As usual for RINOs, the legislation does not solve the problem of juvenile illegal aliens, but worsens the problem by opening up new avenues for juvenile illegal aliens previously ordered deported, but who failed to either appear for their hearings or have absconded after being ordered deported to get their deportation order expunged and then given a new deportation hearing.
First, the lies from Cornyn:
Deer Park Broadcaster July 14, 2014In a fine start, the first claim is not true. What it does is create a Rube Goldberg contraption, creating a whole new immigration procedure where an Immigration Judge of the Executive Officer for Immigration Review accepts for applications for admission de novo and adjudicates that application for admission despite the fact that the alien entered without inspection, e.g. did not appear before an immigration officer and apply for admission with a valid immigrant or non-immigrant visa, then has the Immigration Judge continue on with a deportation hearing, essentially giving the alien two strikes at the ball after entering the United States illegally.
Cornyn, Cuellar Offer HUMANE Act To Solve Border Crisis
Improve the William Wilberforce Trafficking Victims Protection Reauthorization Act (TVPRA) of 2008—treating all unaccompanied migrant children crossing our border with equality under the law, and allowing for voluntary reunification with family, whether they are from Mexico, Central America, or any other country.
It does not treat the juvenile illegal alien the same as if they were from Mexico or Canada, as in those cases, the aliens are Voluntarily Returned (VR) or are administered an expedited removal and immediately deported back to Mexico.
Keep current protections for safe repatriation.
Allow unaccompanied migrant children who have a claim to remain legally in the United States to make this claim in court before an immigration judge within 7 days of the completion of Health and Human Services screening under the TVPRA of 2008. It authorizes up to 40 new immigration judges for this purpose, and keeps current law in place requiring HHS to make all efforts to secure pro-bono legal counsel for the child.
Require immigration judges to make a determination as to whether an unaccompanied migrant child is eligible to remain in the United States within 72 hours of making their claim. Children who succeed in their claim will be allowed to remain in the United States in the custody of a sponsor while they pursue their legal remedies. Children who do not successfully make such a claim will be reunited with family in their home country.
Require the Secretary of Health and Human Services to provide unaccompanied migrant children with protective shelter while they are awaiting their initial hearing in court before a judge.This addresses a non-problem, as most are released as a completion of the smuggling cycle to illegal alien relatives already in the United States. Again, these illegal aliens have no incentive to ever appear at a hearing or to leave if ordered deported.
Allow access to these expedited court hearings for unaccompanied migrant children who have already been released to sponsors with notices to appear in immigration court.
Require the Secretary of Health and Human Services to conduct FBI fingerprint background checks on any person taking custody of an unaccompanied alien child. Prohibits the Secretary from releasing children to persons convicted of sex offenses and human trafficking.
Require a plan and provide for additional resources necessary for operational control of our southern border.Plans, of course, are a dime a dozen. The Obama Regime will not build a fence or control the border. There is no mechanism to enforce this do-nothing proposal for a plan.
Worse yet, the Federation For American Immigration Reform (FAIR) has discovered that the Cornyn proposal gives those juvenile illegal aliens previously ordered deported the right to have their deportation order expunged and to re-apply under the above Rube Goldberg procedures for admission or asylum.
Breitbart by Matthew Boyle July 16, 2014Cornyn's office replied with a series of evasions:
Anti-Amnesty Group: Cornyn's New Immigration Bill Doesn't Fix 2008 Trafficking Law Anti-amnesty group Federation for American Immigration Reform (FAIR) says that Senate Minority Whip John Cornyn’s new immigration bill with his Texas colleague Democratic Rep. Henry Cuellar doesn’t fix the 2008 human trafficking law it purports to fix.
“Last night we just discovered language hidden in the bill stipulating all illegal alien minors who have entered the U.S. since January of last year can file a motion to have their final order of removal expunged and then gives them an opportunity to reapply,” FAIR communications director Bob Dane told Breitbart News. “That means 80,000 or more Central American kids get a second bite of the apple.”
Dane points to section 103 of the bill, the text of which was introduced by Cornyn and Cuellar on Tuesday evening.
On pages 16 through 19 of the 50-page bill, Dane from FAIR says, section 103 details how any “illegal alien minor from Central America, who entered within the last year and a half” can “file a motion to get either his notice to appear or final order of removal expunged.”
Cornyn spokeswoman Megan Mitchell provided the following comment in response to FAIR’s comments after publication:So, if they did not appear in court the first time, why would they show up a second time if it is likely they will be deported? And if the Obama Regime did not deport them the first time, why would they deport the same illegal alien when they received a second deportation order? Of course the Regime won't.
There is not hidden language in our bill. It is up on our website for FAIR, you and anyone else to read. The provision in which you mention is designed to address children who were issued a notice to appear before this bill will go into law. As you know, many are issued a notice to appear and never show up. I think FAIR would agree that we cannot count on the Obama Administration to bring these children to court. Once in court they will receive a hearing that will likely result in their removal as opposed to staying in the country with a deportation notice that will not be enforced. Again, this is about solving a problem. People can criticize and watch the problem get worse or they can do something to address the problem. We choose to address the problem.
But the real reason that Cornyn has this proposal is that they are counting on the Immigration Judges to conduct their own Immigration Court Amnesty as my blog has exposed before.
Instead of being able to pin the blame on the Regime for not enforcing the law, the RINOs and the Regime will just point to the Immigration Judges, blame them, and claim that there is nothing that they can do. Of course, there will be something the Regime can do if Immigration Judges start approving the applications for benefits by these juvenile illegal aliens, they can appeal the decision to the Board of Immigration Appeals, or to the Attorney General, who supervises Immigration Judges. However, the plan will be to not appeal fraudulent decisions in favor of the aliens, as the Regime failed to appeal countless cases, including that of Zeituni Polly Onyango and Onyango Obama. The fix is in, Cornyn and Obama plan to hide the amnesty in the immigration courts.
Further evidence is that the Obama Regime has approved credible fear claims by ten-fold, allowing illegal aliens to obain asylum status, then green cards in immigration court.
The Daily Caller July 14, 2014 by Neil MunroYou read it here first, the fix is in between Cornyn and Obama to "solve" the problem by an immigration court amnesty.
Leaked Data Shows 10-Fold Increase In Obama’s Asylum Approvals
The number of foreigners who successfully filed asylum claims in the United States almost tripled from 2012 to 2013, up to 30,393.
That’s 10 times the number from 2008, when President Barack Obama was elected, and it is evidence his immigration officials are agreeing that many people in the growing wave of Central American migrants face a “credible fear” of harm if they are returned. Official approval allows the migrants to file for asylum in immigration court, where judges will approve or reject the asylum request.
If you came illegally to the U.S. seeking asylum in 2013, you had better than a four-in-five chance of successfully filing an asylum claim. That’s up from a three-in-five chance in 2008.
The migrants include mothers with children, and youths who have been brought north by their parents who are living illegally in the United States. Roughly 240,000 migrants — parents, youths and children — are expected to cross the border by the end of September.