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-   -   Amnesty for Illegals? (http://cellar.org/showthread.php?t=23491)

TheMercenary 09-03-2010 08:16 AM

Amnesty for Illegals?
 
I know the subject has been around for quite some time and bantered about as a topic for policy. But it as it surfaces now I am sure it is pretty bad timing with the looming election cycle. I know that an amnesty program would add millions to the Dems election population but I hope they dig to the bottom of this and jack-up anyone in the administration who is thinking about bringing this to the forefront of a active policy.

Quote:

ICE skirts immigration law and begins to release illegal immigrants who have already been arrested and are waiting to be deported.

A memo from released yesterday by John Morton of Immigration and Customs Enforcement (ICE), included a new policy change that could affect thousands awaiting deportation. Morton signed a memo that went out to agencies across the country stating any illegal immigrants who have been charged with deportation have their cases reviewed and be released or absolved of any legal issues with the federal government if they have not committed any serious crime.

However, there is a catch. The suspected illegal immigrants must be able to prove they are taking care of necessary paperwork with ICE and have not committed a felony crime.

The memo read in part; “This memorandum establishes ICE policy for the handling of removal proceedings before the Executive Office for Immigration Review (EOIR) involving applications or petitions filed by, or on behalf of, aliens in removal proceedings. This policy outlines a framework for ICE to request expedited adjudication of an application or petition for an alien in removal proceedings that is pending before U.S. Citizenship and Immigration Services if the approval of such an application or petition would provide and immediate basis for relief to the alien. The policy will allow ICE and EOIR to address a major inefficiency in present practice and thereby avoid unnecessary delay and expenditure of resources.” Read the entire memo; http://graphics8.nytimes.com/package...immig_memo.pdf

This new policy at ICE comes as a major blow to agents who have already given ICE’s leader, Morton a vote of no confidence.

“It’s dispiriting for federal agents,” says Mark Krikorian of Center for Immigration Studies a Washington D.C. think tank.

While the majority of American’s don’t want amnesty given to those who entered the country illegally and have committed crimes just by crossing the border or overstaying visas the proverbial golden ticket.

Many contend management at ICE and the Obama White House has already begun a back-door amnesty process bypassing Congress.

“Is it an end run around Congress?” Krikorian asked. “In an informal sense, yes. This is a policy decision that is trying to make an end run around Congress. They are saying lets abuse our existing authority to create a defacto amnesty.”
http://iowaindependent.com/41775/con...migration-memo

Redux 09-03-2010 08:58 AM

As I understand the memo and the policy, it is to provide an expedited review process for those who are eligible for permanent residency status and are being detained for reasons that are unclear.

It is not to provide "amnesty" for those here illegally.

classicman 09-03-2010 12:01 PM

The form I-130 which is referenced in the link is:
Quote:

This memorandum establishes U.S. (ICE) policy for the handling of removal proceedings before the (EOlR) involving applications or petitions filed by, or on behalf of, aliens in removal proceedings.
The memo references immigrants dealing with "removal proceedings"
It seems as though this should speed things up.

I find it inconsistent though.
Quote:

Adverse factors include, but are not limited to, criminal convictions, evidence of fraud or other criminal misconduct, and national security and public safety considerations.
Wait - Being here illegally is still a crime - Why isn't that considered an adverse factor?

Redux 09-03-2010 12:09 PM

Quote:

Originally Posted by classicman (Post 680367)
...Wait - Being here illegally is still a crime - Why isn't that considered an adverse factor?

The answer is simple.

If you have temporary resident status (those to which the memo applies, for the most part), you are not here illegally.

added:
Quote:

Originally Posted by classicman (Post 680367)
The form I-130 which is referenced in the link ....

Oh, and the I-130 is a form for legal residents or citizens to seek legal residency for a non-resident relative (another category to which the memo applies)

So, in either case, the memo does not apply to those here illegally.

classicman 09-03-2010 01:27 PM

Quote:

Originally Posted by Redux (Post 680370)
If you have temporary resident status (those to which the memo applies, for the most part), you are not here illegally.
Oh, and the I-130 is a form for legal residents or citizens to seek legal residency for a non-resident relative (another category to which the memo applies)So, in either case, the memo does not apply to those here illegally.

If they are in the process of removal proceedings, their time is up.

Redux 09-03-2010 02:23 PM

Quote:

Originally Posted by classicman (Post 680380)
If they are in the process of removal proceedings, their time is up.

Is that so?

You might want to read more about the process for adjudicating requests (petitions/applications) for adjusting the status of temporary residents.


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