New Obama Rule Would Allow Some Illegal Immigrants to Sidestep Law

January 4, 2013

END-RUN? Critics say Mr. Obama is attempting to circumvent immigration law

DENVER – The Obama administration quietly issued a new rule this week designed to ease the pathway to legal status for many of the estimated 11 million illegal immigrants by allowing them to sidestep a legal requirement that they apply for a visa in their home country and wait – the same painstaking, time consuming and expensive process that millions of foreigners seeking to legally enter the U.S. each year endure.

Under the terms of the Clinton-era law, illegal aliens must return to their country of origin to apply for a visa, and remain outside the United States for specified period of time before they can legally re-enter the country. That period of time is tied to how long the alien was unlawfully present in the U.S..

But that is slated to change under the new Obama rule, which would allow as many as 1 million illegal aliens to cut to the proverbial front of line in their quest to gain permanent legal residency inside the United States.

Beginning in March, illegal immigrants meeting certain criteria would be permitted to apply for a special “waiver” allowing them return home only to pick up their visa before returning to the U.S. – evading the legal requirement barring their immediate re-entry.

“[I]t will become easier for undocumented immigrants who are immediate relatives of a U.S. citizen to remain in this country while they pursue legal permanent residency,” Elizabeth Llorente of Fox News Latino wrote Wednesday.

“Undocumented immigrants applying for the waiver still must leave the United States at some point to finish the process at a U.S. consular office in the country of their citizenship,” Llorente added. “But now their time outside of the United States is expected to last only days or a few weeks.”

This is the second time in recent months that the Obama administration has courted controversy with executive action on immigration.

In June, the White House directed federal immigration officials to disregard certain provisions of federal law and stop deporting younger illegal immigrants who meet certain criteria. That move — expected to affect some 800,000 illegal aliens – prompted denunciations from many lawmakers, who criticized the move as an end-run around Congress.

“If President Obama wants to do something about illegal immigration then I challenge him to submit a proposal to Congress where it can be debated.” Rep. Cory Gardner (R-Yuma) told The Observer at the time.

Advocates for stricter immigration enforcement were equally critical of Wednesday’s announcement.

“I’m not sure why Congress is even needed,” deadpanned former Congressman Tom Tancredo. “The lawmaking process is unnecessary in Obama’s America.”

The Department of Homeland Security did not immediately address the procedural and legal questions raised by critics.

“This final rule facilitates the legal immigration process and reduces the amount of time that U.S. citizens are separated from their immediate relatives who are in the process of obtaining an immigrant visa,” said Homeland Security Secretary Janet Napolitano according to a department press release.

President Obama has indicated that he will press Congress to act on a proposal in the coming weeks that would grant legal status to many of the estimated 11 million illegal immigrants currently present in the U.S..

Comments made by visitors are not representative of The Colorado Observer staff.

7 Responses to New Obama Rule Would Allow Some Illegal Immigrants to Sidestep Law

  1. Dave Francis
    January 4, 2013 at 5:24 pm


    If President Obama is going to use his presidential concessions to pass new laws allowing millions of illegal aliens to stay and the Congress going along with this outrageous policy issue then we have no alternative as taxpayers to fight back. To return some commonsense to the hierarchy in the Senate and House we must demand the political parties re-energize the LEGAL WORKFORCE BILL (H.R.2885), that exerts mandatory E-Verify on businesses giving them no excuse for using unauthorized workers, when 24 million Americans have no employment. Harsh examples should be publicized of prosecutable accountability with prison sentences applied. The U.S. populace is forced by court orders to financially support foreign nationals once they slip through our border or the other 46 percent who just fly in from other countries misrepresenting themselves as tourists. Another bill that has been swept under the rug by both political parties is the smuggling of unborn children into the United States. This 14th Amendment misconception has been applied to every new child here, but has been distorted from the original intent for the freedom of slaves to inherit citizenship after the Emancipation Declaration.

