NRO: Memo circulating on Capitol Hill shows how Obama might legalize some illegals without Congress

posted at 8:37 pm on July 29, 2010 by Allahpundit

I was skeptical about this when the rumors first started floating around last month. Turns out they were true — you can read the memo for yourself — but I’m more skeptical than ever that The One will act on it. Follow the first link and re-read that post to see why; all of the logic still applies, possibly more so now than it did then. Like I said yesterday, with each new day of legal wrangling between the feds and Arizona, the perception among voters deepens that Obama and his team are more concerned with protecting illegals than with enforcing American law. That’s politically disastrous, and would be doubly disastrous if he really did follow through on something as nutty as amnestizing some segment of the illegal population by executive order. Which of course explains why the memo’s being leaked to National Review: It’s electoral gold for the GOP and everyone involved knows it.

According to an internal U.S. Citizenship and Immigration Services memo going the rounds of Capitol Hill and obtained by National Review, the agency is considering ways in which it could enact “meaningful immigration reform absent legislative action” — that is, without the consent of the American people through a vote in Congress…

Perhaps the most egregious suggestion is to “Increase the Use of Deferred Action.” “Deferred action,” as the memo defines it, “is an exercise of prosecutorial discretion not to pursue removal from the U.S. of a particular individual for a specific period of time.” For example, after Hurricane Katrina, the government decided not to remove illegal immigrants who’d been affected by the disaster.

The memo claims that there are no limits to USCIS’s ability to use deferred action, but warns that using this power indiscriminately would be “controversial, not to mention expensive.” The memo suggests using deferred action to exempt “particular groups” from removal — such as the illegal-immigrant high-school graduates who would fall under the DREAM Act (a measure that has been shot down repeatedly in Congress). The memo claims that the DREAM Act would cover “an estimated 50,000” individuals, though as many as 65,000 illegal immigrants graduate high school every year in the U.S.

Scroll down to the next-to-last page of the memo for the section on “Deferred Action.” The only reason Obama would do this is to atone partially to Latinos for failing miserably on his promise of immigration reform, but I think the anger it would generate among righties and independents — especially given the Dems’ track record of pushing through policies by executive fiat or in the face of intense public opposition — would eclipse any surge in support among Latinos. The best thing the left can do at this point to mitigate losses in November is to let the public go back to sleep and hope that voter enthusiasm dips a bit among their opponents. This would achieve the opposite. If he’s planning on doing this, my hunch is that he’ll do it on a small-ish scale with a select group of illegals (maybe the DREAM Act eligibles) fairly quickly after the election so that the public will have time to cool off about it before 2012, when he can use it to goose Latino support for his own reelection bid. Exit question: Is eeyore being too optimistic for once?

Update: He’s already playing with too much electoral fire to light another match.

A Fox News poll released Thursday finds that if Americans were heading to the voting booth today, they would back the Republican candidate in their district over the Democrat by 47-36 percent. Two weeks ago the Republicans had a slimmer 4-point advantage (41-37 percent).

As has been the case all year, Republicans continue to be more interested in the upcoming election. Thirty-six percent of Republicans are “extremely” interested compared to 23 percent of Democrats.


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Nope, you sound right on this one.

Cindy Munford on July 29, 2010 at 8:39 PM

O/T
With the Berlin wall,and asnippet from McCain secure the
fence ad!!
==============

If the Extreme Becomes Law…

http://www.casttv.com/video/37ysb6a/seiu-video

canopfor on July 29, 2010 at 8:40 PM

Once again Obama’s putting the “ill” in illegal.

Mojave Mark on July 29, 2010 at 8:40 PM

Dems are losing Hispanic voters. Anything is possible with this admin.

publiuspen on July 29, 2010 at 8:41 PM

Were you also skeptical that Obamacare would be passed after Brown was elected in Massachusetts? This is not a presidency that lets – anything – stand in the way of what they want.

David Shane on July 29, 2010 at 8:41 PM

Obama is not going to persecute illegal aliens, but he will raid employers who hire them because it is the perfect extortion racket.

