Obama Regime Administrative Amnesty Worse Than You Thought
Another expansion of the Obama Regime Administrative Amnesty has hit the news. The Regime has announced further restrictions on the arrest, detention, and removal of illegal aliens, this time based on if they have issue present in the United States.
Washington Times August 23, 2013 by Stephan Dinan
The Obama administration issued a new policy Friday that says immigration agents should try not to arrest and deport illegal immigrant parents of minor children. The move adds to the categories of people the administration is trying not to deport.
In a nine-page memo, U.S. Immigration and Customs Enforcement said agents should use “prosecutorial discretion” to try to avoid detaining parents and, if parents are detained, agents should make sure they have the ability to visit with their children or participate in family court proceedings.
However, it is worse than what the Times reports. Firstly, it violates the Privacy Act of 1974 by making private information about minors and arrested illegal aliens available outside actors without a legal relationship to the detained alien or the minor in question to so-called advocacy groups and secondly grants such advocacy groups official access to U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations (ICE ERO) supervisory personnel, effectively inserting radical leftwing groups into ERO management of the removal (deportation) process.
ICE August 23, 2013
5.1 Field Points of Contact for Parental Rights (“Field POCs”)
2) Each Field POC shall receive and address public inquiries related to the parental rights or family ties of detained alien parents or legal guardians of minor children. Careful consideration should be given to cases involving parents or legal guardians who are primary caretakers, those who have a direct interest in family court or child welfare proceedings, and those who minor children are USCs or LPRs. Inquiries may be received from detained or non-detained aliens, their family members, attorneys or representatives, advocacy groups, state [sic] and local family courts, and/or child welfare services, among others.
The extensive list of persons able to either act, contact ERO, or receive information about a non-detained minor or parental alien in custody is illegally broad. Generally, only a spouse or representative attorney or other representative with a Form G-28, Notice of Entry As Attorney Or Accredited Representative, may receive information or present inquiries to ERO about a detained alien. Otherwise to discuss or release any information about an alien is illegal.
The most pernicious aspect though is that it gives official recognition to so-called advocacy groups, which are in the whole radical racist groups with a political agenda. These groups are in no way acting in the best interests 0f any given alien or their minor children, but in the groups own political interests. This gives these radical communist cultural Marxist groups a wedge to enter into the ERO management chain, imposing their ideology and advocacy for illegal immigration within the removal process and ERO management structure. It essentially gives these radical groups veto power over individual custody and deportation decisions.
Worse though, the instructions to the field expand the Obama Regime Administrative Amnesty by authorizing the return of previously deported illegal aliens to participate in legal processes involving their minor children.
5.7 Facilitation of Return
1) If a lawfully removed alien…provides to ICE verifiable evidence indicating that he or she has a hearing or hearings related to his or her termination of parental or legal guardianship rights before a family court or child welfare authority in the United States, and the court or child welfare authority has determined that the removed parent or legal guardian must be present, rather than participating via other means, ICE may…facilitate the return of the alien to the United States by grant of parole for the sole purpose of participation in the termination of parental rights proceedings.
While initially appearing restrictive, it is inevitable that this will expand to any deported parent in the name of family reunification. It will also add to the huge caseload of absconded illegal aliens as these illegal aliens paroled into the United States will inevitably fail to voluntarily return after they are paroled into the United States. Clearly this policy is designed to increase the amount of illegal aliens in the United States for the upcoming expansion of the Administrative Amnesty.