By Federale
05/16/2022
VDARE.com’s A. W. Morgan brought attention to the recent expansion of the Biden Regime Administrative Amnesty for Criminal Aliens, a worthy successor to the criminal alien amnesty from the Obama Regime. This time the administrative amnesty reached out to include aliens deportable for both criminal convictions and for mental illness, simply stunning in its audacity and illegality [Garland Joins Mayorkas In Blocking Deportation Of Illegal-Alien Criminals, May 12, 2022].
However, what escaped Morgan was that criminal aliens are prohibited from immigrating to the United States or adjusting status in the United States without a waiver approved by the Department of Homeland Security (DHS), and that the basis for Attorney General (AG) Merrick Garland’s action is without foundation in law, as the AG cannot adjudicate a waiver, nor can an Immigration Judge. A waiver is a discretionary act by the DHS Secretary, or his designate in DHS, only. The AG has great power in the administration of immigration law, but the AG cannot create new categories of immigration, and the AG cannot create new waivers of inadmissibility for aliens who are, well, inadmissible, or adjudicate a waiver of grounds of inadmissibility. Creating new avenues of immigration or new waivers is within the sole jurisdiction of Congress through appropriate legislation.
Moreover, the basis for Garland’s fictional waiver of grounds of inadmissibility for criminal aliens, a mental illness or defect, is itself an additional exclusion charge applicable to both intended immigrants and non-immigrants, criminals or not.
From the Immigration and Nationality Act:
(a) Classes of aliens ineligible for visas or admission(1) Health-related grounds
(A) In general
Any alien-(iii) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services in consultation with the Attorney General)-(I) to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or
(II) to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior…is inadmissible.
Title 8 United States Code Section 1182, Inadmissible Aliens
Such chutzpah is, frankly, stunning. Here we have the Attorney General creating a new avenue of immigration for aliens who are subject to not one, but two statutory exclusion charges that prohibit the alien from entering the United States, much less obtaining lawful permanent residence. With a stroke of the pen the AG eviscerated the Immigration and Nationality Act. Such is a height of lawlessness.
At the same time AG Garland is engaging in mass persecution of thousands of Americans who attended a Mostly Peaceful Rally and demonstration against a stolen national presidential election. But anything, any lawlessness, is justified in the election of a new people.
Our rulers have more concern for dangerous mentally ill criminal aliens than our people. Will impeachment be enough?
This is a content archive of VDARE.com, which Letitia James forced off of the Internet using lawfare.