Juan Mann`s Frequently Asked Questions About Immigration and the Law

[VDARE.com
note:
Thanks to the efforts of immigrationist advocacy
groups, the immigrationist press, and immigrationist
politicians, it`s difficult to get a straight answer on
what the law is. We`ve seen Bush administration
officials
claim
that Section
245(i) was not an amnesty for illegals. (It was.)


Police officers
claiming that "Illegal immigration
is

not a crime.


It is.
The English
language is twisted in outrageous ways to serve the
cause of immigration, as when President Bush

called
illegals
"hardworking
citizens
who are willing
to walk 400 miles of desert in blistering heat to find
work."
They`re
not citizens. This FAQ will provide our readers with
ammunition if they are writing about or debating the
immigration crisis in America.
]

  What is an alien?
  What`s the
difference between legal and illegal aliens?
  What`s a green
card?
  What`s an LPR?
  Can legal or
illegal aliens be deported?
  How can someone REPORT ILLEGAL ALIENS or criminal alien residents to the federal
government?
 
En Espanol — Cómo denunciar ilegales
  What`s the
difference between an immigrant and a non-immigrant?
  Would a U.S.
citizen ID card help fight illegal immigration?
  What is amnesty?
  Who were the
beneficiaries of the 1986 amnesty?
  The federal
government has stopped giving amnesty to illegal
aliens, right?
  How does
the federal government deport aliens?
  How can the EOIR be
abolished?
  How can the BIA be
abolished?
  What do the
immigration judges do?
  How do aliens avoid
being deported in Immigration Court?
  Who else could
do all the work if the EOIR and the Immigration
Court system is abolished?
  What if
someone gets deported that wasn`t supposed to be
deported?
  What is an
immigration bond?
  Why is detention, detention,
detention so important?
  Where can I learn more about the
immigration process?

 

What is an
alien?

An alien is "any person not a
citizen or national of the United States." This
definition comes from Section

1101(a)(3)
of the Immigration and Nationality Act of
1952 (with amendments by Congress through 2001).
Contrary to Marxist

diversity-speak,
the word alien is not "hate
speech." It is defined by United States statute. Aliens
can be either legally or illegally in the U.S.

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What`s the
difference between legal and illegal aliens?

Short answer: a piece of paper.
Illegal aliens are foreign nationals who have entered
the U.S. without any legal status. The most common ways
are by either crossing a land or sea

border
without being inspected by an immigration
officer, or simply by violating the terms of a legal
entry document. Legal aliens are entitled to enter and
remain in the U.S. as long as they maintain the terms of
their status. Legal aliens who have entered the U.S.
with various types of non-immigrant visas can become
illegal by not obeying the terms of that visa.

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What`s a
green card?

The "green card" is a

Form I-551
card issued by the Immigration and
Naturalization Service. This card identifies the alien
as a "lawful permanent resident alien" in the United
States who is entitled to live and work in the country.

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What`s an
LPR?

An LPR is a lawful permanent
resident alien. An LPR has a legal "green card" and is
entitled to live and work in the United States, and to
file petitions to bring more alien family members into
the United States.

According to the INS,
a "permanent resident alien"
is an alien admitted to the United States as a lawful
permanent resident. Permanent residents are also
commonly referred to as immigrants; however, the
Immigration and Nationality Act (INA) broadly defines an
immigrant as any alien in the United States, except one
legally admitted under specific nonimmigrant categories
(INA section 101(a)(15)). An illegal alien who entered
the United States without inspection, for example, would
be strictly defined as an immigrant under the INA but is
not a permanent resident alien. Lawful permanent
residents are legally accorded the privilege of residing
permanently in the United States. They may be issued
immigrant visas by

the Department of State overseas
or adjusted to
permanent resident status by the

Immigration and Naturalization Service in the United
States
.

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Can legal
or illegal aliens be deported?

