Posted by William A. Jacobson Saturday, June 22, 2013
One of the things I learned from Obamacare was that each section of the law could take many hours to understand because of cross-references to other sections and other laws. Amendments make the problem even greater.
Put that problem into a 1000+ page bill, and it is almost impossible to uncover all the mischief — intentional and unintentional — buried in the language, something we are learning after the fact with Obamacare.
The rush to pass the Gang of 8 1000+ page bill is another example. As if that weren’t bad enough to start, Sen. Bob Corker last night unveiled his 1190-page amendment, and Harry Reid is rushing the first test vote to Monday. We have seen this movie before.
There is one provision which has not received a lot of press.
Yesterday Dana Loesch had a series of tweets about a section of the original Gang of 8 bill giving the Secretary of Homeland Security almost complete discretion to waive all other provisions of the law as to removal, deportation and inadmissibility.
It took me many hours to run that down and
confirm. And I have done so.
This is extremely dense material. I’ve extracted and uploaded sections 3214 and 3215 from the May 28 version of the bill (the most recent listed on the Thomas
website) along with the Corker amendment (3214 and 3215) as to these sections (which did not change anything relevant to this discussion) so you can read them yourself. The text references 8 U.S.C. 1182.
Here is the key provision, as part of section 3214(b) dealing with family unification. The section gives the Secretary discretion to waive the provisions as to removal, deportation and inadmissibility of illegal aliens not just for family ”hardship” (which itself is huge) but for any reason the Secretary deems in the ”public interest.”
I have highlighted and marked the key portion of the section to point out key wording:
The section goes on to take discretion away from the Secretary for aliens who have committed certain specified crimes, but otherwise the Secretary can do pretty much whatever she wants in terms of waiving removal or deportation of a person attempting to enter the country or in the country illegally based on her determination of the “public interest.”
There are similar provisions in section 3215 as to admissibility into the United States.
The section not only guarantees that a single family member being lawfully in the country will allow the full immediate family to stay, but it also will provide the Secretary — Janet Napolitano now — with broad discretion to allow anyone to stay for almost any reason.
I’m not sure if somewhere in our current immigration laws the Secretary has such discretion. Regardless, the Gang of 8 bill and the Corker amendment are supposed to provide public guarantees that the laws will be enforced as written, but in fact there is a loophole large enough to drive a political agenda through.
There is every reason to expect this discretion to be abused to widen amnesty.
We have seen how the Obama administration unlawfully refused to enforce the immigration laws as to removal proceedings, as a federal judge found.
Now they want you to trust that they will not waive enforcement of other provisions in the name of what they deem to be the public interest.
The rush to a vote in the Senate does not allow time to fully understand all the provisions. And that’s why the rush is taking place.