The Department of Homeland Security, via. United States Citizenship and Immigration Services (USCIS) has changed its protocol when dealing with aliens who apply for a new legal status after being illegally caught in the United States.
In years prior, USCIS would deny new applications for legal status under a law that required one time illegal to wait outside of the U.S. for up to ten years before they could be eligible to apply again. The temporary yet lengthy bans are critical in deterring aliens from trying to live in the U.S. illegally.
Under Sec. Mayorkas's new rule, migrants who have been caught illegally in the U.S., will no longer have to wait outside of the country as long as they do not appear on Homeland Security's radar during the waiting period. (The same Homeland Security radar that has failed to stop approximately 50 known terrorists from crossing the border this year.)
"This is like the 'don't ask, don't tell.' We won't ask you where you've been during your inadmissible period, and you don't tell us. It's sheer craziness," said Emilio Gonzalez, who ran USCIS during the George W. Bush administration, reports The Washington Times.
Under the old system, an alien in the U.S. illegally for at least six months but less than a year must depart from the country and wait three years before applying for legal status again; an alien in the U.S. illegally for more than a year must depart and wait ten years before applying for legal status.
The Washington Times reports:
The policy, dated June 24, says the "noncitizen's location during the statutory 3-year or 10-year period and the noncitizen's manner of return to the United States during the statutory 3-year or 10-year period are irrelevant for purposes of determining inadmissibility."
The policy appears to apply retroactively. Would-be migrants who were denied based on location at the time of application can file motions to reopen their cases.
A footnote says the "manner by which the noncitizen returns … may result in the accrual of a new period of unlawful presence."
Rob Law, who led the USCIS policy office during the Trump Admin. and is now director of the America First Policy Institute's Center for Homeland Security and Immigration, said:
This is basically an invitation for any deported alien to pay the cartels to smuggle them back into the U.S. while they let the clock run out.
Rosemary Jenks, Director of Government Relations at NumbersUSA, stated:
The entire point of the 3-year/10-year bar was to deter people from coming illegally, knowing they would not be able to get in legally for an extended period of time.
Ms. Jenks added that sneaking back into the country after deportation is a felony, and that if people are allowed to sneak back into the U.S. and remain there without losing their 'place in line' - there's no reason not to attempt it.
USCIS attempted to justify the decision as something that would bring "unity to its operations," stating that the three and ten-year bans are rarely used, and offices often reach different conclusions about how to apply the rules.
"USCIS also said the change is in response to two federal district court rulings on the issue, though the agency acknowledged neither decision was binding," concludes The Washington Times.
You can read the full article at The Washington Times.