Both potentially can be deported.
One would think that illegal aliens that never had any
status in the U.S. at all could be deported immediately,
but that would be

too easy
. Unless illegal aliens agree to leave the
U.S. voluntarily, they fall into the

federal litigation bureaucracy
of Immigration Court,
and may even wind up with a "green card" before the
process is over. Legal aliens are subject to deportation
if they commit certain crimes

classified
as "deportable offenses" under the
Immigration and Nationality Act. Fortunately, having a
"green card" doesn`t mean having a free pass for a
foreign national to commit crimes in the U.S. Unlike our
own citizen criminals, alien criminals are under the

threat of deportation
because of their actions. But
under the way the system is set up now, the United
States does not take full advantage of this incredible
luxury of bring able to clean house and get rid of all
of its foreign criminals. Because once in deportation
proceedings, many criminal aliens could actually wind up

keeping their LPR status
, in spite of long records
of criminal activity. Many criminal aliens actually pass
through the state and federal criminal justice systems
undetected as foreign nationals at all. Unless the INS
places these criminal aliens in deportation proceedings,
these foreign criminals just walk back into American
society after serving time for state or federal crimes.

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How can someone REPORT ILLEGAL ALIENS or criminal alien residents to the federal government?

As illegal immigration continues
unchecked in

occupied America
, the

desperation
level grows . . . especially among
VDARE.COM readers.  The number of emails we get from
people

trying to report illegal aliens
is rising sharply
once again. 

Alas, VDARE.COM has no power to

deport aliens
(yet). But here`s our latest update on
how to report them:

There is still

no government web site
for reporting illegal aliens
to the Department of Homeland Security (DHS), or its
Immigration and Customs Enforcement (ICE) division. 

But a

concerned citizen
can make a report via telephone or
in person
based on the suggestions I`ve compiled
here:

FAQ – Report Illegal Aliens
.

There is, of course, still no
guarantee that the

government
will actually

do anything

with the information. But remember, every report
generates some sort of record. And paper trails bother

bureaucrats
.

A private web site,

reportillegals.com
, has now appeared charging
would-be tipsters for what they could do for free on
their own—picking up a

telephone
and calling (866) DHS-2ICE to "report
suspicious activity"
—(866) 347-2423.

Opinion is divided about this. It
seems to me that complaints filed by a private
“reporting service center”
will have much less
credibility if they are all from the same place, rather
than from the actual complaining individual.  The new
“reporting service center”
may be another novel way
of separating people from $10 on the internet.

Peter Brimelow
is more tolerant and says it could
serve a need—after all, who knew we needed $5 cappuccino
from

Starbucks
?

Herewith we again publish our (free!)
suggestions for reporting illegal aliens—updated with
the most up-to-date information available:

First, read this

article
[The
Struggle To Report Illegal Aliens: A Status Report]
for background information.

If there is no
U.S. Border Patrol station nearby, your best bet will be
contact the Immigration and Customs Enforcement

(ICE)
division of the

Department of Homeland Security
by calling (866)
DHS-2ICE to "report suspicious activity"—(866)
347-2423. Either make a report there or ask for the
number of the nearest ICE field office with an
investigations division "duty agent."

A list of

phone numbers
for former INS district offices that
now have ICE investigations divisions has been complied
by

American Patrol
in its

report illegals
section.

Please do not
send illegal alien reports to

VDARE.com
or its writers, as we can only refer you
back to this same information anyhow.

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What`s the
difference between an "immigrant" and a "non-immigrant?"

An "immigrant" is an alien who is
in the United States with lawful permanent resident
status. These aliens are entitled to live and work in
the U.S. and to file petitions to bring in other alien
family members into the U.S. under certain categories.
Alien spouses, parents, siblings and children can be
brought into the United States through immigrant visa
petitions, creating an endless chain of family "chain
migration." Aliens can also obtain immigrant status
through petitions by their employers.

