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Reality on the Democrat “border bill” hustle of 2024

February 15, 2024 By D.A. King

FAIR Responds to the Wall Street Journal

FAIRus.org

Barely 24 hours after Senate negotiators released their “border security deal,” the editorial board of the Wall Street Journal published an editorial extolling its virtues. The piece, entitled “A Border Security Bill Worth Passing,” not only argues that the Senate should pass the legislation negotiated in secret by a handful of Senators, but that Republicans who vote against it will do so only because they want to preserve an effective election year issue. 

Three days later, most Republicans did vote against the Senate border security deal. While it is impossible to know what was in the minds of each Republican who voted against it, we do know from the whirlwind of media coverage that many did so because they thought it was bad policy.

FEDERATION FOR AMERICAN IMMIGRATION REFORM

FAIR agrees:  it is bad policy. Having spent 45 years focusing on nothing but immigration, we know President Biden could end the border crisis simply by enforcing existing immigration laws. But, because the President refuses to do so, we have urged Congress to act. Sadly, the package proposed by the Senate negotiators – and supported by the Wall Street Journal – is not only ineffective, it makes the situation worse.

To illustrate our point, we took the time to review and rebut the Wall Street Journal’s editorial. For those who appreciate a robust public dialogue, here is our response, presented as annotations to the original text.

WSJ:  Do Republicans want to better secure the U.S. border, or do they want to keep what has become an open sore festering for another year as an election issue? That’s the choice presented to Congress this week with the rollout of the Senate’s bipartisan border security bill, and we’ll soon learn what the GOP really wants.

By any honest reckoning, this is the most restrictive migrant legislation in decades. Previous immigration talks have involved trading security measures for legalizing more immigration. There is little of the latter in this bill—nothing for nearly all of the Dreamers who were brought here illegally as children, no general pathway to citizenship or green cards for most illegal immigrants already in the U.S.

FAIR:  The toughest legislation in decades is H.R. 2, which the House passed in May. That did not have any legalization provisions either. Senator Schumer refuses to take up that legislation, but Senate Republicans have already voted in favor of that bill as an amendment to the debt ceiling agreement. Senate Democrats, of course, voted it down.

  • The argument that we should pass a bill because it does not have amnesty in it, regardless of whether the provisions on the bill are good for the future of our country, is short-sighted. The ultimate factor in whether Congress passes immigration legislation should be whether it serves the national interest. If it does not, Congress should reject it. That is not to say no compromises can ever be made. But once something is codified into law, it is harder to repeal it than it was to actually pass it. The time to ensure legislation is sound is before it becomes law.
  • The Senate bill should be rejected because it will not fix the border crisis. Not only does it fail to stop asylum abuse, it encourages it. It does not end catch-and-release, but instead condones it and does nothing to stop the abuse of humanitarian parole.
  • Just to note, there is one amnesty provision in here. The Senate deal does include a pathway to citizenship for tens of thousands of Afghan nationals who were illegally paroled into the United States. We strongly oppose this: (1) because they were illegally paroled into the U.S. and that action should not be ratified by subsequent legalization; (2) multiple government reports detail how these parolees were not adequately vetted; (3) the legislation allows the Secretary to waive crimes committed by these parolees when applying for legalization.

WSJ:  This is almost entirely a border security bill, and its provisions include long-time GOP priorities that the party’s restrictionists could never have passed only a few months ago. Republicans demanded border measures last year as the price for passing military aid for Ukraine, Israel and Pacific allies. Democrats resisted at first but later agreed to negotiate and have made concessions that are infuriating the open-borders left. Will Republicans now abandon what they claimed to want?

FAIR:  Republicans (and FAIR) demanded meaningful policy changes, not money. The Senate bill offers billions in appropriations, but it already did that when it was first introduced last year. Throwing money at the problem will not solve it, and this has been our argument all along.

  • This bill does NOT contain meaningful policy changes, and in fact, does more damage. Meanwhile, billions of dollars are still given to CBP and ICE to process and release illegal aliens. For example, over $1.4 billion goes to FEMA’s Shelter and Services programs which funnels that money through nonprofits to provide illegal aliens social services.

WSJ:  The bill’s details are worth describing because they’re crucial to reducing the current incentives for migrants to come to the U.S. border. Most important, the bill rewrites the standard and process for granting asylum in the U.S.

FAIR:  The Senate bill doesn’t re-write the asylum process, it just creates a new one. It dramatically increases the incentive for asylum fraud, encouraging aliens to claim fear in order to be released and obtain a work permit faster. Further, more are likely to claim asylum if they know they may obtain it within days by an asylum officer rather than going before an immigration judge.

