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‘Unconstitutional’: Biden’s Latest ‘Amnesty’ For Illegal Aliens Likely Facing Court Challenges

Charlie Kirk Staff

06/19/2024

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‘Unconstitutional’: Biden’s Latest ‘Amnesty’ For Illegal Aliens Likely Facing Court Challenges

President Joe Biden announced an executive order on Tuesday that could potentially grant amnesty to more than 500,000 undocumented immigrants in the United States, but it immediately raised concerns about its constitutionality.

Speaking Tuesday at a White House event commemorating the 12-year anniversary of the Deferred Action for Childhood Arrivals (DACA) policy, President Biden unveiled an executive order outlining a plan to provide deportation protection, work permits, and a pathway to legal status for hundreds of thousands of undocumented immigrant spouses. To be eligible, individuals must have lived in the U.S. for at least 10 years, be legally married to a U.S. citizen, and receive final approval from the Department of Homeland Security (DHS), the Daily Caller reported.

The order grants illegal immigrants three years to apply for permanent residency, allowing them to stay in the U.S. and obtain work authorization.

But similar to DACA, the action is expected to face legal challenges from conservative groups and immigration groups that argue for strict enforcement of existing laws. They will no doubt claim that the executive order is unconstitutional and improperly interprets its underlying statute.

An attorney for the Immigration Reform Law Institute informed the Daily Caller News Foundation that they are currently identifying potential legal challenges. America First Legal, a conservative legal organization led by former Trump adviser Stephen Miller, pledged on Tuesday to take legal action against the order.

“This is nothing but an attempt to create an amnesty by abuse of the parole authority,” Matt O’Brien, director of investigations for the Immigration Reform Law Institute (IRLI) and a former immigration judge, told the outlet, which added:

The maneuver the Biden administration is using to grant this mass amnesty is an authority known as “parole-in-place.” The president will use parole-in-place to remove obstacles in U.S. law that prevents noncitizen spouses who entered the country illegally from obtaining green cards without leaving the country, offering them a pathway to permanent legal status.

Under current law, an illegal immigrant can apply for legal status after they have married a U.S. citizen, but they are required to leave the country in order to move forward with the process. Under Biden’s expansion of parole-in-place, those noncitizens will be allowed to wait out the application process while remaining in the country.

This move is blatantly unconstitutional, according to many immigration hawks. They argue that the order usurps congressional authority by using a maneuver intended to be extremely limited in scope and applying it to a massive group of individuals.

“Parole is intended to be very narrow, allowing inadmissible aliens to enter on a temporary and case-by-case basis only,” Joey Chester, communications manager for the Federation for American Immigration Reform, told the outlet. He added: “Parole-in-place has no basis in law and rewards those who broke U.S. immigration law. These illegal aliens will get work permits, green cards, and a path to citizenship – sending a message around the world that if you cross our borders illegally and stay here long enough, you will eventually get amnesty.”

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Charlie Kirk is the Founder and President of Turning Point USA, a national student movement dedicated to empowering young people to promote the principles of free markets and limited government.

Charlie is also the host of “The Charlie Kirk Show” podcast, which regularly ranks among the top-10 news shows on Apple podcast news charts, and is the host of the nationally syndicated daily radio show on the Salem Radio Network live from 12 - 3 PM ET.
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