Like many other terms used in the immigration arena, such as "deferred enforced departure," "indefinite voluntary departure," "deferred action," "parole in place," or other fictions of immigration law, "color of law" is another widely abused and fiction created by the radical left as part of an ongoing administrative amnesty extending back decades.
And as with the new DREAM Act Administrative Amnesty recently implemented, which, by the way, this blog initially identified and which U.S. Citizenship and Immigration Services (USCIS) stated would only benefit approximately 50,000 illegal aliens, but will reach to over 2 million illegal aliens plus their extended families.
Co-blogger Nicholas Stix has brought the "color of law" issue to the forefront with his excellent posting on Mittens` failure to stand up to the amnesty and how Jan "The Man" Brewer is not just talking but acting on the DREAM Act Administrative Amnesty and working to shut it down.
Nicholas Stix Uncensored August 17, 2012 by Nicholas Stix
“I believe the Obama administration is going to come out and say we’re changing the notes and tones of our directive, and say these kids are here under the color of law and protected by US immigration laws and due process, and/or they have a specific nonvisa [sic.] immigrant category that allows them to have a driver’s license,” Arizona immigration attorney Jose Penalosa told KSAZ-TV on Thursday.
The problem for Comrade Penalosa though is that "color of law" has no actual legal meaning, as it has no legal basis in any actual legislation passed by Congress. Like "deferred action," there is no legal basis. "Color of law" was created by implementing regulations over a period of years, and used to confuse the identification of aliens in the United States legally, with those here illegally.
Such as here where the Social Security Administration justifies Supplemental Security Income (SSI) payments to illegal aliens by conflating parolees and refugees with illegal aliens being ignored by DHS and allowed to remain illegally in the United States.
The operative principle being that the legacy Immigration and Naturalization Service (INS) years ago adopted its own Administrative Amnesty for certain groups of aliens the legacy INS determined it would not take action against; in effect commiting non-feasance and for the employees involved, violating their Oath of Office.
In fact, "color of law" is a status for those who have no status so as to administer welfare benefits.
This non-feasance in its most blatant form, though the new Department of Homeland Security official policy. In fact, there are only two statuses for aliens lawfully present; aliens admitted to the United States and maintaining their lawful status and those aliens paroled into the United States. All other aliens are in the U.S. illegally. These are the only two statuses no matter what nonsense is spouted by Comrade Penalosa. The illegal aliens he represents have no status nor any "nonvisa [sic.] immigration category" and consequently no right to a driver`s license or a welfare check.
And Jan Brewer is correct as reported by Nicky Stix:
Undocumented immigrants "are here illegally and unlawfully in the state of Arizona, and it`s already been determined that you`re not allowed to have a driver`s license if you are here illegally," the governor said in a press conference. "The Obama amnesty plan doesn`t make them legally here."
Despite the fact that the Regime is granting this group of illegal aliens an Employment Authorization Document (EAD), those illegal aliens remain illegal aliens as they were not adjusted to a immigration status nor paroled. The illegal aliens are still subject to arrest and deportation.
This is not to mention that the issuance of the EADs and the so-called "deferred action" are both illegal as pointed out by Mark Krikorian:
Brewer`s order “is a broader challenge to the federal government, because this [Obama] order, this policy, is clearly illegal,” says Mark Krikorian, director of the Center for Immigration Studies, which advocates stronger immigration laws and enforcement. “It’s trying to set up a confrontation that will focus not just on Governor Brewer’s order but on the illegality of the president’s policy."
"In a way, I think they’re kind of hoping that the Justice Department will sue them before the election,” he says.
One hopes so. It is sad that the Governor of Arizona is doing the work of the RINOs in Congress led by John Boehner and the spineless Mittens.