Policy Memo Provides Glimpse of How Administration will Carry-Out Its Backdoor Amnesty

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In August, the Obama Administration announced it would begin reviewing all pending deportation cases and closing those it determines does not fit within its “priorities.” Many have described this policy shift as “administrative amnesty” for millions of illegal aliens, but, until now, the Administration has provided scant information about how it plans to go about implementing its amnesty plan.

Some of the details began to be sketched in on Nov. 7 when the U.S. Citizenship and Immigration Services agency (USCIS) issued a policy memo to assist Immigration and Customs Enforcement (ICE) in implementing the Morton memos and establishing the new interagency working group. The USCIS memo asserts new guidelines for issuing Notices to Appear (NTAs) to initiate removal proceedings against an alien, and for referring cases to ICE. It was issued to “ensure that [USCIS’s] issuance of NTAs fits within and supports the Government’s overall removal priorities….” (USCIS Policy Memo, pg. 1)

The policy memo identifies instances in which USCIS personnel can unilaterally issue NTAs, such as when the agency denies petitions to remove conditional status for aliens who had obtained legal status through marriage, or when the agency terminates an alien’s refugee status. However, for the vast majority of other circumstances where issuing an NTA would be considered, the memo provides that the USCIS must refer the case to ICE to make a decision. For example, the memo categorizes certain criminal offenses as either “Egregious Public Safety Cases” or “Non-Egregious Public Safety Criminal Cases.” All egregious public safety cases (and non-egregious cases where the alien is inadmissible or removable) must be referred to ICE for action. Following referral of a case, ICE will “decide if, when, and how to issue an NTA and/or detain the alien,” effectively forcing control out of USCIS’ hands. At that point, USCIS is powerless to issue an NTA if ICE chooses not to.

Based on the policy guidelines laid out in the Morton memos, ICE is now where deportation cases go to die. The practical effect of the Nov. 7th memo is to remove as much authority as possible from USCIS personnel to initiate removals, even when in their professional judgment, removal is warranted.

The memo demonstrates not only the Obama Administration’s unrelenting commitment to implementing executive amnesty, but also its strong-arming of all three of the agencies within the Department of Homeland Security to ensure compliance with its agenda. By refusing to issue NTAs to criminal aliens who do not meet the Administration’s “priorities,” the president shows a complete disregard for the rule of law and jeopardizes the safety of Americans.

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Content written by former Federation for American Immigration Reform staff.

16 Comments

  1. avatar

    THE FUNDING OF RADICAL LA RAZA SUPREMACY – Your Tax Dollars At Work?

    THE FUNDING OF LA RAZA SUPREMACY

    THE TAX PAYERS OF THE UNITED STATES FORCED TO FUND THE MEXICAN FASCIST PARTY of LA RAZA “THE RACE”!
    *
    http://mexicanoccupation.blogspot.com/2011/11/la-raza-american-tax-payer-funded.html

    *
    “THE AMNESTY ALONE WILL BE THE LARGEST EXPANSION OF THE WELFARE SYSTEM IN THE LAST 25 YEARS” Heritage Foundation

    “The amnesty alone will be the largest expansion of the welfare system in the last 25 years,” says Robert Rector, a senior analyst at the Heritage Foundation, and a witness at a House Judiciary Committee field hearing in San Diego Aug. 2. “Welfare costs will begin to hit their peak around 2021, because there are delays in citizenship. The very narrow time horizon [the CBO is] using is misleading,” he adds. “If even a small fraction of those who come into the country stay and get on Medicaid, you’re looking at costs of $20 billion or $30 billion per year.”
    *
    LA RAZA DEM RUBEN HINOJOSA – EXPANDING LA RAZA SUPREMACY

    *
    Your Tax Dollars To Fund Illegal Immigration

    United States Representative Ruben Hinojosa from Texas has introduced a bill that will fund the pro-illegal immigration group: The National Council of La Raza (NCLR). This bill, the Hope Fund Act of 2007 (H.R. 1999) would appropriate $5 million to NCLR in 2008 and $10 million each year thereafter.

