{"id":10757,"date":"2015-11-06T13:07:11","date_gmt":"2015-11-06T18:07:11","guid":{"rendered":"http:\/\/live-immigrationreform.pantheonsite.io\/?p=10757"},"modified":"2018-12-28T13:59:03","modified_gmt":"2018-12-28T18:59:03","slug":"leaked-dhs-memo-shows-obama-might-circumvent-dapa-injunction","status":"publish","type":"post","link":"https:\/\/www.immigrationreform.com\/2015\/11\/06\/leaked-dhs-memo-shows-obama-might-circumvent-dapa-injunction\/","title":{"rendered":"Leaked DHS memo shows Obama might circumvent DAPA injunction"},"content":{"rendered":"

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“A newly leaked internal DHS memorandum produced for an off-the-record agency conclave reveals that the Obama administration is actively planning to circumvent a federal court injunction that suspended part of last November\u2019s deferral-based amnesty initiative. The\u00a0document<\/a>, apparently prepared as follow-up from a DHS \u201cRegulations Retreat\u201d last summer, appears sure to re-ignite concerns in Congress as well as federal judges in the Fifth Circuit. The Administration has already been criticized from the bench for handing out work permits to hundreds of thousands of deferred action beneficiaries, in direct violation of a district court\u2019s order. With the Fifth Circuit Court of Appeals deciding any day now whether to deny the Administration\u2019s request to reverse that injunction, this public leak has come at a critical juncture for U.S. enforcement policy.<\/p>\n

Last June, four months after Texas federal judge Andrew Hanen\u2019s order to freeze President\u2019s DAPA and Expanded DACA programs\u2014disclosure: the\u00a0Immigration Reform Law Institute<\/a>\u00a0has filed briefs in these cases\u2014DHS\u2019s immigration policy makers apparently held a \u201cRegulations Retreat\u201d to discuss \u201cdifferent options\u201d for \u201copen market Employment Authorization Document (EAD) regulatory changes.\u201d EAD is the statutory term for work permits. From a memo recording these discussions, we now know that the Obama DHS has, rather than pausing to allow the courts to assess the constitutionality of its enforcement nullification initiatives, been gearing up to roll out one or more of four plans drawn up at the meeting, each one designed to provide EADs to millions of nonimmigrants, including those lawfully present and visa overstayers, crippling the actual employment-based visa system on the federal statute-book.<\/p>\n

The internal memo reveals four options of varying expansiveness, with option 1 providing EADs to \u201call individuals living in the United States\u201d, including illegal aliens, visa-overstayers, and H-1B guest-workers, while option 4 provides EADs\u00a0only<\/em>\u00a0to those on certain unexpired non-immigrant visas. Giving EADs to any of the covered individuals, however, is in direct violation of Congress\u2019s Immigration & Nationality Act and works to dramatically subvert our carefully wrought visa system.”<\/p><\/blockquote>\n

Continue reading the story here<\/a>.<\/p>\n