Wednesday, August 25, 2010

The Administrative Amnesty Goes Into High Gear

Immigration and Customs Enforcement has accelerated the Obama Regime Administrative Amnesty. In a pilot program in Houston, ICE has begun dismissing removal cases against illegal aliens en mass:

The Department of Homeland Security is systematically reviewing thousands of pending immigration cases and moving to dismiss those filed against suspected illegal immigrants who have no serious criminal records, according to several sources familiar with the efforts. Culling the immigration court system dockets of noncriminals started in earnest in Houston about a month ago and has stunned local immigration attorneys, who have reported coming to court anticipating clients' deportations only to learn that the government was dismissing their cases. Richard Rocha, an Immigration and Customs Enforcement spokesman, said Tuesday that the review is part of the agency's broader, nationwide strategy to prioritize the deportations of illegal immigrants who pose a threat to national security and public safety. Rocha declined to provide further details. Critics assailed the plan as another sign that the Obama administration is trying to create a kind of backdoor "amnesty" program.

While the Obama Regime says that they are concentrating on criminal aliens, in fact, criminal aliens are eligible for the Administrative Amnesty. Those with a misdemeanor conviction are eligible.

Gonzalez said DHS attorneys are conducting the reviews on a case-by-case basis. However, he said they are following general guidelines that allow for the dismissal of cases for defendants who have been in the country for two or more years and have no felony convictions. In some instances, defendants can have one misdemeanor conviction, but it cannot involve a DWI, family violence or sexual crime, Gonzalez said.

Of course, those in the know understand what misdemeanors are; they are felonies that a local District Attorney did not want to take to trial, so they became misdemeanors through a plea bargain.

So, here we have it, any illegal alien here two years or more and no felony convictions is here forever. The implication of this is what will be done with them. Some will get status through a relative, some file a fraudulent claim as a trafficking victim, all after paying to be brought here in the first place.

An El Salvadoran man married to a U.S. citizen who has two U.S.-born children. The client had a pending asylum case in the court system, but the case was not particularly strong. Now that his case is terminated, he will be eligible to obtain permanent residency through his wife, Mendoza said. A woman from Cameroon, who was in removal proceedings after being caught by the U.S. Border Patrol, had her case terminated by the government. She meets the criteria of a trafficking victim, Mendoza said, and can now apply for a visa.

Let me predict what will happen next: Most of these illegals given the Administrative Amnesty will have no option to legalize.

Immigrants who have had their cases terminated are frequently left in limbo, immigration attorneys said, and are not granted any form of legal status. "It's very, very key to understand that these aliens are not being granted anything in court. They are still here illegally. They don't have work permits. They don't have Social Security numbers," Mendoza said. "ICE is just saying, 'At this particular moment, we are not going to proceed with trying to remove you from the United States.' "

So, an enterprising hack from the immigration bar will file a lawsuit, claiming that since the federal government will not deport his client, then his client must be given status. In this political climate even the Obama Regime will not give them status, so they will wait for a judge to order a status granted or grant that status himself. The Obama Regime will then not appeal the case, and there we will have it, not an Administrative Amnesty, but a Judicial Amnesty, in keeping with the decline of America from a Republic to an Kritarchy.

The Regime has also released policy on another group of illegal aliens; those with spouses, parents, siblings, or children in the U.S. They will received expedited assistance in adjudicating petitions on file and have their deportation cases dismissed. Basically, any illegal with a relative who can file a petition will be let off scott free.

Of course, this will be a backdoor way to evicerate 287(g) and the aggressive action of local law enforcement officers like Sheriff Joe Arpaio. Any illegals they arrest will be released. In the end, this is the case for impeachment of Obama. Will the Stupid Party step up?

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