He is also not going to enforce Federal drug laws regulating marijuana which is why the City of Oakland is franchising pot growing, processing, and distribution.

Skandia Recluse on July 29, 2010 at 8:42 PM

the perception among voters deepens that Obama and his team are more concerned with protecting illegals than with enforcing American law

Perception?

CWforFreedom on July 29, 2010 at 8:42 PM

After the November election…look out!

d1carter on July 29, 2010 at 8:43 PM

DO IT! Let the dumb bastards do it!

GarandFan on July 29, 2010 at 8:44 PM

This would explain the Arizona lawsuit.

OldEnglish on July 29, 2010 at 8:44 PM

This can`t get much more Orwellian,me thinks!!

canopfor on July 29, 2010 at 8:44 PM

Just try it, Skippy…. you Pin Headed Fool.

Key West Reader on July 29, 2010 at 8:44 PM

Basically if they think they can get away with something they do it.

If they can’t get away with it, they do it anyway if they think it helps their party.

GardenGnome on July 29, 2010 at 8:44 PM

but I’m more skeptical than ever that The One will act on it.

Your great grandfather was probably skeptical that Hitler would invade Poland.

Luka on July 29, 2010 at 8:44 PM

Float it, post it, poll it, act on it..FPPA…
It will live or die, depending on how it polls…
It happens in almost every major item. If the numbers are low, then the secondary poll of “will he be able to overcome” will be tested. Health care, opposed, but his likability, the distance between election and pushing for it is so far apart that he polled that his likability factor out lasts the “I hate the bill” factor.
In this, does he gain in two years, more then he loses in two years?

right2bright on July 29, 2010 at 8:44 PM

with each new day of legal wrangling between the feds and Arizona, the perception among voters deepens that Obama and his team are more concerned with protecting illegals than with enforcing American law.

That’s only because Obama and his team are more concerned with protecting illegals than with enforcing American law.

Alana on July 29, 2010 at 8:44 PM

Ugh. Wouldn’t surprise me at all. It’s all about the vote.

scalleywag on July 29, 2010 at 8:45 PM

So,Hopey is in a rush,so that he`ll get more illegal votes!!

canopfor on July 29, 2010 at 8:45 PM

all of the logic still applies…

This is a word that does not apply to these clowns. We must stop thinking logically trying to fight insanity!

lukespapa on July 29, 2010 at 8:46 PM

Peace in our time

faraway on July 29, 2010 at 8:46 PM

the perception among voters deepens that Obama and his team are more concerned with protecting illegals than with enforcing American law.

Water is wet. It’s hard not to figure that out after awhile, especially if someone is pouring it on your head.

Luka on July 29, 2010 at 8:47 PM

Whats next,turning Terror Organizations into
legit political partys!!

canopfor on July 29, 2010 at 8:47 PM

Living on a Animal Farm in Brazil during 1984!!!

canopfor on July 29, 2010 at 8:48 PM

right2bright on July 29, 2010 at 8:44 PM

You have a good point re: polling, but lately it seems that nothing matters to these rag tag revolutionaries. I think they know they have only a few short months to complete the agenda and I don’t think the Dunce cares one bit about his re-election. The ends justify the means.

Key West Reader on July 29, 2010 at 8:48 PM

So if he goes 50k or so knowing the public will explode, why not go millions?

Go big or go home.

I see him going big.

artist on July 29, 2010 at 8:49 PM

I wonder if Mr. President could be lured away from public office by giving him his own talk show?

scalleywag on July 29, 2010 at 8:50 PM

Why wouldn’t he? His absolute bottom of support is gotta be around 35%, throw a bunch of idiots in there and 30 million new voters and the libs are close to hanging on to power.

El_Terrible on July 29, 2010 at 8:51 PM

I don’t think he cares. He’s just a puppet doing the bidding of his handlers. He could care less about our Nation, our Laws, our History, our Traditions.

This is about dominance and power. Nothing else. The ends justify the means.

