The Biden Regime Administrative Amnesty, America Will Get It, Good And Hard

What is old is new again. After four year interregnum of a Trumpian failure of haphazard enforcement of immigration law, fits and start at enforcement, failure to contain and discipline the immigration bureaucracy, almost a 1,000 miles of fencing, and a legal immigration near shutdown, between to Regimes of nation busters, what I first wrote about in my since censored blog (federaleagent86.blogspot.com) and in my VDare.com debut [Will A GOP Congress Block Obama’s Ongoing Administrative Amnesty?, by Federale, VDare, October 31, 2010] has returned, but in spades. Was the first Administrative Amnesty just 12 or so years ago? The Obama Regime Administrative Amnesty has since become the Biden Regime Administrative Amnesty. While many have noted that a legislative amnesty is DOA on Capital Hill [Biden’s Great Replacement Acceleration Act May Be DOA, But GOP Needs A Leader To Defend The Historic American Nation, by Washington Watcher II, VDare, February 21, 2021] , the real amnesty, the administrative amnesty that will become the basis for the kritarchy establishing its own amnesty, is in force. Note as well that it is your humble correspondent that brought you the terms kritarch and kritarchy to describe the current usurpation of our once republican form of government by the Deep State judiciary. The earliest I can find referencing kritarch is 2014, but I am certain I had some earlier references. [Iranian-American Immigration Judge Ashley Tabaddor In Hot Water Ordered To Recuse Herself On Iranian Cases, Files “Civil Rights” Beef, by Federale, VDare, August 17, 2014] Benjamin Franklin is rolling in his grave, as the Republic is dead, replaced with an administrative dictatorship enforced by an unaccountable and hostile Deep State, as Tucker Carlson has found out.

And the Biden Regime, filled with Jewish Deep Staters, is not shy about its plan, flood the nation with non-White immigrants in order to elect a new people. VDare has detailed the obvious aid that the Biden Regime has given to illegal aliens; deportation ban, arrest ban, ending detention, welcome centers, etc. But the worst is yet to come. The most corrupt DHS Secretary, Get-To-Yes Mayorkas, has decided that the spouses and children of illegal aliens in the United States will be reunited, not by deportation, but by those relatives of illegals outside the United States being admitted into the United States and those intending to seek asylum will also admitted into the United States in a sort of granting of “pre-asylum” status. Now, technically, these will not be “admissions” as that has certain legal requirements, i.e. an alien is inspected by an immigration officer and let into the United States in a lawful status. Those two groups above will not be “admitted” in an immigration status, but “paroled” into the United States to then file an asylum claim.

President Joe Biden’s border chief announced his plans Tuesday to expand economic migration into the United States, on top of the roughly one million people per year set by Congress.

“For years, the asylum system has been badly in need of reengineering,” said the March 16 statement by DHS secretary Alejandro Mayorkas. He continued:

In addition to improving the process by which unaccompanied children are placed with family or sponsors, we will be issuing a new regulation shortly and taking other measures to implement the long-needed systemic reforms. We will shorten from years to months the time it takes to adjudicate an asylum claim while ensuring procedural safeguards and enhancing access to counsel…

Mayorkas is also using the 2008 law to expand the inflow of younger migrants, including many who take low-wage, high-abuse jobs in the United States to pay off their trafficking debts. For example, he has opened a Dallas facility to help provide legal paperwork to 3,000 young men every several weeks.

Mayorkas is also creating new ways to fly migrants in from other countries, regardless of national laws curbing chain migration, Mayorkas wrote:

We are restarting and expanding the Central American Minors program. It creates a lawful pathway for children to come to the United States without having to take the dangerous journey. Under this expansion, children will be processed in their home countries and brought to the United States in a safe and orderly way…

Mayorkas is also allying with pro-migration international groups and private groups to help them deliver more wage-cutting, rent-raising migrants into Americans’ blue-collar labor market. He wrote:

We are developing additional legal and safe pathways for children and others to reach the United States. While we are building a formal refugee program throughout the region, we are working with Mexico, the Northern Triangle countries, and international organizations to establish processing centers in those countries so that individuals can be screened through them and brought to the United States if they qualify for relief under our humanitarian laws and other authorities.

[Joe Biden’s DHS Chief Says He Is Opening New Doors for Migrants, by Neil Munro, Breitbart, March 16, 2021]

Mayorkas repeatedly claims this is all legal, but that is a lie. Take the “asylum” issue. If an alien qualifies for asylum, that alien does not need any “additional legal and safe pathways” to enter the United States. The truth is that these aliens in question do not qualify for asylum or refugee status. For the uninitiated, a refugee is defined as a person suffering from persecution in his country of nationality and is outside the United States. An asylee is a person inside the United States who meets the definition of a refugee, except being in the United States.

What Mayorkas is doing is bringing into the United States persons who would normally need to apply to the United Nations High Commissioner For Refugees (UNHCR) claiming persecution in their country of nationality, be approved, and then apply to the United States requesting admission as a refugee. Mayorkas is shortcutting this system, designed to weed out fraud and frivolous applications, though, for the record, not very successful at that.

However, none of the citizens of the source nations in Central America legally qualify as refugees or asylees. None suffer from persecution by the governments of their countries of citizenship. The basis of their claims is that they are poor, there is no work, there is crime, their government is corrupt and incompetent’s, and, if a woman, their husband beats them. Asylum and refugee status don’t cover those issues. The only issue covered is the wife-beating issue, but that is a separate status and generally only applies to persons already in the United States. This policy will also include aliens from countries other than the Central American shitholes, as the Central American program is not limited to Central Americans, but any alien who can reach Central America or Mexico.

