{"id":3243,"date":"2013-04-26T15:29:23","date_gmt":"2013-04-26T19:29:23","guid":{"rendered":"http:\/\/live-immigrationreform.pantheonsite.io\/?p=3243"},"modified":"2018-12-28T16:07:41","modified_gmt":"2018-12-28T21:07:41","slug":"part-iii-gang-of-eight-breaks-promise-to-bar-criminals-from-receiving-amnesty","status":"publish","type":"post","link":"https:\/\/www.immigrationreform.com\/2013\/04\/26\/part-iii-gang-of-eight-breaks-promise-to-bar-criminals-from-receiving-amnesty\/","title":{"rendered":"Part III: Gang of Eight Breaks Promise to Bar Criminals from Receiving Amnesty"},"content":{"rendered":"
A close analysis of the Senate Gang of Eight\u2019s Amnesty bill (S.744) shows that its authors have broken their promise to bar criminals from receiving amnesty, called \u201cregistered provisional immigrant\u201d status (RPI status).<\/p>\n
At first, S.744 appears to prohibit most criminals from receiving amnesty under the bill. The bill provides that an illegal alien is ineligible for RPI status if he\/she:<\/p>\n
However, when one looks at the details, one sees that these bars do not apply a wide range of criminal conduct. First, the language provides that aliens with certain \u201cconvictions\u201d are ineligible for RPI status. This means that anyone charged with the offense and released on bond is still eligible. It also means that juvenile aliens who committed egregious offenses will not be barred from eligibility, as they are technically \u201cadjudicated delinquent\u201d not \u201cconvicted\u201d of a crime. Finally, barring aliens with convictions for certain crimes ignores the fact that many individuals will \u201cplea down\u201d their offenses in order to turn a felony conviction into a misdemeanor conviction or a misdemeanor conviction into a misdemeanor conviction with a lesser penalty.<\/p>\n
Next, the bill contains a glaring loophole: it allows DHS to waive misdemeanor convictions for the purposes of determining eligibility for amnesty. Indeed S.744 allows DHS to waive multiple misdemeanor convictions.(Sec. 2101, p.65) And while most people\u2019s knowledge of misdemeanor offenses relates to traffic violations, misdemeanors span a wide range of activity. In Florida, for example, misdemeanor crimes include:<\/p>\n
Similarly, In Texas, misdemeanor crimes include:<\/p>\n
In New York, misdemeanor crimes include:<\/p>\n
S.744 also authorizes DHS to waive a broad array of criminal behavior for the purpose of determining admissibility, including convictions for:<\/p>\n
Also for the purpose of determining admissibility, S.744 allows DHS to waive the following conduct, which does not require a conviction in order to make an alien inadmissible:<\/p>\n
When the Senate Gang of Eight unveiled S.744 at a press conference April 18th, they made repeated promises that illegal aliens applying for amnesty would have to undergo a criminal background check. While that may be true, a background check is only meaningful if aliens who committed serious crimes are actually barred from receiving amnesty and being placed on that pathway to citizenship. The specific text of the S.744, combined with its numerous waiver provisions, demonstrate that criminal illegal aliens will indeed be eligible for amnesty under the Gang of Eight plan.