According to the INS,
a "non-immigrant" is "an alien
who seeks temporary entry to the United States for a
specific purpose. The alien must have a permanent
residence abroad (for most classes of admission) and
qualify for the nonimmigrant classification sought. The
nonimmigrant classifications include: foreign government
officials, visitors for business and for pleasure,
aliens in transit through the United States, treaty
traders and investors, students, international
representatives, temporary workers and trainees,
representatives of foreign information media, exchange
visitors, fiance(e)s of U.S. citizens, intra-company
transferees, NATO officials, religious workers, and some
others. Most non-immigrants can be accompanied or joined
by spouses and unmarried minor (or dependent) children."

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Would a
national U.S. citizen identification card help to fight
illegal immigration?

Not really. All aliens in the U.S.
already are required to carry a passport and visa, or
their permanent resident alien card with them at all
times. Aliens in the U.S. already have their own
"national ID card," but the problem is that no one in
law enforcement bothers to check them anyhow! Forcing
United States citizens to have a new "citizen ID" is not
necessary. Every state in the union already issues their
own ID in the form of a driver`s license. Until the INS
or some other law enforcement agency starts

checking aliens for proper documents
systematically,
there is no need for another form of ID for U.S.
citizens.

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What is
"amnesty?"

Sections 210 and 245 of the

Immigration Reform and Control Act of 1986
gave away
resident alien status to illegal aliens on a massive
scale. The aliens were obliged to "prove" that they were
in the United States illegally prior to a certain date,
or that they had performed only ninety-days of field
work during a certain period … and presto! . . . instant
green card! Needless to say that the minimal "proof"
required for these applications was

an open invitation for fraud
. As we know now, the
1986 amnesty programs did nothing to solve the problems
of illegal immigration. They were a disaster of enormous
proportions, rewarding aliens who had already served
notice on American society that they were unwilling to
abide by our immigration laws.

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Who were
the beneficiaries of the 1986 amnesty?

According to the Center for
Immigration Studies, "several hundred thousand amnesty
applicants came from a dozen zip codes concentrated in a
five mile radius of city hall in Los Angeles,
California." This data was part of a prolific report,
"Immigration
and California Communities
, C.I.S. Backgrounder,
February 1999 by William A.V. Clark. Southern California
has never been the same since. Just ask the folks at

American Patrol.

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The federal
government stopped giving amnesty to illegal aliens,
right?

Wrong. The give-aways never
stopped. Keep in mind that every alien who is not
rounded up and deported immediately has been granted a
de facto amnesty of their own, due to the government`s
refusal to enforce our immigration laws. But there are
also several ways already built into the immigration law
where illegal aliens can get green cards through the
very process that was supposed to be deporting them in
the first place! Here is a sampling of the

permanent amnesty
of federal immigration
bureaucracy:

Cancellation of removal for non-permanent residents
This benefit is another rolling amnesty program which
rewards illegal aliens for disobeying the law. Aliens
who have lived illegally in this country for ten years
and have a U.S citizen or resident alien spouse, parent
or child can be rewarded with a green card in

EOIR Immigration Court
proceedings. Thanks to this
perverse incentive of our immigration laws, illegal
aliens can benefit from their contempt for our law. If
the aliens manage to hide for ten years and procreate,
they are home free to get a green card. Only in America.
INA Section 240A(b)(1)

Adjustment of status under Section 245(i)
This is a stealth amnesty program! If someone who is
illegally in the United States without current status is
NOT immediately deported, this alien is being given the
benefit of an amnesty! Section 245(i) allows aliens who
have no legal status in the United States to avoid being
deported as long as they file a visa petition (through a
spouse, parent, child, brother, sister) prior to a
certain date. These aliens should have been put on a bus
or a plane instead of being given the opportunity to
file visa petitions. Unfortunately, Congress has been
threatening to extend this benefit to more persons who
don`t deserve it, waiving the "unlawful presence"
grounds of the immigration law. These aliens, by
definition, have already shown that they are not willing
to abide by the immigration laws of the United States.
Section 245(i) beneficiaries have actually cut in line
ahead of the thousands of visa beneficiaries who
lawfully waited their turn outside of the country until
a visa number becomes available. Instead, the 245(i)
crowd violated our laws, and now can benefit from their
misdeeds.

