By Federale
06/16/2024
The next illegal Biden Regime Administrative Amnesty will be announced next week, but has already been in the news. Shocking details are coming out, including even more flagrant defiance of the immigration laws of the United States.
The Biden Regime is planning to reward aliens who entered the United States illegally, that is, Enter Without Inspection (EWI), with the opportunity to adjust their status in the United States. The Immigration and Nationality Act, as amended, clearly states that an alien who EWIs is prohibited from adjusting status in the United States and is subject to three-year, 10-year, and permanent bars to entering, except with a waiver based on extreme hardship to a U.S. citizen or Lawful Permanent Resident (LPR) spouse or parent.
(B) Aliens unlawfully present
(i) In general, Any alien (other than an alien lawfully admitted for permanent residence) who-(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 1254a(e) 3 of this title) prior to the commencement of proceedings under section 1225(b)(1) of this title or section 1229a of this title, and again seeks admission within 3 years of the date of such alien’s departure or removal, or(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien’s departure or removal from the United States…
(v) Waiver
The Attorney General has sole discretion to waive clause (i) in the case of an immigrant who is the spouse or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien. No court shall have jurisdiction to review a decision or action by the Attorney General regarding a waiver under this clause.
8 USC 1182: Inadmissible Aliens, unattributed, U.S. Code, undated
Because the legal standard for the waiver is so high, few illegal aliens can reach the legal standard of extreme hardship. Because of that impediment to giving green cards to illegal aliens, the Biden Regime is planning to just ignore the law.
The proposal, known as “Parole in Place,” would also open up a pathway to permanent legal status and U.S. citizenship for some beneficiaries by removing an obstacle in U.S. law that prevents those who entered the U.S. illegally from obtaining green cards without leaving the country.
Another plan being prepared by the Biden administration would streamline the process for so-called DREAMers and other undocumented immigrants to request waivers that would make it easier for them to obtain temporary visas, such as H-1B visas for high-skilled workers, the sources said.
Biden Preparing To Offer Legal Status To Undocumented Immigrants Who Have Lived In U.S. For 10 Years, by Camilo Montoya-Galvez, CBS News, June 14, 2024
There are two different sets of benefits that two groups of illegal aliens are seeking. One group is seeking an immigrant visa (IV) based on marriage to a U.S. citizen, and the other group is seeking a Non-Immigrant Visa (NIV) that would give some sort of status in the United States.
The problem is that such aliens who EWI as above are subject to bars to admission under any status, as immigrants or non-immigrants, and therefore have no legal options but to leave, apply for an IV or NIV, and apply additionally for a waiver of the grounds of inadmissibility, the previous illegal presence in the United States. Since the waiver is so difficult to obtain, illegal aliens don’t often try this, as there’s a possibility they may not get back in. Additional waivers exist, so some concoct a story about domestic abuse or claim asylum.
Unfortunately, U.S. Citizenship and Immigration Services (USCIS) hands out waivers like candy, being decidedly unconcerned about fraud regarding extreme hardship or domestic abuse, but many aliens do not want to risk even that. Most just remain in the United States waiting for the next amnesty.
And that amnesty is here. The Biden Regime appears to be planning to just ignore the high waiver standard, the statutory prohibition on admissibility, and the three, 10, and permanent bars to admission. How they will do this is uncertain, as even if these aliens are paroled, the bar remains because they have more than one year of illegal presence.
The open borders ethnic lobby describes the law as an obstacle to be removed, but does not let on that the President cannot modify or “remove” parts of the law.
Proposal, "Parole in Place," would open up pathway to permanent legal status & U.S. citizenship for some beneficiaries by removing obstacle in U.S. law that prevents those who entered US illegally from obtaining green cards without leaving US#Immigrationhttps://t.co/R5iFkL3tXK
— Anna Núñez (@nunez_anna) June 14, 2024
The Law Is Just an Obstacle to Be Removed by Presidential Decree
This was attempted before with the Deferred Action for Childhood Arrivals (DACA) and the Deferred Action for Parents of Americans (DAPA), with both being declared illegal and unconstitutional, multiple times. It is doubtful if this will last, given the flagrant illegality, though I expect the next Trump Administration to fumble this somehow.
This is a content archive of VDARE.com, which Letitia James forced off of the Internet using lawfare.