By Federale
04/13/2022
One of the crosses one has to bear being a certified expert in immigration law, policy, and procedure is the burden of the ignorance of others when they speak publicly on the issue, and then say something that is not correct in relation to actual immigration law: in my immigration law enforcement career, refugees, asylees, and those associated with the issue of immigration, legal and illegal, ostensibly caused by those claiming to be fleeing politically motivated persecution. And, of course, the politically motivated shiny little lies that accompany so-called refugees.
It is all politics, from soup to nuts, when dealing with immigration and public policy. Man is a political animal, and that is what Aristotle said differentiated man from the beasts. Now, observe a chimpanzee troop, dolphin pod, elephant herd, or a wolf pack and one might disagree, or make a cognizable argument that the lower animals practice something akin to politics, but for this lesson let politics be man’s great separation from the birds and beasts. For the record though, let it be known that Aristotle, the greatest of the philosophers, did not have the benefit of Divine Revelation that we benefit from, especially in this Holy Week.
But back to the shiny little lies from the Lying Press, ethnic lobbies, politicians, and others who publicly comment about refugees. Now, in the popular mind, someone fleeing a war zone is by definition a refugee. That person is fleeing war and likely death that war brings, either deliberately or as collateral damage.
Much has been made about the current war in Ukraine, that Vladimir Putin, Peace Be Upon Him, has been conducting a deliberate campaign targeting Ukrainian civilians with murder, both by the mass bombardments of modern rocket and tube artillery on one hand and up close and personal systematic killings. (Rocket artillery are rockets and missiles, such as the much feared incendiary rocket system the TOS-1 and variants, while tube artillery are the classic big guns, generally 75 mm and larger, either towed or self-propelled, like the gigantic Gustav Gun of the Second World War.
Here is a good primer on Russian strategy on the use of artillery, both rocket and tube. The Russians learned their lesson from Napoleon and artillery is their Ares.
In fact, specialists in the area have shown that the Russians have deliberately held back with dominating the battlefield with massed artillery, something they used to great effectiveness against the Germans during the Second World War. Frankly, if the Russians were beasts, they would have leveled Kiev. They did not, which says much.
While war is not pretty, the massed destruction of the Eastern Front is not evident in this conflict and the Russians have held back. There has been reports of atrocities on both sides; the Ukrainians have been shooting and maiming Prisoners-of-War (POW) in violation of the various conventions of warfare. There are also credible, though not confirmed reports of the deliberate murder of civilians and looting in areas controlled by the Russians, either local Donetsk forces or Russian regulars. Nasty business, but both sides do it, and, well, given human nature, don’t expect war to be a gentlemanly business.
But back to refugees and Ukrainians. Are Ukrainians fleeing the rather limited war zone in the far east areas of the Ukrainian state refugees? The short answer is no, not in any legal definition, under the laws of the United States, nor are those fleeing the war zone refugees under the United Nations definition.
Yet the Biden Regime is treating Ukrainians as refugees, at least publicly, for the moment. But get into the details, which is always where the problems are, and even the Biden Regime admits that the Ukrainians are not refugees.
The first, and most telling, evidence is that Ukrainians, whether those about to flood into the United States under the new Biden program, or those crossing the border illegally, are not being treated, legally, as refugees or asylees.
The Biden administration is preparing to roll out a program intended for Ukrainian refugees that would expedite the process for those trying to come to the United States, according to two administration officials.
The program comes on the heels of President Joe Biden’s commitment to accept up to 100,000 people fleeing war-torn Ukraine through a range of legal pathways and a focus on family reunification. More than two weeks since that announcement, the administration has yet to provide additional details and hundreds of Ukrainians have decided to go to the US-Mexico border to gain entry to the country.
The new parole program, which could start as early as next week, is expected to help people interested in coming to the US and allow them to stay in the country temporarily. According to one administration official, individuals would need to have a sponsorship application filled out on their behalf by someone in the US in order to come to the country. Details of the plan are still being finalized.
[Biden Administration Preparing To Roll Out New Program For Ukrainian Refugees, by Priscilla Alvarez and Kevin Liptak, CNN, April 12, 2022]
Note how the Lying Press tells us the Ukrainians migrants are “refugees” but then says a special program must be created for these refugees, not explaining how the “refugee” program does not apply to them. Alvarez, a very White Hispanic, is even supposed to be an expert on immigration. Contact her here and ask her why she doesn’t explain that Ukrainian migrants are not refugees.
For those in the know about immigration law, “parole” covers a number of sins by Department of Homeland Security (DHS) officials acting to increase immigration. Parole is the authority of the Secretary of DHS to allow in certain aliens without benefit of an immigrant or non-immigrant visa. Basically it is for aliens who otherwise would be inadmissible, and hence illegal aliens.
We currently see it at the border with mass numbers of illegal aliens either being released or paroled into the United States and we see it in the Central American Minors program, where the parole authority of the Immigration and Nationality Act, as amended, is being abused to create whole new categories of admission for what are really illegal aliens.
Here the use of parole authority is quite telling. Use of parole for these Ukrainian, well, let’s call them migrants, informs those in the know that DHS realizes that they are not legally refugees or asylees, and therefore can only be brought to the United States under some other legal category than that of refugee or asylee.