Key West Reader on July 29, 2010 at 8:51 PM

How to destroy a 200-year-old party part 1013…

cpaulus on July 29, 2010 at 8:52 PM

the agency is considering ways in which it could enact “meaningful immigration reform absent legislative action” — that is, without the consent of the American people through a vote in Congress…

I believe that is called a coup or a putsch. Aren’t those frowned on in civilized society these days?

Luka on July 29, 2010 at 8:52 PM

No surprise here. You know it’s going to happen. Immigration, Cap-n-Trade, You-name-it…. all that Congress won’t do, Øbama will do by executive order.

petefrt on July 29, 2010 at 8:56 PM

AP, you keep forgetting this president is a committed leftist ideologue. This isn’t some career politician looking to put in 20-30 years with reelections to worry about.

jnelchef on July 29, 2010 at 8:57 PM

Update: He’s already playing with too much electoral fire to light another match.

If the goal was to attract voters by appearing as moderate, true.

If the goal is to provoke an extreme response to make others look bad, not so much.

Look at Obama’s political history. Not so clear-cut, suddenly.

Merovign on July 29, 2010 at 8:57 PM

Obama test to see if you qualify for Deferred Action:
1) Do you think Fox News is Racist?
2) Do you think Obama is Cool?
3) Will you vote Democrat if granted citizenship?
4) Will you join a Union?

If you answered Yes in 3 or more answers, you qualify.

barnone on July 29, 2010 at 8:58 PM

Look, Allah, Ed, and all the other righty bloggers:

You must simply stop assuming that Obama is going to do or not do anything because popular opinion is against it, or because it’s politically devastating to their side.

How many stories have we seen in the last 18 months like this?

Obama doesn’t have the votes for this, he doesn’t have the votes for that, the politics are terrible, the public doesn’t want it, the polls show his popularity is tanking…

IT DOES NOT MATTER. He is a man of the left, and views himself as a transformational President. He will make the BARE MINIMUM concessions necessary to get the necessary votes to get by on meeting the absolute bare-bones minimum procedural standard.

HCR, carbon regulations via the EPA, immigration, card check… This is the last bite at the apple these turds are going to get for a long time and damned if they’re going to waste the opportunity.

Purple Fury on July 29, 2010 at 8:59 PM

The Progressives are going to kill the Dem party…

d1carter on July 29, 2010 at 9:00 PM

Go for it.
I beg you.

NeoKong on July 29, 2010 at 9:01 PM

I miss Hillary!!(sarc).

canopfor on July 29, 2010 at 9:01 PM

GO AHEAD MAKE MY DAY! can you say impeachment. He is conniving but no guts to be “in our face” that much.

tim c on July 29, 2010 at 9:03 PM

That last post of mine needs to be read in the same tone of voice that Hicks used when he explained Terminators to Sarah Connor.

Purple Fury on July 29, 2010 at 9:03 PM

HCR, carbon regulations via the EPA, immigration, card check… This is the last bite at the apple these turds are going to get for a long time and damned if they’re going to waste the opportunity.

Purple Fury on July 29, 2010 at 8:59 PM

You’re right.

Question: Can any of this garbage be un-done? If the GOP takes the House and Senate, can this negate him from signing “Executive Orders”? Can this bring to the forefront the Czars he’s appointed?

In other words, what good would a GOP takeover do at this point?

Key West Reader on July 29, 2010 at 9:03 PM

When do we get a president who is a patriot? Is that too much to ask for?

kurtzz3 on July 29, 2010 at 9:06 PM

barnone on July 29, 2010 at 8:58 PM

My version of deferred action on citizenship for illegals :

Obama test to see if you qualify for Deferred Action:
1) Do you think Americans and whites are racists ?
2) Do you think Obama is God?
3) Did you vote for Obama in the last election?
4) Are you a member of a Union?