    The Dark Side of Illegal Immigration”

    AMERICAN TAXPAYERS BEING FORCED TO SUPPORT LATINO NAZI PARTY
    By Dave Gibson (09/17/2006)
    HOW MANY MILLIONS OF DOLLARS PAID OVER TO LA RAZA TO EXPAND THE MEX INVASION SINCE THIS ARTICLE WAS PUBLISHED?
    http://americandaily.com/article/15577

  2. avatar

    SPOTLIGHT ON LA RAZA BILL RICHARDSON and handing driver’s licenses to LA RAZA in New Mexico

    WHEN OBAMA BECAME PRESIDENT HE IMMEDIATELY STARTED BUILDING HIS LA RAZA ADMINISTRATION. THE FORMER GOVERNOR OF NEW MEXICO, BILL RICHARDSON IS A LA RAZA SUPREMACIST THAT OBAMA VERY MUCH WANTED IN HIS ADMINISTRATION HOLDING A CABINET POSITION. FORTUNATELY FOR US RICHARDSON HAD SO MUCH CORRUPTION SURROUNDING HIM THAT EVEN THE VERY CRONY CORRUPT OBAMA COULDN’T TAKE HIM ON.
    *

    http://mexicanoccupation.blogspot.com/2011/11/drivers-licenses-for-la-raza-spotlight.html

    *

    ILLEGAL ALIEN DRIVER’S LICENSES IN THE LAND OF ENCHANTMENT

    By Allan Wall
    November 24, 2011
    NewsWithViews.com
    “DON’T LET NEW MEXICO BE THE NEXT ARIZONA – STOP GOVERNOR MARTINEZ” is the headline on a “Send a Message” action page, on the website called “America’s Voice.”
    Emblazoned on the page is a photo of New Mexico Governor Susana Martinez, who has run afoul of the Open Borders lobby for attempting to – can you believe this? – deny driver’s licenses to illegal aliens.
    Why should this even be controversial? Why do both sides in the illegal immigration dispute regard driver’s licenses as important?
    In the U.S.A., a driver’s license is an important piece of identification. More than simply a permission to operate a motor vehicle, the driver’s license is our major form of identification in daily life. American citizens are often asked to show ID, and the ID they usually present is the driver’s license. People use them to cash checks, to prove their age, and to vote.

  3. avatar

    Reply to Walt of Florida: All of what you say is true, however, the Presidents you mentioned
    were not in the pocket of one George Soros.

  4. avatar
    Matthew John Pohl on

    Anyone who can be identified as an illegal alien should be deported on the spot. **** in there, Matt

  5. avatar

    I am so tired of public officials playing politics with the well being of my self, my family and this country. No other country goes to these lenghts to allow illegal immigrants to remain in a country they entered illegally. Votes come at a very high price..the American people are the ones paying that price…I know it did not start right now, but when exactly did politicians and big labor stop putting the interest of Amricans first. I would like to know the year..I know it has been going on for a long time. It is only because we finally bancrupted ourselves due to the overload..more people than jobs..more people in the system not paying into the system. More people draining us dry and for what a few votes to help you keep doing what you’ve been doing which has brought us to where we are today. I do not blam the illegals as much as I do our government and big labor. Because of your greed you have greatly influenced in a negative way the standard of living for each American citizen.. Jobs..education..medica alnd social services have suffered greatly due to the overload of illegals…thanks again to government and big labor and business

    • avatar

      I am so afraid for us all.and so dissapointed……Dems and Obama are so adamant that we give the 10, 20, 30 million of these illegals and their relatives who have infiltrated our country Amnesty so that the Hispanics will be America and we native will be SOL. Plan working so far….We give ta dollars to the ACLU and they fight for these illegals. Drug Cartels are already well entrenched into our society and forests forcing the illegals into the illicit drug business and stealing our Social Security numbers so the country is pretty well in the hands of Mexicans. They have so much power that they own many of our congressmen and senators and are in their pockets and have the Dems and President smoozed so do we have a chance? Looks like they are all beholden to Mexico and it all seems so suspicious to me. Republicans running for President are so dumb they will never get elected and they are for only the rich of this country anyway so what chance do we middle folks have. We are SOL..

