America’s worst representative of the Treason Bar is at it again; Aaron Reichlin-Melnick is playing the fact checking game, but without any facts.
First, he attempts to fact check the Federation For American Immigration Reform (FAIR) concerning the latest Biden Regime Administrative Amnesty, the fake asylum reforms and the CBP One Parole Amnesty.
There is legal when an alien appears at a Port-of-Entry (POE) and requests asylum, that alien is and remains what immigration law describes as an inadmissible alien, i.e. an illegal alien. If the alien is not refused entry and removed from the United States by a legal process, which at the border is most commonly Expedited Removal, that alien is then placed in deportation proceedings before the Executive Office For Immigration Review (EOIR), the immigration court system, but is and remains an illegal alien. Both types of aliens are illegal aliens, with the only difference being one was deported, while the other was allowed to remain in the United States, but in removal proceedings.
The fact remains though that any alien in deportation proceedings, other than a Lawful Permanent Resident (LPR), is and remains an illegal alien. That is because if an alien who appears at a POE and is admissible, then the alien is admitted and is not, therefore, an illegal alien, but an alien inspected and admitted for a lawful purpose, a legal alien. An alien in deportation proceedings is charged by the government with being an illegal alien, i.e. an alien who is not admissible to the United States. Whether or not that alien makes a claim to asylum in the deportation hearings before the EOIR is irrelevant and does not give that alien any legal status. Claiming asylum before the EOIR is a defense, not a legal status.
At the POEs there are two types of illegal aliens being processed under various Biden rules. The above illegal aliens who appear, then claim asylum, but are placed in deportation proceedings and the others claiming the Parole Amnesty. However, those aliens using CBP One to come to a POE and be paroled in remain illegal aliens as well, for two general reasons.
First, parole is prohibited for aliens who are classified as refugees. For legal purposes, asylum claimants and refugees are interchangeable, with the only difference being outside the United States or inside the United States, respectively. So, the mass use of parole for aliens claiming asylum is illegal. The CBP One Amnesty is specifically for aliens who want asylum, but obviously do not legally qualify for refugee or asylum status and have not been processed overseas as refugees.
Second, the part of the Parole Amnesty that is being used to allow intending immigrants into the United States is also illegal. The purpose of parole is to bring certain aliens to the United States temporarily for emergent humanitarian or public interest. Parole is limited in duration as well, with the alien to be removed from the United States once the purpose is completed. [Inside The Lawless Biden Regime Administrative Amnesty, by Federale, Federale Blog, January 31, 2022] Parole is not allowed to replace an Immigrant Visa, which is what most of the Parole Amnesty is being used for. [Biden Regime Parole Amnesty Expanding, by Federale, Federale Blog, January 5, 2023]
For large numbers of the beneficiaries of the Parole Amnesty, especially those using CBP One at the border, parole is just a substitute for an Immigrant Visa (IV), as openly stated by the Biden Regime.
So, it is Reichlin-Melnick who does not understand what “legal” means.
Which is not the only aspect of immigration law that Reichlin-Melnick does not understand; he doesn’t know what “refugee” means.
Here is the indicted visa fraudster Jewish and Cuban immigrant Alejandro Mayorkas, Secretary of the Department of Homeland Security (DHS) commenting on Safe Mobility Offices (SMO), which are basically recruitment centers for illegal aliens benefiting from the Parole Amnesty.
Reichlin-Melnick disagrees, SMOs aren’t Illegal Alien Recruitment Centers, but refugee processing centers set up overseas, away from the border.
However, an SMO is not just for refugees. In fact, few, if any, refugees are being processed in these SMOs. Instead, as admitted by the government, they are instead mainly used to process aliens for parole into the United States, to avoid the submission and adjudication of a real refugee application and to avoid the requirement for an intending immigrant to have an Immigrant Visa.
The State Department admits that processing refugees is only a small part of the SMO.
The United States has led the largest expansion in decades of lawful pathways to the United States to help refugees, vulnerable migrants, and other forcibly displaced persons in the Western Hemisphere.
Individuals seeking international protection and other lawful pathways have many options, including seeking refugee resettlement, humanitarian parole, family reunification, labor pathways, and seeking asylum in host countries, as well as various support services provided by international organizations and NGOs.
The Safe Mobility (SMO) initiative is one of the many ways the United States is facilitating access to safe and lawful pathways from partner countries in the region at no cost, so refugees and vulnerable migrants don’t have to undertake dangerous journeys in search of safety and better opportunities.
There are various pathways available depending on the profile and needs of the applicant:
The Safe Mobility initiative facilitates expedited refugee processing via the U.S. Refugee Admissions Program (USRAP) and provides information and/or referrals to humanitarian parole, family reunification, and labor pathways through MovilidadSegura.org and Safe Mobility Offices (SMOs) in Colombia, Costa Rica, Guatemala, and Ecuador.
Safe Mobility Initiative, unattributed, Department of State, undated
Refugees are only one small part, the effort includes those seeking “labor pathways,” family reunification (Immigrant Visas), humanitarian parole (Parole Amnesty), vulnerable migrants (what are those?), and “forcibly displaced persons” (so-called climate refugees?). The whole program is illegal, as refugees must first be referred to the United States by the United Nations High Commissioner For Refugees (UNHCR), to be able to apply. And there is no such thing as “expedited refugee processing.” Nor is there any legal authority for processing those who want parole to evade the Immigrant Visa requirement, a labor certification, or substituting parole for an approved refugee petition. There is no provision of law for so-called “vulnerable migrants” nor climate refugees. The SMOs are just government organized alien smuggling.
United Nations High Commissioner for Refugees (UNHCR) – UNHCR refers cases to the USRAP for resettlement and provides important information with regard to the worldwide refugee situation.
The United States Refugee Admissions Program (USRAP) Consultation and Worldwide Processing Priorities, unattributed, U.S. Citizenship And Immigration Services, December 5, 2023
The SMO is not ” … refugee processing thousands of miles away from the US,” but government run alien smuggling centers. It is not just the government completing the alien smuggling cycle, but the the Biden Regime doing one up on the Obama Regime; the government organizing, initiating, and completing the alien smuggling cycle. [Federal Judge: The Obama Administration Aids and Abets Human Trafficking, by Hans A. von Spakovsky, The Heritage Foundation, December 20, 2013]
Clearly our Treason Bar Shyster either is the worst immigration lawyer ever, or he has an agenda of lying to defend open borders and mass illegal immigration orchestrated by the government. Take your choice.
Federale 