Yes Another Bad Deal For America From Obama: His Amnesty Plan Provides Safe Harbor In US To Criminal Illegal Immigrants – Felony And Misdemeanor Convictions, Being Here Illegally, And Criminal Use Of Stolen Or Fake Social Security Numbers Forgiven

August 7, 2012

WASHINGTON, DC – President Obama’s new immigration plan will provide safe harbor to criminal illegal immigrants and will lead to a “capitulation to lawlessness” that could threaten public safety, Sen. Jeff Sessions, R-Ala., said.

Fox News has obtained an internal document detailing how the Department of Homeland Security plans to implement what critics say amounts to an amnesty policy for what could be more than one million illegal immigrants.

According to the documents, illegal immigrants convicted of felonies or misdemeanors under “state immigration laws” may be granted deferred action. Those who have repeatedly entered the United States illegally will also be eligible. And traffic violations would not be considered a misdemeanor.

“It is a direct threat to the rule of law and to the demonstrated desire of the American people for a lawful system of immigration,” Sessions said. “I believe this administration has utilized this policy to basically undermine and negate the ability of the law officers to do what they have been hired and paid to do.”

Sessions told Fox News that according to his understanding of the implementation documents, illegal immigrants who are using stolen or fraudulent Social Security numbers in order to gain employment will not be charged with a crime.

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Obama Administration Announces Its Granting Amnesty To Countless Illegal Immigrants – Deportations To Stop

June 16, 2012

WASHINGTON, DC – The Obama administration announced Friday it will stop deporting illegal immigrants who come to the country at a young age.

The politically charged decision comes as Obama faces a tough reelection fight against Republican Mitt Romney, and Hispanic voters in swing states will play a crucial role in the contest.

The change in policy could allow as many as 800,000 immigrants who came to the United States illegally not only to remain in the country without fear of being deported, but to work legally, according to a senior administration official speaking to reporters Friday.

In a Rose Garden statement, President Obama said the measure would “lift the shadow of deportation” from immigrants, some of who have made “extraordinary contributions” by “serving in our military and protecting our freedom.”

“That we would treat them as expendable makes no sense,” Obama said.

“They study in our schools, play in our neighborhoods … they pledge allegiance to our flag, they are Americans in their hearts and minds … and in every single way but one: on paper.”

Obama was briefly interrupted by a reporter during his statement, a rare breach of protocol that caused the president to lose his temper.

“Excuse me sir, it’s not time for questions, sir, not while I’m speaking,” Obama said.

Later in his statement, Obama, pointing his finger at the reporter in front of the live TV cameras, said: “And the answer to your question, sir — and the next time I prefer you to let me finish by statements before you ask a question — is this is the right thing to do for the American people. I didn’t ask for an argument, I’m answering your question.”

The new policy will not grant citizenship to children who came to the United States as illegal immigrants, but will remove the threat of deportation and grant them the right to work in the United States.

According to the Department of Homeland Security, the policy change will apply to those who came to the United States before they were 16 and who are younger than 30 if they have lived here for five years, have no criminal history, graduated from a U.S. high school or served in the military.

A memo from DHS Secretary Janet Napolitano ordering the “prosecutorial discretion with respect to individuals who came to the United States as children” argued that those covered by the order “only know this country as home.” It said these people “lacked the intent to violate the law.”

The new policy will apply to individuals who are already in deportation proceedings, the memo said.

The policy change will accomplish portions of the Development, Relief, and Education for Alien Minors (DREAM) Act, legislation that has stalled in Congress amid Republican opposition.

More from The Hill:
♦ Sen. Graham says Obama’s move is ‘possibly illegal’
♦ EPA issues tougher rules on soot
♦ GOP lawmaker: Policy violates oath of office

Obama has a massive lead over presumptive GOP nominee Mitt Romney among Hispanic voters, but criticism from immigration activists over the administration’s deportation policies has intensified in recent weeks. Earlier this week a government report showed the administration’s attempt to cut back on deportations of law-abiding illegal immigrants has had little effect.

