The George Soros-backed American Immigration Council is the latest group hell-bent on “resisting” commonsense immigration enforcement in the U.S. Several in this group are, themselves, practicing immigration attorneys who should know the truth about the dangers of open borders policies in communities across the U.S. However, however, many lawyers at the American Immigration Council gloss over facts and, instead, promote dangerously false information about the legal aspects of the immigration issue.
One such example of the white-washing lawyers at the American Immigration Council is Joshua Breisblatt, the group’s Senior Policy Analyst and an immigration attorney with an extensive background in immigration law and the lobbying efforts mounted in the Halls of Congress to push the open borders agenda. His bio notes that he had worked for Former Congressman Harry Mitchell of Arizona. Breisblatt penned an outrageously deceitful article on the group’s website titled: “USCIS Is Slowly Being Morphed Into an Immigration Enforcement Agency.”
The article begins with these three paragraphs:
U.S. Citizenship and Immigration Services (USCIS) issued new guidance to initiate deportation proceedings for thousands of applicants denied for any immigration benefit. This policy change will have far-reaching implications for many of those interacting with the agency, but also signals a major shift in how USCIS operates.
USCIS was never meant to be tasked with immigration enforcement. Their mandate has always been administering immigration benefits. With its distinct mission, USCIS was created to focus exclusively on their customer service function, processing applications for visas, green cards, naturalization, and humanitarian benefits.
The new USCIS guidance instructs staff to issue a Notice to Appear (NTA) to anyone who is unlawfully present when an application, petition, or benefit request is denied. This will include virtually all undocumented applicants, as well as those individuals whose lawful status expires while their request is pending before USCIS.
In other words, Breisblatt opposes the Trump administration’s sensible policy of removal (deportation hearings) for illegal aliens whose applications for immigration benefits are denied.
Generally, such applications are denied if an alien is ineligible for the immigration benefit – for whatever reason. But the main reason many denials of benefits is that the alien committed immigration fraud by lying on their application.
In fact, it appears Breisblatt objects to the necessary adjudications process altogether, referring to it as simply “processing applications”were providing service for the aliens being the key issue.
What Breisblatt and the American Immigration Council advocates for, instead, is a policy where fraud would be encouraged and enabled.
I wrote recently wrote about how the Trump administration’s New USCIS Mission Statement Puts Americans First, is making America safer.
I am intimately familiar with the adjudications process. Early in my career with the former INS (Immigration and Naturalization Service) I was assigned in the mid 1970’s for a one year period, as an Adjudications Officer- then known as an Immigration Examiner, to a pilot program to combat immigration fraud by interviewing aliens and their U.S. citizen or lawful immigrant spouses who had filed petitions to provide the aliens with lawful immigration status.
The program was created when a sudden and massive influx of applications for lawful immigrant status flooded the New York District Office.
It appeared that many of the “loving couples” were likely not living together but had entered into a sham marriage wherein the U.S. citizen or lawful immigrant petitioning spouse was paid to marry the alien.
When major discrepancies were discovered during the interview (the husband and wife were interviewed separately) the case was immediately assigned to a team of INS investigators. If the couple conceded that they were not living together, the illegal alien was immediately taken into custody and was put before an immigration judge within a day or two.
In cases where the couple denied committing fraud, a team of INS investigators would conduct a field investigation. If evidence was found that the couple was not living together, the alien was arrested per an administrative warrant and held for a deportation hearing.
Within just a few months, the number of petitions that were filed plummeted as the aliens came to realize that if they would face consequences for committing fraud.
Immigration fraud involves several federal laws such as 18 U.S. Code § 1546 which includes this excerpt which notes that immigration fraud committed in connection with terrorism carries a maximum penalty of 25 years in prison:
Whoever knowingly makes under oath, or as permitted under penalty of perjury under section 1746 of title 28, United States Code, knowingly subscribes as true, any false statement with respect to a material fact in any application, affidavit, or other document required by the immigration laws or regulations prescribed thereunder, or knowingly presents any such application, affidavit, or other document which contains any such false statement or which fails to contain any reasonable basis in law or fact—
Shall be fined under this title or imprisoned not more than 25 years (if the offense was committed to facilitate an act of international terrorism (as defined in section 2331 of this title)), 20 years (if the offense was committed to facilitate a drug trafficking crime (as defined in section 929(a) of this title)), 10 years (in the case of the first or second such offense, if the offense was not committed to facilitate such an act of international terrorism or a drug trafficking crime), or 15 years (in the case of any other offense), or both.
