The histrionics by the Treason Bar and Libertarians continue unabated. As expected, they are lying or misleading the public with their claims of doom and death. David J. Bier, Director of Immigration Studies at the Cato Institute, is leading the charge. Since he claims to be an immigration expert I will call him out for deliberately lying, and, as the kids say, we have the receipts. The Treason Bar has also jumped in on the lies, though the usual suspect, Aaron Reichlin-Melnick, words it a little more cleverly so he won’t be held accountable by the Bar Association for ethics violations.

The issue that they are lying and dissembling on is the alleged right of an alien arrested for illegal entry into the United States, in the parlance Entry Without Inspection (EWI), a violation of Title 8 United States Code (USC) Section 1325, Improper Entry By An Alien, to be asked specifically if they are claiming asylum or have a fear of persecution if deported from the United States.

The globalists and libertarians answer in the affirmative: an immigration officer, when removing an alien under Expedited Removal must specifically ask an alien if they want asylum or have a fear of persecution.

Here is the statement by the Treason Bar globalist:

Under current rules, before anyone can be deported, DHS must ask if they fear persecution/torture in the country to which they would be deported.

This new rule seemingly eliminates that. We still need to see the text of the interim final rule to evaluate DHS's characterization.

— Aaron Reichlin-Melnick (@ReichlinMelnick) June 4, 2024

No, This Is Not True

Here is the claim by the open borders libertarian:

Someone explain to me how DHS is planning on imposing the 5-year expedited removal reentry bar *when they are explicitly ignoring the expedited removal process*. It's doubly illegal. https://t.co/QGzFg8LVVp pic.twitter.com/tvIY6LXzhI

— David J. Bier (@David_J_Bier) June 4, 2024

Again, False

Bier is addressing the issue indirectly, claiming that any alien removed using Expedited Removal is not legally deported, and consequently the 5-year bar to reentry after deportation does not legally apply, as they were not asked by an immigration officer if they wanted asylum or feared persecution.

Here Bier is more specific, even quoting the law, but Bier apparently did not read what he so assiduously screenshot and posted.

So the 5-year bar only applies if a person is ordered removed after formal removal proceedings OR "under section 1225(b)(1)". Check 1225(b)(1), and the very first part of 1225(b)(1) is, guess what, ASYLUM screenings, which they are not planning to do. So illegal. pic.twitter.com/A3EA0Ud4eO

— David J. Bier (@David_J_Bier) June 4, 2024

Not True

Here are the two screenshots of the statute that accompanied his X:

Here is the statutory language with a link:

(1) Inspection of aliens arriving in the United States and certain other aliens who have not been admitted or paroled
(A) Screening
(i) In general

If an immigration officer determines that an alien (other than an alien described in subparagraph (F)) who is arriving in the United States or is described in clause (iii) is inadmissible under section 1182(a)(6)(C) or 1182(a)(7) of this title, the officer shall order the alien removed from the United States without further hearing or review unless the alien indicates either an intention to apply for asylum under section 1158 of this title or a fear of persecution.

8 USC § 1225, Inspection By Immigration Officers; Expedited Removal Of Inadmissible Arriving Aliens; Referral For Hearing, unattributed, LII, undated

What the Treason Bar and the libertarian are doing is ignoring that most important word in the statute, “indicates.” That means that the responsibility to inform the immigration officer lies with the alien.

Now, in the past, up until yesterday, it was policy for immigration officers, either those arresting an alien in the United States or detaining an arriving alien at a Port-of-Entry (POE), for the immigration officer to ask if the alien feared being deported. From day one of Expedited Removal that was the policy. As an immigration officer at the time of the implementation of Expedited Removal, we always asked the alien in question if they feared going back.

The problem was that aliens always had a fear of some sort. For Mexicans it was the fear of not finding a good job in Mexico; in one case we had a Swiss citizen claim he could not go back because he would be arrested for being a homosexual. Of course, neither of those claims is a credible fear of persecution; one was not colorable as a credible fear of persecution and the other was not factually true, respectively.

