A Stealth Bush Betrayal: New DHS Regulations Open Southwest To Millions Of Mexican Colonists

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The Worthless Rubber-Stamp Of “Credible Fear” Interviews

The recent

Border and
Transportation Security
Under Secretary

Asa Hutchinson
of two seemingly unrelated
Department of Homeland Security (DHS)
regulations—approved by DHS

Secretario Tom Ridge
and published in the federal
register last week—amounts to a stealth

Bush Betrayal
potentially as large as the
Administration`s stalled amnesty/ guestworker proposal.

It leaves no doubt who is running
American immigration policy:

Vicente Fox
and the government of Mexico.

announced that the U.S. Border Patrol
will—someday real soon—begin using one tiny piece of the

expedited removal

power to deport illegal aliens summarily that
by Congress in 1996 but never

Significantly, DHS says its new power will be “primarily directed at those
illegal aliens who are not citizens of Mexico or

There is no specific justification
for this in the law. But Hutchinson told a DHS

"Media Roundtable"
that the Bush Administration is
going to make a special policy exception for Mexican
illegal aliens.

Hutchinson explained:

reference to the Mexican nationals who will be subject
to expedited removal — it would only be applicable to
those that are engaged in smuggling organizations, and
those that are repeat violators, that would constitute a
criminal offense. And so it would be applicable,
narrowly, in that fashion. But the broad majority of
Mexican nationals, of course, would be voluntarily
repatriated, as they are now, and no significant impact
in that arena.”

Of course, if Mexican nationals are
given a “voluntary return” by the Border Patrol,
rather than an expedited removal order, they can still
apply for immigrant petitions to enter the U.S. legally
at a later date.

Simultaneously, in what bears the
stench of a secret deal, Hutchinson announced the
federal government will immediately allow what he
estimated in the Media Roundtable to be 425,000 Mexican
nationals to take up de facto permanent residence
in the American Southwest.

They will be able to do this
through an unlimited number of

of up to thirty days at a time, using

border-crossing cards

Amazingly, Hutchinson also told the
same press conference that there are “seven or eight
million border crossing card holders.”

He offered no explanation as to why
all of them—not just 425,000—won`t promptly come here.

All this sound too strange to be

The details of the two orders are
all in the

Federal Register

  1. August 11, 2004 —

    Designating Aliens For Expedited Removal; Bureau of
    Customs and Border Protection
    , DHS. Allows the
    Border Patrol to summarily remove illegal aliens found
    within 100 miles of a land border, if discovered
    within two weeks of their illegal entry. This is a
    very limited implementation of the authority previously
    granted by Congress. That legislation allowed for the
    summary removal of illegal aliens found anywhere
    in the United States—within two years of
    entering illegally. But the Clinton Administration,
    and subsequently the Bush Administration, shamelessly


  1. August 13, 2004 —

    Extension of Time Limit on Admission of Certain
    Mexican Nationals; Border and Transportation Security
    Directorate, DHS.
    Expands the time limit of visits
    for Mexican nationals holding non-immigrant BCCs from
    72 hours to thirty days at a time.  Unless obtaining
    additional permission, BCC holders must remain within
    an area 25 miles from the border, 75 miles in the
    state of Arizona.

Er…how do we know BCC holders will
stay close to the border?

Answer: We don`t. There`s very
little interior immigration enforcement at all.

The two new DHS regulations are
obviously linked for diplomatic reasons. Under Secretary
Hutchinson even made a point of explaining to the Media
Roundtable that the Mexican government was informed in
advance of the enforcement decision:

first of all, we have communicated to the government of
Mexico. I understand Secretary Ridge talked to Secretary
Santiago]  Creel.
I spoke with the ambassador last night in reference to
this, so there`s been a strong level of communication on
all of these issues. They`re not catching them by
surprise, but informing them in advance, and — and
making sure there`s a good awareness as to what we were
doing. They`ll have to speak for their reaction to it,
but we certainly have communicated on this issue.”

This is a really bizarre

quid pro quo
arrangement—even by the standards
of the notoriously

Bush Administration. The Mexican
government apparently grants its blessing for the United
States to summarily deport certain


nationals under the previously

expedited removal authority. In exchange, DHS
arbitrarily creates over 62,000 square-miles of Mexican

in the American Southwest…to begin


press release
for the new regulations insists that
both regulations “expand control of the United States

Bunk. Allowing Mexican BCC holders
to stay north longer does nothing to control the border.
As a practical matter, giving BCC holders a free
non-deportation pass will allow them to live in the U.S.
indefinitely, on the condition that they go back and
touch their native soil once a month.

All “seven to eight million”
of them.

The new BCC regulation

that the previous 72-hour limit “has
resulted in many BCC travelers crossing back and forth
over the border for the sole purpose of avoiding staying
longer than 3 consecutive days.”

Well, you bet!

But, thanks to the DHS, Mexican BCC
holders now only have to keep up the charade just once
every thirty days.

Many probably live north of the
border anyway, or have long since disappeared into the
American heartland as illegal aliens. But the BCC sure
comes in handy for crossing back and forth though—thus
eliminating virtually all chance of catching them.

Let`s take another reality check

A “visit” is a few hours or
a couple of days. Perpetual thirty-day “visits”
for seven to eight million Mexicans holding BCCs is

Final straw: The regulation
allowing more Mexicans to stay longer in the United
States goes into effect immediately. But not the
expedited removal regulation—Hutchinson


that will have to wait until more “training” is in

Even then, don`t hold your breath.
Don`t forget that any illegal alien uttering the magic

“political asylum”
can derail the deportation
process, be released from detention and given a full
hearing before the federal immigration


of the Executive Office for Immigration Review (EOIR).

No doubt the DHS will wait even
longer, until

Eduardo Aguirre`s
U.S. Citizenship and Immigration
Services (USCIS) division rushes more rubber-stamping

asylum officers
to conduct the

“credible fear”
interviews that begin the
political asylum process.

So thanks to the Bush
Administration`s DHS, more Mexican nationals can stay in
the American Southwest longer with border-crossing
cards. . . and their illegal countrymen (unlike illegal
aliens from other nations) need not fear the threat of
Section 235(b) expedited removal.

Sounds like a great deal . . . for

Juan Mann [send him
] is a lawyer and the proprietor of