Leaked Memo Shows Ways Obama Admin Looking To Circumvent DAPA Injunction

by William Teach | November 3, 2015 7:19 am

If you’re a law abiding US citizen using your Constitutional rights in forming a Conservative group, you’ll be attacked by the IRS. If you’re an illegal alien, you’ll be rewarded by the Obama administration. When a judge says “stop”, you’ll look for ways around the injunction to help out those illegals

(The Hill[1]) A newly leaked internal DHS memorandum produced for an off-the-record agency conclave reveals that the Obama administration is actively planning to circumvent a federal court injunction that suspended part of last November’s deferral-based amnesty initiative. The document[2], apparently prepared as follow-up from a DHS “Regulations Retreat” last summer, appears sure to re-ignite concerns in Congress as well as federal judges in the Fifth Circuit. The Administration has already been criticized from the bench for handing out work permits to hundreds of thousands of deferred action beneficiaries, in direct violation of a district court’s order. With the Fifth Circuit Court of Appeals deciding any day now whether to deny the Administration’s request to reverse that injunction, this public leak has come at a critical juncture for U.S. enforcement policy.

Last June, four months after Texas federal judge Andrew Hanen’s order to freeze President’s DAPA and Expanded DACA programs—disclosure: the Immigration Reform Law Institute[3] has filed briefs in these cases—DHS’s immigration policy makers apparently held a “Regulations Retreat” to discuss “different options” for “open market Employment Authorization Document (EAD) regulatory changes.” EAD is the statutory term for work permits. From a memo recording these discussions, we now know that the Obama DHS has, rather than pausing to allow the courts to assess the constitutionality of its enforcement nullification initiatives, been gearing up to roll out one or more of four plans drawn up at the meeting, each one designed to provide EADs to millions of nonimmigrants, including those lawfully present and visa overstayers, crippling the actual employment-based visa system on the federal statute-book.

The internal memo reveals four options of varying expansiveness, with option 1 providing EADs to “all individuals living in the United States”, including illegal aliens, visa-overstayers, and H-1B guest-workers, while option 4 provides EADsonly to those on certain unexpired non-immigrant visas. Giving EADs to any of the covered individuals, however, is in direct violation of Congress’s Immigration & Nationality Act and works to dramatically subvert our carefully wrought visa system.

I’m putting my money down on the judge being very upset over this memo. He’s already smacked the Obama administration around for circumventing his legal rulings.

Bottom line: The memo foreshadows more tactical offensives in a giant administrative amnesty for all 12 million illegal aliens who’ve broken our immigration laws (and many other laws[4]) that will emerge before the next inaugural in January 2016. According to the authors, one negative factor for granting EADs to illegal aliens, visa-overstayers, etc., is that they’ll still “face difficulties in pursuing permanent residence due to ineligibility or being subject to unlawful presence inadmissibility for which a waiver is required.” This is in reference to the reality that an EAD isn’t a green card and that eventually the EAD-beneficiaries are supposed to apply to ‘adjust their status,’ which cannot be done without showing evidence of lawful status. But this might change, they write. The DHS “macro-level policy goal”, we’re told, is to assist individuals to stay “until they are ready and able to become immigrants.” This would seem to say that DHS, the largest federal law enforcement agency in the nation, is banking on awarding those who’ve broken our laws and violated our national sovereignty.

According to BLS[5], there are 7.9 million Americans who are unemployed. This metric doesn’t cover those who have given up in despair at finding a job. All these illegals interfere with them getting a job. These are people who should not be in the United States. They either jumped the border or overstayed their VISAs. America is a generous nation, and we could certainly make an exception for some of the illegals, ones who have learned English, haven’t broken any major laws, want to be a part of America, and are willing to pay a fine, then pay the fees to become citizens the right way. Yes, we do give people 2nd chances. It’s part of our makeup (unless you are a conservative and/or climate change Skeptic, then liberals want to put you in jail for your beliefs). Most, though, need to go home.

This is a big reason why Republicans need to win the White House with a candidate that will rescind this type of Obama executive order.

Crossed at Pirate’s Cove[6]. Follow me on Twitter @WilliamTeach[7].

Endnotes:
  1. The Hill: http://thehill.com/blogs/congress-blog/the-administration/258689-leaked-dhs-memo-shows-obama-might-circumvent-dapa
  2. document: http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/3096564-uscis-internal-memo-about-ead-for-i140-from-june-2015-a.html
  3. Immigration Reform Law Institute: http://irli.org/
  4. many other laws: http://cis.org/myth-law-abiding-illegal-alien
  5. BLS: http://www.bls.gov/news.release/empsit.nr0.htm
  6. Pirate’s Cove: http://www.thepiratescove.us/
  7. @WilliamTeach: http://twitter.com/WilliamTeach

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