Posted on January 9, 2014

Obama’s Overreaching Military-Related Amnesty

Center for Immigration Studies, January 8, 2014

A new report from the Center for Immigration Studies examines the administration’s most recent exemption of a category of illegal aliens from immigration enforcement. This latest category, created by the Department of Homeland Security (DHS) in a November memo, directs immigration officials to grant de facto amnesty, or parole-in-place, to the illegal alien children, spouses, and parents of active military servicemen, reservists, and those who have previously served in the U.S. military.

“The president now routinely disregards the legislative process, preferring executive action as the means of expanding his amnesty agenda.  But this broad amnesty, which according to some advocates could allow tens of thousands of illegal aliens to apply for green cards and citizenship, has far-reaching implications, including security risks and fraud,” states Dan Cadman, a research fellow at the Center and author of the report.

The amnestying of a whole class of aliens without the consent of Congress violates the Immigration and Nationality Act (INA), which states that parole may only be granted “on a case-by-case basis”. The administration’s action also violates the Administrative Procedure Act (APA), which requires federal agencies to publish policy changes such as this in the Federal Register so the public may review and comment.

View the full report at:

The broad policy extends beyond its claimed objective of relieving the stress that deployed G.I.s might experience from their family members’ immigration status. The amnesty applies even to relatives of a service member who received a less-than-honorable discharge or a reservist who has only served for two weeks or has never served in a hostile theatre of operation. The memo could have limited the application of the policy, but the administration chose to draft an overreaching amnesty rather than adhere to the law of case-by-case application for parole.