Hispanic voters could be key in the swing states of Florida, Virginia, Colorado and Nevada, and elsewhere.

“It’s a medium-risk, high-reward strategy,” said Democratic strategist Jamal Simmons. “I think you risk angering people who are upset about immigration, yes. But for a president who’s got to win Florida, Nevada, Colorado, it is definitely something that can give the Latino community something to rally around.”

A number of Republicans criticized the move, arguing it could be illegal.

“How can the administration justify allowing illegal immigrants to work in the U.S. when millions of Americans are unemployed?” said Rep. Lamar Smith (R-Texas), chairman of the House Judiciary Committee. “President Obama and his administration once again have put partisan politics and illegal immigrants ahead of the rule of law and the American people.”

Sen. Lindsey Graham (R-S.C.) said on Twitter that Obama’s action could be unlawful.

“President Obama’s attempt to go around Congress and the American people is at best unwise and possibly illegal,” Graham said in a Tweet.

“This type of policy proposal, regardless of motivation, will entice people to break our laws,” Graham said in another tweet.

Sen. Marco Rubio (R-Fla.) praised the policy but criticized Obama for going around Congress.

“Today’s announcement will be welcome news for many of these kids desperate for an answer, but it is a short term answer to a long term problem,” the Cuban American Rubio said in a statement. “And by once again ignoring the Constitution and going around Congress, this short term policy will make it harder to find a balanced and responsible long term one.”

Rubio, a possible vice presidential candidate, has been working on his own version of the DREAM Act but has yet to release any legislative language.

The change in policy comes eight months after the Obama administration set an annual record for deportations by removing nearly 400,000 people who were in the country illegally in fiscal 2011.

Of the 396,906 individuals removed, more than half — 216,698 — had been previously convicted of felonies or misdemeanors, which represents a 90 percent increase in the number of criminals deported over fiscal 2008, according to the numbers released by Immigration and Customs Enforcement last October.

A spokesman for Homeland Security said the department would continue to focus its enforcement resources on “the removal of individuals who pose a national security or public safety risk, including immigrants convicted of crimes, violent criminals, felons and repeat immigration-law offenders.”

“Today’s action further enhances the department’s ability to focus on these priority removals,” the spokesman said.

The National Immigration Law Center (NILC), an immigration reform advocacy group, lauded Obama’s announcement on Friday, saying it was evidence of his “true capacity to lead.”

The group then said it was time for Congress to pass the DREAM Act.

“President Obama is showing the nation his true capacity to lead by taking the bold and courageous step to remove the fear of deportation and provide dreamers with the legal means to contribute their full potential to society,” said Marielena Hincapié, the executive director for the group.

“This announcement provides real and much-needed relief now, but it is not enough. President Obama cannot provide these youth with the path to citizenship, which would allow DREAMers to participate in all sectors of civil society. We therefore renew our calls to Congress to pass the DREAM Act.”

NILC is one of the immigrant activist groups that had previously been critical of the administration’s immigration policy.

“We’ve been disappointed by the administration’s record pace of deportations, and DREAMers have been among those deported,” said Adela de la Torre, communications manager for the NILC, in an email to The Hill. “This is why today’s announcement is so important.”

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Homeland Insecurity: Federal Government Impliments Stealth Amnesty For Illegal Immigrants That Provides Path Around Legal Entry Wait And Rewards Those Who Are Here Or Came Here Illegally – Wetbacks Will Get “Unlawful Presence Waivers” If They Have A Relative Here

April 3, 2012

WASHINGTON, DC – In its quest to implement stealth amnesty, the Obama Administration is working behind the scenes to halt the deportation of certain illegal immigrants by granting them “unlawful presence waivers.”

The new measure would apply to illegal aliens who are relatives of American citizens. Here is how it would work, according to a Department of Homeland Security (DHS) announcement posted in today’s Federal Register, the daily journal of the U.S. government; the agency will grant “unlawful presence waivers” to illegal aliens who can prove they have a relative that’s a U.S. citizen.