WSJ:  Under current law and practice, migrants cross the border, turn themselves in to border patrol agents, and claim asylum. If they pass the deliberately low bar for claiming “credible fear” of persecution, they are given a date for a future asylum hearing and released into the U.S. The wait can take years, and many never show up. This is the policy that has become known as “catch and release.”

FAIR:  The Senate bill actually codifies this practice—except that under the new process, the aliens must be released before they are ever interviewed by an officer.

  • Section 3141 of the Senate bill creates a new asylum process called “Provisional Noncustodial Removal Proceedings.” This asylum procedure can apply to virtually anyone who crosses the southern border and claims asylum. The only real limitation is that aliens must be encountered within 14 days of crossing the border and within 100 miles of the border. These are the same requirements for applying expedited removal and generally covers most illegal border crossers.
  • Aside from this time and distance requirement, the Secretary of Homeland Security has complete discretion to divert any alien – and every alien – who claims asylum into this new asylum process.
  • Once placed into this process, the aliens “shall be released from custody.” DHS has no discretion. Thus, the new asylum process codifies a new catch-and-release process, or what I would call a “claim-and-release” policy.
  • Regarding the years-long wait to conduct proceedings, the Senate bill does say that under this new process DHS must conduct initial protection screenings within 90 days after the alien is determined inadmissible. However, that language has a huge caveat: “to the maximum extent practicable.”
    • In government-speak, that means there is no deadline. Given the volume of illegal aliens, the lack of facilities to undergo a screening (as required in the bill), the insufficient number of asylum officers, and the time and money it will take to hire and train enough asylum officers, this deadline will never be met. [It generally takes a full year for USCIS to hire and train an asylum officer and the fail rate is roughly 25%. USCIS will need hundreds of new asylum officers to pull this off.]
    • The authors of the bill know this full-well, which is why they also provide that if DHS does not conduct the initial asylum screening within 90 days, the alien “shall be granted” work authorization. Mandatory release plus work permits equals a massive incentive for asylum abuse.
    • So in reality, this provision codifies mandatory release, but the backlogs continue. It just moves the backlog from the immigration judges, who currently conduct asylum hearings for border crossers, to asylum officers. It turns asylum officers into judges, but the government attorneys are not allowed in to make their case.

WSJ:  The new bill raises the bar for that initial border screening for credible fear to a “reasonable possibility” of persecution. Toughening the asylum standard was a priority of the Trump Administration, but a statutory change is needed to make it permanent. Migrants will have to show they couldn’t have moved elsewhere in their own country to avoid persecution before seeking refuge in the U.S.

FAIR:  The Senate deal does increase the evidentiary standard for credible fear. However, the change in this bill is one grade up and still constitutes less than 50 percent likelihood of success of establishing a valid case on the merits. In contrast, H.R. 2 would have implemented a higher, “more likely than not” standard, which is equal to “preponderance of the evidence.” (See chart below published by USCIS). The change is an improvement, but it’s still a low bar… there is more from FAIR here.

 

Filed Under: Older Entires

AMNESTY

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“ILLEGAL ALIEN”

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Know the media

Immigration amnesty education

MEDIA WATCH

BIRTHRIGHT CITIZENSHIP

BLACK LIVES MATTER * ANTI-ENFORCEMENT

May Day rally in San Francisco, CA, 2017. CREDIT: Pax Ahimsa Gethen (CC).

The Illegal Alien Lobby

THE ILLEGAL ALIEN LOBBY

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The Dustin Inman Society Blog

D.A. King, 1 April 1952 – 5 March 2025

March 23, 2025 By Fred

We are sorry to inform you that D.A. King, President and founder of the Dustin Inman Society, has left us.

Donald (“D.A.”) Arthur King, 1 April 1952 – 5 March 2025.

D.A. King left this life and his work for the nation that he loved, confident that he has done his best. D.A. passed on peacefully after a private battle with cancer.

“Once a Marine, always a Marine” – D.A. was always visibly proud of his service and his honorable discharge from the U.S. Marine Corps (1970-1976).

D.A. described himself as “pro-enforcement” on immigration and borders, an issue on which he dedicated the last 21 years of his life as an expert activist, writer and public speaker.


