The architect of the infamous “Gang of Eight” amnesty plan in 2013 is suggesting Democrat Joe Biden and his Department of Homeland Security (DHS) pick Alejandro Mayorkas use the Chinese coronavirus crisis to grant amnesty to all 11 to 22 million illegal aliens living in the United States.
In an op-ed in The Hill, immigration attorney Leon Fresco suggests Biden and Mayorkas use the coronavirus crisis as a path for granting legal status to all illegal aliens in the U.S. via the Temporary Protected Status (TPS) program.
TPS is a quasi-amnesty for otherwise illegal aliens created under the Immigration and Nationality Act of 1990 (INA) that prevents the deportation of foreign nationals from countries that have suffered through famine, war, or natural disasters. Though it was originally intended to be temporary, TPS for a wide array of foreign nationals has been in place for decades.
Fresco suggests Biden and Mayorkas can use TPS to their advantage, granting an amnesty that the former vice president has repeatedly promised on the campaign trail:
A proposal available under the INA that could address the flux of DACA recipients would be that, on day one of a new administration, the president would grant TPS to every foreign national without status who was present in the United States prior to March 13, 2020, which was the date the current administration declared a national emergency regarding the coronavirus outbreak. The current administration has already laid the groundwork for such a global granting of TPS by having had the director of The Centers for Disease Control and Prevention (CDC) issue a memorandum pursuant to Title 42 Section 265 of the U.S. Code that bans foreigners from entering the United States by identifying “the existence of a communicable disease” throughout the world and stating that “COVID-19 is a global pandemic that has spread rapidly.” [Emphasis added]
This TPS announcement would allow all people already present in the United States to immediately gain 18 months of legal status, and would place many people already here on a path to gain lawful permanent residency, which they cannot now gain by virtue of being in undocumented status. It would also not be subject to being overturned by the courts given how clearly the statute permits the granting of TPS for nationals of a country where there is an epidemic, and given that the current administration itself has recognized a global epidemic in its orders banning people from entering America’s land borders due to this epidemic. [Emphasis added]
Mayorkas has not said if he would implement such a TPS as DHS chief.
Fresco was appointed by former Acting DHS Secretary Kevin McAleenan to the agency’s Advisory Council that provides “the Secretary real-time, real-world, and independent advice to support decision-making across the spectrum of homeland security operations.”
Biden has vowed to pass an amnesty that would legalize the roughly 11 to 22 million illegal aliens living in the U.S. with millions immediately entering the workforce to compete for jobs against Americans and legal immigrants.
Biden has promised to free border crossers into the nation’s interior while they await hearings, give taxpayer-funded healthcare to illegal aliens, and restart welfare-dependent legal immigration. Providing taxpayer-funded healthcare to all illegal aliens would likely drive up costs for American taxpayers at an estimated $23 billion to $66 billion every year.
John Binder is a reporter for Breitbart News. Follow him on Twitter at @JxhnBinder.