By Federale
04/15/2023
The Biden Regime Amnesty App for illegal aliens, CBP One, is a fraud. It is supposed to be a portal for illegal aliens to apply for the parole amnesty and for waiving the Title 42 public health deportation order, all based on a supposed case-by-case review by immigration professionals with those not eligible denied access to the United States. However, the statistics of the adjudication rate have been released, at least for the Title 42 waivers, and the approval rate is over 99%.
As I stated months ago, under the Biden Regime, Title 42 was a fraud and all the public debate over whether Title 42 deportations should remain in effect was a farce, especially given that even months ago it was obvious that many more aliens were receiving waivers of Title 42 deportation than were being deported using Title 42 authority.
The overwhelming majority of requests made by migrants for an exception to the Title 42 public health order using the recently-expanded CBP One app have been accepted, with 99% of migrants being found to have met the criteria — just as the app continues to face scrutiny from both the left and the right.
The Biden administration expanded the use of the CBP One app in January to allow for migrants seeking a humanitarian exception to Title 42 — the COVID-era public health order that allows for the rapid expulsion of migrants at the southern border due to the pandemic.
[Over 99% Of Migrants Who Have Sought Title 42 Exception Via CBP One App Were Approved, by Adam Shaw, Fox News, April 14, 2023]
Interestingly, we get an admission from the Biden Regime that all the asylum claims from the zerg rush are fraudulent. With a twist of language, the Biden Regime has changed the legal requirement that aliens show past or likely future persecution by the government they are fleeing, to being “vulnerable,” whatever that means.
“The CBP One app is an innovative solution we are using to facilitate the safe and orderly arrival of noncitizens who believe they meet certain vulnerability criteria and are requesting a humanitarian exception to the CDC’s Title 42 Order,” Homeland Security Secretary Alejandro Mayorkas said in January. “When Title 42 eventually lifts, this new feature will join one of the many tools and processes this Administration is providing for individuals to seek protection in a safe, orderly, and humane manner and to strengthen the security of our borders.”
The statute that defines asylum as a person in the United States who meets the definition of a refugee, one who has been persecuted or fears persecution based on race, religion, nationality, political opinion, or membership in a social group. It is not based on vulnerability, real or perceived, being the victim of a crime, being poor, or being from a nation that has had a natural disaster or war. Furthermore, refugees, and therefore asylees, may not be paroled into the United States.
(5)(A) The Attorney General may, except as provided in subparagraph (B) or in section 1184(f) of this title, in his discretion parole into the United States temporarily under such conditions as he may prescribe for emergent reasons or for reasons deemed strictly in the public interest any alien applying for admission to the United States, but such parole of such alien shall not be regarded as an admission of the alien and when the purposes of such parole shall, in the opinion of the Attorney General, have been served the alien shall forthwith return or be returned to the custody from which he was paroled and thereafter his case shall continue to be dealt with in the same manner as that of any other applicant for admission to the United States.
(B) The Attorney General may not parole into the United States an alien who is a refugee unless the Attorney General determines that compelling reasons in the public interest with respect to that particular alien require that the alien be paroled into the United States rather than be admitted as a refugee under section 1157 of this title.
8 USC 1182: Excludable Aliens, U.S. Code
The approval rate, over 99%, only compounds the illegality of the Biden Regime Parole and Asylum Amnesties. All applications for immigration benefits are required to be adjudicated based on the law, and vulnerability is not mentioned as a criterion for any benefit in the Immigration and Nationality Act, as amended. Furthermore, for parole, which most of these aliens who are receive the Title 42 waiver are given, the law requires that all applicants be adjudicated under a case-by-case review. That means that wholesale approvals are prohibited. But a 99% approval rate shows there is no individualized and case-by-case review. Hence, all the approvals are unlawful, as the outcome of the application was foreordained.
The fun part of this is that Alexandro Mayorkas, the Secretary of the Department of Homeland Security (DHS), and the anchor baby Ur Jaddou, Director of U.S. Citizenship and Immigration Services (USCIS), can be criminally prosecuted for hundreds of thousands of counts of aiding illegal aliens, immigration fraud, false statements, and creation of false records in a Federal investigation. Hopefully President DeSantis or President Trump will make prosecution of these two fake Americans a top priority.
This is a content archive of VDARE.com, which Letitia James forced off of the Internet using lawfare.