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Amnesty by Another Name

This week I was joined by 18 of my Senate colleagues in a letter to President Obama to ask questions about the administration’s immigration policies.  Recent statements by members of Congress and guidelines coming out of the executive branch make it appear that there are administration policies that go beyond the scope of the law and allow people who have broken the law to remain in the United States.

In our letter, we cite a June 17th memo and an August 18th directive from the lead government agency dealing with immigration that outline and encourage increased use of prosecutorial discretion and administrative closure of cases pending before the courts.  Prosecutorial discretion is when an official for the federal government uses his or her judgment in allowing the illegal immigrant to stay in the country if the individual meets certain criteria. Administrative closure of cases allows the executive branch to close deportation cases pending before the court without action, which also allows an illegal immigrant to remain in the country.

The combination of the June 17th memo and the August 18th directive sends a message that the administration is turning a blind eye to those who have broken U.S. immigration laws.  These policies appear to be a direct attempt to categorically legalize those who are unlawfully in the country and to allow undocumented individuals to remain in violation of the law without fear of apprehension or deportation.  

The administration has repeatedly ignored and dismissed concerns expressed by me and others about its policies that circumvent Congress and provide a safe haven for illegal immigrants.  Its policies disregard the rule of law that is the foundation of our free society and take the powers provided to the administration to an entirely new level.

In our letter this week, we asked the President to overturn the recent directives that encourage officers to dismiss cases, and we requested that the administration halt any initiative, whether taken through regulation or otherwise, that circumvents Congress.  

The security of our country depends on our ability to prevent unlawful entry and to respond when illegal immigrants have overstayed their visa or avoided inspection.  The policies that are being put in place by the administration to circumvent these safeguards threaten our nation’s security.  There’s too much at stake, and I hope our pleas for enforcement of current law are heard.

September 30, 2011