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Judge to Alien: Come Back to See Me in 2017

MS13 Gang Members Invade US

Establishment Republicans are touting various proposals to add more judges to the nation’s immigration courts and to otherwise beef-up the process of making the asylum determinations currently being abused by the Obama administration, but allegedly required by the Trafficking Victims Protection Reauthorization Act (TVPRA), or Wilberforce Act, which became law in the last weeks of the George W. Bush administration.
We think the attention being given to the Wilberforce Act is a distraction from the real problem which is Obama’s refusal to faithfully follow the laws passed by Congress to secure our borders. And in practical terms, it gives Obama the power to appoint more immigration court judges who share his open borders philosophy or who will be handpicked by far-left race-based organizations like La Raza.
And, as an article from yesterday’s Washington Post illustrates, who these judges are, and their philosophy, is of vital importance if Republicans continue to be distracted by the focus on the Wilberforce Act.
Washington Post writer Antonio Olivo reported “The U.S. Department of Health and Human Services, whose job is to ensure that the children are cared for while they await deportation proceedings, said it helps fund the cost of food, clothing, school and medical screenings when the children are housed at a shelter.”
“Children spend less than 35 days on average at the shelters and do not integrate into the local community,” Kenneth Wolfe, an agency spokesman, said in an e-mailed statement.
Now here’s the key point from Olivo’s article:
But during a Juvenile Court proceeding at a federal immigration court in Arlington on Wednesday, some children left with the impression that they’d be around for a while.
John Bryant, an immigration judge, went through his busy caseload, engaging in idle chitchat with each of about a dozen teenagers who appeared before him to put them at ease.
He then ordered them to come back in several months, with one child seeking asylum told to return in February 2017.
” (Emphasis ours)
Temporary? Short term? Not a chance.
The Washington Post article is illustrative of why we need enforcement at the border and we need it NOW.
And current Republican proposals in Congress fall far short.
The Center for Immigration Studies has done a detailed analysis of the Helping Unaccompanied Minors and Alleviating National Emergency (HUMANE) Act introduced by Senator John Cornyn (R-Texas) and Rep. Henry Cuellar (TX-28) and concluded it is “poorly crafted and highly deceptive.” (link to the full analysis at the end of this article)
The HUMANE Act indeed provides accelerated processing for unaccompanied minors (UAC) from Central America – but the proposed new process is far more lenient than current law provides, and it would also be expanded to cover illegal juvenile crossers from Mexico, which would likely motivate an even larger flow of illegal migrants.
In other words the Cornyn – Cuellar bill would offer a new form of accelerated hearing to apply for status to juveniles from Mexico, who under current rules can be returned expeditiously.
The new, accelerated proceedings would provide immigration judges with new authority to grant permanent residence to UACs if doing so would not be “manifestly unjust”—an open-ended phrase that has no prior meaning or context in immigration law and would open the door to approval to virtually all UACs. This is a stunningly lenient standard for awarding green cards.
Although the bill refers to “expedited” procedures, in fact it eliminates the possibility of using existing INA procedures for expedited removal even for juveniles who have not been subject to severe forms of trafficking under the TVPRA, and instead requires hearings in front of an immigration judge. Additionally, if the alien absconds, the case is frozen and the judge cannot issue a removal order (as is allowed under current law).
According to CIS the bill offers a chance for all UACs who arrived after January 1, 2013 to ask a judge to expunge all prior enforcement actions, including an order of removal or notice to appear for proceedings, so that they can apply for a green card under the new, more lenient process. This is essentially an amnesty for any UAC from the current surge who has already been processed.
The Cornyn – Cuellar bill expands the definition of UAC beyond current law to allow any alien who crossed unaccompanied as a juvenile to apply under the new, lenient process.
The so-called HUMANE Act does nothing to address the real problem – lack of enforcement – and it allows Obama to appoint additional lenient immigration judges and it creates new classes of potential asylum seekers.  
Republicans, as usual, are getting suckered by Obama and the Democrats. The Cornyn – Cuellar bill IS a distraction that, if it passes the House, will only prove to be a plate upon which the Gang of Eight bill or something equally distasteful is served on a take it or leave it basis.

Click here to read the full report on the so-called HUMANE Act from our friends at the Center for Immigration Studies

Click here to read the Olivo article "D.C., suburbs want to know extent of local influx of Central American children" in The Washington Post

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