If you answered Yes to any 1 of above , you qualify .

barnone on July 29, 2010 at 8:58 PM

macncheez on July 29, 2010 at 9:07 PM

When do we get a president who is a patriot? Is that too much to ask for?

kurtzz3 on July 29, 2010 at 9:06 PM

He is a patriot, just not to our country

macncheez on July 29, 2010 at 9:09 PM

Living on a Animal Farm in Brazil during 1984!!!

canopfor on July 29, 2010 at 8:48 PM

BINGO!

Inanemergencydial on July 29, 2010 at 9:13 PM

The question they’ll be asking is, how many new Spanish speaking voters will they be adding to the roles verses how many voters will they turn off, more so than they have already.

If they think stacking the electorate with millions of new paid-off voters will pay off by the time they think it will count, that’s what they’ll do. They may decide to optimize their strategy for ’12 and cut bait on ’10.

FloatingRock on July 29, 2010 at 9:15 PM

Do it. For the love of Gaia…please please please do it.

Bishop on July 29, 2010 at 9:16 PM

The Progressives are going to kill the Dem party Republic…

d1carter on July 29, 2010 at 9:00 PM

FIFY.

Rebar on July 29, 2010 at 9:17 PM

though as many as 65,000 illegal immigrants graduate high school every year in the U.S.

ok, that is just not right…

cmsinaz on July 29, 2010 at 9:18 PM

This:

Look, Allah, Ed, and all the other righty bloggers:

You must simply stop assuming that Obama is going to do or not do anything because popular opinion is against it, or because it’s politically devastating to their side.

How many stories have we seen in the last 18 months like this?

Obama doesn’t have the votes for this, he doesn’t have the votes for that, the politics are terrible, the public doesn’t want it, the polls show his popularity is tanking…

IT DOES NOT MATTER. He is a man of the left, and views himself as a transformational President. He will make the BARE MINIMUM concessions necessary to get the necessary votes to get by on meeting the absolute bare-bones minimum procedural standard.

HCR, carbon regulations via the EPA, immigration, card check… This is the last bite at the apple these turds are going to get for a long time and damned if they’re going to waste the opportunity.

Purple Fury on July 29, 2010 at 8:59 PM

Rae on July 29, 2010 at 9:18 PM

“G’ ahead, g’ ahead” — Horshack

Schadenfreude on July 29, 2010 at 9:18 PM

Basically if they think they can get away with something they do it.

If they can’t get away with it, they do it anyway if they think it helps their party.

GardenGnome on July 29, 2010 at 8:44 PM

sounds about right

cmsinaz on July 29, 2010 at 9:18 PM

though as many as 65,000 illegal immigrants graduate high school every year in the U.S.
ok, that is just not right…

cmsinaz on July 29, 2010 at 9:18 PM

Don’t worry, CM… you’re paying for them so it’s all good!

/ObamaLogic

Key West Reader on July 29, 2010 at 9:20 PM

Of course Obama is going to do this.
The media won’t report it and Obama has been shredding the Constitution since he took office.

Damn you are naive Allah.

ghost707 on July 29, 2010 at 9:20 PM

That would be his most serious overstep. The 5th amendment right of every lawful citizen is at stake. Do not ask me to be judged by anyone except my fellow peers.

pc on July 29, 2010 at 9:20 PM

Polite society may accept such an act with a frown and a sigh, but I’ve got a definite unpolite streak in me.

*Legal disclaimer: I am in no way advocating or dreaming of a Red Dawn/Mad Max/Ultimate Survivalist scenario*

Bishop on July 29, 2010 at 9:21 PM

Key West Reader on July 29, 2010 at 9:20 PM

I feel better now *sigh*

I feel like mr. spock sometime…it’s illogical

cmsinaz on July 29, 2010 at 9:23 PM

ah, but the buses rolling into PHX from California.
Kinda chilling, I thought we were all Americans, pledging allegiance to the Flag. A Union of States.
I fear for my Republic.

seesalrun on July 29, 2010 at 9:23 PM

“G’ ahead, g’ ahead” — Horshack

Schadenfreude on July 29, 2010 at 9:18 PM

I miss those days. Although everyone was poor, we stood in gas lines, had 18% interest rates, inflation, Times Square was a bordello and we all had a healthy dose of malaise (now known as Obamalaise), at least we had funny shows on TV and eachother. It was in the 70′s that the race debate came to a head and began to heal in the early to mid 80′s.

