President Joe Biden has been credibly accused of ignoring, refusing to enforce, or even deliberately undermining the nation's existing border security and immigration laws, and there now appears to be more evidence to support such claims.

A recent report revealed that the Biden administration has been discussing, if not already implementing, a plan to grant amnesty in the form of green cards and other benefits to as many as 4,000 illegal immigrants annually who meet certain qualifications, according to the New York Post.

The plan, revealed by way of a leaked memo, looks strikingly similar to two migrant amnesty policies first introduced under former President Barack Obama that were subsequently found by the courts to be unconstitutional and in violation of existing laws and regulations.

Expansion of the "cancellation of removal" policy

The Daily Mail reported this week on the revelation of a September 2023 memo from the Justice Department's Executive Office for Immigration Review that exploits and expands upon an existing carveout in immigration laws that allows up to 4,000 illegal immigrants per year to avoid deportation at the discretion of immigration judges.

This Biden administration plan would grant those illegal migrants a green card and lawful permanent resident status if they apply for the "cancellation of removal" and meet a few other basic requirements.

The main qualification, per the leaked memo, is if a spouse, parent, or child of the applicant is a U.S. citizen or lawful permanent resident and would "suffer exceptional and extremely unusual hardship" if the applicant was ordered deported and removed from the country.

Other prerequisites include having followed all U.S. laws -- other than immigration laws, apparently -- and not being convicted of any automatically disqualifying serious crimes, being a person of "good moral character," and having been a resident in the U.S. for at least 10 years.

The document, which is intended to aid illegal migrants filing for "cancellation of removal," informs those migrants that "4,000 people are granted cancellation of removal per year. You will have to wait your turn before an immigration judge can approve your application. This may take years."

Resembles unconstitutional DACA and DAPA policies

Both the Daily Mail and the Post reported that this apparent Biden administration amnesty policy bears a strong resemblance to a pair of executive actions on immigration law enforcement, or more accurately the deferral thereof, first implemented by former President Obama that the courts later struck down as unconstitutional violations of existing laws.

The more well-known of the two is the Deferred Action for Childhood Arrivals, or DACA, which deferred removal and granted benefits for otherwise deportable non-citizens if they came to the country as young children, had resided here for at least five years, and had avoided any serious trouble.

That policy has since been ruled unconstitutional multiple times but remains in limited effect -- new applicants are no longer accepted and benefits are no longer granted -- after the Trump administration attempted to end it only for other courts and the Biden administration to resurrect it in part.

The Biden administration's plan more closely resembles the lesser-known Obama-era policy dubbed Deferred Action for Parents of Americans, or DAPA, which was an expansion of DACA that applied largely to the parents of DACA recipients, among others. That policy was also ruled unconstitutional, including by the Supreme Court, as it violated the "Take Care Clause" and existing immigration laws by extending legal status and benefits to otherwise deportable individuals.

Republicans, Trump stands opposed to Biden's amnesty for illegal migrants

This relatively new policy of non-removal for some illegal immigrants comes as the Biden administration is facing criticism from both sides of the debate on enforcement of immigration laws, with conservatives and Republicans arguing that President Biden is not fully enforcing existing laws while progressives and Democrats assert that he is already doing too much, according to Politico.

Given the near-even partisan split in Congress, it seems unlikely that Republicans will be able to do anything to address this revelation, but it is a safe bet that if former President Donald Trump is re-elected, this Biden-era non-enforcement policy will be among the first to be rolled back.