The plan is to bring these aliens to the United States under a parole status, of which the likely two rationalizations are Humanitarian Parole (HR) or Public Interest Parole (PIP), which, in turn, have specialty sub-programs for various “emergencies”, such as Filipino World War II veterans. You did not likely know that there is a serious emergency regarding Filipino WWII veterans, the emergency being that not enough of them, their spouses, their children and their childrens’ spouses and children have immigrated to the United States. Note that the United States was admitting Filipino WWII veterans immediately after WWII, then between 90s until the late 2000s when a second legal program for those veterans ended. But that was not enough, the United States needs more 90 year old fraudulent WWII veterans.

It must be noted that the abuse of parole above is not within the bounds of the law as written, the Immigration and Nationality Act (INA) , as amended makes that clear.

Here is the law:

(5)(A) The Attorney General may, except as provided in subparagraph (B) or in section 214(f), in his discretion parole into the United States temporarily under such conditions as he may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit any alien applying for admission to the United States, but such parole of such alien shall not be regarded as an admission of the alien and when the purposes of such parole shall, in the opinion of the Attorney General, have been served the alien shall forthwith return or be returned to the custody from which he was paroled and thereafter his case shall continue to be dealt with in the same manner as that of any other applicant for admission to the United States.

(B) The Attorney General may not parole into the United States an alien who is a refugee unless the Attorney General determines that compelling reasons in the public interest with respect to that particular alien require that the alien be paroled into the United States rather than be admitted as a refugee under section 207.

[Immigration and Nationality Act: Section 212 – General Classes Of Aliens Ineligible To Receive Visas And Ineligible For Admission; Waivers Of Inadmissibility, unattributed, GolishLaw.com, undated]

The first point about parole is that it is restricted to the temporary entry, not admission, of an alien, then the subsequent removal of that alien. While paragraph B allows for the parole of an alien who otherwise is a refugee, that requires “compelling reasons,” not a generalized policy of admitting more refugees, and, more importantly, it applies only to those who otherwise qualify as refugees. That means the alien in question must be the victim of persecution, not fleeing poverty, crime, or an abusive husband.

Let me illustrate this with uses of parole from history. While I was with the legacy Immigration and Naturalization Service (INS) in the 1990s, we were paroling tens of thousands of citizens of Vietnam into the United States. This was long after the persecutions of the population of Viet Nam had ended after the low points between 1975 to 1989. After the Berlin Wall fell, the Communists in Viet Nam got the message, and ended most political persecution. The main victims of persecution had either fled the nation between 1975 and 1985 or been placed in re-education camps. However, most whom had been in camps had were long since released and resumed life in the mainly agricultural economy of southern Viet Nam. By 1989, Viet Nam had reached out to the refugee community in the United States and told them they were welcome back. And former refugees flooded back to Viet Nam to temporarily visit family and to invest in the newly opening Viet Nam economy. As an Inspector, not only did I deal with returning naturalized Americans of Vietnamese ancestry, but also those with green cards, Legal Permanent Residents, who obtained their legal residency based on an asylum or refugee claim. Technically that was illegal and grounds for deportation, as a refugee or asylee who returns to the nation from which they fled terminates the underlying legal basis for asylum or refugee status, as well as the derived legal permanent residence, by placing themselves under the jurisdiction of the government they fled. Of course, neither George H.W. Bush or Bill Clinton enforced that part of the law.

Nor did Bush or Clinton enforce the “case-by-case” review or the “compelling reasons” parts of the law for HR and PIP. Tens of thousands of Vietnamese who did not qualify as refugees came either from refugee camps in South East Asia or on direct flights from Ho Chi Minh City, and were subsequently paroled into the United States. They even came on the same fights as those with real refugee documents and returning Vietnamese-Americans and legal residents. In no way was there any individual review of their cases, but all were approved and processed by policy, no denials, the same as the Obama Regime policy of approving all DACA applicants and illegals paroled at the border during the Zerg Rush of 2014. Worse yet, even the ostensive definition of a refugee was expanded. Did you know that any Vietnamese citizen with non-Asian blood (Amer-Asian) was deemed qualified? This was in the law, presuming anyone appearing at least part White or black was the child of an American serviceman from the war, but there were many Whites in Viet Nam before the war, French and British, and after, Russians. Nothing was done to verify parentage. Also included using HP and PIP were relatives of these Amer-Asians, their own children, their extended family, and any member of a family that claimed to have adopted an Amer-Asian. That, of course, led to the sale of Amer-Asian street children as tickets to America, as most Amer-Asians in Viet Nam were abandoned by their mothers; left to Catholic orphanages or the streets. And these were being admitted without individualized review, but mass approved by policy Basically, HP and PIP are used well outside the legal authority and indiscriminately. Both are frauds and lies. And refugees from Viet Nam were still being approved well into the Jorge Bush and Obama Regimes.

One of the important aspects of parole is that if a person is paroled, they, unlike illegal aliens, can apply for legal permanent residency. That means that any alien paroled, is just a de facto immigrant with just a delay in obtaining a green card. This is one of the advantages of controlling the administrative reigns of power. The Obama Regime knew this and routinely gave parole to DACA and the fake refugees flooding the border in 2014, so they could stay permanently. [Obama Administration Lets DREAMers Leave And Re-Enter Country, Federale, VDare, October 23, 2014]

Now, I have no solution to this problem. The Democrats control Congress, the Department of Homeland Security Office of Inspector General (DHS OIG) is a Deep State Republican with no interest or courage to take on the illegality of the Biden Regime. A legislative amnesty might be dead, but that is not saying much.