Then came the obamanation that promotes desolation.

/I miss Carter

Key West Reader on July 29, 2010 at 9:23 PM

At least they are honest about the money- if they increase deferred action paperwork they need a appropriations increase or a separate stream of funding. And they are already talking about making a unique deferred action form and fee. In fact talk of increasing/starting fees come up quite regularly in this document. Maybe that is why Hispanics are jumping the Obama ship.

Better than what HHS did with Obamacare.

journeyintothewhirlwind on July 29, 2010 at 9:24 PM

our laws are whatever the bureaucrats and the judges say they are…

anyone thinks we live in a republic or a democracy is dreaming…

right4life on July 29, 2010 at 9:26 PM

It was in the 70’s that the race debate came to a head and began to heal in the early to mid 80’s.

Then came the obamanation that promotes desolation.

/I miss Carter

Key West Reader on July 29, 2010 at 9:23 PM

theres no Reagan around today…and anyway all he did was slow the growth of the state, not reverse it…

right4life on July 29, 2010 at 9:27 PM

When he makes this pitch to the American people does he do it in his Urban dialect with a kind of Hispanic accent or in his every-other day dialect?

CTSherman on July 29, 2010 at 9:28 PM

Key West Reader on July 29, 2010 at 9:03 PM

I believe our best hope is a change in leadership and votes NOT TO FUND.

seesalrun on July 29, 2010 at 9:33 PM

I’ve seen a whole lot in the last 19 months that I never ever thought I would see. I wouldn’t put this past him either.

Eren on July 29, 2010 at 9:35 PM

Over at NRO, the USCIS’s response includes this statement:

To be clear, DHS will not grant deferred action or humanitarian parole to the nation’s entire illegal immigrant population.

Yeah, maybe not to the “entire” population… just to large segments of it (preferably the ones that will reliably vote Democrat).

Kalifornia Kafir on July 29, 2010 at 9:36 PM

God help us all.

I think if he does this – impeachment.

gophergirl on July 29, 2010 at 9:39 PM

While asylum might be out entirely, I wouldn’t be surprised if he grants some type of “temporary protected status” (scroll down to the bottom of the page) or “temporary safe haven” to those from Mexico under the guise that their home country is too violent to return to because of the cartel violence.

Just trying to figure out all the possibilities.

Desert Gardens on July 29, 2010 at 9:39 PM

Kalifornia Kafir on July 29, 2010 at 9:36 PM
purple shirts?

seesalrun on July 29, 2010 at 9:40 PM

Stay up to date on this with NumbersUSA.

My hand-delivered letter of today:

RE: Obama administration circumventing Congress on immigration

TO: Senator Harry Reid, Senator John Ensign and Honorable Dean Heller

Dear Senators Reid and Ensign, Honorable Dean Heller,

I find it simply outrageous that the Obama administration is contemplating unilateral action on illegal immigration! Behind the back of Congress, President Obama’s USCIS is proposing a massive amnesty for illegal aliens, in direct opposition to the wishes of the American people. Please see the attached page one of the USCIS memo.

Also please see the attached Zogby poll, where 56% of all Americans want strict law enforcement, 12% want mass deportations, and only 28% are in favor of mass amnesty. I’m sure you remember that the McCain-Kennedy “Comprehensive Immigration” bill with its mass amnesty was defeated in Congress THREE TIMES!

I urge all of my elected representatives to speak out and demand that Congress handle immigration, not President Obama with executive orders.

Senator Reid – please recall your frame of mind in August 1993, when you introduced your own strict immigration law enforcement bill: S. 1351 – Immigration Stabilization Act of 1993. Ah, those were the days when strict law enforcement was popular!!

