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Fifth Column
Amnesty By Regulation, No Congressional Action Needed
2010-07-30
According to an internal U.S. Citizenship and Immigration Services memo going the rounds of Capitol Hill and obtained by National Review, the agency is considering ways in which it could enact "general amnesty absent legislative action" -- that is, without the consent of the American people through a vote in Congress.

"This memorandum offers administrative relief options to . . . reduce the threat of removal for certain individuals present in the United States without authorization," it reads.

Also: "In the absence of general amnesty, USCIS can extend benefits and/or protections to many individuals and groups by issuing new guidance and regulations, exercising discretion with regard to parole-in-place, deferred action and the issuance of Notices to Appear (NTA), and adopting significant process improvements."

In recent weeks, Sen. Chuck Grassley and others in Congress have been pressing the administration to disavow rumors that a de facto amnesty is in the works, including in a letter to Department of Homeland Security head Janet Napolitano. "Since the senators first wrote to the president more than a month ago, we have not been reassured that the plans are just rumors, and we have every reason to believe that the memo is legitimate," a Grassley front man tells NR. (NR contacted DHS, but a front man did not have a comment on the record.)

Many of the memo's proposals are technical and fine-grained; for example, it suggests clarifying the immigration laws for "unaccompanied minors, and for victims of human trafficking, domestic violence, and other criminal activities." It also proposes extending the "grace period" H-1B visa holders have between the expiration of their visa and the date they're expected to leave the country.

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 undocumented Democrats 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 undocumented Democrats 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.
Posted by: Anonymoose

#11  Holeeeeeeschitt.

They sure are pushing all the buttons to trigger an armed insurrection.
Posted by: OldSpook   2010-07-30 21:12  

#10  Why do you think he wants that civilian army so bad? And the Obama Youth....
Posted by: CrazyFool   2010-07-30 18:56  

#9  Should they attempt to do this, it is the assertion of Imperial powers, wherein this President presumes no checks against his power and asserts his perogative to act againt not only the will of the American people, but against the law itself.
Our last interaction with an Imperial presence on these shores does not bode will for this.
Posted by: NoMoreBS   2010-07-30 18:25  

#8  Ine wonders if they are this f**cking stupid, this arrogant, or if they want violence? This will not stand, and widespread violence will follow immediately if they do this.

I think the left has seriously underestimated the boiling point of the American center and right!
Posted by: NoMoreBS   2010-07-30 17:56  

#7  They are asking for gunfire.
Posted by: No I am The Other Beldar   2010-07-30 16:25  

#6  The threat to our Constitution is clearly from within. This political class views the Constitution as a hinderence to their socialist elitist agenda. With the supreme court gone to the left there is nothing short of a revolution to stop him now. Lets remain vigilant through this election and start to nthrow the bums out. This has taken the boomer socialist party 40 years to tear down, it will take just as long to fix.
Posted by: 49 Pan   2010-07-30 16:21  

#5  Almost time for the cartridge box.
Posted by: Hellfish   2010-07-30 12:37  

#4  I see a campaign issue that will resonante with Americans. Democrats need this thrust in their face in every debate, in ads all over the country. It's unAmerican and not compatible with our Republic form of government. Napolitano should disavow it or be publicly forced from office. That tidal wave keeps getting bigger
Posted by: Frank G   2010-07-30 07:56  

#3  Some times I think our worthless, treasoness leader only studies Constitutional law so that he could find ways to circumvent it and destroy this nation.
Posted by: miscellaneous   2010-07-30 02:45  

#2  Translation:

We are no longer a nation of LAWS but a nation of WHIMS [of the ruling elite]. So much for Rule of Law.

Enforcing the law isn't an option, its a compulsion. Even if you dislike a law - you must enforce it.

That is what each and every official has sworn to do - from Obama on down.
Posted by: CrazyFool   2010-07-30 00:51  

#1  This is a god damned outrage.
Being rammed down our throats, for political points.
The gloves are off.
Posted by: bigjim-CA   2010-07-30 00:39  

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