With smiling faces and dark eyes
shining with excitement, two twenty-something illegal
aliens—boyfriend and girlfriend—are wearing their own
street clothes for the first time in three weeks.
They`ve just turned-in their orange
jumpsuits to deportation enforcement officers at the
Department of Homeland Security (DHS) service
processing center, and are about to appear in U.S.
Immigration Court for the first time as
Though caught by the U.S. Border
Patrol after illegally entering the country, their
temporary setback at an
immigration detention facility on the Mexican border
is about to be over.
They could care less if
vigilant citizens like the (unofficial)
American Border Patrol spotted them. It doesn`t
even matter that the (official)
U.S. Border Patrol caught them. And they certainly
pay no mind to the recent teeny-weeny
expansion of expedited removal powers for the Border
Patrol under Section 235(b) of the Immigration Act.
If illegal aliens know the magic
words—“political asylum”—they can exploit the
automatic rubber-stamping of virtually all claims of a
“credible fear” of persecution through a process
built into Section 235(b). Amazingly, the asylum
officer corps from
Eduardo Aguirre`s U.S. Citizenship and Immigration
Services (USCIS) grants
97 percent or
more of all the
“credible fear” asylum interviews they conduct.
If (or, more accurately, when) the
aliens “pass” their “credible fear” test,
they are referred for Immigration Court hearings in the
bureaucratic briar patch of the Department of Justice`s
Executive Office for Immigration Review (EOIR). There
they have the privilege of using America`s ridiculous
de facto non-deportation system to their advantage.
In the EOIR, the aliens` first
order of business is always getting
out of detention and continuing the journey
north—just as if they had never been caught at all.
The immigration judge
hearing this couple`s cases agreed to "change venue"
to another Immigration Court in the big city. This time
Chicago. The aliens provided the address of
someone`s distant cousin in nearby
Rockford, Illinois, in order to post an immigration
The illegal alien couple
have never been more than fifty miles from the Mexican
border. They have no idea what Rockford looks like, or
what they`ll find when they get there.
But they don`t care.
They`re bursting with excitement as their journey north
is about to resume.
In Immigration Court,
the aliens admit to the removal charges brought by the
DHS, agreeing that they have attempted to enter without
immigration documents, or are present in the United
States without being inspected or admitted by an
immigration officer. They also file applications for
political asylum, perhaps with the help of a
Lobby foot-soldier at the detention camp.
But since they are being
released from DHS custody, and because the immigration
judge agreed to change venue in their cases, the EOIR
immigration judge will never hear their story about
So it really doesn`t
matter what they`ve said, or what is written on their
political asylum applications at this point.
It doesn`t have to be
the truth, just a good story. No one will ever know.
The Immigration Court
hearing, at which the aliens will supposedly explain the
reasons why they supposedly fear persecution in their
home country, is not even scheduled yet. With the
"change of venue" signed, other hearings will be set
months in the future by the
Immigration Court in Chicago. The aliens will
supposedly appear there after receiving notice at their
alleged Rockford address that they have never seen.
At least, that is how
the system is supposed to work.
Believe it or not, when
the EOIR gets rid of a case by changing venue for aliens
who in reality have no business being out of immigration
custody in the first place, the immigration judge even
gets credit for “completing” the case as part of
the EOIR`s own self-serving statistics! [See EOIR
double-speak on pages 43 & 68 [PDF],
completed cases include “changed venue” – where
aliens just disappear into the U.S.]
But what if this young
couple decides not to go to Rockford after all?
What if they settle in
Dallas or Jersey City instead?
There`s no guarantee
where they will go. And, with little nationwide
immigration law enforcement, the federal government has
scant hope of ever finding them again.
The illegal couple
knows, despite their capture by the Border Patrol and
detention by the DHS, they have accomplished all their
The illegal couple has
entered the United States. They have continued their
trip to the interior of the country. They will seek work
illegally wherever they land. They`ll probably never
see anyone from the DHS` Immigration and Customs
As the happy young
travelers walk out of the gate and leave the detention
camp, they know they have their whole future in America
ahead of them. And that future doesn`t include
Unless they are spotted
in jail by an ICE investigator someday, they will live
their lives untouched in the illegal alien underground
of the New America.
And, because of the
perverse interpretation of the 14th Amendment`s
“Citizen Child” language, their U.S.-born children
and grandchildren will be American citizens.
For the young couple, the DHS
service processing center was their own
Ellis Island on the Mexican border. They might look
back fondly someday and reminisce about their brief
immigration detention in El Paso or
Los Fresnos, Texas;
Eloy, Arizona; or maybe
East Mesa or El Centro, California.
They owe their newfound
birthright American citizenship for their progeny to
the federal immigration bureaucracy of the EOIR, the
DHS, the immigration bond process, their phony political
asylum applications, and the "change of venue" to
another city for supposed future hearings by an EOIR
If there were no
EOIR Immigration Court – and the
“credible fear” asylum interviewing of the
Section 235(b) expedited removal process wasn`t a 97
percent guaranteed rubber-stamp approval—this happy
young couple would be on the first plane back to their
homeland escorted by DHS detention and removal
officers. That`s how expedited removal is supposed to
Without the EOIR
Immigration Court system, these illegal aliens would
never have made it out of the new Ellis Island.
Though the Treason Lobby
shrieks about “unnecessary”
immigration detention and expedited removals, the
young couple restarting their journey into America has
little to fear.
Under America`s current
non-deportation system, the
catch-and-release encounter with the federal
government was little more than a speed bump in their
Like Beltway sniper Lee
Boyd Malvo, these illegal aliens successfully navigated
their way through the federal immigration bureaucracy to
get out of detention. They made it look easy . . . too
Of course, if they can
do it, so can al Qaeda. But that`s the least of our