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Posted Friday, July 30, 2010
WASHINGTON - The Obama administration, unable to push an immigration overhaul
through Congress, is considering ways it could go around lawmakers to allow
undocumented immigrants to stay in the United States, according to an agency
The internal draft written by officials at U.S. Citizenship and Immigration
Services outlines ways that the government could provide "relief" to illegal
immigrants - including delaying deportation for some, perhaps indefinitely, or
granting green cards to others - in the absence of legislation revamping the
|Agency weighs skirting
Congress on immigration
|By Julie Hirschfeld,
|Associated Press Writer
It's emerging as chances fade in this election year for a measure President
Barack Obama favors to put the nation's estimated 12 million undocumented
immigrants on a path to legal status, and as debate rages over an Arizona law
targeting people suspected of being in the country illegally.
The 11-page internal memo, written in April to the agency's director, says:
"This memorandum offers administrative relief options to promote family unity,
foster economic growth, achieve significant process improvements and reduce the
threat of removal for certain individuals present in the United States without
It goes on: "In the absence of comprehensive immigration reform, USCIS can
extend benefits and/or protections to many individuals or groups."
The memo provoked a backlash by Republicans who called it evidence that Obama is
looking for ways of relaxing immigration policies without political consensus to
enact a new law.
"The document provides an additional basis for our concerns that the
administration will go to great lengths to circumvent Congress and unilaterally
execute a backdoor amnesty plan," said Sen. Charles Grassley, R-Iowa, who
obtained and circulated the memo. "The problem remains that if you reward
illegality, you get more of it."
Grassley led a group of conservative GOP senators who wrote to Obama in June
asking him to promise that the administration wouldn't use its authority to
"change the current position of a large group of illegal aliens already in the
United States." Click image to see photos of immigration debate AP
The Iowan's staff said the group has not received a response.
"Now we find out the truth: while saying one thing to the public, the Obama
administration is scheming to ensure that immigration laws are not enforced,"
said Rep. Lamar Smith of Texas, the top Republican on the House Judiciary
Christopher Bentley, a spokesman for the agency, said the internal document
"should not be equated with official action or policy," and represented only
"deliberation and exchange of ideas."
"We continue to maintain that comprehensive bipartisan legislation, coupled with
smart, effective enforcement, is the only solution to our nation's immigration
challenges," he said in a statement.
Still, the memo makes clear that even without such a bill, immigration officials
have identified a variety of ways to relax U.S. policy to allow more
undocumented immigrants who might otherwise face deportation to stay in the
country. Among the options outlined is expanding the use of "deferred action" -
in which the government can use its discretion to halt a deportation
indefinitely, usually for an urgent humanitarian reason.
"While it is theoretically possible to grant deferred action to an unrestricted
number of unlawfully present individuals, doing so would likely be
controversial, not to mention expensive," the memo says. Instead, officials
suggest using the option for certain groups, such as tens of thousands of high
school graduates who have been brought up in the U.S. and plan to attend college
or serve in the armed forces.
Democrats and Republicans have repeatedly tried to push through legislation -
known as the "Dream Act" - to cover those students.
"To be clear," Bentley said, the government "will not grant deferred action or
humanitarian parole to the nation's entire illegal immigrant population."
Another option included in the document is to allow more illegal immigrants to
receive "parole-in-place" status. This would let them stay in the United States
while they seek legal status.
The document discusses applying both those options to spouses of active duty
military personnel, for instance.
It also suggests expanding the definition of "extreme hardship" for exceptions
in immigration cases — a prospect that alarmed critics who said it could lower
the bar so virtually any undocumented person could meet it.
And the memo suggests allowing people who entered the United States illegally
and were granted so-called "Temporary Protected Status" because of a crisis in
their home countries to stay and get permanent legal residency.
The memo notes that this would be a change in long-standing policy, and says,
"Opening this pathway will help thousands of applicants obtain lawful permanent
residence without having to leave the U.S."
Some proponents of revamping the immigration system said the document simply
points out ways the agency can fix old and outdated practices that separate
families and hurt workers and employers.
Writing on the Immigration Policy Center's blog, Director Mary Giovagnoli, a
former immigration official, said, "Good for you, USCIS, for trying to do what
it can within that broken system."
Copyright © 2010 The Associated Press
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