The Latest Biden Regime Administrative Amnesty: Venezuelan Zerg Rush

The Biden Regime Administrative Amnesty has expanded, this time to Venezuelans outside the United States. That means an amnesty not for illegal aliens in the United States, but Venezuelans who want to be illegal aliens. Instead of stopping the Venezuelan invasion, instead of deporting those illegal aliens who cross illegally over the border with Mexico, the Biden Regime has decided to give Venezuelans a preemptory amnesty, even before they arrive.

This is not the first preemptive amnesty, the Obama Regime set the pattern with the Central American Minors Program (CAM), where any minor from Central America was eligible to come to the United States, obtained a temporary permit to live in the United States, but also become eligible for housing, food, welfare, and schooling, all at the expense of the American taxpayer. Ostensibly this was presented to the public as relief for minors who are victims of some vague injustice, poverty, or persecution akin to asylum. The process was that these minors would apply for asylum, be denied asylum as those minors do not meet the legal definition of asylee or refugee, then upon being denied refugee or asylum status, they would be paroled into the United States to alleviate their poverty or tale of abuse by family, neighbors, or gang members.

In fact, the program was a fraud, designed to reunite the children with their illegal alien parents or other relatives already living in the United States. It was, and continues to be under the Biden Regime, an illegal program in violation of the Immigration and Nationality Act (INA), as amended, which created specific immigration categories, of which being the child of an illegal alien is not one of those lawful categories.

The Department of Homeland Security on Wednesday announced it would seek to block irregular migration from Venezuela by expanding a Trump-era policy and kicking off a new program for Venezuelans fleeing the country.

The new program is modeled off of the Uniting for Ukraine program that allowed people in the U.S. to privately sponsor Ukrainians, in this case allowing up to 24,000 Venezuelans to secure a work authorization for up to two years.

But along with the new program, the U.S. said it will now expel Venezuelans who cross the border from Mexico, extending the Title 42 program that allows U.S. officials to quickly expel foreign nationals crossing the border.

Until the announcement, Venezuelans were not subject to Title 42 expulsions because neither their home country nor any other third country was willing to accept their return.

DHS Expands Trump-Era Policy To Venezuelans While Opening New Pathway To US, By Rafael Bernal And Rebecca Beitsch, The Hill, October 12, 2022

Note three interesting aspects of this “program,” which is highly technical with detailed requirements, none of which is in any immigration statute. One is that Title 42 is back on, despite Joe Biden stating publicly that the China Flu pandemic is over. The next aspect is that Venezuelans were previously not subject to Title 42 because no country was willing to accept them. Well, that is not a concern in deportation law. In any event, since Mexico was the source nation, they can be, like other third-country nationals, returned to Mexico either through deportation or removal, or subject to the Remain-In-Mexico program, which is part of immigration law. Any inadmissible alien who applies for admission from Canada or Mexico is required to remain in either nation while their deferred inspection or hearing before the Executive Office For Immigration Review (EOIR), the immigration courts, is conducted. For the record, I am the person responsible for the Trump Administration creating the Remain-In-Mexico program, as it was I who dug this nugget up from the INA. Someone, I’m looking at you Stephen Miller, read my blog post on VDare and the rest was history.

Thirdly, the Uniting For Ukraine is just as suspect a program, for all three programs, CAM, Ukraine, and Venezuela, themselves are an admission of illegality, for if CAMs, Ukrainians, and Venezuelans qualified for refugee or asylum statues, they would use those programs. However, none of these groups meet the legal definition of refugees or asylees.

The Venezuelans will receive a two year work permit, welfare, housing, and food stamps, with even convicted criminals and previous deportees eligible, provided the deportation is outside a 5 year window.

To be eligible for the program, Venezuelans cannot have been removed from the U.S. in the last five years or “irregularly entered Mexico or Panama.” Many Venezuelans have crossed into Central America through the Darién Gap, the roadless jungle territory connecting Panama and Colombia, Venezuela’s western neighbor. They also must complete security vetting.

Venezuelans already here will be eligible and only need an American sponsor, though legally that sponsor is not liable for any welfare use or criminal activity. In no case even with legal immigrants, has a sponsor been held responsible for the welfare use of an immigrant, though the legal immigration process for family members requires a sponsor that signs a promise to pay for any welfare liability. Though the public charge law is not enforced anyway.

There is no limit to the number of Venezuelans who will be eligible, all Venezuelans qualify, including the six million who have fled Venezuela already.

According to the UN, more than six million people – more than a quarter of the country’s residents – have fled Venezuela’s ongoing economic and political crisis.

One must emphasize, like many aspects of the Obama Regime Administrative Amnesty, such as Deferred Action For Childhood Arrivals (DACA), and the various programs in the Biden Regime Administrative Amnesty, there is no lawful basis for the program itself or the specific requirements of the program. There is nothing in law that says the President can allow a mass influx of aliens, give them work authorization, welfare, and other benefits, and then create a requirement such as a sponsor. There is just no statute authorizing such a program.

Ken Paxton, A Nation’s Eyes Turn To You

Hopefully Ken Paxton is on the case and will be filing a lawsuit in Judge Andrew Hanen’s court soon.

14 thoughts on “The Latest Biden Regime Administrative Amnesty: Venezuelan Zerg Rush

  1. Venezuelans are illegal invaders and american citizens should be allowed to hunt them by lethal means if their government refused to enforce their nation’s sovereignty.

    There is not crisis in Venezuela because not war in Venezuela like in Ukraine. They do not meet the legal definition of asylee or refugee, it is all a big scam. They can stay in Colombia and do not come to America.

    Like

  2. Venezuelans are illegal invaders and american citizens should be allowed to hunt them by lethal means if their government refused to enforce their nation’s sovereignty.

    There is not crisis in Venezuela because not war in Venezuela like in Ukraine. They do not meet the legal definition of asylee or refugee, it is all a big scam. They can stay in Colombia and do not come to America.

    Like

  3. Pingback: Federale

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