This is certainly an extremely serious crime.
Yet the American Immigration Council would have you believe that the best way to deal with immigration fraud is to just approve all of the applications so that we don’t add more cases to the already overflowing backlog of applications for benefits or clog the overcrowded immigration courts.
Incredibly, Breisblatt provided a link to an official document issued by the Immigration Ombudsman of the administration of George W. Bush, that purportedly supports his claim that previous administrations opposed the issuance of NTA’s to illegal aliens whose applications for immigration benefits were denied.
Nothing could be further from the truth. That document includes this excerpt:
Recommendation to USCIS that its policy on issuing Notices to Appear be standardized to provide that NTAs be issued and filed with the immigration court in all cases where, as a result of adjustment of status denial, the applicant is out of status.
For the government, failure to place a removable alien before an Immigration Judge creates a perception that the government tolerates violation of immigration laws;
For USCIS, if an NTA is not issued, (a) an applicant can file a new adjustment of status application which must be processed; (b) along with the new adjustment application, an applicant can also file for employment authorization. Thus, some applicants who are ineligible for adjustment of status can continue to file for it and receive employment authorization despite the knowledge that they will be denied at some point;
For applicants who wish to have an Immigration Judge review their adjustment application, USCIS failure to issue an NTA precludes such an opportunity;
For the public, USCIS failure to issue an NTA to a removable alien can be seen as neglecting a duty to ensure compliance with the immigration laws; and
For ICE, DHS’s enforcement branch, retaining removable aliens in USCIS processing prevents a true assessment of the number of cases pending and, thereby, precludes accurate resource planning and allocation.
As an INS special agent, I spent years investigating immigration fraud. Indeed my very first fraud investigation led me to uncover a terror plot in Israel. Fortunately, working with the Israeli National Police and the FBI a bombing at an oil refinery was averted.
The second largest contingent of federal agents who are assigned to the Joint Terrorism Task Force (JTTF) are immigration law enforcement agents because international terrorists generally commit multiple immigration law violations- often beginning with visa fraud and/or immigration benefit fraud.
The official report of the 9/11 Commission staff, 9/11 and Terrorist Travel focuses considerable attention on the issue of immigration fraud and included these statements:
“Once terrorists had entered the United States, their next challenge was to find a way to remain here. Their primary method was immigration fraud.
Terrorists in the 1990s, as well as the September 11 hijackers, needed to find a way to stay in or embed themselves in the United States if their operational plans were to come to fruition. As already discussed, this could be accomplished legally by marrying an American citizen, achieving temporary worker status, or applying for asylum after entering. In many cases, the act of filing for an immigration benefit sufficed to permit the alien to remain in the country until the petition was adjudicated. Terrorists were free to conduct surveillance, coordinate operations, obtain and receive funding, go to school and learn English, make contacts in the United States, acquire necessary materials, and execute an attack.
Last month I wrote an article, Trump Administration Opens Office To Find Naturalization Fraudsters in which I lauded the same efforts that American Council on Immigration adamantly opposes.
Given their backgrounds, these far-left American Immigration Council lobbyists clearly know the risks that immigration fraud creates in American communities and to average Americans. Yet, they are determined to obfuscate the truth and leave our nation vulnerable to Immigration Fraud: Lies That Kill.
Efforts by these opponents of fair and effective immigration law enforcement are succeeding in sparking subversive protests across the United States, under the banner of “Occupy ICE.”
From Portland, Oregon to New York City and towns and cities and states in between, demonstrators have been convinced or, more properly conned, into resisting immigration laws that protect national security, public safety and the livelihoods of American and lawful immigrant workers.
For those who think they are demonstrating compassion by obstructing immigration law enforcement, a bit of advice is in order, “The road to hell is paved with good intentions.”
EDITORS NOTE: This column originally appeared in FrontPage Magazine. The featured image is by Fibonacci Blue.