Mayorkas Creates Another Illegal Amnesty—"Deferred Enforced Departure" Means No Departure At All
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The various Biden Regime Administrative Amnesties keep rolling in. It seems that almost every week there is a new amnesty created out of thin air by the Biden Regime and the Jewish Secretary of the Department of Homeland Security (DHS), Alejandro Mayorkas. This time the amnesty is an adjunct of the previously announced amnesty for illegal aliens in the workforce. In this latest amnesty, illegal aliens who are working will not only benefit from no workplace raids, but will get a work permit, but also assorted breeder documents to live in the United States illegally, Social Security Card, driver’s license, and welfare benefits, for being the victim of “immigration-related retaliation” in the workplace, a place where it is illegal for illegal aliens to be, as illegal aliens are not authorized to work in the United States.

The U.S. Department of Homeland Security (DHS) has announced that noncitizen workers who are victims of, or witnesses to, the violation of labor rights, can now access a streamlined and expedited deferred action request process. Deferred action protects noncitizen workers from threats of immigration-related retaliation from the exploitive employers. Effective immediately, this process will improve DHS’s longstanding practice of using its discretionary authority to consider labor and employment agency-related requests for deferred action on a case-by-case basis. Workers will be able to visit for additional information in English and Spanish and to submit requests. These improvements advance the Biden-Harris Administration’s commitment to empowering workers and improving workplace conditions by enabling all workers, including noncitizens, to assert their legal rights.

[DHS Announces Process Enhancements for Supporting Labor Enforcement Investigations, Press Release, January 13, 2023]

Instead of arresting the unscrupulous employers of illegal aliens and deporting the illegal aliens, the Biden Regime has decided to reward illegal aliens for working illegally, then, in the end, not prosecute the Slave Power exploiting illegal aliens.

And note the sly jab at immigration enforcement. Apparently DHS thinks that enforcing immigration law is “immigration-related retaliation.” The theory here is that illegal aliens are afraid of being arrested, and unscrupulous employers know this and threaten illegal aliens with being arrested, reported to immigration, or whatever else is so-called “immigration-related retaliation,” if they ask for high wages or better working conditions.

However, since DHS does not arrest illegal aliens in the United States unless they have serious criminal convictions, as stated by Joe Biden, how can there be any “immigration-related retaliation”? Additionally, there is no longer any work-site enforcement, as announced by Secretary Mayorkas, so there can be no “immigration-related retaliation” for illegal aliens to be concerned about or be the victim of. So, the only purpose of this new program is to legalize another group of illegal aliens. It is another illegal Biden Regime Administrative Amnesty.

While the need for such a program is spurious at best, the idea that illegal aliens are dying in droves in Victorian level abusive workplaces is absurd; the solution to any real or imagined exploitation of illegal aliens is deporting the illegals and arresting the employers: the program itself is illegal. There is no statutory basis for this program called Deferred Action.

Deferred Action (DA), like its bastard offshoots, Deferred Enforced Departure (DED) and the abused Voluntary Departure (VD) and Extended Voluntary Departure (EVD), have no basis in law, except VD, which, like parole, is limited in time and scope, as well as not a substitute for legislation creating an amnesty. Sadly, it was Ronald Reagan and George H.W. Bush that greatly expanded these collective and once hidden deferred action amnesties. In fact, the origins of a deferred action amnesty program go back into the late ’60s or so, once hidden deep in secret Immigration and Naturalization Service (INS) regulations, the “Blue Sheets.” It took illegal alien John Lennon to bring the policies to light and make the policies public, but those policies remained administrative creations, and therefore illegal.

Once called “non-priority cases,” deferred action was long standing, but without statutory authorization. Additionally there is no authorization to give the illegal alien a work permit in such cases. It is completely lawless.

In fact, DHS admits that the whole panoply of deferred action policies is without legal authorization.

DED is in the president’s discretion to authorize as part of his constitutional power to conduct foreign relations. Although DED is not a specific immigration status, individuals covered by DED are not subject to removal from the United States for a designated period of time.

Deferred Enforced Departure, Fact Sheet, U.S. Citizenship And Immigration Services, January 6, 2023

As one can see, a once secret and lawless INS program of granting an administrative amnesty for a certain lucky few has grown into a massive, ever expanding program of amnesties, still without statutory authorization.

We have a new opportunity for the House of Representatives to take action to end this rampant illegality. The limit on the debt ceiling is fast approaching and requires legislation to be raised. Kevin McCarthy can attach riders to this “must pass” legislation ending the Deferred Actions amnesties, including the latest illegal amnesty from Mayorkas rewarding illegal aliens in the workplace, and end the current Parole Amnesty.


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