The 2020 Pentagon spending bill contains a camouflaged provision allowing any U.S. president to amnesty millions of illegal immigrants — regardless of the shock to Americans’ wages, workplaces, and communities, says a former immigration judge.
“It takes a little bit of digging (or wading) to get to Title X, Subtitle H, section 1099C on page 1,061 of NDAA 2020, which is captioned ‘Parole in Place for Members of the Armed Forces,’” says Andrew Arthur, a former immigration judge who now works with the Center for Immigration Studies.
The critical language is hidden in the short section which apparently provides a modest immigration reward to foreign service members, saying:
(b) Sense Of Congress.—It is the sense of Congress that—
(1) parole in place reinforces family unity;
(2) disruption to servicemembers must be minimized, in order to faithfully execute their objectives;
(3) separation of military families must be prevented;
…
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(6) Congress reaffirms parole in place authority for the Secretary of Homeland Security.
The last line will be cited as legal authority for a future President to offer the “parole in place” to as many migrants as he might wish to provide, said Andrew:
Expect section 1099C(b)(1) and (6) of NDAA 2020 to be used by a future president to grant future amnesties. DACA and DAPA rested on the slim reed of “prosecutorial discretion”. The next administrative action to grant status to those who entered illegally, on the other hand, will set firmly on the rock of Congress’s “reaffirm[ation of] parole in place authority for the Secretary of Homeland Security.”
… President Bernie Sanders is just waiting for the opportunity.
Current law and White House policy say “parole in place” can only be provided case-by-case, said Andrew.
When individual migrants are given the “parole in place” status, they can get legal work permits and also request an “Adjustment of Status” to get green cards and citizenship.
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In June, Sen. Kamala Harris promised to use the case-by-case parole power to provide an amnesty to millions of illegal migrants, according to Huffpost.com:
Many of the country’s roughly 2 million Dreamers would gain a pathway to citizenship under a plan released Wednesday by 2020 Democratic presidential candidate Kamala Harris, who would use executive action to break through congressional deadlock.
In a plan that reflects the creative legal thinking of California’s former attorney general, Harris would reinstate the Obama-era Deferred Action for Childhood Arrivals program and remove the age restrictions on applying. But unlike the original program, which gives work authorizations and provides deportation relief to unauthorized migrants who arrived as children, the plan would open up a pathway to citizenship without requiring Congress to pass legislation.
…
Under the proposed plan, Harris would use executive action to grant Dreamers “parole-in-place” and retroactively issue them work authorizations. That legal exception, carved out in the Immigration and Nationality Act but not typically used for Dreamers in the past, would allow them to apply for green cards through a direct family member or employer. Those who obtain legal permanent residence are allowed to apply for citizenship.
