Backdoor Amnesty for Illegal Aliens in 2020 NDAA

While many Americans have been led to falsely believe that the impeachment actions in Washington, D.C., have log-jammed the U.S. Congress, this belief is far from the truth. The impeachment news has been used to create a smokescreen that has suppressed much of the news coming out of Washington, D.C., regarding other nefarious actions that are going full-speed ahead behind the smokescreen.

Thanks to alert news reporting by Breitbart, a whistle was blown on a section of the National Defense Authorization Act for Fiscal Year 2020, also known as the NDAA, which was signed into law by President Trump last Friday. This section, along with numerous other sections, was included in the final version of the NDAA bill, but wasn’t in the bill as introduced in the House as H.R. 2500 nor was it in the bill as introduced in the Senate as S. 1790 in June. As Breitbart reported on December 20, the 2020 NDAA “contains a camouflaged provision allowing any U.S. president to amnesty millions of illegal immigrants.”

The odious section of the bill, Section 1758, is hidden under a deceptive title.

SEC. 1758. PAROLE IN PLACE FOR MEMBERS OF THE ARMED FORCES AND CERTAIN MILITARY DEPENDENTS.

(a) IN GENERAL — In evaluating a request from a covered individual for parole in place under section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)), the Secretary of Homeland Security shall consider, on a case-by-case basis, whether granting the request would enable military family unity that would constitute a significant public benefit.

(c) COVERED INDIVIDUAL DEFINED — In this section, the term ‘‘covered individual’’ means an alien who—

(1) is a member of the Armed Forces;

(2) is the spouse, son, or daughter of a member of the Armed Forces;

(3) is the parent of a member of the Armed Forces who supports the request of such parent for parole in place; or

(4) is the widow, widower, parent, son, or daughter of a deceased member of the Armed Forces.

This is not only an amnesty provision for the illegal aliens who have slipped by the lax enforcement of citizenship in the military recruitment process and managed to enlist in our armed forces, but also for some of their relatives. Note also how there is no language in the wording requiring these relatives of illegal aliens in our military to be physically residing in the United States. This could add another level of difficulty to our immigration enforcement problems as we find a pathway to citizenship being defined for people who have never set foot on American soil and their pathway to citizenship is based solely on being related to an anchor relative who entered this country illegally and illegally joined our armed forces.

It might also add another potential problem to our already-serious election integrity problems. Would these relatives of illegal aliens, who have never set foot on American soil, become American citizens by using this as a pathway to citizenship? Would they then become eligible to vote under the Uniformed and Overseas Citizens Absentee Voter Act? That unconstitutional law should be repealed because the U.S. Constitution doesn’t grant that power to the federal government. The potential for future problems in our elections adds another good reason for the U.S. Congress to repeal this section of the 2020 NDAA bill.

This is also a sad commentary on the failure to protect the Second Amendment rights of law-abiding citizens, especially those in cities such as Chicago and New York City, whose rights to bear arms are being denied while illegal aliens are wearing U.S. military uniforms and some of them are wearing guns while on their jobs in the military.

Another serious problem with this bill is that it puts the Department of Homeland Security in a role of protecting illegal aliens from being prosecuted rather than protecting our borders from illegal aliens.

This amnesty for illegal aliens provision that was sneaked into the 2020 NDAA bill may appear to be small and directed to be used on a relatively small and currently favored segment of the population (military personnel), but Beitbart quoted Andrew Arthur, a resident fellow in law and policy for the Center for Immigration Studies, as saying, “You can expect it to get much, much bigger and blossom into a full grown amnesty at some point during a future administration.”

NDAA bills are considered to be “must pass” legislation. These, and many other “must pass” bills in Congress, have been used in the past as a vehicle for “riders” to be slipped into bills and passed into law by being part of bills so big and complex that presidents and congressmen don’t have time to read them even if they have the inclination to do so. It is doubtful that President Trump would have signed this bill into law had he known of this dirty trick rider that was sneaked into the 2020 NDAA.

Clarification: After being published, this aritcle was updated to include the fact that Presidenet Trump signed the NDAA into law. Also, the language in the amnesty provision as passed by the House was replaced above with the exact language that was enacted into law, though there was no change in the substance of the amnesty provision.