Commentary

Immigration Bill Grants 'Unreviewable' Power Seven Times, 'Discretion' Power 43 Times

By Craig Bannister | May 9, 2013 | 2:26pm EDT

Law enforcement officials nationwide have warned Congress of the dangers giving too much power to "appointed officials" like DHS Sec. Janet Napolitano in the immigration bill S.744 being considered in the Senate.

In a letter to Congress, they warn the bill grants "virtually unlimited" discretion to grant illegal aliens legal status to the Secretary of the Department of Homeland Security (DHS). It also grants the secretary "sole and unreviewable" power in some cases, they caution.

In fact, the bill invokes "discretion" 43 times - and grants "unreviewable discretion" seven times.

The seven references to "unreviewable discretion" granted in the Senate Immigration Bill are (emphasis added):

''(B) WAIVER.-The Secretary, in the Secretary's

sole and unreviewable discretion, may

waive the application of subparagraph (A) on

behalf of an alien

U.S.C. 1362) is amended-

(1) by inserting ''(a)'' before ''In any'';

(2) by striking ''(at no expense to the Government)'';

(3) by striking ''he shall'' and inserting ''the

person shall''; and

(4) by adding at the end the following:

''(b) The Government is not required to provide counsel

to aliens under subsection (a). However, the Attorney

General may, in the Attorney General's sole and

unreviewable discretion, appoint or provide counsel to

aliens in immigration proceedings conducted under section

240 of this Act.''.

 

"(b) APPOINTMENT OF COUNSEL IN CERTAIN

CASES.-Section 240(b)(4) (8 U.S.C. 1229a(b)(4)) is

amended-

(1) in subparagraph (A), by striking '', at no

expense to the Government,''; and

(2) by adding at the end the following: ''The

Government is not required to provide counsel to

aliens under this paragraph. However, the Attorney

General may, in the Attorney General's sole and

unreviewable discretion, appoint or provide counsel..."

 

''(C) COMPROMISE.-The Secretary of

Homeland Security, in the Secretary's

unreviewable discretion and upon the receipt of

a written request, may mitigate the monetary

penalties required under this subsection for

each alien stowaway to an amount equal to not

less than $2,000, upon such terms that the Secretary

determines to be appropriate.''

 

''(D) DISCRETION.-Except as provided in

subparagraph (E), the Secretary shall retain

unreviewable discretion to offer or revoke enrollment

in a registered traveler program to any

individual."

 

"(c) OTHER AUTHORITY.-The Secretary, in the Secretary's

unreviewable discretion, may deny or revoke the

approval of a petition seeking classification of an alien

under this paragraph or any other petition, application,

or benefit based upon the previous or concurrent filing or

approval of a petition for classification of an alien under

this paragraph, if the Secretary determines, in the Secretary's

sole and unreviewable discretion, that the approval

or continuation of such petition, application, or

benefit is contrary to the national interest of the United

States or for other good cause."

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