Based Bill Barr Continues Assault On Asylum And Other Frauds
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The small ball victories are racking up under Based Bill.  In two moves, Based Bill has shown he has done more on immigration issues than Jeff Sessions ever did.  This is not to say either are perfect, neither has done anything on Antifa terrorism, racial discrimination against Whites, or protected the Second Amendment.  And worst of all, Jeff Sessions gave us the bump-stock ban.  But back to small ball immigration victories—I say "small ball" not to denigrate these important actions, these are important issues for those who know the details of immigration law and practice in the bureaucracy.  The public knows about the wall and the Caravans of Death To America By Demographic Displacement, and it is important, but insiders know about issues like asylum fraud and, more important, what asylum really is.


Based Bill’s Knowing Smile, You’re Going To Be Deported

Does the public know about revocation of naturalization, or as it is called in immigration law enforcement, denaturalization?  Even my Google spell-check did not recognize denaturalization.   Unlikely, but Based Bill knows about this, and he is dealing with the issue.  Denaturalization is the process by which a naturalized citizen of the United States has their U.S. citizenship overturned in a legal proceeding in a U.S. District Court. 

Previously, persons were denaturalized in an administrative proceeding, but in an unappealed District Court decision, it was required that such proceedings be done in a District Court.  This is separate from deportation, as upon denaturalization, the now-again alien reverts to their previous immigration status, usually legal permanent resident, but is then usually subject to deportation proceedings, as the reason for denaturalization is usually, though not always, related to an offense or series of offenses or frauds that if known would have precluded admission as a legal permanent resident.

Those cases are then handled in the usual manner of administrative decision making and review before the Executive Office for Immigration Review (EOIR), the immigration courts.  In most cases of denaturalization, the underlying cause is fraud at the time of naturalization, usually based on some fraud related to obtaining legal permanent residence, unknown criminal offenses at time of naturalization—usually committed while an alien in the United States—or, most rarely, some offense or behavior committed after naturalization.

Based Bill has seen the problem, which is usually inattentiveness, incompetence, or sabotage by U.S. Citizenship and Immigration Services (USCIS) employees who fail to adequately review applications for legal permanent residence and naturalization, consequently allowing ineligible applicants to obtain legal permanent residence and subsequently citizenship. 

The usual case is criminal aliens, aliens involved in immigration fraud schemes, and aliens who made false statements about other behavior overseas, usually related to terrorist involvement and human rights violations in foreign governments, like Ilhan Omar, whose father was ineligible for immigration to the United States and for naturalization because he was a member of a Communist government. 

So, Based Bill has created and staffed up an office at the Department of Justice (DOJ) to support the Department of Homeland Security (DHS) denaturalization investigations.  Just for the record, I object to involvement of the DOJ in denaturalization, as naturalization is an administrative procedure solely within DHS, and similarly, so should the denaturalization process be.

The Justice Department said Wednesday that it had created an official section in its immigration office to strip citizenship rights from naturalized immigrants, a move that gives more heft to the Trump administration’s broad efforts to remove from the country immigrants who have committed crimes.

The Denaturalization Section “underscores the department’s commitment to bring justice to terrorists, war criminals, sex offenders and other fraudsters who illegally obtained naturalization,” Joseph H. Hunt, the head of the Justice Department’s civil division, said in a statement.

“The Denaturalization Section will further the department’s efforts to pursue those who unlawfully obtained citizenship status and ensure that they are held accountable for their fraudulent conduct,” Mr. Hunt said.

[Justice Dept. Establishes Office to Denaturalize Immigrants, by Katie Benner, NYT, February 27, 2020]

As usual, the Lying Press is trying to associate denaturalization with petty criminal offenses, as if people who have smoked marijuana once will be denaturalized, though that would be entirely legal.

The move promises to further expand a practice that was once used infrequently, but that the Trump administration has increasingly turned to as part of its immigration crackdown. It has raised alarms among some department lawyers who fear denaturalization lawsuits could be used against immigrants who have not committed serious crimes.

