Under the executive amnesty immigration action from President Barack Obama, internal administration documents show the administration is considering allowing terrorists, transnational criminals, and anyone else who wants to enter or stay inside the United States to not even answer if they’ve ever been connected with a crime.
The internal Obama administration documents, obtained by Breitbart News through a Department of Homeland Security (DHS) source, include a draft application for illegal immigrants seeking to stay in the country and future prospective immigrants seeking to the enter the country.
On the draft application, applicants for “T nonimmigrant status” or for “U nonimmigrant status” are not required to answer a series of key questions about their background. T nonimmigrant visas are for people who are petitioning the U.S. government to be considered a “victim of a severe form of trafficking in person” and U nonimmigrant visas are for those seeking to be considered a “victim of criminal activity.”
Part of the president’s executive immigration action is to expand T and U visas. In order to engage in “[p]rotecting victims of crime and human trafficking as well as workers,” a White House fact sheet on the president’s executive action reads, “[t]he Department of Labor (DOL) is expanding and strengthening immigration options for victims of crimes (U visas) and trafficking (T visas) who cooperate in government investigations.”
This draft application form shows the administration is considering not requiring such applicants to answer whether they’ve ever been in the U.S. for a “period of 6 months or more,” whether they’ve ever “filed an application or petition for immigration benefits with the U.S. government” or one has been filed on their behalf, whether they have ever been “denied or referred an immigration benefit by the U.S. Government, or had a benefit revoked or terminated (including but not limited to visas) or if they’ve ever been connected legally with a crime—regardless of its seriousness—inside or outside the United States of America."
That last question is the operative one. Such applicants claiming they are victims of human trafficking or of any crime any where won’t, if this Obama administration proposal becomes final, have to answer: “Have you EVER, in or outside the United States, been arrested, cited, charged, indicted, fined, convicted, or imprisoned for breaking or violating any law or ordinance, excluding minor traffic violations? Describe in detail. Include all offenses where impaired driving may have been an issue. If you answered ‘Yes,’ describe the incident in detail and include all offenses where impaired driving was an issue in Part 6 Additional Information [which is later in the application].”
The document is technically a draft offered to change the current U.S. Immigration and Citizenship Services (USCIS) application form I-192 in connection with Obama’s executive amnesty action. USCIS form I-192 is the “application for advance permission to enter as nonimmigrant” for those seeking to enter the country. This draft USCIS document is dated Oct. 29, 2014, and specifically states on each page in background text that this document is “Not For Reproduction.”
Accompanying the document which contains the proposed changes to the I-192 form is an “ICE Regulations” internal email sent to several ICE officials and DHS staffers, asking them to comment on the proposed USCIS changes for Obama’s executive order. “Please find attached for your review a U.S. Immigration and Customs Enforcement (USCIS) advance copy of proposed changes to the USCIS Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, which expires April 30, 2015,” the email address “ICE Regulations” sent to a list of top internal ICE staffers on Nov. 4, 2014—on election day, as the American people rejected the president’s executive amnesty—at 9:49 a.m. exactly with the “importance" label of “high."
“Summary: USCIS would like ICE and CBP to review and comment on the attached package for Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, which expires 04/30/15,” the internal email reads:Minor non-substantive corrections are made to the form as well as standard language and formatting updates. Changes from the existing form package are noted in red font and standard language used in all USCIS form packages (which should not require review) is noted in purple. To aid your review Word translations of the PDFs are included. Please use Track Changes, comment bubbles, and highlighting to indicate your requested edits. Word conversions are not 1-for-1 and some spelling and formatting errors may be present and do not need to be noted.
The email specifically notes that DHS employees who received this document are not allowed to publish it or share with it anyone without express prior approval. “Authorization for Sharing: Do not share this draft rule, in whole or in part, with anyone outside of DHS without first obtaining authorization for such disclosure from the DHS OGC Regulatory Affairs Law Division," it reads, before noting the deadline for comments internally on this matter were due by noon on Friday, Nov. 14—six days before Obama’s executive amnesty announcement.
At this time it’s unclear if these provisions included in the draft USCIS changes regarding T and U visas—or any other of the changes—will make it into the final documents for the president’s executive amnesty order. Those new documents are not public yet, and it’s unclear when they will be.
Breitbart News has reached out to USCIS and ICE for comment, and both were unavailable to comment on the documents by press time, but have confirmed they’ve received press requests. We’ll update as we get more information on this front.
The revelation that the president’s executive amnesty is even considering allowing anyone associated with criminal activity in the U.S. or abroad, including terrorism, to get U or T visas without answering questions regarding their potential criminal history could blow up negations on Capitol Hill right now for a long-term omnibus spending deal. Sometime later on Monday, or early on Tuesday, House Appropriations Committee chairman Rep. Hal Rogers (R-KY) is expected to—with Speaker John Boehner’s blessing—introduce a “CR-omnibus” spending package that will fund all of government except DHS through the end of the 2015 fiscal year in September and will fund DHS, including Obama’s amnesty—and these efforts by USCIS to process potential criminals under T and U visas—through at least March. Many rank-and-file Republicans in the House have been furious with GOP leaders on this matter.