Another illegal Biden Regime Administrative Amnesty has been announced. Recently the Biden Regime announced that Temporary Protected Status (TPS), mostly illegal aliens, can not only depart the United States, but re-enter under the legal fiction, Advanced Parole, and be then allowed to adjust status in the United States, despite a Supreme Court ruling that TPS recipients cannot adjust status. I call this the Advanced Parole Amnesty. But the illegality continues. The Biden Regime announced that illegal aliens in the United States no longer have to depart the United States before they can adjust status or be readmitted, a clear violation of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), which prescribed 1, 3, and ten year bans on aliens with unlawful presence. (h/t Author W.R. Flynn, a gracious reader and entertaining writer)
IIRIRA was supposed to end the cycle of illegal aliens entering the United States, then taking advantage of the system by adjusting status in the United States, this ban included not only those illegal aliens who entered the United States without inspection, but also those illegal aliens whom ostensibly entered legally, but used fraud to obtain a Non-Immigrant Visa (NIV), a visitor, student, business visa, or other NIV, then overstayed or otherwise violated the terms and conditions of admission to the United States.
However, the Biden Regime, specifically the Director of U.S. Citizenship and Immigration Services (USCIS), Ur Jaddou, and the Jewish Counsel for the Department of Homeland Security (DHS), Jonathan Meyer, conspired to violate IIRIRA and allow illegal aliens to serve out their bans on entry in the United States as illegal aliens.
The Immigration and Nationality Act, says that immigrants who were illegally in the United States and left cannot re-enter for a certain period of time. Illegal immigrants who were in the country for less than one year have to wait three years to be able to re-enter the country; those who were present for one year or more would be inadmissible unless he or she waits 10 years to re-enter.
The immigrants were expected to wait outside the United States, to comply with the law.
USCIS, though, is now saying that an immigrant can be inside the United States, and that will not reset the clock.
“The statutory 3-year or 10-year period begins to run on the day of departure or removal (whichever applies) after accrual of the period of unlawful presence. This statutory period continues to run, without interruption, regardless of whether or how the noncitizen returned to the United States during the 3-year or 10-year period. Thus, it is immaterial whether the noncitizen has spent the applicable statutory 3-year or 10-year period in or out of the United States,” USCIS says in its policy manual.
The change was made on June 24 to be consistent with two recent court rulings and an unpublished Department of Justice Board of Appeals decision, the agency said in an alert on the alteration.
“This is basically an invitation for any deported alien to pay the cartels to smuggle them back into the U.S. while they let the clock run out,” Rob Law, who headed the USCIS policy office during the Trump administration and directs the America First Policy Institute’s Center for Homeland Security and Immigration, told the Washington Times, which first reported on the update.Biden Administration Makes Two Big Changes to Help Illegal Immigrants, by Zachary Stieber, The Epoch Times, July 16, 2022
Stroke of the pen, law of the land; that is the attitude of the Biden Regime to duly passed statutes of the United States. There might not as well be a Congress if the Biden Regime can overturn the laws of the United States with a memorandum from a Deep State bureaucrat. Of course, nothing in the Biden Regime Administrative Amnesty is different from the Obama Regime Administrative Amnesty or their DACA lawlessness. It is an insurrection and usurpation against the Constitution and the whole concept of the rule of law based on statutes passed by Congress. It is in fact a seditious conspiracy to negate the Constitution and a conspiracy to aid illegal aliens.
We also have a kritarch problem in this amnesty, essentially two kritarchs who ordered that two different illegal aliens in two separate cases could get Lawful Permanent Residence (LPR) status, i.e. green cards, despite the law being quite clear that those aliens were ineligible for green cards. A seditious usurpation of the role of Congress is creating legislation.
U.S. District Judge Consuelo Marshall, a Carter appointee, ruled for the plaintiff, agreeing on the argument that over 10 years had gone by before Yayomi Kanai asked for residency.
“This policy change would be great for our client. That means she could have been granted adjustment of status by the USCIS and she wouldn’t have had to go through all these problems,” Michael Piston, who represented Kanai, told The Epoch Times.
“It feels very, very good that they’re doing the right thing,” Mario Urizar, a lawyer who represented the man in the other case, told The Epoch Times.
In that case, a Brazilian national overstayed a tourist visa and was ordered deported in 1994. He left the United States in 2000.
Two years later, the man re-entered, even though the 10 years had not elapsed. When he went to adjust his status later, in 2016, authorities noted he violated the law and thus remained inadmissible.
U.S. District Judge Kevin McNulty, an Obama appointee, ruled that the law “is silent” on the time after 10 years elapses. He said imposing what amounted to a lifetime ban from the United States was wrong.
The only response to this will be for the future Republican Congress to end the amnesties with riders attacked to budgetary bills and impeachment. Arrests can follow under the Trump or DeSantis Administrations. But be it well known, any DHS employee participating in this illegal amnesty should be criminally prosecuted, including lower level career bureaucrats. They should be put on warning that just following illegal orders is not a defense. The first arrests should be Jaddou and Meyer.
It is less clear with Judge Marshall, who is clearly playing fast and loose with the law in a dishonest manner, she was not as egregious as judge McNulty, who just decided his idea of what the law should be would trump what the law actually says. I expect that the Supreme Court would overturn that decision if the case was brought before them. But Judge McNulty deserves arrest as well as impeachment for his insurrection against the Constitution, where Congress writes the statutes, not judges.
Kritarchy is an unconstitutional usurpation of the role of Congress in the legislative process. Time to punish kritarchs.
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