Two Honduran illegal aliens who claimed asylum have been released, and this is apparently due to the Omnibus failure which perpetuates the discredited “Catch-and-Release” policy of the Obama Regime. Whether the two were part of the Caravan of Death To America is yet to be determined. However, the two illegals got what they wanted, release into the United States to likely never appear in court, this despite the new policy of prosecution of 100% of illegals and deploying more immigration judges to the border to quickly process asylum applications.
President Donald Trump has signed executive orders twice to end “catch and release.” However, federal agencies continue to release undocumented immigrants, expecting them to show up at immigration court.
For one family, their journey is about far more than their court appearance, though.
While most people see undocumented families for the first time at bus stations along the border, the journey begins long before that. The bus station is just where most undocumented immigrants meet their families in the U.S. after their release from federal custody…
Melvin Toledo and his son, Melvin Jr., are among the immigrants taking advantage of the center before they continue their journey to see their family in Houston. Toledo agreed to let us travel with him on the last part of his journey, on his way to meet his brother in Houston.
[Honduras To Houston: Undocumented Family Fights For Their Dreams, by Oscar Margain, KENS, May 12, 2018]
The story is from south Texas and we know Toledo entered the United States illegally across the Rio Grande. He did not do what most of the caravaners did at the San Ysidro border crossing, which was present themselves at the Port-of-Entry (POE), and then were processed without presenting entry documents for asylum. Eleven of the caravaners who illegally crossed near San Ysidro were arrested and are being criminally prosecuted for violation of Title 8 United States Code, Section 1325, Illegal Entry.
While Toledo was likely not in the caravan, there is no reason he shouldn’t be criminally prosecuted. This is especially true, since the Federal courts in south Texas have extensive experience with prosecuting illegal aliens for crossing the border without inspection in the ongoing Operation Streamline. Despite the fact that Toledo was released, there is no legal reason why charges cannot be filed. The important question is why Ryan K. Patrick, the United States Attorney for the Southern District of Texas, has refused to implement the instructions from his boss, the Attorney General.
Worse yet though is why Toledo was not immediately removed from the United States using Expedited Removal. Toledo was arrested by the U.S. Border Patrol and he was processed by them. Toledo made a claim at a fear of returning to Honduras, but whether that claim was credible or not is important. From the article he presented no credible fear of persecution by the Honduran government. In fact, he admits coming to the United States for economic reasons and presents no evidence of persecution by the government, just a fear of crime in Honduras.
Melvin and his son made a month-long trek to the U.S.-Mexico border. From their hometown of Comayagua, Honduras, they used any medium of transportation they could find to smuggle through Guatemala, Belize, and Mexico, where he said that they were robbed at gunpoint.
The 33-year-old father knew it would be risky but it’s a decision he needed to make for his own safety and for his son’s. The violence in his country drove him out, while poverty there is what he says brought him to the U.S.
Toledo also conspired with alien smugglers to cross the Rio Grande, another crime, 18 USC 371, Conspiracy.
Melvin says that he spent about $3,000 to get to the U.S., including the $200 he paid a smuggler to get him across the Rio Grande River. He swears that he’ll abide by U.S. law while he’s in the country.
Instead of being released to likely never appear again, Toledo should have been deported immediately using Expedited Removal and instead of holding him for a flight to Honduras, he should have been deported immediately to Mexico, where he came from.
It is clear we can attribute this failure to use Expedited Removal to Kirstjen Nielsen, Secretary of the Department of Homeland Security. It is her responsibility to see that the immigration laws of the United States are enforced. Yet to date, it seems that illegal aliens are still avoiding being removed from the United States by Expedited Removal, U.S. Customs and Border Protection (CBP) is still failing to require that aliens applying for asylum present a credible fear of persecution before being processed in Immigration Court for an asylum claim. And Nielsen was the force behind the Omnibus bill which decimated the funding for holding illegal aliens like Toledo in custody until their immigration hearings.
It was also promised that immigration judges would be deployed to the border to process the upsurge of asylum claims while the aliens were kept in custody, but Toledo and his son were able to avoid an immigration hearing in south Texas, but were released to travel elsewhere, likely to never appear for any hearing. It appears that the Deep State in the Department of Justice and DHS are actively thwarting President Trump’s instructions on stopping the caravan, ending Catch-and-Release, and securing the border, including Nielsen and Sessions.
President Trump is rightly perturbed about Nielsen’s performance, she is a complete failure and appears to be sabotaging immigration enforcement. President Trump was able to impose his will on the saboteurs at the Department of State who did not want our embassy in Israel transferred to Jerusalem. Here President Trump had the will to impose his policy on bureaucratic opposition. President Trump must do the same with the saboteurs in DHS, impose his will on the bureaucracy. It can be done.