  6. avatar

    SHOULD WE MOVE TO MEXICO, OR SHOULD MEXICO STOP EXPORTING POVERTY AND CRIMINALS?

    http://mexicanoccupation.blogspot.com/2011/11/mexicos-biggest-exports-other-than.html

    When an illegal from Central America hop the border into Mexico they are captured and beaten. Mexico does not allow illegals into narcomex. If an employer in Mexico hires an illegal, they are fined or put in jail.
    In Los Angeles 47% of those employed are illegals using stolen social security numbers. The County of Los Angeles pays out $50 million per month in welfare to illegals. There are 500 – 1,000 murders every year committed by Mexican gangs in Los Angeles alone. More than the entire Euro Union!
    At the Santee Educational Complex- high school the overwhelmingly Mexican, and racist student body are taught in Spanish only. Their books are in Spanish. Their handouts are in Spanish. They sit on their *** when the national anthem if played and end school assemblies with VIVA MEXICO! VIVA MEXICO! But they’re not so viva they plan to return back to Mexico! The Mexican welfare system set up by the La Raza dems, now to include free medical (they don’t already get it?) is a hell of a lot better than life for an American that pays for this all!
    *
    REALITIES ON THE MEXICAN OCCUPATION:

    http://mexicanoccupation.blogspot.com/2011/05/book-mexifornia-shattering-of-american.html

    *

    Title: MOVING TO MEXICO – MUST READ! (L.V. Comment Page)
    Read this today. Thought I’d share it with you.

    Moving to Mexico

    Dear Mr. President, Senate and House of Representatives:

    I’m planning to move my family and extended family (18-20 mouths) into Mexico for my health, and I would like to ask you to assist me.

    We’re planning to simply walk across the border from the U.S. into Mexico , and we’ll need your help to make a few arrangements.

    We plan to skip all the legal stuff like visas, passports, immigration quotas and laws. I’m sure they handle those things the same way you do here.

    So, would you mind telling your buddy, President Calderon, that I’m on my way over? Please let him know that I will be expecting the following:

    1. Free medical care for my entire family (OBAMA LIED THAT OBAMAcare DID NOT INCLUDE ILLEGALS. HE AND PELOSI RIGGED IT SO NO MEDICAL PRACTITIONER COULD ASK THE PATIENTS’ LEGAL STATUS)

    2. English-speaking government bureaucrats for all services I might need, whether I use them or not.

    3. All Mexico government forms need to also be printed in English.

    4. I want my kids to be taught Spanish by English-speaking (bi-lingual) teachers.

    5. Schools need to include classes on American culture and history.

    6. I want my kids to see the American flag on one of the flag poles at their school.

    7. Please plan to feed my kids at school for both breakfast and lunch.

    8. I will need a local Mexican driver’s license so I can get easy access to government services.

    9. I do plan to get a car and drive in Mexico, but, I don’t plan to purchase car insurance, and I probably won’t make any special effort to learn local traffic laws.

    10. In case one of the Mexican police officers does not get the memo from their president to leave me alone, please be sure that every patrol car has at least one English-speaking officer.

    11. I plan to fly the U.S. flag from my house top, put U S. flag decals on my car, and have a gigantic celebration on July 4th. I do not want any complaints or negative comments from the locals.

    12. I would also like to have a nice job without paying any taxes, or have any labor or tax laws enforced on any business I may start.

    13. Please have the president tell all the Mexican people to be extremely nice and never say a critical things about me or my family, or about the strain we might place on their economy.

    I know this is an easy request because you already do all these things for all his people who come to the U.S. from Mexico.

