The Treason Bar is frightened. One of their apologists is quite concerned that the gravy train for the Treason Bar might be under threat. There is rumor of a deal on the border that might include the House Border Safety and Security Act that strikes at the heart of the Biden Border Crisis [Border Deal Shows Signs Of Life After Biden Offer, by Liz Goodwin, Leigh Ann Caldwell, and Mariana Alfaro, WaPo, December 13, 2023].

Such changes, especially in the area of limiting fraudulent asylum claims, threaten the livelihood of the Treason Bar. Asylum is a cash cow for the Treason Bar: such cases take years and even an obviously fraudulent claim could be years of billable hours for a Treason Bar shyster, who does not even have to be licensed to practice law! Consequently, infamous Treason Bar shyster, Nolan Rappaport, is on the case. But instead of claiming it violates the rights of illegal aliens, his argument is that it won’t work. Which is no argument against the law; if it does not work, it would be irrelevant to the Treason Bar. Instead he is in a panic and going for an ”it won’t work” argument, and then, the worst of all arguments, nothing can be done. Of course, this all flies in the face of President Trump’s success at shutting down the border crisis in his last year.

Republicans on the Senate Judiciary Committee recently unveiled a proposal to fix the Biden administration’s policies that they claim are causing the crisis at the southern border, prioritizing instead the reforms they think are most critical to stemming the flow of illegal crossers now.

Their proposal ignores what is happening in the interior of the country, just focusing on what is happening at the border. This will not stem the flow of illegal crossers, however. It is the administration’s lax interior enforcement policy that is attracting the record-breaking number of illegal crossers. 

Why The GOP’s Immigration Plan Won’t Do Anything To Stem The Tide Of Illegal Border Crossers, by Nolan Rappaport, The Hill, November 17, 2023

We do get a bit of honesty here, sort of. Rappaport admits that the lack of interior enforcement is an attractive nuisance, but claims that it is the source of the zerg rush, which is not true, though it is a factor. The Biden Open Borders are the attractive nuisance, as it is border enforcement that is the prime driver of illegal immigration numbers [‘I Love You Joe Biden’: Migrant Thanks POTUS After Crossing Illegally In Arizona, by Adam Shaw and Bill Melugin, Fox News, December 5, 2023]

But then we get the big lie. You can’t do anything about fraudulent asylum claimants! Rappaport claims that everyone who is denied asylum automatically gets Withholding Of Removal (WOR), a sort of asylum light, because of the legal principle of non-refoulement.

The United States is a party to the 1951 Convention and its 1967 Protocol, which has a refoulment provision that prohibits parties from returning a refugee to a country where he would face persecution. The United States meets this obligation with a mandatory withholding of removal provision that prohibits deporting a migrant to a country where it is more likely than not that he will be persecuted but permits deportation to any other country that will take him.

This prohibits the administration from summarily removing a migrant who asserts a persecution claim even if he is ineligible for asylum under the safe third country rule. His persecution claim would have to be evaluated to determine whether he is entitled to withholding of removal.

One would think that an immigration lawyer would know better, but WOR is not self-executing. Non-refoulement is not a right held by an alien, but a principle that is exercised by the government, and can be ignored by the government and is unenforceable in court. It is only a problem because the government generally does not have the will to appeal grants of WOR in the immigration court system, the Executive Office For Immigration Review (EOIR). And it is the government that determines if there is a true threat of persecution in WOR, and it is discretionary, just like asylum. ”More likely than not” is as broad and subject to interpretation, and usually the government just acquiesces to fraudulent WOR applications, as it does to fraudulent Credible Fear claims, and as it does to fraudulent asylum claims. Which is the basic strategy of the Treason Bar, just bombard the government with fraudulent filings and hope that they can outlast the government.

Later Rappaport admits that WOR is not automatic and must be applied for, but that is how the Treason Bar works, lie early on in the article or headline, and the typical undiscerning American reader will not go beyond the headline or first paragraphs.

Then we get to the heart of the matter, and the threat to the income of the Treason Bar, the backlog in the EOIR. 

The immigration court has a backlog of 2,794,629 cases, and the administration is not making any progress on reducing it. The court received 1,488,110 new cases in fiscal 2023, and completed only 669,011. This doesn’t just result in very long waits for an asylum hearing—it also makes it difficult to get removal proceedings for deportable migrants.

Even if the size of the immigration court were to be increased from the 600 judges it has now to 1,349 judges, it would still take 10 years to clear the backlog. 

What Rappaport does not mention explicitly, is Expedited Removal (ER). Credible Fear interviews, part of the ER process are mentioned, a very clever move meant not to edify the reader, but to deceive. The solution is glaringly obvious to someone in the know about immigration law, but Rappaport avoids it like the plague, and because he knows ER is the solution to the Biden Border Crisis. 

Then we get the admission against interest, Rappaport has no interest in a solution, he wants the status quo, which financially benefits the Treason Bar.

Frankly, I don’t think it is possible to end this crisis.

Aside from not wanting to solve the problem, Rapport claims there is no solution, they will come anyway.

Migrants who can’t or don’t want to wait will have to resort to making an illegal crossing. In fact, the Border Patrol apprehended 188,778 migrants in October who chose to make an illegal crossing instead of waiting for a CBP One interview…

Prohibiting this use of parole would eliminate these parole programs, but that doesn’t mean that the migrants who are depending on them won’t come anyway. It just means they would have to resort to making an illegal crossing.

Rappaport acts as if illegal immigration is like the weather, and nothing can be done. While the Border Safety and Security Act is not perfect, it will solve the current crisis by ending the attractive nuisance of a wide-open border, despite the falsehoods about illegal immigration. Illegal aliens are generally rational actors, responding to incentives. If the result of coming to the border were immediate deportation, they would not come. The illegal aliens come because the border is open. No amount of quibbling on micro-policy or lies will change that. And Expedited Removal will solve the border problem.

The nation has the tools to solve the border crisis. We know that 95–99% of asylum claims are fraudulent and we can use Expedited Removal to deport the fraudulent asylum claimants. What is not helping is the lies and deceit of the Treason Bar.