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Napolitano: DHS Authorizing Illegal Aliens to Work in U.S
– by Edwin Mora, CNS News, October 19, 2011

Homeland Security Secretary Janet Napolitano told the Senate Judiciary Committee on Wednesday that under the administration’s policy of exercising “prosecutorial discretion” in the enforcement of the immigration laws, her department is currently authorizing some illegal aliens to work in the United States.

Sen. Charles Grassley (R-Iowa), the ranking member of the Judiciary Committee, asked Napolitano: “According to the information from your department, some individuals who are given relief will obtain work authorizations. So people with no right to be in the country will be allowed to work here. Is that correct?”

Napolitano said: “Well, senator, since around 1986 there has been a process where those who are technically unlawfully in the country may apply for work authorization. This goes to CIS [Citizenship and Immigration Services]. It’s not an ICE [Immigration and Customs Enforcement] or CBP [Customs and Border Protection] function. And those cases are reviewed by CIS in a case-by-case basis. So there’s no change in that process. Like I said, that goes back to the mid-80s that is contemplated now.”

Sen. Grassley then asked, “But yes, some of them could have an opportunity to work here even though they are here illegally?”

“Well, that happens now, senator,” said Napolitano.

The three agencies she mentioned are all components of DHS.

Although Napolitano did not specify what 1986 policy she was referring to in her response to Sen. Grassley, President Ronald Reagan signed the Simpson-Mazzoli Act into law in November of that year. The act applied to illegal aliens who requested a change of status within 18 months of the law’s passage and who had come into the United States prior to Jan. 1, 1982, and had resided in America since that time.

According to the latest figures from the Department of Labor, the national unemployment rate is 9.1 percent and the number of unemployed persons has reached at least 14 million.

In a June 17 memo, ICE Director John Morton ordered federal immigration officials to use “prosecutorial discretion” in deciding which illegal aliens to remove from the country.


On Tuesday, the Obama administration announced that it removed a record 396,906 individuals in fiscal year 2011, which ended on Sept. 30. That number is about 3,000 below the 400,000 immigrants that congressionally allocated resources allows DHS to remove.

The nearly 397,00O illegal aliens removed in fiscal 2011 includes 216,698 (55 percent) individuals who were convicted of felonies or misdemeanors.

In the course of today’s hearing, Sen. Grassley and Sen. Jeff Sessions (R-Ala.) accused Napolitano of inflating the numbers.

Napolitano subsequently acknowledged that the fiscal 2011 removal numbers include immigrants deported in fiscal 2010. The reason for that, according to the secretary, is that DHS waits until the individual is verified to have left the country before counting them as a removal.

Secretary Napolitano did not specify how many of the FY 2011 removals were from FY 2010.

However, Sen. Sessions said, “I’m told that ICE carried over from last year 19,000 removals and they’re counting them this year, and it’s sort of a gimmick to making the removals look higher than they are.” (— Continued ).

Janet Napolitano and her boss, Barack Obama, are sworn by oath of respective office to uphold, enforce and defend the Constitution of the United States of America. They are not entitled like monarchs to pick and chose portions or parts of the Constitution to reject or avoid, not by their own oaths, and yet they do so.

“Selective prosecution” of crimes literally means selecting parts or portions to enforce while abandoning, ignoring others and “selectively” (subjectively) applying our laws to individuals in a prejudicial fashion. Contrary to this, our Constitution provides (and requires) that our laws be applied equally to all, not “selectively” to one and not another based upon a prejudicial process of holding one or some responsible for crimes while dismissing others for the same crimes for whatever reason. “Equal protection under the law” means, then, equal responsibility for the penalties of crimes as to all individuals who engage in the same crimes, and, to no one’s news, illegal immigration is a crime.

It is this destructive whimsy by people hired by our nation to provide a job in service to our Constitution that the individual American finds very difficult to take seriously, particularly when citizens are held to a higher and more exacting level of “prosecution” if/when laws are violated, while illegal aliens, to the contrary, are indulged in their crimes by people such as Barack Obama and Janet Napolitano (among many others among the Obama Administration as also Democratic Party).

More decrepitly, Napolitano and Barack Obama attempt to rationalize their “selective prosecution” misdeeds based upon the Simpson-Mazzoli Act, which Ronald Reagan signed into law way back in 1986.

The (1986) act applied to illegal aliens who requested a change of status within 18 months of the law’s passage and who had come into the United States prior to Jan. 1, 1982, and had resided in America since that time.

The Simpson-Mazzoli Act ALSO contained a short-lived offer of amnesty for illegal aliens who had a few years after 1986 to apply for legitimacy — if they didn’t apply in the limited few years after 1986, they were not eligible, the offer of amnesty no longer existed (read more here). Perhaps Napolitano and Obama assume no one will notice they’re using as a defense for their undefensible set of behaviors (amounting to amnesty for the majority of illegal aliens) an expired term for conditions that no longer exist, as they also appear to be relying on the fact that “the math” they’re using to boast about their record of deportations of illegal aliens is fraudulent, fraudulent as in, “bad math” or the boasting of figures based upon irrational quantification.

If increased funding is necessary for the Department of Homeland Security to deport all illegal aliens — to do their job and honor the oaths of their principals — then ask Congress for such, but note that Napolitano isn’t doing that, she’s just rattling off a hand of nonsense and hoping you don’t see her other hand under the table.

The Simpson-Mazzoli Act also includes this, though oft-overlooked if not outright ignored, and the portion of the Act that conveyed promise to American citizens yet which has been abused to our and our nation’s condemnation:


The responsible agency for the enforcement of IRCA is the INS. Under the employer sanctions provision of IRCA, employers who hire aliens not authorized to work in the United States are subject to fines ranging from $250 to $10,000 for each unauthorized alien. Any employer who shows a persistent pattern of hiring unauthorized aliens risks a maximum 6-month prison sentence. Every employer, therefore, is required to verify that all employees hired after December 1, 1988, are eligible to work in the United States. A number of State employment security agencies (employment services) screen applicants and refer only those who have documents acceptable for a valid Form I-9.


All employers are required to verify that each employee hired after 1988 is eligible to work in the United States. There are fines ranging from $250 to $10,000 for each unauthorized alien and a maximum 6-month prison sentence if violator demonstrates a persistent pattern of hiring unauthorized aliens.

This means that it continues to be illegal to employ illegal aliens in the U.S. by U.S. enterprises. Illegal means “illegal” not legitimate, even though Janet Napolitano and Barack Obama appear to think the laws of this land are theirs to monkey with, for fun, pleasure and/or destruction of this nation.

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