“Sanctions” For Immigration Benefit Fraud? How About D-e-p-o-r-t-a-t-i-o-n!

The recent Government
Accountability Office (GAO) report – IMMIGRATION
BENEFITS: Additional Controls and Sanctions Strategy
Could Enhance DHS`s Ability to Control Benefit Fraud

by Bryanna Bevens here on VDARE.com,
certainly raises more questions about the ability of the
Department of Homeland Security`s (DHS) Citizenship and
Immigration Services (CIS) division to even detect, let
alone do anything about, the massive tidal wave of

immigration benefit fraud
that inundates its service
centers, district offices and asylum offices nationwide.

Following the Mohammedan Jihadist
attacks of September 11, 2001, the GAO filed reports in


attempting to find out exactly what is going on in the way
of application fraud detection at the former Immigration
and Naturalization Service (and now the CIS). 

And now, in the third of its latest
reports issued March 2006, the GAO again finds that
there are STILL no

immigration benefit fraud
detection or
prosecution methods

in place at the agency

So what else is new? 

Actually this time around, the GAO
gives its own suggestion as to how the folks at DHS
could at least create the appearance of stemming the
tide of immigration fraud. 

GAO says how right on the front
page of the report: "Additional controls and a
sanctions strategy could enhance DHS`s ability to control
benefit fraud."

But where the GAO`s kinder and
gentler Beltway warriors suggest some form of
wrist-slapping "administrative sanctions" against
the thousands of legal and illegal aliens who file all
manner of

phony applications
seeking immigration benefits, I
have another alternative. 

Forget all the bureaucratic
saber-rattling over "sanctions." How about



Immigration and Nationality Act
(INA) already takes
a dim view of aliens who give false testimony for the
purpose of obtaining an immigration benefit, and aliens
who file frivolous applications for asylum.  

  • INA Section 101(f) – For the purposes of this Act –
    No person shall be regarded as, or found to be, a
    person of good moral character who, during the
    period for which good moral character is required to
    be established, is or was . . . (6) one who has
    given false testimony for the purpose of
    obtaining any benefits
    under this Act;

  • INA Section 208(d)(6)
    Frivolous applications. – If the Attorney General
    determines that an alien has knowingly made a
    frivolous application for asylum and the alien has
    received the notice under paragraph (4)(A), the
    alien shall be permanently ineligible for any
    under this Act, effective as of the
    date of a final determination on such application.

So why not go one step further and

Summary Removal
a chance . . . especially for

fraudulent application filers?

How about it, Congress?

Just who is filing all of those
fraudulent applications now

waiting in the wings

The pie chart on page 9 of the GAO
report (page 13 of the

) gives us some clues based on the total number
of applications filed with CIS during fiscal year 2005. 

According to the application pie
chart, here`s what CIS`s adjudicators are doing all day:

  • Other application types

    ?] – 19 percent

  • Spouse
    and family petitions for permanent
    residence – 17 percent

  • Naturalization applications
    for U.S. citizenship filed by current permanent
    residents  –  9 percent

  • Replacement or renewal
    applications for permanent residence –  9 percent

  • Travel document applications
    –  6 percent

And guess what–excluding the 9
percent of applications for naturalization, and to be
even more than charitable here, excluding another 9
percent of applications for the replacement of resident
alien cards (because no illegal alien would file for a
“replacement” green card if he didn`t already

have a valid card,
right?? . . . ), a whopping 82
percent of the applications filed were by aliens without

That`s right.  The immigration
benefit fraud is being committed here by the usual
suspects – namely, the same old never-ending flow of

, cheating,


visa over-staying
illegal aliens

These are the

uninvited guest workers
of tomorrow, dear
readers, that is, if their fake, phony fraudulent
applications prove to be unsuccessful.

So, by extrapolation, most of the
fraudulent applications flooding the CIS`s 33 district
offices, 4 service centers and 8

asylum offices
non-stop, day after day, are being
filed by aliens without legal status already in the
United States in the no-lose no-deportation lottery of a

And with no controls in place to
stop any of it, the CIS`s

for millions of illegal aliens
continues uninterrupted.

A VDARE.com reader commented on the
CIS fraud fiesta via e-mail to me on March 18:

“The DHS
is a big lie.  We are no more secure today than we were

September 10, 2001
.  It seems that nobody in our

about controlling illegal and/or fraudulent

GAO] used the word DISCRETION.  We hear that a lot on
the border.  It really means `find a way to let them
in . . .  We don`t want to hurt anybody`s feelings.

The burden used to be on the alien to prove that they
are admissible.  The burden of proof now lies on
us to prove they are inadmissible.”

And that`s the way it is . . . but
none dare call it a back-door amnesty! 

With or without the

U.S. Senate`s help
with an outright amnesty, the
immigration benefit fraud free-for-all behind closed
doors in the

federal immigration bureaucracy
rolls on. 

With the burden-of-proof tables now
turned, the illegal aliens are running the immigration
benefit process ragged.

It`s an

Augean stable
—and the only answer is a Herculean

mass deportation

Juan Mann [email
him] is
an attorney and the proprietor of

He writes a weekly column for

contributes to Michelle Malkin`s

Immigration BLOG