Don’t give up Congress’ role in protecting our country from illegal immigration!

fred5678 on July 29, 2010 at 9:55 PM

Hannity just said he would dedicate part of his show tomorrow to this devious scheme.

slickwillie2001 on July 29, 2010 at 10:07 PM

Don’t assume he cares about the democrats. He’ll do it. Bank on it.

SouthernGent on July 29, 2010 at 10:08 PM

This opens up a Pandora’s Box of 14th amendment issues.

Let’s just cut to the chase and call for Janet Napolitano’s head, and leave out a whole lot of name calling, yelling, screaming and gnashing of teeth.

J_Crater on July 29, 2010 at 10:10 PM

I think my comprehensive immigration reform ‘shop applies again.

BKeyser on July 29, 2010 at 10:15 PM

I’m a bit confused. Why would we assume that an impeachment would have any effect? If he’s shredding the Constitution what good would it do?

Oh yea…and Bishop’s disclaimer.

Yellowdog12 on July 29, 2010 at 10:19 PM

AP: You assume he cares about logic and doing the politically correct thing. He doesn’t. He is all about ideology.

crazywater on July 29, 2010 at 10:26 PM

So. You didn’t believe the rumors because of the logic, but now that you find that the rumors are true, you believe that MORE of the SAME logic applies.
Am I correctly understanding your logic here?

Randy

williars on July 29, 2010 at 10:42 PM

ember, socialized medicine is here to stay, just like every other entitelment.

Go for it.
I beg you.

NeoKong on July 29, 2010 at 9:01 PM

Did you also beg the dems to go for Obamacare? November or no November socialized medicine is here to stay, just like every other entitlement, it will just get bigger no matter who is in power.

neuquenguy on July 29, 2010 at 10:50 PM

it will just get bigger no matter who is in power.

neuquenguy on July 29, 2010 at 10:50 PM

And less effective. Trust me.

OldEnglish on July 29, 2010 at 10:56 PM

Why wouldn’t Congress be infuriated at such usurpation of their power?

OldEnglish on July 29, 2010 at 10:59 PM

Mandamus

txmomof6 on July 30, 2010 at 12:10 AM

Naivete is defined in the belief that 80% of America yelling NO at the top of their lungs while shaking the gates to the Whitehouse might sway Barack Obama from providing Executive protection for illegal aliens.

Our founders toiled endlessly in the effort to outlaw monarchy, something, along with our Bill of Rights, this President thinks belongs in the trash can.

Speakup on July 30, 2010 at 12:21 AM

Way late I know…

Obama doesn’t care about elections. He cares about destroying the country.

Allah and others just can’t get around the fact that Obama is not Clinton. He doesn’t view the world from a “what can I do to increase my poll numbers” perspective, he views the world from a “what can I do to further enable communism to take hold in the USKKKA”.

angryed on July 30, 2010 at 6:50 AM

The best thing the left can do at this point to mitigate losses in November

Who says that’s what he wants? I’m sure he wants what every first term president wants – a second term. I imagine a Republican congress to act as a foil would be quite useful in that regard. It could also take a lot of the energy and sense of urgency out of the opposition.

RINO in Name Only on July 30, 2010 at 6:50 AM

RINO in Name Only on July 30, 2010 at 6:50 AM

See my post above yours.

You can’t apply conventional logic to Obama.

angryed on July 30, 2010 at 6:59 AM

Hey, it’s what rulers do. Rule. Why should Dear Leader be constrained by an outdated, decadent system of government?

ncborn on July 30, 2010 at 8:19 AM

“it would generate among righties and independents”

As the saying goes “if all you have is a hammer, everything looks like a nail”

Remind me, what is a dictatorship?

DSchoen on July 30, 2010 at 2:49 PM

Go to glennbeck.com and download the Weather Underground manifesto of 1969 and READ IT! It’s in PDF – only 28 pages of filth and brutality. Communism at it’s very shining hour with an eye to the destruction of the Republic. If you want to understand this wretch of a President and his entourage, the answers are there. He is circumventing Congress and The Constitution at every turn by using this manifesto and Alinskyism.

LarryG on July 30, 2010 at 4:26 PM