Working around Congress and those pesky people who object to giving "legalized status" to illegal aliens and their extended families...
When the Administration cannot persuade Congress or American citizens to go along with their outrageous proposals, they turn to a hyper-technical trick of simply getting an administrative agency to put forth an interim rule or final rule that accomplishes their goals.
In this case, we find the United States Citizenship and Immigration Services giving aid and comfort to illegal aliens though the device of a "U-Visa."
According to the summary contained in the Federal Register...
This interim rule amends Department of Homeland Security regulations to establish the requirements and procedures for aliens seeking U nonimmigrant status. The U nonimmigrant classification is available to alien victims of certain criminal activity who assist government officials in investigating or prosecuting such criminal activity. The purpose of the U nonimmigrant classification is to strengthen the ability of law enforcement agencies to investigate and prosecute such crimes as domestic violence, sexual assault, and trafficking in persons, while offering protection to alien crime victims in keeping with the humanitarian interests of the United States.
Who is eligible? ...
To qualify for the U nonimmigrant classification:
- The alien must have suffered substantial physical or mental abuse as a result of having
been a victim of qualifying criminal activity; - The alien must be in possession of information about the criminal activity of which he or she has been a victim;
- The alien must be of assistance to a Federal, State, or local law enforcement official or prosecutor, a Federal or State judge, the Department of Homeland Security (DHS), or
other Federal, State, or local authority investigating or prosecuting criminal activity; and - The criminal activity must have violated U.S. law or occurred in the United States (including Indian country and military installations) or the territories and possessions of the United States.
What are the qualifying crimes? ...
Qualifying criminal activity is defined by statute to be activity involving one or more of the following or any similar activity in violation of Federal, State, or local criminal law:
rape; torture; trafficking; incest; domestic
violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes.
Who else receives "legalized status?...
U nonimmigrant status can also extend to certain family members of the alien victim. If the alien victim is under 21 years of age, the victim's spouse, children, unmarried siblings under 18 years of age, and the victim's parents may qualify for U nonimmigrant status.
If the alien victim is 21 years of age or older, his or her spouse and children may also qualify for U nonimmigrant status.
How long can this "legalized status" last? ...
Aliens granted U nonimmigrant status can remain in the United States for a period of up to four years, with possible extensions upon certification of need by certain government officials.
INA sec. 214(p)(6), 8 U.S.C. I I84(p)(6). Section I513(t) of the BIWPA provides DHS with discretion to convert the temporary U nonimmigrant status to permanent resident status if (1) the alien has been physically present in the United States for a continuous period of at least three years since the date of admission as a U nonimmigrant; and (2) DHS determines that the "alien's continued presence in the United States is justified on humanitarian grounds, to ensure the family unity, or is otherwise in the public interest."
Does it "cap" the number of visas? ...
USCIS can only grant U nonimmigrants status to 10,000 principal aliens in each fiscal year.
Note carefully the word "principal," as it excludes all of the extended family members. And, of course, the Agency does not need Congressional approval or a Presidential directive to change the number. Rules fall exclusively within the realm of the sponsoring agency. One of the issues that I could not find within the 106-page document is whether or not the family of the "principal" needs to actually be in the United States at the time the U visa is granted. This, of course, would allow for a "principal" to send for his family one the status is granted by the Agency.
Unintended Consequences...
While I have no basic objection for those who are helping law enforcement to make this country safer, I see a number of unintended consequences which may be exploited by the Administration, Congress, Illegal Alien Activists, and in general, the entire "Open Boarders" crowd.
Under this rule, it is theoretically possible that an illegal alien located in a "gang" territory experiences "mental" anguish and someone else tips off the authorities.
"Such alien victims can satisfy the helpfulness requirement if their parent, guardian, or next friend provides the required assistance."
There is no doubt that this is the type of immigration action which should be legislated through Congress along with all of the necessary committee work to establish the program's parameters and the social and financial impact on the United States.
And speaking of financial impact:
The BIWPA further directs DHS to provide aliens who are eligible for U nonimmigrant status with referrals to nongovernmental organizations (NGOs) to advise the aliens regarding their options in the United States. Further, the USCIS is required to provide U nonimmigrants with employment authorization. If I read this right, DHS can refer the illegal alien to an immigrant's rights organization and provide them with work authorization.
And whose idea is this? ...
There is little doubt that the prime backer is President George Bush; who though his henchman, Michael Chertoff, gave his blessing to this attempt to circumvent Congress and, by extension, the People of the United States who have spoken out against SHAMnesty for illegal aliens. Proof:
The rule was signed on September 4th by his own hand:
There was no doubt of Michael Chertoff's intent as he traveled around with Commerce Secretary Gutierrez lobbying for the McCain/Kennedy/Bush SHAMnesty legislation.
What can YOU do?
This is an interim rule which is subject to public comment prior to the Agency issuing a final rule. The public has 60 days to comment after the rule's publication in the Federal Register.
You may submit comments, identified by DHS Docket No. USCIS-2006-0069 by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
Mail: Chief, Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, III Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529. To ensure proper handling, please reference DHS Docket No. USCIS-2006-0069 on your correspondence. This mailing address may also be used for paper, disk, or CD-ROM submissions.
Hand Delivery/Courier: Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, III Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529. Contact Telephone Number (202) 272-8377.
Further information may be obtained from Laura Dawkins, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529, telephone: (202) 272-8350.
Remember to be respectful when speaking with another American citizen who may not privately support this or any other legislation.
Do not allow our government craft stealth legislation or Agency rules in secret without adequate public input.
Do not support any candidate or elected politician who has attempted to subvert the sovereignty and security of the United States with SHAMnesty legislation. Remember those who attempted to destroy our healthcare, education, justice and retirement infrastructure for personal or political gain.
-- steve
A reminder from OneCitizenSpeaking.com: a large improvement can result from a small change…
The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane. -- Marcus Aurelius
References:
Civil Society Helps (civilsocietyhelps.org) helps perpetuate fraud against U.S. citizens. The courts in Minnesota are ill equipped and uninformed about the immigration fraud these kinds of groups promote. See http://www.marthasullivanlaw.com for details about a common immigration scam.
With false accusations from an immigrant residency seeker and the help of VAWA laws, a stable American citizen can be reduced to living in poverty. All of your assets can be seized and given to the immigrant residency seeker even if you are not found guilty. You will immediately be forced to surrender a portion of your income to the immigrant residency seeker. The courts will order you to turn your motor vehicle over to the immigrant residency seeker even if the car is in your name and the residency seeker does not have a drivers license. Your illegal immigrant spouse becomes legal and you become illegal. The court system will abuse you and strip you of your rights while social programs that promote immigration fraud thrive.
Posted by: Sean Patrick | February 05, 2008 at 11:54 PM