Immigration change gives legal status to illegal alien relatives of US military

Immigration reform may be stalled in Congress, but a new Obama administration policy is extending legal status and military benefits to thousands of illegal immigrants who are the spouses, parents and children of American military members ...

"A whole class of aliens with no right to be in the United States are suddenly going to be allowed to live and work here on the basis of their relationship with military and veterans," said Dan Cadman, with the Center for Immigration Studies.

The exemption, called parole in place, came in the form of a U.S. Citizenship and Immigration Services "policy memorandum." It was not submitted to or approved by Congress, and the regulations were not published in the Federal Register, which allows for public comment prior to a rule taking effect ...

One face of this new policy is Christian Gonzalez, a retired Marine who has been recommended for a Purple Heart ...

They [Christian Gonzalez and illegal alien wife Laura] got married when he returned from multiple tours ... Under the new policy, tens of thousands of illegal aliens like Laura will be offered a green card and legal residency.

As the wife of a veteran, she would be entitled to his health care, education and survivor benefits, as well as simple things like a Social Security number and driver's license ...

CAIRCO Note:

Mr. Christian Gonzalez, U.S. Military, who married illegal alien wife Laura is also entitled to explain potential  'Harboring ' as well as 'Encouraging/Inducing 'under  Title 8, U.S.C. § 1324(a) Offenses. Both are current U.S. law.

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Criminal Resource Manuel - Title 8, U.S.C. § 1324(a) Offenses

Title 8, U.S.C. § 1324(a) defines several distinct offenses related to aliens. Subsection 1324(a)(1)(i)-(v) prohibits alien smuggling, domestic transportation of unauthorized aliens, concealing or harboring unauthorized aliens, encouraging or inducing unauthorized aliens to enter the United States, and engaging in a conspiracy or aiding and abetting any of the preceding acts. Subsection 1324(a)(2) prohibits bringing or attempting to bring unauthorized aliens to the United States in any manner whatsoever, even at a designated port of entry. Subsection 1324(a)(3).

Harboring -- Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation.

Encouraging/Inducing -- Subsection 1324(a)(1)(A)(iv) makes it an offense for any person who -- encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law ...

Penalties -- The basic statutory maximum penalty for violating 8 U.S.C. § 1324(a)(1)(i) and (v)(I) (alien smuggling and conspiracy) is a fine under title 18, imprisonment for not more than 10 years, or both. With regard to violations of 8 U.S.C. § 1324(a)(1)(ii)-(iv) and (v)(ii), domestic transportation, harboring, encouraging/inducing, or aiding/abetting, the basic statutory maximum term of imprisonment is 5 years, unless the offense was committed for commercial advantage or private financial gain, in which case the maximum term of imprisonment is 10 years. In addition, significant enhanced penalties are provided for in violations of 8 U.S.C. § 1324(a)(1) involving serious bodily injury or placing life in jeopardy. Moreover, if the violation results in the death of any person, the defendant may be punished by death or by imprisonment for any term of years. The basic penalty for a violation of subsection 1324(a)(2) is a fine under title 18, imprisonment for not more than one year, or both, 8 U.S.C. § 1324(a)(2)(A). Enhanced penalties are provided for violations involving bringing in criminal aliens, 8 U.S.C. § 1324(a)(2)(B)(i), offenses done for commercial advantage or private financial gain, 8 U.S.C. § 1324(a)(2)(B)(ii), and violations where the alien is not presented to an immigration officer immediately upon arrival, 8 U.S.C. §  1324(a)(2)(B)(iii). A mandatory minimum three year term of imprisonment applies to first or second violations of § 1324(a)(2)(B)(i) or (B)(ii). Further enhanced punishment is provided for third or subsequent offenses.