Immigration Laws: Suggestions Or Requirements?

Immigration laws in the United States have been a topic of debate for many years. The Biden administration has been accused of turning immigration laws into a mere suggestion by systematically ignoring existing statutes and abusing their authority to construct a parallel immigration system outside the constraints of the law. This has resulted in a perception that immigration laws are not being effectively enforced, leading to concerns about national security and public safety. On the other hand, critics argue that immigration laws are being used to criminalize immigrants and create a culture of fear, with the Trump administration's policies having a chilling effect on reporting of criminal activity and access to justice for victims of domestic violence and sexual assault. The debate over immigration laws in the United States remains highly polarized, with strong views on both sides.

The Biden administration's use of 'parole' to admit tens of thousands of foreigners without valid visas

The Biden administration has been accused of using 'parole' to admit tens of thousands of foreigners without valid visas.

'Parole' is a narrow authority that allows immigration officials to admit aliens to the U.S. for urgent humanitarian reasons on a case-by-case basis after an evaluation of their unique circumstances. For example, a child from a developing country seeking cutting-edge medical treatment that is only available in America may be admitted into the country.

However, the Biden administration has been accused of misusing this authority to admit tens of thousands of economic migrants from Latin America and the Caribbean each month. This has been referred to as a "mass parole program" that allows migrants to "fly into the country and bypass the border entirely".

In June 2024, President Biden announced a new program that will allow certain spouses of U.S. citizens to apply for "parole-in-place" from the Department of Homeland Security (DHS). This program will allow up to 550,000 people to receive temporary protections and work permits in the U.S. and will allow them to apply for lawful permanent resident (LPR) status through their spouses without risking years of separation from their families.

The Biden administration's use of parole has been criticised by Republicans, who argue that it is "rife with fraud" and amounts to "making illegal immigration legal". They argue that the program has been used to allow more than 530,000 migrants from Cuba, Haiti, Nicaragua, and Venezuela into the U.S.

However, supporters of the program argue that it helps mixed-status families stay together and avoid bureaucratic traps. They argue that current U.S. law makes it difficult for spouses of U.S. citizens to obtain permanent residency, and that the Biden administration's parole program solves this problem by providing a path to permanent residency that does not require them to leave the country.

The Biden administration's misuse of 'temporary protected status' to create a de facto amnesty program

Temporary Protected Status (TPS) is a program that was created by Congress in the Immigration Act of 1990. It allows certain immigrants deemed unsafe to return to their home countries to remain in the US temporarily. The Biden administration has been accused of misusing the program to create a de facto amnesty program for immigrants who entered the US illegally.

TPS is intended to be a temporary solution for immigrants who cannot return to their home countries due to ongoing armed conflict, environmental disasters, or other extraordinary and temporary conditions. The Secretary of Homeland Security has the authority to designate countries that qualify for TPS, in consultation with other government agencies.

Since taking office, the Biden administration has expanded the number of immigrants eligible for TPS. They have added several countries to the list of those whose immigrants may qualify, including Afghanistan, Cameroon, Ethiopia, Ukraine, and Venezuela. The administration has also extended the terms of eligibility for immigrants from most countries already covered by TPS. These expansions have been criticized by some who argue that the Biden administration is deliberately using TPS to grant amnesty to illegal immigrants.

The benefits of TPS include the ability to obtain employment authorization, Social Security numbers, driver's licenses, and international travel permissions. While TPS does not provide a path to permanent residency or citizenship, it does offer temporary protection from deportation. Critics argue that this amounts to a form of amnesty for illegal immigrants, as it allows them to remain in the country indefinitely.

The Biden administration's approach to TPS is in stark contrast to that of the Trump administration, which sought to end TPS for nearly all beneficiaries. The Biden administration's expansions of the program have contributed to an ongoing debate about the role of TPS and whether it is being misused to circumvent existing immigration laws.

