The man occupying the White House, along with his Democratic Senate ilk, have repeatedly bombarded the American public with “immigration reform” rhetoric. The oft repeated phrase is “our immigration system is broken and needs reform.” In an article in April, the question was posed, “What is wrong with the immigration law as it currently stands that needs changing?” The question is never answered by the Demwitcrats and RINOs that support sweeping immigration reform. All that is directed toward the American public is a firm stance the immigration system is broken and needs reform.
Fortunately, a few of the answers to that question is put forth simply by Michelle Malkin in her article at CNSnews.com entitled, “Obama’s Immigration Lawyers’ Enrichment Act.” In her almost 12 years of researching the tricks illegal immigrants used to evade the dragnet, Malkin identifies a few issues concerning the “broken” portions of the immigration law claiming the system is “broken” on purpose.
Our deportation system is designed to fail. Anytime someone in Washington states those flooding our border from Central America will be deported, it is important to know that decades of history contradict that. According to Malkin, “‘due process’ in deportation is a euphemism for interminable delay.
According to TRAC immigration, which gathers data on the chronically backlogged immigration court system, there are currently more than 366,000 pending deportation cases with average wait times nationally of nearly 600 days. There are a measly 59 immigration courts staffed by a meager 235 judges to handle all those cases.
While Democrats clamor for amnesty for all illegal immigrants, leftist leaning immigration attorneys and activists have a very lucrative business helping illegal aliens and “convicted criminal visa holders” evade deportation for as long as possible. “Groups such as the American Immigration Lawyers Association, the Immigration Legal Resource Center, and the American Friends Service Committee make their livelihoods off administrative bottlenecks.”
Malkin identifies enablers for this racket as the Executive Office for Immigration Review (EOIR) and the Board of Immigration Appeals (BIA). The EOIR oversees the immigration courts nationwide while the BIA, an unaccountable appellate arm of EOIR, tends to place the rights of aliens above the rights of citizens.
The BIA is comprised of 15 members who are politically appointed, “alien-friendly advocates from immigration-law circles, former Department of Justice attorneys and former BIA staff.” The BIA has the power to “overturn deportation orders nationwide.” According to Malkin, the BIA regularly reopen factual findings of lower trial courts and violate the fundamental principle of the appellate process by awarding illegal aliens more opportunity to have their case heard in federal court than any legal American citizen has.
In a 12 year old report conducted by the Center for Immigration Studies on the deportation abyss, an EOIR bureaucrat testified then saying, “Even if an alien is removable, he or she may file an application for relief from removal, such as asylum, voluntary departure, suspension from deportation, cancellation of removal, adjustment of status, registry or waiver of inadmissibility.” It seems that the young illegal aliens have plenty of loopholes to stay in this country almost indefinitely. One immigration law firm advises these youth, “There are several forms of relief that an unaccompanied child may apply for in immigration court.” A few of these “relief forms” are the voluntary departure or “catch and release” option (deportation of self); an asylum application which is very loose for minors; special juvenile immigration visa (lawful permanent resident status to unaccompanied illegal immigrant children); and the U-visa, a program for illegal aliens who are a victim of trafficking or domestic violence granting temporary legal status if law enforcement was helped. The U visa program has since changed to be a pathway to residency, “work authorization and citizenship for anyone who applies.”
Malkin cites an attorney who shared his experience when he worked as a law clerk in the Fifth Circuit. According to the now attorney, “It was amazing the number of petitions for review of BIA decisions we handled. You are absolutely correct that immigration lawyers use the current system of endless appeals to make illegals essentially undeportable.” As Malkin points out, illegal aliens are afforded two appeals to the American citizens’ one.
So, when we hear politicians and Glenn Beck state, “these children are going to be returned to their home,” it is quite obvious from the research by Malkin and the CIS report that deportation will more than likely not occur. If it does at all, it will be after a 600 day (almost 2 years) wait time for an initial immigration hearing then a few appeals. Remember, the majority of the unaccompanied are young males ranging in ages from 14 to 17. The “children” needing teddy bears and soccer balls are the minority, but has been the main focus of politicians and the lame stream media, including Beck, to generate sympathy among Americans to overlook the law and condone continued breaking of the law by those who are aiding and abetting illegal lawbreakers.
Not surprisingly, the White House, read Obama and his administration, has lied once again regarding the illegal alien invaders coming from Central America. While touting the “humanitarian crisis” of unaccompanied children from Central America crossing our border, these mythomanics failed to inform the public that the number of “unaccompanied children was actually outnumbered by the inflow of adults, parents and children in ‘family units,’ according to the data.” The reported reason for this deception, besides this administration’s truth problem, is to focus attention on the problems caused by the 2008 William Wilberforce Trafficking Victims Protection Reauthorization Act law.
What is left out is Democrat President Bill Clinton signed the initial piece of legislation regarding “human trafficking” in 2000. This law was then reauthorized by Bush and, you guessed it, Obama. The law lapsed in 2011. However, the entirety of this human trafficking law was attached as an amendment to the Violence Against Women Act in 2013, signed by none other than one Barack Hussein Obama. This 2008 law that lapsed in 2011, but resurrected as an amendment to a piece of legislation in 2013 and signed by Obama, is now being blamed for the problem with the illegal invasion. Funny, an expired law would be renewed by this government a year before and then be blamed citing the initial passage of 2008, which is before Obama took office. Can someone say “Blame Bush?”
Another fact left out by this administration is that these Central American “unaccompanied children” are not being trafficked, but are actually being brought to the border by so-called coyotes. The majority of the administration defined “unaccompanied children” are males aged 14-17 actually looking for work.
So let’s recap here. Our immigration system is broken because the deportation system is designed to fail through numerous loopholes and multiple appeals processes so the comprehensive immigration reform is to offer amnesty or pathways to citizenship of illegals in this country and to extend that to those who make it across the border. The administration is pointing fingers to a law regarding human trafficking that was passed as an amendment to another bill in 2013, after expiring in 2011, and signed by Obama as a reason for the lack of deportation. Are you dizzy yet or have you figured out this was orchestrated as early as 2013 with this “trafficking” law being renewed after expiring for over a year? Have you figured out that this administration lied about the number of “children” in order to” stir emotion promoting a “compassionate response in order to further its agenda?
Would not the simple solution be to close the loopholes by repealing the multiple appeals processes by the courts? Could we even abolish the EOIR and BIA as suggested by Malkin and transfer their functions to existing law enforcement inside the immigration bureau? Could we stop giving preferential treatment to those who illegally cross our southern border? Why are we allowing those who have applied legally and satisfied every condition mandated to languish for years while we accept illegal invaders?
While Democrats slam the Republicans for catering to corporate America by upholding their interests, the Democrats are catering to the sect who are making a nice living off illegal immigration proceedings and illegal aliens while pledging American tax dollars to numerous social programs that will ultimately provide for these illegal invaders. Wonder who decided to be the pot and who decided to be the kettle?
Regardless of the presentation of fact, conservatives will continue to be split on this issue with the division occurring because of the emotional factor so skillfully used by the administration, Obama, the media, media pundits and now some elected officials. It seems repetition of law and fact are now moot with some conservatives. After all, “it’s about the children,” meaning suspension of the law is warranted dependent upon age and the age of the illegal justifies breaking the law.Don't forget to Like Freedom Outpost on Facebook and Twitter, and follow our friends at RepublicanLegion.com.
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