It Ain`t Over `Til the Alien Wins
As you follow the debate
over the Bush-Kennedy immigration bill, keep this
cardinal rule in mind: 99.99 percent of the lawmakers
who promise you that they`ll
ensure the deportation of anyone who doesn`t follow
"guest-worker" regulations are either A) lying
Rule No. 2: Anyone who
plays the Enforcement equals
card (yes, that`s you, Geraldo Rivera) is either A)
lying or B) completely clueless.
As I`ve reported many
times over the last several years, the nation`s
deportation abyss is governed by one reality:
"It ain`t over `til the alien wins."
Immigration lawyers and
ethnic activists run a massive, lucrative industry
whose sole objective is to help illegal aliens and
convicted criminal visa holders evade deportation
for as long as possible. Entry into this country should
privilege, not a right. The open borders lobby has
turned that principle on its head.
Look no further than New
York, where four convicted criminal aliens—a
child molester, two
killers and a
racketeer—just won a federal lawsuit to remain in
the country after all being ordered deported. The
stunning decision from the Second Circuit Court of
Appeals, Blake v. Carbone, [PDF]
came down on June 1 as the
shamnesty debate was bubbling in Washington. The
ruling, which hinges on convoluted due process
arguments, will greatly expand the number of criminal
aliens convicted of
certain aggravated felonies who can now receive
relief from deportation. This is happening despite the
passage of two federal immigration reform laws in 1996
severely restricting deportation waivers for criminal
aliens convicted of aggravated felonies.
The lead winning
plaintiff, Leroy Blake, is a Jamaican national convicted
of first-degree sexual abuse of a minor in 1992. The
feds began deportation proceedings in 1999. An
immigration judge ruled Blake deportable in 2000. Blake
took his case to the federal
Board of Immigration Appeals, which remanded the
case back to the
immigration judge, who granted him relief from
deportation. The then-INS appealed the judge`s ruling.
In 2005, the Board of Immigration Appeals sided with the
INS and ordered Blake removed from the U.S. Blake filed
a motion to reconsider, then took his case to the Second
The other plaintiffs
who`ve successfully gamed the system include:
Aundre Singh, a native of
Guyana, who was convicted of second-degree murder in
1986. In 1997, the
then-INS moved to deport him. In 1998, an
immigration judge ordered him deported. In 1999, the
Board of Immigration Appeals dismissed Singh`s appeal.
In 2003, Singh filed a motion to reconsider, which the
appeals board denied. Singh filed for reconsideration of
that ruling, which was denied in 2004. Singh tried again
to appeal the board`s ruling in 2005 and was denied
again before heading to the Second Circuit for relief.
Errol Foster, a
Jamaican national, who killed a man
with a pistol in 1990. He pleaded guilty to
first-degree manslaughter. He was released from prison
in 2002. The feds began deportation proceedings while he
was still in custody. An immigration judge ordered his
removal in 2000, which Foster appealed. The Board of
Immigration Appeals rejected his appeal in 2001. Four
years later, Foster was still in the country—appealing
the rejected appeal and filing three separate federal
lawsuits before getting lucky with the Second Circuit.
And Ho Yoon Chong, a South
Korean national, who was sentenced in 1995 for
racketeering related to his participation in the
"Korean Fuk Ching"
crime ring. In 1998, the then-INS moved
to deport him. In 2002, an immigration judge ordered him
deported. In 2004, the Board of Immigration Appeals
sided with the judge. Like his fellow criminal aliens,
Chong didn`t give up, and now he`s won the immigration
Immigration lawyers representing criminal aliens
like these four menaces have gummed up the court system
with 11 years of litigation over the 1996 laws banning
deportation relief for felons.
[Vdare.com note: Read
the press release by immigration lawyers
Bretz & Coven, LLP, boasting of this victory
here. Contact Bretz & Coven
here.] Meanwhile, when all else
fails, deportable aliens can appeal directly to their
member of Congress to circumvent immigration laws
through special legislation. More than 50 bills have
been introduced this year that would grant special,
private relief to individual immigrants fighting
deportation. Past and present beneficiaries have
included smugglers, illegal aliens and a convicted
Mohuiddin A.K.M. Ahmed, who is wanted in Bangladesh
engaging in terrorist activity and participating in
a 1975 assassination plot that left the prime minister
and dozens of his family members dead.
individual bills are ripe for corruption. Indeed,
Abscam scandal in the 1970s involved payoffs for the
sponsorship of exactly these kinds of private
immigration laws. Democrats and Republicans alike
continue to sponsor these "private relief" bills
seeking to sabotage deportation efforts. Every time a
private relief bill passes, the number of available
visas for that year is reduced by the number of illegal
alien/deportable immigrant recipients granted legal
status/deportation relief through the special
legislation. The bills needn`t pass for the recipients
to gain benefits. Mere introduction of the bills buys
deportable aliens time that
ordinary, law-abiding citizens can`t buy in our
led by Ted Kennedy bleat about the lack of "due
process" for downtrodden aliens, but immigration
lawyers and their clients know the deal. Whether the
Bush-Kennedy bill passes or not, it
ain`t over `til the alien wins.
This is the real
"silent amnesty" that no one in Washington will talk
about. Go ahead. Ask them.
Michelle Malkin [email
her] is author of
Invasion: How America Still Welcomes Terrorists,
Criminals, and Other Foreign Menaces to Our Shores.
here for Peter Brimelow`s review. Click
here for Michelle Malkin`s website.
Michelle Malkin`s latest book is "Unhinged:
Exposing Liberals Gone Wild."
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