The Obama administration's 'catch and release' policy

The Obama administration's catch and release policy refers to the practice of releasing migrants into the community while they await hearings in immigration court, as an alternative to holding them in immigration detention. This policy was implemented for those deemed low risk, such as children, families, and those seeking asylum.

The catch and release policy was a collection of policies, court precedents, executive actions, and federal statutes spanning over 20 years, and cobbled together by both Democratic and Republican administrations. The Trump administration has used the phrase as a catch-all term for laws or policies preventing the holding of apprehended migrants in immigration detention.

The Obama administration's policy was criticised for deliberately misleading Congress, as it was found that local immigration officials were given wide latitude to dismiss federal immigration charges, even against criminals convicted of violent crimes. This allowed them to be released back into the communities they violated, where they were free to prey on new victims.

In July 2011, a memo from John Morton, director of U.S. Citizenship and Immigration Enforcement, instructed all ICE employees to use discretion in "prioritizing" deportation cases. This led to an increase in dismissals of deportation cases, and earned praise from ICE headquarters.

The Obama administration's catch and release policy was continued by the Biden administration, who have been criticised for releasing illegal immigrants with criminal convictions, including assault, DUI, drug possession, and illegal re-entry.

Mayorkas' refusal to conduct any meaningful interior enforcement

One of the main charges against Mayorkas is his plot to overturn the Immigration and Nationality Act's (INA) requirement that all illegal aliens be detained. Mayorkas has unlawfully ordered DHS personnel not to detain and hold encountered illegal aliens. This is seen as a fundamental rejection of a basic statutory duty about which the statute authorizes the DHS secretary no discretion.

Mayorkas has also been accused of abusing his "parole" authority to admit tens of thousands of foreigners without valid visas into the country. "Parole" is a narrow authority that allows immigration officials to admit aliens to the U.S. for urgent humanitarian reasons on a case-by-case basis after an evaluation of their unique circumstances. However, Mayorkas has extended parole to entire classes of illegal immigrants, going beyond what the authority was intended for.

Mayorkas' refusal to conduct meaningful interior enforcement, alongside other actions, has been described as a formula that allows the White House to throw open America's gates to a limitless number of foreigners and allow them to remain indefinitely.

The Trump administration's abuses exposing serious injustices long embedded in U.S. immigration and criminal legal systems

The Trump administration's abuses have exposed serious injustices long embedded in U.S. immigration and criminal legal systems. The administration's hardline stance on immigration has led to the separation of families, with children being removed from parents accused of criminal activity, and little to no requirements on the government to justify these separations.

The Trump administration has also targeted immigrants with criminal records for deportation. However, this has resulted in the deportation of individuals with minor offenses, such as drug possession, and has caused prolonged separation from their families. The administration's policies have also led to racial profiling and targeted communities of color, with severe consequences such as detention and deportation.

The Trump administration has also been criticized for its handling of asylum seekers and refugees. While the number of asylum claims approved increased during Trump's tenure, this was due to a growing backlog of applications, many of which were filed during the Obama administration. The Trump administration has made it increasingly difficult to seek asylum, with narrow eligibility requirements and limited opportunities to apply. This has resulted in fewer new applications and will likely lead to a decrease in approved cases in the future.

Furthermore, the Trump administration has been accused of demonizing immigrants and creating an environment of fear and mistrust. The rhetoric and policies have led to a sense of confusion and fear among immigrant communities, making them hesitant to report crimes or seek help from law enforcement. This has had a detrimental effect on public safety and left communities more vulnerable to criminal activity.

The Trump administration's approach to immigration has also been characterized by a focus on border security and the construction of a border wall. This has been met with criticism, as it allocates resources towards punitive measures rather than comprehensive reforms to address the root causes of immigration. The expansion of workplace raids and the involvement of the military in immigration enforcement further reflect a strategy of treating immigration as a security threat rather than a humanitarian issue.

Overall, the Trump administration's approach to immigration has exposed and exacerbated long-standing injustices within the U.S. immigration and criminal legal systems, causing harm to immigrant communities and undermining public safety.

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