New Waiver Shields Sponsored Illegal Aliens From Penalties

Written by Jessica Vaughan

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In the latest installment of the Obama administration's "amnesty by executive decree" scheme, DHS has announced the Waivercreation of a new waiver that will enable an unknown number of illegal aliens who have married U.S. citizens or who have moved here illegally to join naturalized family members to avoid penalties enacted by Congress in the mid-1990s.


The so-called Provisional Unlawful Presence Waivers have been described by administration officials and the press as a measure to help families. What's wrong with that? Several things; this move is bad policy and bad principles.

Since 1996, those who have lived here illegally for more than six months are supposed to be barred from return for up to ten years, if they leave the country. Congress created a waiver to this bar if it would cause "extreme hardship" to an American citizen.

In addition, illegal aliens are not allowed to adjust to green card status from within the United States. Just like other sponsored immigrants, they have to apply for a visa in their home country, where they are expected to prove identity and credibility, demonstrate that they will not be dependent on social services, get a medical clearance from an approved local doctor, and pass a basic background check.

Illegal aliens who marry U.S. citizens and other legal residents, or who have illegally joined family members with legal status, face a tough choice (that results from their original choice to violate immigration laws): either continue to live here illegally (with little chance of deportation unless you commit a crime) or return home to legalize and face a possible bar to re-entry. When applicants choose to go the legal route, if they are found by the consular officer to be otherwise eligible for the green card, about 80 percent of the time they will receive the "extreme hardship" waiver for their prior illegal presence, although it usually takes several weeks for processing.

Of course, the media never discuss the people who get the waivers, but there have been a lot of sob stories about the minority of illegal alien applicants who could not demonstrate enough hardship and had to wait out the bar in their home country (or continue living here illegally).

There is some legitimate debate about whether the bar is effective in deterring illegal immigration, whether those who are related to U.S. citizens should get more of a break, and whether those who broke immigration laws should be excused from that and allowed to jump in line ahead of those who follow the rules. But Congress wrote the law, and only Congress has the authority to change it. Any change would be a compromise that tries to address all legitimate concerns.

Here are some of the other problems I see with the new waiver:

Jessica M. Vaughan serves as Director of Policy Studies for the Center for Immigration Studies, a Washington, DC-based research institute that examines the impact of immigration on American society and educates policymakers and opinion leaders on immigration issues.  Read more on her blog.





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