Wednesday, October 22, 2014

DACA Illegals Being Legalized

In an apparent test run of the upcoming Administrative Amnesty for illegal aliens and the eventual awarding of legal permanent residency to those illegals, the Obama Regime has paroled a group of 40 illegal aliens who left the United States on a tour to their "home."

KTAR October 10, 2014 by Cooper Rummell
Arizona 'Dreamers' Make Emotional Visit To Homeland
PHOENIX -- After decades of being separated from friends and family, two Arizona DREAMers were afforded the opportunity to visit their homes in Mexico.
DREAMers, young illegal immigrants who are protected under the Deferred Action for Childhood Arrivals, often fear that if they leave the United States, they won't be allowed to come back because they lack documentation. That keeps many from visiting their homes and relatives.
A group of 40 DREAMers, however, was recently allowed to return to the US after traveling to Mexico City.
"We had the opportunity to travel to Mexico after many years of not being there," Erika Andiola said. "I hadn't been to Mexico since I was 11 years old-- so 17 years ago."
Andiola traveled from the Valley into Mexico with the group. She said visiting her home country as an adult was an eye-opening experience.

Note, she still considers Mexico home.  So they aren't as the left claims "American citizens in all but name."

The group was allowed the rare travel opportunity by the Department of Homeland Security, which issued the group advanced-parole documents to re-enter the U.S.

The import here is the in the minutia of immigration law.  The so-called DREAMERs, or recipients of the illegal and unconstitutional Deferred Action for Childhood Arrivals (DACA) Administrative Amnesty, remain illegal aliens despite being given employment authorization.  To be legally in the United States, aliens must have been either admitted to the United States, paroled into the United States, or adjusted status under law to a legal status.  There is no mechanism for illegal aliens to adjust status from illegal to legal status, therefore only admission or parole remain for these illegal aliens to gain legal permanent residence.

What happened in this instance is that the Regime colluded with a group of illegal aliens who approached the Regime and asked to be paroled into the United States.  The Regime agreed and approved applications the illegal aliens submitted for advanced parole, e.g. were told that when they leave, they will be paroled into the United States when they return after their return to their home country.

The mechanism is Form I-131, Application For Travel Document, which is the application for advance parole, which is issued on Form I-512, Application For Parole.  The Form I-512 is used when appearing at a Port-of-Entry (POE) and applying for parole to the United States.  If approved at a POE, the alien is paroled.  The alien is then legally present in the United States.  Once legally present, the alien can now apply to adjust status, including to that of legal permanent resident.  Parole was intended for emergent circumstances for those who legally applied to adjust status, but needed to temporarily leave the United States during the application process or for emergency situations, such as mass applications for refugee status such as the Vietnamese boat people.  It was not intended to avoid having an immigrant visa or to aid illegal aliens in remaining in the United States.

Of course, it is illegal to parole into the United States an alien who was previously illegal, without a waiver of grounds of admission, and the 3 and 10 year bars to admission remain.  Nor is there legal basis to parole DACA aliens as DACA is not provided for by law.  The only illegal aliens who can be paroled are those who will serve as a witness in a criminal case or serve as a informant for a law enforcement agency.  Most importantly, DACA aliens who are a paroled are intending immigrants, and cannot be paroled to return to live in the United States.

But what the Regime is planning is to allow all illegal aliens to apply for advance parole or just grant then leave and return, resulting in a parole status from which the Regime will then allow said illegal aliens to adjust status to legal permanent resident. The scheme is simple, and, of course, illegal, but that has long been the plan all along.

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