D.A. King talks amnesty, “hate” and “immigrants” with Jorge Ramos on Univision

https://youtu.be/w6FPMn0h4fk

Illegal immigration is not healthy for Americans

Brian Kemp’s first TV campaign ad, 2018

https://youtu.be/Gx7TsHCH35w

Dustin Inman Society page A-1, New York Times

Photo: New York Times/Twitter

Feb. 21, 2023 National Press Club Panel: OVERRUN – “The Greatest Border Crisis in History” From the Center for Immigration Studies

https://youtu.be/seND4qGrvxY

John Stossell: The Southern Poverty Law Center is a scam

https://youtu.be/k41PI54ExFc

The Great Terry Anderson (RIP) on illegal immigration in Los Angeles. – 2009

https://www.youtube.com/watch?v=dUEl8WYDDus

Terry Anderson video, part 2 – Birthright Citizenship

https://www.youtube.com/watch?v=6SS-5u8CMB4

RECENT BLOG ENTRIES

Open records request to TCSG Dec 2, 2024 – “We anticipate having the documents you are requesting to you no later than Friday the 13th of December. “- “At this time, the requested records do not exist.”

Welcoming Illegal immigration to Georgia with special treatment on college tuition

Retraction demand letter to Atlanta Journal Constitution newspaper (updated, Nov. 2, 5:55 AM)

Media request sent to Technical College System of Georgia – OCGA 50-36-1 – Employers in Apprenticeship program — Updated with response

Open records request of Sept. 24, 2024 to TCSG, Re: HDAP, employer docs and response OCGA 50-36-1 – SB 497

COBB COUNTY SHERIFF CRAIG OWENS IS A DANGEROUS MAN

The AJC was the ‘Dinner Chair’ for the 2004 Atlanta MALDEF fundraiser

Response from Senior Admissions Counselor at the College of Coastal Georgia to inquiry regarding Dual Enrollment, illegal aliens and no-cost classes

Open records request sent to TCSG on July 8, 2024 Re: Compliance with new language added to OCGA 56-36-1 in 2024 SB 497

Media request sent to the Technical College System of Georgia (TCSG) Re: Comment on the Addition of “Apprenticeships” to list of public benefits, OCGA 50-36-1 *Updated with reply

Open Records request sent to the Cobb County Sheriff’s office 4:56 AM, Thursday, June 6, 2024. 287(g) – Updated with response(s)

Biden violates federal law to give millions of migrants work permits

The Dustin Inman Society on the CIS podcast with Jessica Vaughan: HB 1105 and SB 354 – “Enforcement works!”

Why Are the Charities Enabling Illegal Immigration Still Tax-Exempt?

Tyler O’Neil: SPLC Fought Reforms That Might Have Helped Prevent Laken Riley’s Death, Immigration Activist Says

GALEO Inc. donors include the SPLC – $100,000

D.A. King in The Federalist this week: Laken Hope Riley’s Murder Outs Georgia As Largely A Sanctuary State

We remember: Candidate Brian Kemp’s 1st TV campaign ad, 2018 GOP Primary “Conservative candidate Brian Kemp will …enforce the ban on sanctuary cities.”

Illegal Immigration in GA: Dustin Inman Society Statewide Poll of Georgia GOP primary voters – Conducted by Landmark Communications Feb 13-15, 2024

It’s not 1859 – Let’s raise the pay for farmworkers who are here legally

Unaccompanied Alien Children (UACs) released into GA, 2020-2023 – data from U.S. Dept. of Health and Human Services

The SPLC is funding “Latinx” groups to advance foreign language voting

‘Terrorist Entry Through the Southwest Border’ – audio interview with expert Todd Bensman of CIS

Open records request GADOL (#3) – Affidavits/EADs *Updated

List of media members to whom we sent a “news tip” on GA Gov. Brian Kemp ignoring Dem sheriff’s open violation of state law, OCGA 42-4-14

Dustin Inman Society featured in Breitbart story: “For example, King is now trying to get the GOP governor of Georgia, Brian Kemp, to enforce a Georgia law that requires sheriffs to report jailed illegals to the federal government”

We have serious compliance problems in Georgia OCGA 42-4-14

Illegal alien captured in Gwinnett County, GA, detected by 287(g): Aggravated child molestation by sodomy, from ICE report


OLDER ENTRIES


REMEMBERING BARBARA JORDAN ON IMMIGRATION

Barbara Jordan. (Biography.com) "Those who should get in, get in; those who should be kept out, are kept out; and those who should not be here will be required to leave." - Testimony of the late Barbara Jordan, Chair, U.S. Commission on Immigration Reform on February 24, 1995.

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ACCUSED KILLER OF DUSTIN INMAN WILL NOT BE RETURNED TO THE U.S.

Associated Press: “Some illegal immigrants can get Georgia driver’s licenses”

Georgia drivers license issued to non-citizens. Photo DDS

GEORGIA LAW REQUIRES JAILERS TO REPORT ILLEGAL ALIEN PRISONERS TO DHS

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