Here is the legal definition of a refugee:
Under United States law, a refugee is someone who:
Is located outside of the United States
Is of special humanitarian concern to the United States
Demonstrates that they were persecuted or fear persecution due to race, religion, nationality, political opinion, or membership in a particular social group
Is not firmly resettled in another country
Is admissible to the United States
Refugees, USCIS.gov
The key here is that Ukrainian migrants do not meet the most important on that list of attributes, they are not persecuted or fear persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
And for the record, membership in a particular social group means being a kulak or a bourgeois, two social groups persecuted by communists. This was included in the Refugee Act of 1980.
But back to our Ukrainian migrants, some of whom have traveled the world to get to Mexico, then run the border into San Diego. Are they victims of persecution of any sort? They are fleeing war — did they apply for asylum in Mexico? We don’t even know if any of them are Ukrainian nationalists from the Russian ethnic and speaking areas of Ukraine, such as Donetsk and Luhansk or others.
Russian Speaking Areas of The Ukraine, Nicely Correlated With The Location Of Russian Forces
Note two important aspects of this map — the greener the area, the more likely there is to be Russian troops, though not in all predominately Russian-speaking areas. Odessa is free of Russian troops, for example. Then note the wide open areas of Ukraine where there are no Russian troops and only the occasional incoming missiles, which are directed at troop concentrations and military bases. More important, the Russians are not striking civilian areas outside the immediate combat zone, unlike the Allies in the Second World War, who deliberately targeted civilians in non-combat zones for mass murder by explosive, fire, and nuclear weapons.
The map shows us that even Ukrainians who feared, and reasonably, politically based persecution in Donetsk, Luhansk, and other Russian areas, are still not refugees. As in American and international refugee law, there is a principle of interior relocation. This is the principle used when evaluating applications for refugee status by which the alien claims persecution — but that persecution is limited by location.
This was used quite often when evaluating claims by Sikhs from the Punjab claiming persecution by the Indian government in the late eighties and nineties. Here the United States government determined that a Sikh claiming persecution could alleviate such persecution by local officials in the Punjab by relocating to other parts of India where Sikhs were not politically or religiously persecuted. Quite often applications by Sikhs were denied based on the fact that the asylum applicants would travel long distances in India to get to a departure point, either directly or indirectly, to the United States, but could not explain the lack of persecution by law enforcement and security authorities outside the Punjab.
The same question can be put to Ukrainian migrants. If they are actually from the Russian occupied areas, and a Ukrainian nationalist would have a reasonable fear of persecution in a Russian-occupied area, why have they not relocated to an area west of the combat zone, much less any city, town, or village west of the Dnieper River? Now, I doubt if any of the Ukrainian migrants we see so much video of is from the actual combat areas, much less Donetsk and Luhansk, which are dominated by Russian nationalists, so much so that both areas have fielded their own armies to assist Tsar Putin the Great.
Most Ukrainian migrants are just taking advantage of the war to move to Western Europe or the United States, and they are from areas not affected directly by the war, which would be irrelevant in any case, as fleeing a war does not make one a refugee under the law. There is not section of the Act that says, “Are fleeing a war.” Not even according to the United Nations. There must be an element of persecution, and there is no persecution of Ukrainians in 85% of the territory of Ukraine, for Ukrainians fleeing Russian areas that want to reunited with Holy Mother Russia, the Rodinia, can move to Lvov or anywhere else west of the Dnieper River.
Note also “family reunification” comes up. That means the Ukrainian migrants and illegal aliens are coming to join family members already ensconced in the United States, legally and illegally. As has been said about refugees, 95% are fraudulent and just using the asylum and refugee programs as an alternative to the lawful immigration process. Especially since Ukrainians, as white Europeans, have one of the lowest legal immigrant admissions, less than 400 a year.
I think the most interesting aspect of this is that the Biden Regime thinks they are getting Democrat voters. Unlikely; once exposed to blacks, these Ukrainian migrants will become fast Republicans, just look at Eastern Europeans in Chicago. Or this little gem from France, the Ukrainian migrants find the mathematics tests in France too easy. Just wait until these Ukrainians are the victims of affirmative action in college admissions.
And why is this military-aged male Ukrainian patriot not back home fighting?
Ukrainian Patriot Not Fighting, Why Are We Sending Billions?
It should also be noted that this “new” program is without lawful basis. There is no program to parole in those who don’t meet the definition of refugee, especially the requirement of a sponsor. The whole program is lawlessness.
The new parole program, which could start as early as next week, is expected to help people interested in coming to the U.S. and to allow them to stay in the country temporarily. According to one administration official, individuals would need to have a sponsorship application filled out on their behalf by someone in the U.S. in order to come to the country. Details of the plan are still being finalized.
If details are still being finalized, that means the Biden Regime is creating a new immigration program, which is within the authority of Congress to do by legislation, not “stroke of the pen, law of the land.” Just like we got with DACA, which was overturned.
Clinton, Obama, And Biden Lawlessness
Time for impeachment: it is the only answer to the Biden Regime Administrative Amnesty, even if a few white people benefit.
This is a content archive of VDARE.com, which Letitia James forced off of the Internet using lawfare.