After his last plan to give amnesty to illegal immigrants was ruled unconstitutional, Obama has concocted a new scheme to give amnesty to illegal immigrants.
Obama is not letting the fact that his scheme to use an executive order to grant amnesty to illegal immigrants was ruled unconstitutional by a federal judge stop him. Nor is he dissuaded because his last scheme to turn illegal immigrants into new democrat party voters failed so miserably he had to rescind amnesty orders he had already granted. He also hasn’t been discouraged by voters who have failed to make comprehensive immigration reform a front burner issue.
Undeterred, Obama is at it again, with a crazy new angle to give amnesty to illegal immigrants. Obama has concocted a new strategy to shield illegal immigrants from deportation based on their accrual of unlawful presence in the United States.
You read it correctly. Illegal immigrants who have violated our laws the longest will be rewarded by our government, according to the proposed plan obtained by Judicial Watch from the Department of Homeland Security. It’s all part of the president’s mission to grant amnesty to as many illegal immigrants as possible before he leaves office. This includes special executive programs created to help illegal aliens brought to the US as children and family reunification measures that shield relatives and spouses of a broad range of immigrants.
In 2012 Judicial Watch reported on Obama’s effort to halt the deportation of certain illegal immigrants by granting them unlawful presence waivers. That measure applies to illegal aliens who are relatives of American citizens. Before the Obama administration changed the rules, aliens had to return to their native country and request a waiver of inadmissibility in an existing overseas immigrant visa process. This often caused US citizens to be separated for extended periods from their foreign—and undocumented—relatives, according to DHS, and the change significantly reduced that.
The latest amnesty scheme—based on accrual of unlawful presence—further relaxes the rule and drastically expands the pool of illegal immigrants who are eligible by eliminating the requirement that applicants must be relatives of American citizens. Here’s language straight from the government document obtained by JW and signed by Secretary of Homeland Security Jeh Johnson:
“DHS proposes to expand its current provisional waiver process in two principle ways. First, DHS would eliminate current limitations on the provisional waiver process that restrict eligibility to certain immediate relatives of US citizens. Under this proposed rule, the provisional waiver process would be made available to all aliens who are statutorily eligible for waivers of inadmissibility based on unlawful presence and meet certain other conditions.”
DHS also plans to eliminate a requirement that the illegal immigrant demonstrate that denial of the waiver would result in extreme hardship to their US citizen spouse or parent. The proposed rule would expand who may be considered a qualifying relative for purposes of the extreme hardship determination to include lawful permanent resident spouses and parents, according to the DHS document.
According to US Citizenship and Immigration Services (USCIS), the DHS agency that oversees lawful immigration to the United States, this is all being done in the “interests of family unity.”
The agency explains in its new proposal that aliens who are in the Unites States and seeking lawful permanent resident status must either obtain an immigrant visa abroad with the State Department or apply to adjust their immigration status in the United States, if eligible. “Aliens present in the United States without having been inspected and admitted or paroled are typically ineligible to adjust their status in the United States,” the DHS document says, adding that because these aliens entered the country illegally, “their departures may trigger a ground of inadmissibility based on the accrual of unlawful presence in the United States…”
In fact, DHS confirms in its proposed rule that an illegal immigrant who is unlawfully present in the United States for more than 180 days and less than a year who departs voluntarily before the commencement of removal proceedings is inadmissible for three years from the date of departure. An illegal immigrant who is unlawfully present in the United States for more than one year and then departs (before, during, or after removal proceedings), is inadmissible for 10 years from the date of the departure. These violators will benefit tremendously under the new program.
Another interesting tidbit is that the administration is actually encouraging aliens to “complete the visa process abroad, promoting family unity, and improving administrative efficiency.”