A Small Enforcement Victory For VDARE.COM!
Within three days of my
article highlighting a dormant provision of
immigration law for deporting illegal aliens,
Attorney General John Ashcroft and his INS
commissioner announced the revival Friday of that same
section of law to prevent illegal alien invasion
“by sea.” Aliens smuggled “by sea” now will be
put on an expedited
removal track by the INS, instead of falling
non-deportation limbo of Immigration Court
bureaucracy in the Executive
Office for Immigration Review. Ashcroft`s
reform does not go as far as it could, under
the discretion already given to the Attorney
General by Congress. But it represents a step
forward for immigration law enforcement.
Bravo! Now if the Bush Administration could just
With the announcement of regulations to be published in the federal register this
week, the INS brought
section 235(b)(1)(A)(iii) of the Immigration Act to
life for the first time since becoming law in the
Illegal Immigration Reform and Immigrant Responsibility
Act of 1996. The Attorney General used his
authority to designate illegal aliens who came to the
United States “by sea, either by boat or other means,
who are not admitted or paroled” as subject to expedited
Expedited removal can already be used on aliens who
arrive at ports of entry and airports without valid
documents and for those caught entering by fraud. It
could have been extended to all successfully-smuggled
illegal aliens found within two years of their arrival.
But Ashcroft did not go that far. Yet.
The new reform provides a defense against the real
possibility of a flood of economic refugees by sea,
famously described in the
novel by Jean Raspail,
The Camp of the Saints. Otherwise, an alien
flotilla would have bottlenecked in the
litigation bureaucracy of EOIR Immigration Court and
crashed the entire system.
When the new “by sea” designation goes into effect,
future sea arrivals won`t be given automatic hearings
alien-friendly Immigration Court. They also won`t
have the chance for automatic bond hearings, where they
could be released from INS custody by EOIR immigration
Instead, illegal “by sea” aliens who do not present
themselves for inspection at a designated port of entry
will be detained in INS custody.
The INS does have the option of releasing them under
a “humanitarian parole.” And the “by sea” aliens will
also be given the chance to claim political asylum. But
“by sea” aliens will no longer be automatically released
on immigration bonds to remain here indefinitely while
their cases grind on in EOIR Immigration Court.
Smuggled Chinese, call your snakeheads!
It turns out that deporting illegal aliens just might
be, contrary to departing INS Commissioner James
Ziglar`s notorious quip,
“practical or reasonable” after all.
November 11, 2002