Thursday, April 18, 2013

DHS Announces That DREAMers Aren't Illegal Aliens

In a strange pronouncement, the Department of Homeland Security announced that illegal aliens who are benefiting from the DREAM Act Administrative Amnesty are no longer illegal aliens.  This is, besides being legally incorrect, also contradicted by the Regime's claim that for the purpose of Obamacare, DREAMers are illegal aliens.

KVOA Tucson January 21, 2013 by Sam Salzwedel
New Policy Could Help Undocumented Immigrants Get Licenses
TUCSON - An announcement from the Department of Homeland Security might make it more difficult for Arizona to deny drivers licenses from some undocumented immigrants.
Arizona is the only Mexican Border State not issuing licenses to immigrants who qualify for Deferred Action for Childhood Arrival status, according to the National Immigration Law Center.
Deferred Action allows some young people who were brought to the US illegally to stay if they are in school or have finished high school.
Michigan, Iowa and Nebraska also do not grant drivers licenses while 31 others do, according to the NILC.
The DHS update says, "an individual whose case has been deferred is not considered to be unlawfully present during the period in which deferred action is in effect."

There is only one legal standard for lawful presence.  An alien to be considered lawfully present in the United States is for that alien to have been admitted in a non-immigrant or immigrant classification to the United States or to have been paroled into the United States.  Admitted or paroled, that is the standard.

However, DREAM Act Administrative Amnesty aliens have not been admitted in any non-immigrant or immigrant classification, nor have they been paroled.  Nor have they adjusted their status.  They have no status.  There is no legal classification for them.  They remain illegal aliens.

And this blog reported, this is just what the Regime admitted not so long ago when confronted with the question of qualification for Obamacare benefits for DREAM Act Administrative Amnesty illegal aliens.  Obamacare offers benefits to welfare seeking lawfully present aliens only.  Illegal aliens do not qualify.  And the Department of Health and Human Services admitted that DREAM Act Administrative Amnesty illegal aliens remain illegal aliens.

Furthermore, a closer analysis of the statement by U.S. Citizenship and Immigration Services that DREAM Act Administrative Amnesty illegal aliens remain illegal aliens:

USCIS Website (Updated January 18, 2013)
Deferred Action For Childhood Arrivals-Frequently Asked Questions (FAQ)

Note that the FAQ was updated January 18, 2013 with this recent decision that illegal aliens are not illegal aliens.

But first lets examine what a DACA beneficiary is.  Note on the USCIS FAQs never mention alienage.  A serious error.  Nor do the FAQs mention that the beneficiary must be illegal, except in one sentence:

5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;

Then in the updated FAQ that makes the astounding claim that illegal aliens applying for DACA are lawfully present, the exact opposite is stated.

About Deferred Action for Childhood Arrivals
New - Q1: What is deferred action?
A1: Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. For purposes of future inadmissibility based upon unlawful presence, an individual whose case has been deferred is not considered to be unlawfully present during the period in which deferred action is in effect. An individual who has received deferred action is authorized by the Department of Homeland Security (DHS) to be present in the United States, and is therefore considered by DHS to be lawfully present during the period deferred action is in effect. 

But it then admits that the illegal aliens beneficiaries have no legal status:

However, deferred action does not confer lawful status upon an individual, nor does it excuse any previous or subsequent periods of unlawful presence.

Of course, an alien without lawful status is not lawfully present nor can said alien be considered to be lawfully present if it does not have a lawful status. Lawful status meaning having a non-immigrant or immigrant classification, and, by the way, not violating the terms and conditions of admission.

It is clear that the Regime only issued this "new" FAQ because several states, such as Arizona, have refused to issue driver's licenses to beneficiaries of the DREAM Act Administrative Amnesty.  And quite rightly, as this group of illegal aliens remain illegal aliens.

As even the tax-payer funded ICE Public Advocate for illegal aliens admits:

ICE Enforcement and Removal Operations Public Advocate
About Deferred Action For Childhood Arrivals FAQs
If My Case Is Deferred, Am I In Lawful Status For The Period Of My Deferral?
No.  Although action on your case has been deferred and you do not accrue unlawful presence during the period of deferred action, deferred action does not confer any lawful status.

There is a significant difference between "unlawful presence" and "unlawful status."  Unlawful presence refers to a period an individual is present in the United States (1) without being admitted or paroled or (2) after the expiration of a period of stay authorized by the Department of Homeland Security (such as after the period of stay authorized by a visa has expired).  Unlawful presence is relevant only with respect to determining whether the inadmissibility bars for unlawful presence, set forth in the Immigration and Nationality Act at Section 212(a)(9), apply to an individual if he or she departs the United States and subsequently seeks to re-enter.  (These unlawful presence bars are commonly known as the 3- and 10-Year Bars.) 
The fact that you are not accruing unlawful presence does not change whether you are in lawful status while you remain in the United States.  Because you lack lawful status at the time DHS defers action in your case you remain subject to all legal restrictions and prohibitions on individuals in unlawful status.

The Obama Regime's factually incorrect claim that a certain group of illegal aliens are lawfully present for driver's licenses but not for Obamacare is absurd on its face.  These beneficiaries of an illegal amnesty no more qualify for driver's licenses than they qualify to own firearms.  Illegal aliens can't possess firearms and the ICE Public Advocate recognized this important fact above.

It is in no way surprising given its contempt for the Constitution in the area of immigration law enforcement and other areas. But this Regime is not about either legal or Constitutional adherence or consistency.  It is about crushing of the nation beneath Stalinist boots.

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