Currently such aliens must return to their native country and request a waiver of inadmissibility in an existing overseas immigrant visa process. In other words, they must enter the U.S. legally as thousands of foreigners do on a yearly basis. Besides the obvious security issues, changing this would be like rewarding bad behavior in a child. It doesn’t make sense.

But the system often causes U.S. citizens to be separated for extended periods from their immediate relatives,” according to the DHS. The proposed changes, first announced in January, will significantly reduce the length of time U.S. citizens are separated from their loved ones while required to remain outside the United States during the current visa processing system.

The administration also claims that relaxing the rule will also “create efficiencies for both the U.S. government and most applicants.” How exactly is not listed in the Federal Register announcement, which gives the public 60 days to comment. That’s only a formality since the DHS has indicated that the change is pretty much a done deal.

This appears to be part of the Obama Administration’s bigger plan to blow off Congress by using its executive powers to grant illegal immigrants backdoor amnesty. The plan has been in the works for years and in 2010 Texas’s largest newspaper published an exposé about a then-secret DHS initiative that systematically cancelled pending deportations. The remarkable program stunned the legal profession and baffled immigration attorneys who said the government bounced their clients’ deportation even when expulsion was virtually guaranteed.

In late 2011 a mainstream newspaper obtained internal Homeland Security documents outlining “sweeping changes” in immigration enforcement that halt the deportation of illegal aliens with no criminal records. This also includes a nationwide “training program” to assure that enforcement agents and prosecuting attorneys don’t remove illegal immigrants who haven’t been convicted of crimes.

Judicial Watch has been a front runner in investigating the Obama Administration’s stealth amnesty program by pursuing DHS records concerning “deferred action” or “parole” to suspend removal proceedings against a particular group of individuals. Last spring JW sued DHS to obtain information because the agency ignored a federal public records request that dates back to July 2010.

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Department Of Homeland Security To Being Amnesty Hearings For Illegal Aliens

October 20, 2011

WASHINGTON, DC –  The Obama administration soon will begin its systematic review of the approximately 300,000 pending deportation cases, separating “high priority” cases involving criminals it wants to deport from “low priority” cases it will drop, Homeland Security Secretary Janet Napolitano told Congress Wednesday.

The effort marks another point in an evolution of immigration enforcement away from the worksite raids of the Bush administration and towards deportations of illegal immigrants in prisons and jails.

Napolitano said a group of Homeland Security and Justice Department officials will begin a small “pilot” review of immigration cases in “two or three” weeks, and hopes to rapidly expand its efforts.

Under the policy announced last year, federal immigration officials will place the highest priority on deporting illegal immigrants who pose a danger to public safety and national security, while “administratively closing” other cases, taking into consideration a list of factors. Those factors include the person’s length of time in the United States, whether the immigrant arrived as a child, served in the military and has a spouse, child or parent who is a U.S. citizen.

DHS officials say the new policy, which gives immigration officials “prosecutorial discretion,” is similar to policies of previous administrations, and is a “common sense” approach to immigration enforcement.

But critics have blasted the policy, say that by “administratively closing” cases, the Obama administration is giving “amnesty” to illegal immigrants.

The policy is “alarming, especially for those of us who firmly believe in the rule of law,” Sen. Charles Grassley, R-Iowa, said Wednesday.

Grassley said much is unknown about the policy, including whether illegal immigrants with criminal convictions will be eligible to stay in the country, and what will happen to undocumented immigrants whose cases are closed.

“We want answers. We want transparency and accountability. We want to be part of the process,” Grassley said.

In a recent speech, Napolitano said critics ignore the fact the number of deportations has increased during the Obama administration, and that the composition of that number has “fundamentally changed.” The ranks of deported people “consist of more convicted criminals, recent border crossers, egregious immigration law violators and immigration fugitives than ever before,” she said.

Of the 396,906 individuals removed from the U.S. in fiscal 2011, nearly 55 percent had been convicted of felonies or misdemeanors. That’s an 89 percent increase of criminals from three years ago, DHS said.

