Sunday, October 17, 2010

Useless DHS Failing Still To Deport Illegal Voters

The useless U.S. Citizenship and Immigration Services (USCIS) when it is not enforcing the law apparently allows useless Hearing Officers at the Executive Office for Immigration Review to sabotage even the appearance of enforcement by DHS.

The back story is that USCIS routinely allows aliens who illegally vote to skate through citizenship applications, such as occurred in Putnam County, TN. ICE and the Department of Justice similarly refuse to either deport or criminally prosecute similar illegal voters.

But even worse, those few cases that USCIS and ICE seek deportation of these illegal voters, the EOIR orders the aliens relieved from deportation.

But Ms. Cassin and other immigrant advocates said the agency was being too strict. The advocates pointed out that, in some cases, immigration judges had relied upon the same evidence to rule against deportation that immigration officials had used to deny citizenship.

In eight New York cases that Ms. Cassin recalled, none of the immigrants were deported, and all were able to maintain their permanent residency. In one, she said, the client’s application for naturalization was reopened and eventually approved.

However, what the NYT does not tell you is that USCIS and ICE are not appealing the decision by these minor functionaries at the EOIR. In fact, there is no need to show lack of moral character in deporting those who falsely claim to be U.S. citizens or vote illegally.

Under Citizenship and Immigration Services guidelines, a noncitizen’s vote does not always scuttle a bid for citizenship. The agency’s officers are required to evaluate the circumstances of the violation, as well as the “moral character” of the applicant, and decide whether the law has been intentionally violated.

As I showed before, USCIS is violating the Constitution by adding the need for the agency to take into account any "good moral character." And neither is there a specific intent requirement in the United States Code dealing with false claims to U.S. citizenship or illegal voting during criminal prosecution. The alien's good moral character or lack there of, is irrelevant. In any event illegal voting and making false claims to U.S. citizenship show a lack of good moral character. Nor is there any exception for illegal voting and claims to U.S. citizenship, except for child adoptees who have lived their whole life in the U.S.


(I) IN GENERAL- Any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A ) or any other Federal or State law is inadmissible.

(II) EXCEPTION- In the case of an alien making a representation described in subclause (I), if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be inadmissible under any provision of this subsection based on such representation.

But, DHS and its constituent agencies refuse to enforce the law and appeal the adverse and wrong decisions by the Hearing Officers of the EOIR to the Board of Immigration Appeals. They are extending the Obama Regime amnesty and the Jorge Bush amnesty before it, one illegal voter at a time.

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