Tuesday, August 24, 2010

Ooopps, I Overstayed

Appologies to the tramp Britney Spears, but that is not an excuse for overstaying your period of admission, much less by overstaying by two years. Many reasons are given by illegal aliens for violating our laws, but claiming it was a mistake? Then applying for political asylum after you are caught?

In all Abraham Jaars and his wife Delicia, as well as their children, have been in the U.S. for 24 years illegally.

A North Side family, fighting for years to remain in the United States, now
faces a larger battle.
Abraham Jaars, who left South Africa 24 years ago with
his young family amid a fractious apartheid regime, has cancer and precious time
left.

Yet efforts to deport him, his wife, and their son and daughter
persist, despite a judge’s recommendation five years ago that the matter be
settled.

“The Jaars(es) are productive members of our society who have come to
know this country as their home,” wrote U.S. District Judge R. Guy Cole.

The 6th U.S. Circuit Court of Appeals upheld a previous denial of
asylum, and Cole agreed with the technical legal reasons for that decision. But
he said “this result appears pointless and unjust.”

Abraham, 68, his wife, Delecia, and grown children Roslee and Grant
have had nothing more than a traffic ticket since they left South Africa in 1986
on six-month visitor visas. They own a house and cars, paid their taxes and are
active in their church, said Ryan Mowry, a friend of the family’s.

Cole had encouraged federal immigration officials to, “at a minimum,
consider indefinitely deferring enforcement,” according to court records.

But that hasn’t happened, said the family’s attorney, Dennis
Muchnicki. “They have been fighting it tooth and nail,” he said of
Immigration and Customs Enforcement, “and never attempted to resolve the
matter.”

The family members have said they inadvertently overstayed their visas
by two years but sought asylum based on persecution under apartheid. Mr. and
Mrs. Jaars are multiracial.


The case of the Jaars typifies what is wrong with our immigration system. Illegal aliens openly flout the law, working, buying houses and cars, and allegedly even openly pay their taxes, by which I presume they mean income taxes. All with no problems.

Then we are expected to believe that they "mistakenly" overstayed for two years. The details are not in the story, but most likely they were either arrested or exposed in some manner, then filed for political asylum in an effort to remain. And filed not when they first arrived and stayed for two years, but only suddenly became aware of apartheid in 1988, and decided that they did not want to return there. The obvious question is why they did not apply for asylum at the American Embassy or Consulate in South Africa. They applied for the tourist visa, why not asylum, or, more technically, refugee status? Then, why did they not apply for asylum immediately after arriving? Clearly the asylum application was defensive in nature, trying to stave off deportation. But in any event by 1990, apartheid was over and they could have returned with no problems then.

But, as their attorney has said, they are fighting deportion "tooth and nail." To what reason one does not know, don't they like Nelson Mandela's democracy?

Worse yet, Immigration and Customs Enforcement has been colluding with the Jaars by refusing to remove them:

Five years ago, Rob Baker, former field-office director for detention and removal operations in the Detroit office of ICE, delayed deportation by one year but promised nothing more. “I can't have personal feelings about these cases, about whether they’re being wronged or not,” Baker said then . “I really have to use the law and follow it to the best of my ability.”

So, they got the Olley, Olley, Oxen Free, one year free that became five years. Which leads to the ICE policy of deferring actions against illegal aliens. And to what purpose? Obviously ICE was waiting for the amnesty that never came and has been administering their own administrative amnesty of deferred action.

Now they are begging for indefinate deferred action in anticipation of the next unyet realized amnesty.

Cole had encouraged federal immigration officials to, “at a minimum,
consider indefinitely deferring enforcement,” according to court records.

Frighteningly this demand for deferred action came from a sitting federal district court judge, R. Guy Cole, who should know better than to interfer in executive authority, much less on the side of lawlessness. If Judge Cole wants to make immigration policy, he should resign and run for Congress, where immigration policy is supposed to be made.

Of course, the radicals have made this a moral crusade, demanding exemption from the law for the Jaars.

“The idea that government officials should divorce their personal
consciences from their unconscionable acts is a disgrace,” said Muchnicki.
“Faceless bureaucrats always find it easier to be cruel rather than to take the
risk of being kind.”

Making the deportation of the Jaars to the beautiful multiracial democracy of South Africa the equivalent of participation in genocide. And, by the way, demanding that an executive branch official violate their oath of office, sort of like ICE and Obama are doing in countless other cases.

There is no reason that the Jaars should not benefit like Jessica Colotl and countless others have. Perhaps this newspaper article is part of the strategy, which is very likely, to get indefinate deferred action, much as others have done.

Stand by for news on the deporation of the Jaars. Time will tell.

2 comments:

Anonymous said...

interesting story.

Anonymous said...

interesting story.