Napolitano said DHS has eliminated worksite raids, saying they “did nothing to enhance public safety.” Instead, the Obama administration has focused on prosecuting employers who violate employment laws, she said.

Napolitano said the department’s focus on criminal illegal immigrants is better than “the ad hoc approach where non-criminal aliens are more likely to be removed than criminals.”

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AMNESTY: DEPARTMENT OF HOMELAND INSECURITY STOPS DEPORTING WETBACKS!

August 18, 2011

WASHINGTON, DC – The Homeland Security Department said Thursday it will halt deportation proceedings on a case-by-case basis against illegal immigrants who meet certain criteria such as attending school, having family in the military or are primarily responsible for other family members’ care.

The move, announced in letters to Congress, won immediate praise from Hispanic activists and Democrats who had chided President Obama for months for the pace of deportations and had argued he had authority to exempt broad swaths of illegal immigrants from deportation.

“Today’s announcement shows that this president is willing to put muscle behind his words and to use his power to intervene when the lives of good people are being ruined by bad laws,” said Rep. Luis V. Gutierrez, Illinois Democrat.

In the letters to Congress, Homeland Security Secretary Janet Napolitano said her department and the Justice Department will review all ongoing cases and see who meets the new criteria on a case-by-case basis.

“This case-by-case approach will enhance public safety,” she said. “Immigration judges will be able to more swiftly adjudicate high priority cases, such as those involving convicted felons.”

The new rules apply to those who have been apprehended and are in deportation proceedings, but have not been officially ordered out of the country by a judge. Miss Napolitano said a working group will try to come up with “guidance on how to provide for appropriate discretionary consideration” for “compelling cases” in those instances where someone has already been ordered deported.

It was unclear how many people might be affected by the new rules, though in fiscal year 2010 the government deported nearly 200,000 illegal immigrants who it said did not have criminal records.

The Obama administration has argued for months that it did not have authority to grant blanket absolution, and Miss Napolitano stressed that these cases will be treated individually, though the new guidance applies across the board.

In June, U.S. Immigration and Customs Enforcement, the agency that handles interior immigration law enforcement, issued new guidance expanding authority to decline to prosecute illegal immigrants. The goal, ICE leaders said, was to focus on their priority of catching illegal immigrants who have also committed other crimes or are part of gangs.

The chief beneficiaries of the new guidance are likely to be illegal immigrant students who would have been eligible for legal status under the Dream Act, which stalled in Congress last year.

“Today is a victory not just for immigrants but for the American people as a whole because it makes no sense to deport Dream Act students and others who can make great contributions to America and pose no threat,” Mr. Gutierrez said. “It is not in our national interest to send away young people who were raised in the U.S. and have been educated here and want only to contribute to this country’s success. “

Senate Majority Leader Harry Reid, a Nevada Democrat who earlier this year wrote asking Homeland Security to exempt illegal immigrant students from deportation, said the move will free up immigration courts to handle cases involving serious criminals.

Both men said, though, that they will continue to push for legislation that would grant a path to citizenship to illegal immigrants and expands new pathways for more immigrants to come legally in the future.

But groups pushing for a crackdown on illegal immigration said the administration’s move abused the Constitution by usurping a power Congress should have.

“Supporters of comprehensive and targeted amnesties for illegal aliens have consistently failed to win approval by Congress or gain support from the American public,” said Dan Stein, president of the Federation for American Immigration Reform. “Having failed in the legislative process, the Obama administration has simply decided to usurp Congress’s constitutional authority and implement an amnesty program for millions of illegal aliens.”

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Hispanic Rhode Island Congressmen Luis V. Gutierrez Proposes “Parole-In-Place” (Amnesty) For Illegal Alien Invaders

April 4, 2011

PROVIDENCE, RHODE ISLAND – On Saturday, at an event in providence, Rhode Island, Rep. Luis V. Gutierrez (D-IL) gave a speech to a crowd of hundreds of legal immigrants and illegal aliens in which he criticized the federal government over deportations.

