Thursday, June 24, 2010

Time to phone on sneak amnesty plot‏

An interesting post from www.NumbersUSA.com about an Executive Order Amnesty! This follows this post about even More immigrants coming to America, this time from Iraq and this post about the MURDER of ROBERT KRENTZ, who the protestors and boycotters won't give a solution for, but will call Americans racist for trying to prevent another MURDER, and this post which shows that there are 30,000 openly illegal immigrants in the border town of El Paso across from the recent Juarez shooting. For more interesting stories like this click here to follow this blog.



WE NEED YOUR PHONE HELP NOW TO STOP DE FACTO AMNESTY THAT BY-PASSES CONGRESS
Thanks to all of you who have sent more than 200,000 faxes into Congress and the White House about this threat since Tuesday! If you haven't sent all of your faxes yet, please go to your customized Action Board now.
TAKE ACTION: Congressional offices and the White House need to start having their phones ring off the hooks. Click here for your PHONE ACTION NOTE that includes the phone numbers and names of your 3 Members of Congress -- and it has your easy talking points. If you have never phoned before, take it from thousands who have gone before you and made their first NumbersUSA call that it really is pretty easy and non-threatening. Look at the talking points and then call. You should get off the phone quickly. You just want the staffers to mark you down as another citizen concerned about a de facto amnesty given by the Administration without a congressional vote.
UPDATE & BACKGROUND Be sure to read the Fox News story that has a lot of quotes from Rosemary Jenks, Director of Government Relations for NumbersUSA. And don't wait for emails from me to stay up to date on this developing story. Please come back to the NumbersUSA home page each day for our latest information on the battle to stop a backdoor bureaucratic de facto amnesty. In my alert that broke the news of the de facto amnesty plot on Tuesday, I erred in implying that this amnesty might happen by an executive order by the President. This amnesty could go in place just by federal bureaucrats taking an action that the President just lets happen. He would merely have to give his quiet consent to DHS Sec. Napolitano massively abusing one or both of two powers she already has:
1) parole authority
2) prosecutorial discretion to grant "deferred action".
These are intended to be used in individual cases, not as a blanket amnesty to cover millions. But we have received information from both Democratic and Republican offices that they have been told from people inside the Department of Homeland Security that "parole" and "deferred action" are being looked at as a way to get around the fact that Congress is not going to vote for an amnesty this year. Below is what our staff tells me:
Parole The Immigration and Nationality Act (section Section 212(d)(5)) says that the Secretary may "in his discretion parole into the United States temporarily under such conditions as he may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit any alien applying for admission to the United States, but such parole of such alien shall not be regarded as an admission of the alien and when the purposes of such parole shall, in the opinion of the [Secretary>, have been served the alien shall forthwith return or be returned to the custody from wh ich he was paroled and thereafter his case shall continue to be dealt with in the same manner as that of any other applicant for admission to the United States." Those granted parole--parolees--are entitled to work authorization by regulation (8 CFR 274a.12(c)(11)). Deferred Action This is a phrase that was made up as part of the Homeland Security Secretary's prosecutorial discretion (a standard law enforcement tool, so not laid out in law). It is described as follows by USCIS: "Deferred action is an exercise of prosecutorial discretion not to pursue removal from the United States of a particular foreigner for a specific period. "Deferred action is not intended to be a permanent remedy for this situation; rather it is a temporary discretionary solution. The grant of deferred action by USCIS does not confer or alter any immigration status. It does not affect any period of prior unlawful presence. The grant of deferred action does not convey or imply any waivers of inadmissibility that may exist, regardless of whether or not that inadmissibility is known to DHS at the time of the request for deferred action. "Likewise, deferred action cannot be used to establish eligibility for any immigration benefit that requires maintenance of lawful status. Periods of time in deferred action do, however, qualify as periods of stay authorized by the Secretary for purposes of sections 212(a)(9)(B) and (C) of the Immigration and Nationality Act [INA>. Aliens with deferred action may apply for an Employment Authorization Document (EAD) if they can establish an economic necessity for employment. "Aliens granted deferred action are permitted to apply for work authorization by regulation, as well (8 CFR 274a.12(c)(14))." Bottom Line We should be petitioning both Obama and Napolitano to abandon any plans to usurp Congress' Constitutional authority over immigration by abusing the Secretary's restricted parole and prosecutorial discretion authority to accomplish an amnesty for illegal aliens. As the President and the Democratic Leadership of Congress well know, they do not have sufficient votes in Congress to pass an amnesty because there is overwhelming opposition to amnesty among the American people--the voters. Rather than abusing their authority to bypass Congressional (and public) opposition, the President and Secretary Napolitano should be doing the jobs they swore to do when they took office: faithfully execute the laws that have been duly passed by Congress. Even though Parole or Deferred Action don't give permanent residency and permanent work permits, they create temporary situations that can mimic a full amnesty and make it much more unlikely that the government will ever expect these illegal aliens to leave in the future. And even though there may be strong opportunity to overturn in federal court the massive use of Parole and Deferred Action, millions of illegal aliens very well might have free run of the country for the years it could take to get the court decision. Much better to persuade Members of Congress now to tell the White House it doesn't want to see any of this come to pass.
THANKS FOR MAKING THE PHONE CALLS,

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