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Corruption Chronicles
Washington, DC January 22, 2013 The Judicial Watch Blog

DHS To Grant Illegal Aliens “Unlawful Presence Waivers”

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.

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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.

Readers Comments (145)

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  • gloriaallmouth Tue, 04/03/2012 - 2:06PM

    “[T]his would be like rewarding bad behavior in a child.” As Rocky Balboa would say, “Absolutely.” Rewarding bad behavior encourages more bad behavior, doesn’t it?

    Next step will be to load them on buses and take them to register to vote.

  • ktzyaa Tue, 04/03/2012 - 2:04PM

    Your day of reckoning is a few months away. The courts will be on overtime after the election.

  • joeychittwood Tue, 04/03/2012 - 1:58PM

    So, if you can prove you’re related to a registered voter, Obama will…. in all his benevolence… grant you amnesty?
    Wow!

  • Charles Miller Tue, 04/03/2012 - 1:55PM

    So maybe next the DOJ can start handing out “unlawful action waivers” to persons who have committed a crime, but can show that they have relatives in Chicago?

  • fwatt Tue, 04/03/2012 - 1:54PM

    Very misleading article. These waivers have been around for years and are requested using form I-601. They are very difficult to get. They are used when people leave the united states and then try to reenter legally. Lets say you were present illegally and married a US citizen. You would have to leave the US to process your paper work. Once you were overseas you would file the I 601. INS is extremely disorganized in overseas locations and so the waiver can take 1-2 years to process. All the new regulation does is to allow the waiver to be filed here in the US. The alien must still go overseas to process the paperwork and it does nothing to legalize them while waiting. It simply streamlines the process to allow INS to handle the waiver requests here rather than overseas.

  • Thaddeus S. Kaczor Jr. Tue, 04/03/2012 - 1:49PM

    Doesn’t this make Janet Napolitano, Eric Holder and Barack Obama parties to a conspiracy to commit a felony? After all, a ‘waiver’ does not take away from the fact that thee people are violating the law! Not only that, but this violates the Separation of Powers Clause in the US Constitution by the Executive Branch enacting laws that have not been duly passed by Congress! But then again, this is ‘The Chicago Way’. If you ain’t cheatin’, you ain’t playin!’

  • David Rodden Tue, 04/03/2012 - 1:46PM

    Military Coup…This has to stop…

  • Ann Chovie Tue, 04/03/2012 - 1:18PM

    And who are you going to vote for Paula? A Rethuglican? They’re just as corrupt as the Dems.

    And now we have these GOP defectors to the Tea Party who are nothing but frauds. It’s the same people,
    they just put a different hat on and tell us they will make changes to make you vote for them.

    The system is broke. We have corruption from the top-down throughout our government, in every agency,
    at the Federal, State and Local levels.

    Follow the money, and you will find corruption. From government contractors who collude to drive up
    costs, to out of control tyrants who don’t understand a balance sheet.

    Nope the only way to end the rape of America is to limit the size of government and the kickbacks that these
    cons called politicians get from corporations and PAC’s. But I guarantee you that you won’t find one politician
    who would vote to eliminate these sources of funding.

    Romney is just Obama in vanilla instead of chocolate. There’s no difference.

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