http://dailysignal.com/2015/11/10/leaked-dhs-memo-reveals-attempt-to-skirt-immigration-law-senate-republicans-demand-explanation/?utm_source=heritagefoundation&utm_medium=email&utm_campaign=dailydigest&mkt_tok=3RkMMJWWfF9wsRouvKvNZKXonjHpfsX56%2B0qUKGwlMI%2F0ER3fOvrPUfGjI4AT8FgMq%2BTFAwTG5toziV8R7jHKM1t0sEQWBHm



Leaked DHS Memo Reveals Attempt to Skirt Immigration Law; Senate
Republicans Demand Explanation

Natalie Johnson / November 10, 2015

Senate Republicans are asking the Department of Homeland Security to
explain a leaked agency memo reportedly revealing
<http://thehill.com/blogs/congress-blog/the-administration/258689-leaked-dhs-memo-shows-obama-might-circumvent-dapa>
that federal officials are planning to evade a federal court order barring
pieces of President Barack Obama’s executive immigration actions.

Senate Judiciary Chairman Chuck Grassley, R-Iowa, led eight others on the
committee in a letter
<http://www.grassley.senate.gov/sites/default/files/judiciary/upload/2015-11-05%20CEG%20et%20al%20to%20DHS%20%28EAD%20Memos%29.pdf>
sent to DHS Secretary Jeh Johnson last week demanding he clarify the
document.

The agency’s proposed regulations
<https://www.dropbox.com/s/dwcu66m3vnj9nta/USCIS_Memo_for_EAD_for_I140_June2015.pdf?dl=0>
would allow immigrants, including those in the U.S. illegally, to receive
extended work permits if sponsored by an employer, even if the sponsorship
is terminated or expired.

The leaked memo states that *a benefit of the proposed action would be to
“authorize the presence of certain individuals who are not here lawfully
and address the needs of some of the intended deferred action population.”*

The senators charged that such changes would “directly violate” a federal
court injunction issued in February suspending Obama’s plan to shield
roughly 5 million
<http://www.heritage.org/research/commentary/2015/3/please-explain-100000-deferrals-for-illegal-aliens>
illegal immigrants from deportation through expansions to a program
granting extended work permits.

The executive program, called Deferred Action for Childhood Arrivals
(DACA), initially granted temporary two-year legal status to immigrants who
were brought to the U.S. illegally as children and attended school in the
country.

In 2014, Obama issued an executive order
<https://www.nilc.org/dapa&daca.html> extending the work permits to three
years. He also established deportation protections for certain undocumented
parents of already protected children.

Twenty-six states filed a lawsuit against the 2014 executive action in a
Texas federal court, leading U.S. District Judge Andrew Hanen to issue an
order placing the programs on hold.

The senators argued that the leaked DHS document appeared to show that
agency officials “actively engaged in attempting to skirt” Hanen’s
injunction, constituting “yet another illegal ‘executive action.’”

“The authors of the memo openly acknowledge, and offer as a reason to
support the proposal, that granting employment authorization to illegal
immigrants under the proposed scheme would accomplish, by different means,
the de facto legalization of the population intended to be legalized by the
enjoined DAPA program,” they wrote.

The committee gave Johnson until Nov. 12 to respond.

“We want assurances that the administration will refrain from moving
forward with any such proposal that harms the integrity of our legal
immigration system and violates the law,” they wrote.

The letter was signed by Grassley along with Republican Sens. David Vitter
of Louisiana, Orrin Hatch of Utah, John Cornyn of Texas, Jeff Sessions of
Alabama, Mike Lee of Utah, David Perdue of Georgia, Thom Tillis of North
Carolina, and Ted Cruz of Texas.




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