The Rifqa Bary case keeps getting stranger and stranger. It appears now that Rifqa Bary's father, Mohamed Bary, first entered the U.S. as an illegal alien in 1980. http://atlasshrugs2000.typepad.com/atlas_shrugs/2009/10/breaking-mohamed-barys-missing-immigration-documents-status-illegal.html (h/t Atlas Shrugs http://atlasshrugs2000.typepad.com/atlas_shrugs/ for obtaining the documents.)
It appears that Mohamed Bary applied for the Reagan Amnesty at one point, but was not finally denied until 2008. While that is not unusual, cases from the 1986 amnesty are still floating around, with most of them fraudulent, just as Bary's was. It appears that at sometime he left the country during either his application process or before the 1986 amnesty, or he just lied on his amnesty application. He also applied during this period for an adjustment of status to that of L-1 non-immigrant visa for inter-company transfers of executives of corporations. Of course both applications were fraudulent, as he never provided the minimal evidence required for amnesty and was a sole proprietor of business and therefore could not qualify for an L-1 visa. There is also apparently some evidence that he left the U.S. and re-entered with another type of visa, but that is still not clear. Nor is it clear how the rest of the family entered. http://www.uscis.gov/err/L1%20-%20Legalization%20Application%20for%20Temporary%20Resident%20Status/Decisions_Issued_in_2008/Sep022008_17L1245.pdf and http://www.uscis.gov/err/D7%20-%20Intracompany%20Transferees%20%28L-1A%20and%20L-1B%29/Decisions_Issued_in_2005/JUL262005_10D7101.pdf
But this does show how easy it is to remain in the U.S. illegally while tying up not the immigration courts, but the administrative appeals system from both the legacy INS and the current DHS. The 1986 Reagan Amnesty was over twenty years ago. It was supposed to be for 1 million illegals, but 3 million obtained amnesty directly, and many thousands are still under review that were denied, but appealed constantly by communist front organizations like Catholic Social Services, which filed a series of court cases that were thrown out, but the radical left was able to lobby both Congress for delays and various administrations for partial settlements even though CSS was loosing repeatedly in the courts. http://law.onecle.com/uscode/8/1255a.html Remember, this was supposedly for migrant workers who worked in agriculture and came predominantly from Mexico. That is how it was sold to the public then, but through both a badly written law and outright fraud millions benefitted, including some of the 1993 WTC terrorists. http://www.cis.org/articles/2002/terrorpr.html
Now, Bary had his final denial in 2008 and what happened since then. Absolutely nothing. He was not arrested, he was allowed to remain in the U.S. At some point since 1980 he brought his whole family with him, and they were able to enroll in public schools, obtain free medical care and live their lives without any threat. Even more importantly Bary had the arrogance to publicly engage in a legal dispute without any fear of being exposed or arrested. This shows the arrogance of illegals. In reality, Mohamed Bary should have been arrested for visa fraud and false statements based on his clearly bogus application for the L-1 visa, but DHS of course, and both Michael Chertoff and Janet Reno Napalitano, did nothing. By doing nothing, they encourage more and more visa fraud. The usual punishment for a fraudulent visa application is just a denial. Most, like Mohamed Bary, are not enven placed in removal proceedings, much less criminally prosecuted.
Unfortuneately some on the right want to protect Rifqa Bary from deportation. While there is a threat to her from her family, she will be sent back to Sri Lanka, which is not a Muslim nation, it is a Buddhist nation that does not tolerate threats to its culture and polity from either Muslims or Hindus. Rifqa has no complaint against the government of Sri Lanka nor will she be harmed if sent back. The threat to her from her crazed Muslim parents exists here and in Sri Lanka, and, to be frank, Muslims get away with murder here much more easily than in Sri Lanka.
So, the solution here is deportation of the whole family back to Sri Lanka. Rifqa will soon be 18 years and and an adult. She speaks fluent English and will have the protection of Sri Lankan law. She could probably even enlist in the Sri Lanka military, as that is the largest and best run organization in Sri Lanka. Her English skills would also make employment with multi-national corporations in Sri Lanka a good probability.
Here are just a few of the crimes Mohamed Bary committed: 18 United States Code 1546 Fraud and Misuse of Visas http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00001546----000-.html; 18 USC 1015 False Statements On Immigration Matters http://www.law.cornell.edu/uscode/search/display.html?terms=1015&url=/uscode/html/uscode18/usc_sec_18_00001015----000-.html; 18 USC 1001 False Statements http://www.law.cornell.edu/uscode/search/display.html?terms=1001&url=/uscode/html/uscode18/usc_sec_18_00001001----000-.html; and 18 USC 1519 Creation of a False Record http://www.law.cornell.edu/uscode/search/display.html?terms=1519&url=/uscode/html/uscode18/usc_sec_18_00001519----000-.html Of course finding a lazy Assistant United States Attorney willing to make the effort to get an easy conviction will be the question, because I know that Muslims are not prosectuted by the Obama Regime. Just ask the Muslim New Black Panthers who intimidated voters in Philidelphia.
Of course, if the Barys were related to Obama they could reopen their case....................