Friday, December 11, 2009

I Don't Think So

Janet Reno Napolitano has assured us, assured us mind you, that in the 'unlikely event" that Khalid Sheik Your Booty Mohammed and the other 9/11 masterminds heading for criminal trial in New York City, are aquitted, they will not get any immigration status, but will be immediately deported. The Wannabee Waco Killer also assured us that they will be brought into the U.S. for trial and not be given any status, but will be paroled in. (h/t Center for Immigration Studies

Wrong on both counts Janet baby. First, all the killers will have status. Yes, that status will will be parole, but that is a status. As a matter of fact, a parolee can be adjusted to legal permanent residence. And that is the goal of this trajedy of errors on behalf of Waco Wannabee Janet and Eric "I hate white people" Holder. Once KSM and his cohorts are here, there is no legal impediment to granting him legal permanent residency at the discretion of the Secretary. And if the Secretary isn't so disposed, all they have to do is find a liberal federal judge, or perhaps the 9th Circus Court of Appeals to grant it.

Waco Wannabee Janet also stated that they cannot apply for asylum or refugee status. Another lie.

"'They are paroled [i.e., brought] into the country only for purposes of prosecution. There are no immigration benefits that accrue to that. Are they able, for example, to apply for asylum or refugee status? The answer is, "No," she said.'"

Anyone can apply for asylum, and remain here while that application is adjudicated and reviewed by the federal courts, up to the Supreme Court. While a terrorist can be denied asylum, we actually give asylum to many terrorists, such as IRA terrorists. Definately a 14th Amendment issue there.

More importantly, they can apply, even as terrorists, under the Convention Against Torture (CAT), to with holding of removal, which is a permission to remain in the U.S. because of a threat of torture to where they will be deported.

While there is a minor impediment to granting a terrorist legal permanent residency, if they are aquitted, possibly because he was tortured or not Mirandized, that aquital can be presented as evidence in court that he is not a terrorist. And since the only evidence that he is a terrorist is classified, there is a good chance that evidence cannot be presented before an immigration judge, a federal judge or an appeals court due to its sensitivity.

Secondly, in the event any of the 9/11 conspirators are not convicted, to where will they be deported?

No country will accept KSM and his cohorts. KSM is from Baluchistan, a part of Pakistan that is in revolt against the central government. Pakistan will not accept KSM. Who will? Who will accept the others? None.

Should Saudi Arabia accept them, the execution will immediately follow. And then they will qualify for asylum or withholding under CAT.

Waco Wannabee Janet says that they will be immediately deported.

"'In the off-chance [i.e., unlikely event] that there were to be an acquittal, those individuals would immediately be put into removal proceedings and deported from the country,'she said."

Immediately? Not likely there. Deportation is quite involved, especially if an alien wants to fight it. As a matter of fact, they can go all the way to the Supreme Court. And, as in the cases of aliens being deported to countries like Somalia, the lower courts routinely interfere with deportations, as well as for other reasons, like CAT.

And, if the alien was abused in any way, like at Gitmo, the alien can claim status as a crime victim and obtain an T or U visa. If Holder is going to prosecute the CIA torturers, then KSM can remain here as a potential witness.

So, Waco Wannabee Janet is not going to be deporting anyone anytime soon.

Remember you heard it here first, many moons ago.

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