Category: Guest Authors

Border Admissions Staggering Mayorkas Admits

By Joe Guzzardi

For immigration lawyers, these are heady times! Since January 2021, when the Biden regime moved into the White House, the Department of Homeland Security has, by Secretary Alejandro Mayorkas’ own shameless admission, released 836,000 illegal aliens into the interior. The staggering total includes 398,861 let go since October 1, the fiscal year’s start, and also counts 80,116 admitted in March alone. Excluded are the got-aways; estimates vary, but several hundred thousand fall into that category. This astounding admissions’ total exceeds the population of each of the cities of San Francisco, Denver, Seattle, Boston and Washington, D.C., and each of the states of Wyoming and Vermont.

Imagine the eager anticipation the immigration lawyer community must have when thinking of the fees those aliens might generate! At some firms, $1,000 an hour buys only a preliminary consultation. And the good times will keep on rolling! Once Biden removes Title 42, as he’s determined to do, an estimated 18,000 aliens are likely to cross into the United States daily, most in need of legal counsel.

Enterprising immigration lawyers could make a handsome living from Haitian alien applicants alone. Most Haitians, like others eagerly awaiting their post-Title 42 admissions, will apply for asylum. But a considerable percentage of Haitians who will file claims have already been granted asylum from South American nations like Chile, and have been long-time residents of those countries. But for the Haitians/Chileans, Biden’s lure to foreign nationals to live in America is irresistible. On their trip north, after reaching the bridge at Del Rio, Texas, the duplicitous Haitians/Chileans ditched their asylum documents into the river. The low-risk, but nevertheless fraudulent effort to eliminate any clue that they had already been granted asylum by a democratic, stable country may pay off one day with U.S. citizenship.

Unbeknownst to the general public, asylum fraud is one of the biggest hoaxes in a U.S. immigration system where almost anything goes. The simple words “credible fear” spoken to an immigration official can be the first step to life in the U.S. Few, however, are fleeing true persecution or life-threatening violence. They’ve been coached, often by the smugglers to whom they’ve paid thousands of dollars, to say the magic words that will bring them, figuratively speaking, the keys to the U.S. kingdom.

The harsh reality is that among the thousands assembled at the border, and the thousands more on the way, few legally qualify for asylum. They are economic migrants seeking to improve their lives, and not as the Refugee Act of 1980 spelled out, persons with a well-established fear of persecution “on account of race, religion, nationality, membership in a particular social group, or political opinion.”

Under the current administration, as voters head to the mid-term polling places, knowing the difference between refugees and legitimate asylum seekers is important. Refugees are – or were until Biden allowed admissions to mostly unscreened Afghans and Ukrainians – screened in depth before coming to the U.S. If found wanting, they can be denied refugee status before they step foot into this country. On the other hand, aliens who enter illegally and falsely claim “credible fear” have not been vetted or have been only superficially screened before physically entering the U.S. The current process is easily vulnerable to fraud and abuse. Fraudulent asylum cases, in addition to generous benefits given to those who may not deserve them, undermine and delay processing legitimate appeals from individuals who truly have credible fear.

The soaring numbers of migrants whether they’ve legally or illegally entered the country is a preliminary total. Once inside the U.S., chain migration – immigration’s major source – will increase the number by at least a factor of three. In 2018, The New York Times published a remarkable, but unexaggerated, story about one-single Indian immigrant who arrived in 1968 at age 23, and 50 years later, counts 90 family members who have joined him. Consider too that many of the resettled migrants will either add to their existing families or begin new ones.

Since citizens fund every penny of the migrants’ multiple and costly resettlement expenses, Americans justifiably wonder why, assuming border enforcement, they’re forced to underwrite their gradual but inevitable displacement.

PFIR analyst Joe Guzzardi writes about immigration issues and impacts. Contact him at jguzzardi@pfirdc.org.

