Not “Small Changes;” Mass Asylum Amnesty Underway

The Biden Regime Administrative Amnesty for fraudulent asylum claimants has passed its test phase and will roll out nationwide. Under the guise of “small changes,” ideologically motivated Deep State operatives are now poised to grant asylum to millions of illegal aliens who have zerg rushed the border since 2014. The plan was always open the border to allow millions to enter the United States, that was the easy part. The second part always was the more difficult. For aliens who enter the United States by Entry Without Inspection (EWI), that is to cross the border illegally, itself a crime, it is very difficult to adjust status to Lawful Permanent Resident (LPR), green card holder.

There are numerous laws and policies that either prohibit or restrict an EWI’s legal options to remain in the United States, especially after the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which was supposed to end the option of EWIs for adjusting status in the United States. The Obama Regime and the Biden Regime both mostly illegally ignored the statutory prohibitions on EWIs adjusting status through a policy of illegally granting waivers to that rule outside the legal requirements. Even the Trump Administration failed to end that practice. I don’t know why they failed, merely adhering to the very restrictive requirements for waivers and ending the Obama policy of approving waivers before the alien departed the United States would have been easy.

But even the Obama and Biden policy of illegal waivers was insufficient for massive numbers of illegal aliens that are now reaching two million a year. Most have no person who could sponsor them to adjust status, so illegal waivers can account for only a relatively small number of illegal aliens who can adjust.

The Biden Regime was confronted with that problem, what to do with the illegal alien population. Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents Of Americans (DAPA) have both been declared illegal and unconstitutional, there are no legal immigrant visas available for most of the illegal aliens population, so the Biden Regime has decided that one of the routes they will go for an illegal amnesty program is the asylum route.

Asylum is supposed to be for an alien who meets the definition of a refugee and who is physically present in the United States and who is the victim of persecution in their country of nationality or last residence or has a well founded fear of future persecution.

(42) The term “refugee” means (A) any person who is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion

Title 8 United States Code, Aliens And Nationality, unattributed,, undated

The problem here is that an alien claiming asylum has to meet certain legal requirements, and showing persecution or likelihood of future persecution is a difficult endeavor. So difficult in fact, that since the implementation of the legal definition of a refugee and an asylee, the legacy Immigration And Naturalization Service (INS) and the successor Department of Homeland Security (DHS), has been fraudulently approving asylum applications for political motives. As has been said by a former Chief Counsel for the legacy INS, Jan Ting, 95% of asylum applications are fraudulent. In reality, the fraud rate is closer to 99%. I spent 8 years interviewing and adjudicating applications by refugees and asylees to enter the United States, as well as adjudicating applications by refugees and asylees to adjust status to LPR, and frankly I only found one who was a true victim of persecution by his country of nationality, he was a former Republic of Viet Nam Army officer. He was sent soon after the fall of Saigon to a re-education camp, spent years there, and was only able to get to the United States in the mid-90s. All the others just lied and the legacy INS just accepted those lies.

One of the advantages of the asylum system is that it is for the most part a system internal to the immigration bureaucracy, either DHS or the immigration court system, the Executive Office for Immigration Review (EOIR). Both, sadly, are filled with Deep State operatives or petty kritarchs. Thusly, the Biden Regime can hide an asylum program inside the bureaucracy, with few the wiser. But they did not consider that a former insider like your humble correspondent can see behind the curtain, as I have reported recently and repeatedly.

And the Asylum Amnesty has been created and tested, it is now ready for roll-out.

Even before the political spectacle of a Republican governor flying migrants to a tiny resort island in Massachusetts, President Joe Biden’s top border officials decided there had to be a better asylum system in America.

Because of new global migration patterns, people are heading toward the southern border of the United States, many fleeing instability, persecution, war, famine and economic distress. The numbers are overwhelming. For the first time, more than 2 million migrants were arrested trying to cross the border in the past year.

Venezuelans, Cubans and Nicaraguans are joining others who are lured by America’s roaring job market and the fact that Biden has promised not to separate families, build a wall across the border or force asylum-seekers to wait in squalid camps in Mexico — all policies embraced by former President Donald Trump…

The goal is to make the system faster, in part by giving asylum officers — not just immigration judges — the power to decide who can stay and who must be turned away. Migrants will be interviewed 21 to 45 days after they apply for asylum, far faster than the years it can take in the existing immigration court system. A decision on whether the migrant is granted asylum must come quickly — within two to five weeks of the interview.

Biden Is Hoping Small Changes Go a Long Way on Immigration, by Michael D. Shear and Miriam Jordan, NYT/Yahoo News, September 27, 2022

So, the solution is to give the Deep State saboteurs in the Asylum Officer Cadre the keys to the kingdom. Let those who openly tried to sabotage President Trump’s reform attempts start approving without adult supervision, asylum applications. And I do mean approve, as these ideologically motivated members of the Resistance intend to approve every application eventually, as they did not join DHS to protect America, but to act on behalf illegal aliens.

For now, the changes are tiny. Only 99 people since the end of May have completed what are called asylum merits interviews with an asylum officer and been fully evaluated under the new rules. Of those, 24 have been granted asylum, while most of the rest have had their cases sent back to the immigration court system for an appeal.

And note, the illegal aliens who are denied, get a second attempt before the kritarchs at the EOIR, kritarchs like Amiena Khan, who approves 93% of asylum applications. As Michelle Malkin said, it isn’t over until the alien wins. And in the cases that are not approved by the Deep State, the illegal aliens will wait years for their EOIR hearings, with most never appearing and burrowing into the huge illegal alien population, never to be arrested by the Biden Regime, as the Regime has stopped interior enforcement.

Migrants who cross the border between the official ports of entry are detained and given a background check. Some are deported on the basis of a pandemic-era rule put in place by Trump. For others, the law requires due process before they are sent home. Because there is simply not enough capacity to detain everyone, most of the rest are released into the United States to wait years for a hearing before an immigration judge that will determine their fate.

And that is the two-fold nature of the plan, whichever illegal alien does not win asylum from the Deep State gets released, never to be arrested. They might even get employment authorization anyway.

And what is to be done? Will the mid-term elections bring a Republican majority and will they take the necessary action to thwart the Biden Regime Administrative Amnesties? They could, but it is a matter of will.

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