    For decades automatic baby citizenship has been drowning this sovereign nation in the most expensive aspect of illegal immigration, which is costing well over a hundred billion dollars annually, which is a conservative statistic; much of this debt has been unloaded on the 50 states.. It is a unique scheme that once an undetected pregnant woman arrives here, that the taxpayer becomes the breadwinner forever. The United States proffers food stamps, aid to these dependent families and free education to citizen children of illegal parents. The Mothers come for free baby delivery and then collect a lifetime of welfare allowances. The BIRTHRIGHT CITIZENSHIP BILL (H.R. 140) can end citizenship for babies and this will also retire “FOOTHOLD CHAIN MIGRATION “of bringing in even other family members that in most instances become public assistance charges. This tax money should be spent on citizens and legal residents for their safety-net. Illegal aliens are not immigrants and should not justify being called anything but that term, even though the well-oiled Liberal Progressives has determined that?

    • oppagangnamstyle
      January 8, 2013 at 11:48 pm

      You may be right in some of the things you’ve said but immigrants legal or illegal are still human. You say that the “tax money should be spent on citizens and legal residentes” but tell me what happens to the illegal aliens tax money? They get them taken out of their paycheck and dont get anything back. It is true that nany that have children can apply to get foodstamps and what not but what about those that dont have any of that and contribute to the economy of the country and cant even do their own taxes. Why blame the illegal when there are so many citizens and legal residents who dont want to work but instead apply for welfare, dissability and housing, why dont blame them for bringing the economy down but blame the illegal alliens when they are the ones working without getting anything back. As a citizen and a taxpayer myself I still cant believe that there are many racist people out there. I am pretty sure that if it was the other end of the stick you wouldnt be talking like this.

      • apple
        January 10, 2013 at 6:50 pm

        I agree 100% with oppagangnamstyle! WE ARE ALL IMMIGRANTS OF THIS COUNTRY!

        • Aislinn
          March 6, 2013 at 11:06 am

          The view point offered by oppangangnamstyle is one of ignorance, and a non sequitur argument. For apple to say that we are all immigrants of this country is almost comically ridiculous. We are NOT all immigrants of this country. If you’re talking about ancestry, that depends on where your family came from. A lot of people that came over hundreds of years ago would have been considered on refugee status. And try telling Native Americans they’re immigrants. Further more, that’s like every German saying “We all helped promote the holocaust”, no, the Nazi party in the 30′s and 40′s did, no Germans today had any part of that. Or saying that “All African Americans today deserve apologies from white Americans because of slavery.” No, because no African Americans alive today were slaves, nor were any white Americans alive today slave owners. If this is your birth country, you’re not an immigrant here. It’s that simple. As for legal citizens draining the economy, that’s very true. But Mr. Francis wasn’t saying anything about citizens mooching off the system, so to call him racist makes you look ignorant. That was irrelevant to what he was saying. Those government aid programs are not there for ANYONE to make a substantial living off of. If they are needed, they should only be a temporary assistance until a legal citizen can find a job and support his or her family. What he was saying is that it’s not right for people who aren’t even legal citizen of our country to use those programs designed for people who are here legally. And for it to be so “selfless” of them to have taxes taken out of their paycheck when they don’t get anything back, they are currently breaking the law by working illegally in our country. Of course they wouldn’t get anything back. There are millions of unemployed citizens who do have a right to work that are not able to get jobs because illegal aliens are here willing to work for dollars under minimum wage. It’s not right.

          • Kay
            August 12, 2013 at 10:39 am

            I agree with Aislinn. We are not all illegal. This is our country and the illegals are here illegally breaking our laws. They want everything the American people have but do not want to work for it. If they really wanted to make this country their own home then they would apply correctly and wait the turn. Return to their country and apply. I cannot have sympathy for them because they are breaking the law. If we did this sort of action in their country we would be prosecuted. I feel they should be returned and live in their own country so they could support the country they were born in. Not ours. They are not American citizens.


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