. Now it appears that the plan concocted by the immigration bar has been adopted hook, line and sinker by the Obama Regime and U.S. Citizenship and Immigration Services. National Review Online, continuing to have hard hitting immigration reporting and comment of late, and author Robert VerBruggen have obtained a USCIS memorandum advocating an administrative amnesty based on the immigration bar plan. Interestingly it differs from other rumors that abounded one of which saying that the Obama Regime will legalize only those illegal aliens previously admitted but overstayed their period of admission. Which itself potentially solved some problems with all amnesty schemes and the 1986 amnesty; how after stating in the amensty only those who have been here a set time (usually 5 years, the Kennedy/McCain amnesty had that cutoff time). Most who enter illegally have no record and in the 1986 amnesty they routinely produced counterfeit records that made a sham of the whole proceedure. Presently we have good records of those who enter with the fingerprinting system in U.S. Visit and could at least verify the identity and date of admission of applicants if that pool was limited to those actually admitted.

However, those rumors are non-operative and we have an insight into the acutal planned Administrative Amnesty:

With other ideas, however, USCIS is aiming big. Perhaps the most egregious
suggestion is to “Increase the Use of Deferred Action.” “Deferred action,” as
the memo defines it, “is an exercise of prosecutorial discretion not to pursue
removal from the U.S. of a particular individual for a specific period of time.”
For example, after Hurricane Katrina, the government decided not to remove
illegal immigrants who’d been affected by the disaster.

The memo claims that there are no limits to USCIS’s ability to
use deferred action, but warns that using this power indiscriminately would be
“controversial, not to mention expensive.” The memo suggests using deferred
action to exempt “particular groups” from removal — such as the
illegal-immigrant high-school graduates who would fall under the DREAM Act (a
measure that has been shot down repeatedly in Congress). The memo claims that
the DREAM Act would cover “an estimated 50,000” individuals, though as many as 65,000 illegal immigrants graduate high school every year in the U.S.

In the immediate wake of the court decision blocking the Arizona immigration law
yesterday, the memo is sure to create controversy — and the sense that the
administration is bent on preserving and extending the nation’s de
facto
amnesty.


Here is the crux of the whole Obama Regime policy, illegality couched in legal terms. In this case we have "deferred action," others are "prosecutorial discretion" and "priorities". All are just synonyms for non-feasance; not performing their duties with the intent to produce a defacto amnesty, much like the "parole-in-place" option mentioned in the USCIS memorandum.

VerBruggen's update on the story quotes a USCIS press release that has not been posted on the USCIS website yet.

UPDATE: DHS has issued the following response:
Internal draft memos do not
and should not be equated with official action or policy of the Department. We
will not comment on notional, pre-decisional memos. As a matter of good
government, U.S. Citizenship and Immigration Services (USCIS) will discuss just
about every issue that comes within the purview of the immigration system. We
continue to maintain that comprehensive bipartisan legislation, coupled with
smart, effective enforcement, is the only solution to our nation’s immigration
challenges.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. The
choices we have made so far have strengthened both the enforcement and services
sides of USCIS — nobody should mistake deliberation and exchange of ideas for
final decisions. To be clear, DHS will not grant deferred action or humanitarian
parole to the nation’s entire illegal immigrant population.

Although the press release did not explicitly confirm the memorandum, it was enough to verify the authenticity of the memorandum, which I had doubts about because it was undated and partially authored by Donald Neufeld, who wrote most USCIS policy memorandums, and had retired a month or so ago and I did not think the quality of the memorandum met his usual standards. But the non-denial denial is confirmation.

The shear audacity of the lawlessness of the memorandum is staggering, but very much believable for the Obama Regime. Obviously the Regime has concluded that legislation is impossible so action must be outside the law. Even their non-denial denial is filled with qualifications; "To be clear, DHS will not grant deferred action or humanitarian parole to the nation’s entire illegal immigrant population." Entire being the operative Clintonesque qualifier, not all of them, just a large majority.

One aspect of their lawlessness is to change the law by reinterpeting the law. For instance they propose allowing illegal aliens to leave the U.S. and obtain an immigrant visa by "reinterpreting" the law that says said aliens have a three and ten year bar on reentry by redefining the rather clear terms like "departure" and "admission" so as to make those requirements in various acts of Congress meaningless. They will redefine words much like the Party did in 1984, making them meaningless or the opposite of their true meaning. Up will really be down, and white will really mean black. The Regime will stop at nothing to get its way, including destroying the law.

And looking at their non-denial denial, the plan is in motion and will not be stopped.

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