Registry
This benefit is yet another stealth "amnesty" for aliens
who didn`t bother to apply for the 1986 amnesty give-aways.
Aliens who have been in the United States since 1972 can
get a green card through registry.
INA Section 249

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How does
the federal government deport aliens?

The

Immigration and Naturalization Service
(INS) and the

Executive Office for Immigration Review
(EOIR) are
separate agencies within the Department of Justice
(DOJ). Both are responsible for the removal of illegal
aliens and criminal aliens residents from the United
States. The INS has the responsibility of apprehending
and bringing immigration charges against aliens. The
EOIR consists of the nationwide United States
Immigration Court system and its appellate component,
the

Board of Immigration Appeals
(BIA) in Falls Church,
Virginia. In Immigration Court proceedings, the INS
plays the role of the prosecuting agency, while the
Immigration Judges of the EOIR play the role of judge.
Cases are appealed to the

eighteen-member
BIA, and then to the federal circuit
courts of appeal. The process of seeing one illegal
alien or criminal resident alien through Immigration
Court hearings and the two-stage appeal process
frequently lasts years, prolonging any final decision on
deportation. As the EOIR bureaucracy busies itself with
this process, the aliens (who were supposedly facing
deportation) remain in the United States living their
lives. Though the idea behind the hearing and appeal
process was apparently for illegal aliens to be given
"due process" before being deported, the end result is a
system that only prolongs the stay of illegal aliens and
criminal alien residents in the United States. This
system is broken. It needs to be streamlined in order
for the United States to be able to control its
immigration. Moving the INS into the newly-created

Department of Homeland Security
, while the EOIR
remains intact in the Department of Justice, does little
to eliminate the

deportation abyss
of federal immigration
bureaucracy.

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How can the
EOIR be abolished?

It`s up to Congress. The

Executive Office for Immigration Review
, as an
agency of the Department of Justice, was created through
legislation. Now that Congress already

abolished the INS
, why not go ahead and scrap the
EOIR litigation bureaucracy once and for all?

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How could
the BIA be abolished?

It`s up to the Attorney General.
The

Board of Immigration Appeals
(BIA) was created as a
creature of regulation. The Attorney General could
modify the Code of Federal Regulations, 8 C.F.R. Section
3.1 to be exact, and eliminate the redundant appellate
component of the EOIR completely. The Attorney General
already

stopped the BIA`s expansion in its tracks
in
Feburuary, 2002. Why not finish the job, Mr. Ashcroft?

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What do the
immigration judges do?

The EOIR`s immigration judges

nationwide
are responsible for determining whether
illegal aliens and criminal alien residents are
removable from the United States. The country`s over

200 EOIR immigration judges
earn from $103,840 to
$136,476 per year. They preside over EOIR Immigration
Court hearings called "removal proceedings" under
Section 240 of the Immigration and Nationality Act. But
with so many ways available for aliens to avoid actually
being removed, these "removal" proceedings really should
be called "get to stay" proceedings. Getting aliens to
stay in the United States winds up being the primary
focus of this bureaucratic exercise. After the INS
apprehends the aliens, reviews their immigration status,
and serves the alien with a "Notice to Appear" in
removal proceedings, the immigration judge reviews the
charges again to see if the alien is deportable. The
charges are based on the alien committing criminal
activity or violating the terms of legal immigration
status. If the immigration judge finds that the INS has
presented "clear and convincing evidence" that the alien
is removable from the United States, the immigration
judge will issue an order of removal. But that is just
the beginning of a process where the alien wins just by
being in it, because of the inherent delay, delay, delay
of the system.

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How do
aliens avoid being deported in Immigration Court?

If the immigration judge finds that
the INS has not met its burden of burden of proof by
"clear and convincing evidence," then the case is
terminated, and the alien is free to disappear back into
the United States. But if the alien is found removable,
the alien can apply from a laundry list of relief from
removal contained in the Immigration and Nationality Act
(INA) in order to prevent being issued an order of
deportation. That`s why "removal" proceedings really
should be called "get to stay" proceedings. Here`s the
proof. The

laundry list
of legal ways that aliens can avoid
being ordered deported by the EOIR`s Immigration Court
(note that any denial of these benefits can be appealed
through the BIA and federal courts in order to postpone
any actual departure from the United States):

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Who else
could do all the work if the EOIR and the Immigration
Court system is abolished?