The event was one in a series which Gutierrez has planned across the country to gather stories on how deportation are affecting illegal aliens, in an attempt to convince President Obama to limit removals to only those illegal aliens convicted of serious crimes.

The U.S. Congressman spoke to the group gathered at Oliver Hazard Perry Middle School almost entirely in Spanish.

With the DREAM Act defeated…Yet again, Gutierrez proposed amnesty by another name, this time something he calls a “parole-in-place” program which would allow illegal aliens who had their children in the U.S. to stay here with them. Under the Congressman’s proposal, illegal alien spouses of citizens would also qualify for the program.

Gutierrez told reporters that he plans to deliver written messages from illegal aliens to Obama to convince him to “use the discretion the law already confers on him” to establish a “parole-in-place” program.

Gutierrez also used the occasion to criticize the E-Verify and Secure Communities initiatives.

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Department Of Homeland Security Giving Up On Thousands Of Immigration Deportations – Back Door Amnesty For Illegals

August 25, 2010

WASHINGTON, DC – 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.

Raed Gonzalez, an immigration attorney who was briefed on the effort by Homeland Security’s deputy chief counsel in Houston, said DHS confirmed that it’s reviewing cases nationwide, though not yet to the pace of the local office. He said the others are expected to follow suit soon.

Gonzalez, the liaison between the Executive Office for Immigration Review, which administers the immigration court system, and the American Immigration Lawyers Association, said DHS now has five attorneys assigned full time to reviewing all active cases in Houston’s immigration court.

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.
Massive backlog of cases

Opponents of illegal immigration were critical of the dismissals.

“They’ve made clear that they have no interest in enforcing immigration laws against people who are not convicted criminals,” said Mark Krikorian, executive director of the Center for Immigration Studies, which advocates for strict controls.

“This situation is just another side effect of President Obama’s failure to deliver on his campaign promise to make immigration reform a priority in his first year,” said U.S. Sen. John Cornyn, R-Texas. “Until he does, state and local authorities are left with no choice but to pick up the slack for prosecuting and detaining criminal aliens.”

Gonzalez called the dismissals a necessary step in unclogging a massive backlog in the immigration court system. In June, there were more than 248,000 cases pending in immigration courts across the country, including about 23,000 in Texas, according to data compiled by researchers at Syracuse University.
‘Absolutely fantastic’

Gonzalez said he went into immigration court downtown on Monday and was given a court date in October 2011 for one client. But, he said, the government’s attorney requested the dismissal of that case and those of two more of his clients, and the cases were dispatched by the judge.

The court “was terminating all of the cases that came up,” Gonzalez said. “It was absolutely fantastic.”

“We’re all calling each other saying, ‘Can you believe this?’ ” said John Nechman, another Houston immigration attorney, who had two cases dismissed.

Attorney Elizabeth Mendoza Macias, who has practiced in Houston for 17 years, said she had cases for several clients dismissed during the past month and eventually called DHS to find out what was going on. She said she was told by a DHS trial attorney that 2,500 cases were under review in Houston.

“I had five (dismissed) in one week, and two more that I just received,” Mendoza said. “And I am expecting many more, many more, in the next month.”

Her clients, all previously charged with being in the country illegally, included:

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.
Memo outlines priorities

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.’ ”

In a June 30 memo, ICE Assistant Secretary John Morton outlined the agency’s priorities, saying it had the capacity to remove about 400,000 illegal immigrants annually — about 4 percent of the estimated illegal immigrant population in the country. The memo outlines priorities for the detention and removal system, putting criminals and threats to national security at the top of the list.
Up to 17,000 cases

On Tuesday, ICE officials provided a copy of a new policy memo from Morton dated Aug. 20 that instructs government attorneys to review the court cases of people with pending applications to adjust status based on their relation to a U.S. citizen. Morton estimates in the memo that the effort could affect up to 17,000 cases.

Tre Rebsock, the ICE union representative in Houston, said even if the efforts involve only a fraction of the pending immigration cases, “that’s going to make our officers feel even more powerless to enforce the laws.”

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