But what we had to do was place them in custody. They would spend a night in the city jail, a predominately black city, where the legacy Immigration and Naturalization Service (INS) POE where I worked contracted for detention space. The next day they would withdraw their claims because they had not known the consequences of their asylum or fear claim, and, more importantly, they did not like being held in custody in a jail filled with dangerous black criminals.

But it was policy that we had to ask the asylum-and-fear question. Subsequently we emphasized to claimants that they would be spending their time in jail before they had an interview with the Asylum Officer, usually at least three to four days—not including the time allotted to a deferred inspection for the taking of another detailed sworn statement about why they wanted asylum or had fear of deportation, which generally stretched out to a week or more if they did not withdraw their fear claim and agree to deportation.

So, the Treason Bar soy boy is almost technically correct, as he says “Under current rules…,” but since his X posting was dated June 4, 2024, he was still technically wrong, as the Biden Regime had by June 4th removed the requirement that an immigration officer ask the alien being removed if the alien wanted to apply for asylum or feared persecution if deported.

So, both are wrong, although the Treason Bar soy boy missed the truth only by a day.

But Bier goes on to lie more explicitly. He claims that people will DIE because of these instructions, in a hysterical X posting, while at the same time including a screenshot that gives a long list of statements by aliens that immigration officers are supposed to accept as a claim to asylum or fear of persecution.

Biden's anti-asylum EO implementation guidance basically says: "Don't ask if anyone fears persecution or torture" specifically so that his agents don't find out that they are deporting people to persecution or torture. So heinous. pic.twitter.com/lA7ehsj0eH

— David J. Bier (@David_J_Bier) June 4, 2024

Shout the Lie, Whisper the Contradictory Facts

Here is the attached image from the implementing memorandum from U.S. Immigration and Customs Enforcement (ICE).

Here is the quotation from the memorandum.

Statements of fear

For example, statements may include, but are not limited to, the following;

I am afraid to go to [country]

I don’t want to go to [ country] because I [or my family traveling with me

or my family in my home country] will be harmed

Individual or group] will hurt me [ or my family]

I am afraid of [country’s government or governing group]

Statements that the noncitizen was previously harmed in their home country or country of removal

Statements that, if traveling in a family unit or family group, the noncitizen’s family member was previously harmed in home country or proposed country of removal

Evidence of physical injury consistent with abuse (e.g., bruises, scars)

Evidence of self-harm

Non-verbal actions that may indicate fear such as hysteria, trembling, shaking, unusual behavior, changes in tone of voice, incoherent speech patterns, panic attacks, or an unusual level of silence.

Implementation Guidance for Noncitizens Described in Presidential Proclamation of June 3, 2024, Securing the Border, and Interim Final Rule, Securing the Border, by Patrick J. Lechleitner, Deputy Director, ICE, June 4, 2024

So, the illegal aliens who want asylum will be accommodated. All they have to do is say the magic words, or shake and cry.

But why the lies? Because the Treason Bar and the David Bier want open borders. Better a hundred false asylum claimants are in the country than one good claimant is deported. The implication is this means open borders.

"They aren't all asylum seekers" totally misses the point. We don't want to send one person back to persecution or torture. If that requires letting in 10 or 100 who want to work, so what? My tax dollars shouldn't go to help any persecutors or torturers. https://t.co/hoh2MOyyz4

— David J. Bier (@David_J_Bier) June 6, 2024

Open Borders Libertarian

Here is Bier’s response. Basically a non-response, he avoids the question and the implications of his preferred policy by dishonestly deflecting.

Good deflection. Lots of ways to make the situation better. Banning asylum isn't one of them.

— David J. Bier (@David_J_Bier) June 6, 2024

Open Borders Is Better Than Asylum Fraud?

Just what are those “Lots of ways to make the situation better”? He does not say. But the solution to infinity illegal aliens gaming the system is mass deportations.