There are thousands of federal
government employees around the country and at United
States consulates abroad who already perform the same
functions as the employees of the EOIR. They already do
the same jobs in a fraction of the time, without the
ridiculous bureaucratic delay of endless hearings and
appeals, and at a fraction of the cost of EOIR`s
government lawyers in black robes. Here`s who is already
doing the EOIR`s job or could do it better in a
heartbeat:

INS District Adjudications Officers (examiners) –
adjustment of status, derivative citizenship claims,
inadmissibility waivers INS Asylum Officer Corps –
political asylum, withholding of removal, U.N.
Convention Against Torture INS Special Agents
(investigators) – administrative removal, criminal alien
apprehension  INS Deportation Officers –
administrative removal, criminal alien removal U.S.
Border Patrol Agents – administrative removal, Section
235(b) determinations INS Immigration Inspectors –
expedited removal, Section 235(b) determinations INS
District Directors – waivers, registry, humanitarian
parole
INS District Counsels – provide legal advice to
determine whether aliens are removable U.S. consular
officers abroad – all immigrant and non-immigrant visa
processing, political asylum, refugee petitions, U.S.
citizenship determinations Relief that should be
abolished – all stealth amnesty provisions that reward
law-breaking; including Section 245(i) adjustments, and
non-permanent resident cancellation of removal under
Section 240A(b).

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What
happens if someone gets deported who wasn`t supposed to
be deported?

The bottom line is that deportation
is not a criminal sentence for prison time or the death
penalty. If the alien was "wrongfully" deported, all the
alien would have to do is ask to come back in again! Any
foreign national has the potential of showing up at a
United States consulate in any country of the world, or
showing up at a United States land border at any time to
make an application for admission. If the alien claims
to be a United States citizen, that claim could be
heard. Our immigration inspectors and consular officers
make decisions as to who should be admitted to the
United States every day of the year. We already trust
them to make these determinations. If aliens believe
that a mistake was made, all the alien has to do is
reapply for admission! It`s as simple as that.

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What is an
Immigration Bond?

INS District Directors throughout
the country set the custody conditions for aliens
detained for Immigration Court proceedings. But these
decisions are immediately reviewed and second-guessed by
EOIR immigration judges

throughout the country
in Immigration Court. The
Immigration Judges can turn around and release just
about any alien where the INS sets a bond, except the
most serious criminal aliens. The BIA then can review
the rulings of their fellow EOIR employees, the
immigration judges. After that, the circuit courts of
appeal can review the decisions of the BIA, making a
federal case out of the detention bond amount for every
single alien detained by the INS. With this system in
place, it is no wonder that the INS actually detains so
few aliens, compared to the staggering amount of illegal
aliens and criminal resident aliens in this country. So
while the Immigration Court proceedings go on and on,
with all the needless delay that EOIR bureaucrats can
muster, aliens released from INS custody continue their
illegal and criminal presence in this country.

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Why is
detention, detention, detention so important?

If the United States actually is
going to deport illegal aliens and criminal alien
residents, the aliens need to be detained throughout the
deportation process. Period. If the aliens are not kept
in INS custody, there is no guarantee that the
government will ever see them again — regardless of the
outcome of their Immigration Court case. The deportation
system of the EOIR is broken. If the INS continues to
catch and release aliens as they are entering the
country for the first time, the charade of EOIR
Immigration Court hearings actually creates new illegal
aliens every day. As long as the process is focused on
litigation bureaucracy, rather than on detention and
deportation, the EOIR process will remain open for
business as an

institutionalized amnesty machine.

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Where can I
learn more about the immigration process and the INS?


The INS` frequently asked questions page.


The INS` glossary of terms.


The INS` secret language of acronyms.

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December 11, 2002