Biden Immigration Parole Circumvents The Law

By Joe Guzzardi

Twenty years ago, journalist Michelle Malkin wrote a column titled, “The Deportation Abyss: It Ain’t over ‘til the Alien Wins.” Written post-9/11, the nation yearned as it still does for a strict deportation strategy and for vigorous immigration law enforcement.

At the beginning of her commentary, Malkin quoted the late Barbara Jordan, a Texas Democrat who served in the U.S. House of Representatives and chaired the U.S. Commission on Immigration reform from 1993 to 1996. Jordan said, “The credibility of immigration policy can be measured by a simple yardstick: people who should get in, get in; people who should not enter are kept out; and people who are judged deportable should be required to leave.”

Jordan’s sensible immigration guidelines were ignored. Too many loopholes in the immigration system, too many squishy congressional representatives, too many lax immigration judges and too many spineless Board of Immigration Appeals’judges undermined legitimate deportations of criminals, including convicted murderers, sex predators, drunken drivers and aggravated felons, subverting Jordan’s sound solutions. Information on how to dodge immigration enforcement was readily available. The soup-to-nuts legal directory that advises aliens who “got trouble” is still operating 20 years later, doubtlessly thriving, and dispensing advice on how to avoid deportation.

In her worst nightmare, Jordan could not have imagined that a U.S. president would not only be inviting millions of illegal aliens from all around the world to come to American, but then rewarding them with air transportation, housing, food, mobile phones and, eventually, one of the most coveted documents that migrants seek from the instant they depart their homeland, employment authorization cards.

Biden is determined to undermine American workers with his reckless abandonment of border security, and his messaging to foreign nationals from around the globe that, despite DHS Secretary Alejandro Mayorkas’ protestations to the contrary, the border is open. The odds are extremely high that foreign nationals who get to the border will gain entrance. Parole may await them. At least, it’s the administration’s coveted goal to illegally grant parole to foreign nationals that don’t qualify for what should be a rarely approved immigration status.

Since the mainstream media tosses the word parole around loosely, knowing exactly who merits the status is important to understanding the administration’s deport-no-one intentions. Writing for the Center for Immigration Studies where he’s a Senior Legal Fellow, former DHS Deputy General Counsel George Fishman, in an article “The Pernicious Perversion of Parole: the 70-year battle between Congress and the President,” explained parole’s proper place in immigration law. As Fishman’s title suggests, the decades-long battle has been mostly a lost cause for Congress and immigration restrictionists.

Parole’s history dates back to the Immigration and Nationality Act of 1952 which contained a provision that allowed discretionary power to the Attorney General to parole into the U.S. temporarily under such conditions as the AG may prescribe for emergent reasons or for reasons deemed strictly in the public interest any alien applying for admission to the U. S. All parole grantees are issued on a case-by-case basis, and cannot be granted en masse. (Emphasis added.)

In 1956, Republican Dwight Eisenhower became the first president to violate parole regulations when he permitted Hungarian refugees to enter en masse. Prior to 1956, parole authority had been used only to benefit individual aliens. But as Professors Adam Cox of the University of Chicago Law School and Cristina Rodriguez of New York University correctly concluded, presidents have used powers expressly delegated to them by Congress to advance their own immigration agenda in a manner that accomplished personal objectives Congress almost certainly did not intend and expanding or repurposing Congress’s original design.(Emphasis added.)

Parole should be granted only under the five following conditions: 1) for a medical emergency, 2) for organ donation to a family member, 3) to visit a family member whose death is imminent, 4) for an alien who has assisted U.S. law enforcement and whose presence is needed by the government or whose life is threatened or 5) for criminal prosecution.

Biden’s flagrant use of parole to admit thousands of aliens into the U.S. proves that Malkin’s thesis – the alien always wins – is truer today than ever. Many thousands more aliens remain gathered at or on the way to the border, confident that parole will be their easy ticket into the U.S.

PFIR analyst Joe Guzzardi writes about immigration issues and impacts. Contact him at jguzzardi@pfirdc.org

Biden Immigration Parole Circumvents The Law