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Gang of Eight makes it easier for Asylum Seekers, like Boston Marathon Suspects, to come to U.S.

24 April 2013 One Comment


Appearing in CFP.
The Gang of Eight’s 844-page immigration reform legislation makes it easier for asylum seekers to come to America. Dzhokhar Tsarnaev, 19, the Boston Marathon bomber suspect, who was apprehended last Friday, after he was found wounded in a boat in Watertown, Boston, after the Boston Marathon bombings that killed three people and injured nearly 200 others, came to America legally by claiming asylum with his father.

On Monday Tsarnaev was “charged with one count of using and conspiring to use a weapon of mass destruction resulting in death and one count of malicious destruction of property by means of an explosive device resulting in death.”

According to the New York Times, “Anzor Tsarnaev and his younger son [Dzhokhar] first came to the United States legally in April 2002 on 90-day tourist visas… Once in this country, the father applied for political asylum, claiming he feared deadly persecution based on his ties to Chechnya. Dzhokhar, who was 8, applied for asylum under his father’s petition.”

We go now to page 551 of the Gang of Eight’s “Border Security, Economic Opportunity, and Immigration Modernization Act,” Subtitle D-Asylum and Refugee Provisions, Sec. 3401. Time Limits and Efficient Adjudication of Genuine Asylum Claims.

First, here we see how the Gang of Eight has amended the existing asylum laws, 8 U.S.C. § 1158, by giving more power to the Secretary of State, in this case to Janet Napolitano.

“Section 208(a)(2) (8 U.S.C. 1158(a)(2)) is amended— (1) in subparagraph (A), by inserting ‘‘or the Secretary of Homeland Security’’ after ‘‘Attorney General’’ both places such term appears; (2) by striking subparagraphs (B) and (D); (3) by redesignating subparagraph (C) as subparagraph (B); (4) in subparagraph (B), as redesignated, by striking ‘‘subparagraph (D)’’ and inserting ‘‘subparagraphs (C) and (D)’’; and (5) by inserting after subparagraph (B), as redesignated, the following:

Next the asylum seeker gets to add to their claim if circumstances “materially” change. What that means exactly is anybody’s guess. Would some horrific notes and letters from friends be considered material? Can the asylum seeker change their original story? Who knows.

‘‘(C) CHANGED CIRCUMSTANCES.—Notwithstanding subparagraph (B), an application for asylum of an alien may be considered if the alien demonstrates, to the satisfaction of the Attorney General or the Secretary of Homeland Security, the existence of changed circumstances that materially affect the applicant’s eligibility for asylum.”




To get a sense of how arbitrary the existing asylum law 8 U.S.C. § 1158 already is, see “B: Burden of Proof, (iii) Credibility determination.” This contributes to the Vegas-like operations at the United States Citizenship and Immigration Services (USCIS) which is how dubious people may be legalized.

“(iii) Credibility determination: Considering the totality of the circumstances, and all relevant factors, a trier of fact may base a credibility determination on the demeanor, candor, or responsiveness of the applicant or witness, the inherent plausibility of the applicant’s or witness’s account, the consistency between the applicant’s or witness’s written and oral statements (whenever made and whether or not under oath, and considering the circumstances under which the statements were made), the internal consistency of each such statement, the consistency of such statements with other evidence of record (including the reports of the Department of State on country conditions), and any inaccuracies or falsehoods in such statements, without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicant’s claim, or any other relevant factor. There is no presumption of credibility, however, if no adverse credibility determination is explicitly made, the applicant or witness shall have a rebuttable presumption of credibility on appeal (bold mine).”

Next, we learn that the Gang of Eight wants to give people, who were previously denied, another chance. Discretion (which arguably goes to credibility) has been taken off the table. Additionally, the 1-year time frame to file has been arbitrarily extended to 2-years. What the asylum seeker is doing in the meantime is anybody’s guess. We do know is that in the case of President Barack Obama’s aunt Zeituni Onyango, an asylum seeker, she lived off public housing in Boston for years after defying a deportation order.

From page 552 of the Gang of Eight’s bill:

“‘(D) MOTION TO REOPEN CERTAIN MERITORIOUS CLAIMS.—Notwithstanding subparagraph (B) or section 240(c)(7), an alien may file a motion to reopen an asylum claim during the 2-year period beginning on the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act if the alien— ‘‘(i) was denied asylum based solely upon a failure to meet the 1-year application filing deadline in effect on the date on which the application was filed; ‘‘(ii) was granted withholding of removal pursuant to section 241(b)(3) and has not obtained lawful permanent residence in the United States pursuant to any other provision of law; ‘‘(iii) is not subject to the safe third country exception in subsection (a)(2)(A) or a bar to asylum under subsection (b)(2) and should not be denied asylum as a matter of discretion; and ‘‘(iv) is physically present in the United States when the motion is filed (bold mine).’’

Meanwhile Sens. John McCain (R-Ariz), Lindsey Graham (R-SC) and Chuck Schumer (D-NY) of the Gang of Eight continue to insist that their immigration reform bill, must be passed because, “Immigration reform will strengthen our nation’s security by helping us identify exactly who has entered our country and who has left – a basic function of government that our broken immigration system is incapable of accomplishing today.” They continued that posture during a Congressional comprehensive immigration reform hearing held on Monday.

Let’s keep it real. The immigration system broke under both Republican and Democrat leadership (Bush, Clinton, Bush, and now Obama). Washington created this crisis. The reason why nobody knows who is in America is because of lawmakers like the Gang of Eight failed at their primary duty to protect America’s citizens. If these politicians had any self-respect, particularly the long serving ones like Sens. Schumer and McCain, they would have resigned and apologized to Americans for failing to do their jobs. Sen. Schumer’s role is especially disgraceful, considering he was responsible for pushing President Ronald Reagan’s amnesty through in 1986 that promised to fix America’s immigration at that time. Since then the crisis has exploded. That’s 27 long years of failed leadership that has hurt America’s national security and economy to his credit. Why is he still in office?

Moreover the Gang of Eight has a dangerous disconnect with reality. During an interview with CNN’s State of the Union, for instance, Sen. Lindsey Graham (R-S.C.) made this shocking statement: “Now is the time to bring all of the 11 million (illegal immigrants) out of the shadows and find out who they are,” Sen. Graham said, “We may find some terrorists in our midst who have been hiding in the shadows.”

Seriously? As documented in Crime & Incompetence: Guide to America’s Immigration Crisis, terrorists typically use student visas ( often don’t attend the school), asylum, and phony marriages to “legally” come to America. They have been doing this for years—decades. Does he really think terrorists are going to come out the “shadows” because of his bill?

The Gang of Eight’s disconnect with reality, coupled with a dangerous naiveté may explain why the senators decided to make granting asylum easier while making the immigration crisis worse by dumping millions of illegal aliens, including gang members and drunk drivers into a broken, incompetent, crime riddled system.