Transforming America, One Immigration Case At A Time

Syracuse University’s Transactional Records Access Clearinghouse (TRAC) has issued another of its periodic reports on immigration, one that Americans should find disturbing. According to TRAC, immigration judges are ruling in 57 percent of the cases that come before them that the alien should be permitted to stay in the United States.

Think about that. It isn’t that our immigration enforcement officers are bumbling incompetents who don’t know an illegal alien from their elbow. In fact, the vast majority of apprehensions made every year are by Border Patrol agents in the regions directly proximate to our southern border, where there’s little doubt as to who they’ve taken into custody.

What this means, then, is that nearly six out of every 10 aliens caught entering illegally from Mexico are being given a pass by the immigration courts. It pretty much puts the lie to claims that “recent border crossers” are a top enforcement priority for the Department of Homeland Security even under this administration’s goofy rules for picking and choosing who gets arrested and who doesn’t.

How could this happen? In a word: asylum. People tend to think of the rules for who gets asylum as being pretty cut and dry, but that’s not so. There is a squishy, tractor-trailer-wide loophole for people who are members of an ostensibly persecuted “particular social group” that has become a kind of one-size-fits-all tool for liberal-leaning immigration judges.

So even though generalized violence of the type faced by many Central Americans in their crime-ridden cities technically isn’t a basis for claiming asylum, if the individuals at their court hearings can wedge themselves into a particular social class (often “I was being targeted by criminal gangs”, which is a hard one to prove, but also hard to disprove) then it all turns on the judge’s assessment of the individual’s credibility — a subjective gauge if ever there was one. And there are migrant advocacy groups by the dozen who make it their specialty to assist aliens in preparing for their hearings to be sure that they avoid foolish mistakes in their testimony that would readily throw them into the deport basket as economic migrants.

By Centre for Immigration Studies
Read full article HERE

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