Wednesday, January 20, 2016

Illegal Alien Overstays In The News Again

In late December 2015, the execrable Alan Bersin, Friend of Bill (FOB), lawyer, no experience in immigration or customs law enforcement, not confirmed as Commissioner of U.S. Customs and Border Protection (CBP) because of his employment of illegal aliens, and given a purely political appointment as Assistant Secretary for International Affairs at the Department of Homeland Security (DHS), testified that CBP and DHS have no idea as to the number of illegal aliens who overstay their period of admission to the United States using a non-immigrant visa, e.g. aliens who enter the United States, are inspected and admitted by an immigration officer.  That, of course, was a lie, and Bersin should be prosecuted for that lie.  CBP in less than 30 days was then able to produce a report, though limited to aliens inspected and admitted at air and sea Ports-of-Entry (POE), showing that almost 500,000 aliens admitted in 2015 overstayed their period of admission.

And for the record, reports state that the aliens in question overstayed their visa.  That is not correct. A visa is a permit to apply for admission before an immigration officer at a POE designated by the Secretary of DHS.  A period of admission is the time given to the alien to remain in the United States. Just another example of the ignorance of most in the press who write about the immigration issue.


Note that this does not include the number of overstays by those who enter at land border POEs.  The number of overstays from land POEs on the Mexican border is greater than all other POEs combined. [Nearly 500K Foreigners Overstayed Visas In 2015, Alan Gomez, USA Today, January 20, 2016]

MIAMI — Nearly half a million foreigners who legally entered the U.S. remained here after their visas expired last year, according to a government study that is the first of its kind.
The report, obtained by USA TODAY, is the first analysis of a population that is largely unknown. The so-called "visa overstays" represent an estimated 40% of the 11 million undocumented immigrants living in the country, but are overshadowed by undocumented immigrants who sneak across the nation's southwest border with Mexico.

For the record, the information on overstays has been available to the government since the computerization of entry and departure records in the late 1970s.  As an Immigration Inspector in the 1990s for the predecessor to CBP, the Immigration and Naturalization Service (INS), I routinely used such records to ferret out aliens misusing non-immigrant visas to regularly enter the United States while maintaining an illegal residence in the United States.  The lighting speed of the report to Congress also shows Bersin lied, as such a complicated report could not be created in such a short time if the data did not already exist in a readily retrievable format.  The information has always been there, it was just not reported because of the stunning impact on the extent of the problem, but also the evidence it provided that CBP is not doing its job.  It is no longer making the effort to uncover those who use non-immigrant visas to live in the United States, as most illegal aliens who use a non-immigrant visa to enter with the intent of living illegally in the United States, use that same visa to enter multiple times.  More importantly, as far back as 2011, the Obama Regime stated that it knew the scale of the problem of overstays, but admitted it would do nothing about it, as after it determined the scale of the problem, it declined to search out, arrest, and deport the illegal aliens who overstayed their periods of admission.

An aside to the problem of overstays is the continuing failure of the Clinton, Bush and Obama Regimes to implement a requirement from the Illegal Immigration Reform & Immigrant Responsibility Act of 1996 and again in the Homeland Security Act of 2002, a major recommendation of the 9/11 Report as well, the implementation of an entry/exit biometric program to identify overstays.  Now the above report was completed without biometric information, it was completed with names, dates of birth, and Form I-94 Arrival/Departure Record numbers, a form completed by most non-immigrant aliens arriving in the United States, with minor exceptions, such as Canadians.

Now much is being made of this biometic requirement, and that is all well and good, but the wonder of new biometics such as iris imaging cannot replace either in-person inspection of departing aliens, nor the most important of all, interior enforcement.  Otherwise biometrics alone are little or no deterrent to illegal immigration by using a non-immigrant visa.  The recent overstay report is evidence itself that biometrics are not that important, personal identifiers, name, date of birth, and form number, were more than adequate.  In any event, current biometic departure plans do not include an enforcement activity except deterring future admission, e.g. there will be no arrest at the point of departure, cancellation of a visa, or other action.

In fact, CBP's public plan for biometrics does not include a plan for enforcement activity against overstays.  [CBP to Begin Biometric Entry/Exit Testing at Otay Mesa Port of Entry, CBP Press Release, December 10, 2015]

The images taken during the testing will be used for purposes of this limited project only and will not be retained or shared with any other party or system.  CBP remains committed to protecting the privacy of all travelers.
CBP’s Entry/Exit strategy includes three core pillars: identify and close the biographic gaps and enhance the entry-exit system; perform targeted biometric operations; and transform the entry/exit process through the use of emerging biometric technologies.  
No mention of arrests, visa cancellations, or orders of deportation as part of this biometric program.

As reported before, most nations inspect departing aliens for enforcement purposes, an essential key to national sovereignty and border integrity. However, this is of limited utility if there is no interior enforcement.  Under the Obama Regime, interior enforcement has collapsed.  [Interior Enforcement Disintegrates Further in 2015, CIS, December 22, 2015]

WASHINGTON (December 22, 2015) – Immigration enforcement remains in a state of collapse, according to the official statistics released by the Department of Homeland Security (DHS) today.
  • Total deportations by ICE (including both border and interior cases) declined 25% from last year, from 315,943 in 2014 to 235,413 in 2015.
  • Interior deportations by ICE declined 31% from last year, from 100,114 in 2014 to 69,478 in 2015.
  • Most concerning, deportations of criminal aliens from the interior declined 27% from last year, from 86,923 in 2014 to 63,127 in 2015.
The number of interior deportations is now less than one-third of what it was in 2011, before the Obama administration implemented policy changes that greatly restricted the types of cases that ICE officers and agents could pursue for deportation. The number of criminal alien deportations from the interior is less than half of what it was in 2011.
ICE Director Sarah Saldana said that she was "proud of the numbers" when she testified at a Senate Judiciary Committee hearing on December 2, 2015.

So, while expensive new technology is fine, there is no enforcement action as part of this expensive new program, and it will be useless if it does not include interior enforcement.  Illegal aliens will quickly learn to never leave after entering illegally.  And with no interior enforcement, nor will they be forced to leave.  This again leads us to Cuck 1 and Cuck 2 who run the House of Representatives and the Senate, Paul Ryan and Mitch McConnell, who surrendered any attempt to force the Obama Regime to get back into interior enforcement and gain control of the border.  Both agree with the Obama Regime Administrative Amnesty and that there will be no immigration enforcement in order to ensure that they replace the historic American nation.


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