Denaturalization is a time-consuming and expensive process involving two Cabinet departments who must each commit to each case.  By its very nature it will not be used either on a large scale or for minor offenses, especially as only certain serious offenses can result in denaturalization if committed after naturalization.  The main offense resulting in denaturalization will be either failing to provide material information in a naturalization application or making false statements on a naturalization application.

As usual, the reporter here, Katie Benner, seems to be running interference for immigration fraud perpetrators, insinuating any lie on a naturalization application is a “misstatement” rather than a lie, minimizing any offense.

Some Justice Department immigration lawyers have expressed worries that denaturalizations could be broadly used to strip citizenship, according to two lawyers who spoke on the condition of anonymity for fear of retribution.

They cite the fact that the department can pursue denaturalization lawsuits against people who commit fraud, as it did against four people who lied about being related to become U.S. citizens. Fraud can be broadly defined, and include smaller infractions like misstatements on the citizenship application.[Emphasis added.]

Now, even a minor lie, or misstatement as she so delicately describes, does not automatically result in possible denaturalization.  The government must prove that any “misstatement” is material to the naturalization outcome.

1. Concealment of Material Fact or Willful Misrepresentation
A person is subject to revocation of naturalization if there is deliberate deceit on the part of the person in misrepresenting or failing to disclose a material fact or facts on his or her naturalization application and subsequent examination.

In general, a person is subject to revocation of naturalization on this basis if:

  • The naturalized U.S. citizen misrepresented or concealed some fact;
  • The misrepresentation or concealment was willful;
  • The misrepresented or concealed fact or facts were material; and
  • The naturalized U.S. citizen procured citizenship as a result of the misrepresentation or concealment.

This ground of revocation includes omissions as well as affirmative misrepresentations. The misrepresentations can be oral testimony provided during the naturalization interview or can include information contained on the application submitted by the applicant. The courts determine whether the misrepresented or concealed fact or facts were material. The test for materiality is whether the misrepresentations or concealment had a tendency to affect the decision. It is not necessary that the information, if disclosed, would have precluded naturalization.

[Chapter 2 – Grounds for Revocation of Naturalization, USCIS Policy Manual, undated]

So, sadly, there will be no widespread denaturalizations, just targeted cases that will grind slowly through the Federal courts and the EOIR.

But this is not Based Bill’s only small ball victory.  He also took major action against asylum fraud and put EOIR kritarchs in their place, proving he is the big dog in the immigration court bureaucracy.

Attorney General William P. Barr quietly intervened in an immigration asylum case last week when he issued a decision that narrowed the definition of torture for asylum seekers who invoke it as a grounds for staying in the United States.

Barr used a process known as “certification,” a historically little-used power of the attorney general that allows him to overrule decisions made by the Board of Immigration Appeals and set binding precedent. Immigration lawyers and judges say the Trump administration is using the power with greater frequency — to the point of abuse — as it seeks to severely limit the number of immigrants who can remain in the United States. The administration is also using it as a check on immigration judges whose decisions don’t align with the administration’s immigration agenda, experts say.

The decision to intervene in a Mexican national’s otherwise unremarkable asylum case is a warning to immigration board members that even their unpublished decisions are being scrutinized, former immigration judge Jeffrey Chase told The Washington Post via email.

[On Immigration, Attorney General Barr Is His Own Supreme Court. Judges And Lawyers Say That’s A Problem, by Kim Bellware, WaPo, March 5, 2020]

In the case in question, a Mexican national escaped a mental institution in Mexico, and was claiming that he could not be deported because the Convention Against Torture (CAT) prohibited him from being deported back to Mexico because Mexican mental hospitals are as bad as one could imagine.

Based Bill overturned a decision by the Board of Immigration Appeals (BIA) the appellate body for the EOIR, in favor of the mentally ill Mexican.  Based Bill determined that the BIA had erred in determining that the bad conditions in Mexican mental hospitals was deliberate torture by Mexican government officials.  This considerably narrows asylum-like claims under the CAT.

This would seem to similarly affect other claimants under CAT that your correspondent has addressed.  It appears that finally the United States is starting to deal with the massive fraud that is the asylum system.

Thanks, Based Bill.  Now let’s get back to Zero Tolerance at the border.

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