Smith: Backdoor Amnesty Hurts American Workers

For Immediate Release November 17, 2011

Contact: Jessica Baker, (202) 225-3951

Smith: Backdoor Amnesty Hurts American Workers

Washington, D.C. – The Obama administration today has moved forward with its plan to implement backdoor amnesty through administrative action.  In August, the Department of Homeland Security (DHS) established a working group to begin a case-by-case review of illegal immigrants in removal proceedings and with a final order of removal to determine if those individuals should be removed at the agency’s discretion.  Today’s announcement implements the working group’s recommendations. 

House Judiciary Committee Chairman Lamar Smith (R-Texas) issued the following statement criticizing the Obama administration’s decision to move forward with administrative amnesty.

Chairman Smith:  “The policies put forth today by political appointees at the Department of Homeland Security show that its ‘working group’ is only working for illegal immigrants.  The administration’s decision to move forward with backdoor amnesty could mean jobs, but not for unemployed Americans. This massive administrative amnesty to illegal immigrants could instead allow illegal immigrants to receive work authorization and could put more Americans on the unemployment rolls.  We know that when this administration issues deferred action to illegal immigrants, it routinely grants 90% of them work authorization. 

“How can the Obama administration justify granting work authorization to illegal immigrants when so many American citizens don’t have jobs? Twenty-three million Americans who are unemployed or can’t find full-time work must wonder why this administration puts illegal immigrants ahead of them.  Citizens and legal immigrants should not be forced to compete with illegal workers for scarce jobs. The administration should put the interests of American workers first.”

Background on Administrative Amnesty:  In June, the Director of U.S. Immigration and Customs Enforcement (ICE) issued two memos to agency officials on how to exercise prosecutorial discretion, such as granting deferred action, deciding whom to stop, question, arrest, or detain, and dismissing a removal proceeding.  Following these memos, in August DHS announced that its newly created working group will begin a case-by-case review of illegal immigrants in removal proceedings and with a final order of removal to determine if those individuals should be removed at the agency’s discretion.

According to the new guidance released today, ICE will start reviewing all incoming and most pending cases before an immigration court.  These changes could allow millions of illegal immigrants to remain in the U.S. without a vote of Congress. In reviewing the cases, DHS political appointees have made clear that many illegal immigrants are not considered “priorities” for removal, including potential DREAM Act beneficiaries, an illegal immigrant who has had a long-term presence in the U.S., has an immediate family member who is a U.S. citizen, and/or has compelling ties to the U.S.  Today’s announcement also states that ICE may administratively close asylum cases where the immigrants makes a joint request to close.  Although it is estimated that a large percentage of asylum applications are fraudulent, these individuals are eligible for work authorization.