    I am sure that President Calderon won’t mind returning the favor if you ask him nicely.

    Thank you so much for your kind help,

    Sincerely, US Citizen & Taxpayer

    Pyro…. PRICELESS.

    • avatar

      Well done Pyro……that was pricelsss as are all those things described that are given on a daily basis to those here illegally in the USA. The struggles we face in this nation will only continue to build as we move closer and closer to the socialist society the current administration is overtly pushing America towards. Fair share???? How about doing a fair share of work in this country and paying a fair share of taxes? When those who work realize that everything they make is being distributed to those who take advantage of the policies and programs that allow them to be useless leeches of society, they will leave or stop working themselves. Then the annoited one will have achieved his goal…..”To fundamentally change America”……..Mission being accomplished! Vote them out in 2012.

    • avatar

      Very nice Pyro but you left one out:
      14. We feel that we have ownership rights to the southwest portion of your country and we will be creating radical anti-Mexican groups to push that agenda.

  7. avatar
    Walt of Florida on

    What part of illegal immigrants doesn’t this administration understand. This clown will do anything it takes to get the votes to be re-elected in 2012. The dumbest thing that was done was to give the 18 year old kids the right to vote. If they’re asked why did you vote for Obama? They say, I like the way he talks, or walks, or the way he dresses. Most people in that age group wouldn’t tell you they’re voting on issues of importance, economy, immigration, jobs, etc.. This immigration problem is very serious. It means taking jobs from legal Americans, and I include legal immigrants. The American people are paying large amounts of money for their welfare, hospital visits and in some cases housing.

    No one in either party has the courage to do this.
    Three Presidents did.

    What did Presidents Hoover, Truman, and Eisenhower have in common?
    This is something that should be of great interest for you to pass around.
    I didn’t know of this until it was pointed out to me.

    Back during the great depression, Herbert Hoover ordered the deportation
    of ALL illegal aliens in order to make jobs available to American citizens
    that desperately needed work.

    Harry Truman deported over two million illegal aliens after WWII to
    create jobs for returning veterans.

    In 1954 Dwight Eisenhower deported 13 million Mexicans. The program was
    called Operation *******. It was done so WWII and Korean War veterans
    would have a better chance at jobs. It took two years, but they deported
    them!

    Now, if they could deport the illegal aliens back then, they could surely
    do it today. If you have doubts about the veracity of this information,
    enter Operation ******* into your favorite search engine and confirm it for
    yourself.

    Why, you might ask, can’t they do this today? Actually the answer is
    quite simple. Hoover , Truman, and Eisenhower were men of honor, not
    untrustworthy politicians looking for votes!

    Reminder: Don’t forget to pay your taxes* – 12 to 20 million illegal
    aliens – are depending on you!

    • avatar

      Didn’t you vote when you were 18??

      Also, why are you saying that illegals are taking jobs from Americans? If you don’t know, illegal aliens are the once harvesting the fruit and veggies that you enjoy. Let me ask you something, will you be willing to work for minimum wage picking up crops in the hot sun? i didn’t thinks so…

      You should look at what is happening in Alabama.

      Please inform yourself before saying that illegal aliens are taking away jobs from Americans.

      • avatar

        In Alabama illegals are fleeing the state doing what the law was intended to do. I prefer my veggies to be harvested by anyone but an illegal immigrant.

  8. avatar

    the government seems to think they are free to do as they want. If the elections are really honest and the rules are followed as they should be then we are due to have a whole lot of government people on the unemployment list. We have a president who has no Idea what his job is and makes no effort to follow the will of the people, Completely ignores our constitution. hides his past from everyone, acts as tho he is above it all. Do the people of this country have the right to expect the so called president to help get the country back on its feet. Are we wrong to resent his grand attitude and spendthrift ways, Hugh vacations for the family costing millions and such waste while we have people who are losing their homes and trying to keep their lives to gather. I for one would rather have some one in office who cares is for the people and who understands why and what our constitution is for and honor it and the office and people it stands for.