The Pronk Pops Show 630, February 24, 2016, Story 1: Rubio Repeating Republican Rat Rants — Enforce The Law — A Reasonable Response — Remove and Deport The 30-50 Million Illegal Aliens In The United States — It Is The Law! — Arrest The Employers of The Illegal Aliens — Heading For The Last Roundup — Videos

Posted on February 24, 2016. Filed under: 2016 Presidential Campaign, 2016 Presidential Candidates, Blogroll, Breaking News, Budgetary Policy, Communications, Corruption, Countries, Donald J. Trump, Donald Trump, Economics, Education, Fiscal Policy, Marco Rubio, Monetary Policy, Taxation, Taxes, Ted Cruz, Ted Cruz, United States Constitution, United States of America, Videos, Wall Street Journal, Wealth, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

Project_1

The Pronk Pops Show Podcasts

Pronk Pops Show 630: February 24, 2016

Pronk Pops Show 629: February 22, 2016

Pronk Pops Show 628: February 19, 2016

Pronk Pops Show 627: February 18, 2016

Pronk Pops Show 626: February 17, 2016

Pronk Pops Show 625: February 16, 2016

Pronk Pops Show 624: February 15, 2016

Pronk Pops Show 623: February 12, 2016

Pronk Pops Show 622: February 11, 2016

Pronk Pops Show 621: February 10, 2016

Pronk Pops Show 620: February 9, 2016

Pronk Pops Show 619: February 8, 2016

Pronk Pops Show 618: February 5, 2016

Pronk Pops Show 617: February 4, 2016

Pronk Pops Show 616: February 3, 2016

Pronk Pops Show 615: February 1, 2016

Pronk Pops Show 614: January 29, 2016

Pronk Pops Show 613: January 28, 2016

Pronk Pops Show 612: January 27, 2016

Pronk Pops Show 611: January 26, 2016

Pronk Pops Show 610: January 25, 2016

Pronk Pops Show 609: January 22, 2016

Pronk Pops Show 608: January 21, 2016

Pronk Pops Show 607: January 20, 2016

Pronk Pops Show 606: January 19, 2016

Pronk Pops Show 605: January 15, 2015

Pronk Pops Show 604: January 14, 2016

Pronk Pops Show 603: January 13, 2016

Pronk Pops Show 602: January 12, 2016

Pronk Pops Show 601: January 11, 2015

Pronk Pops Show 600: January 8, 2016

Pronk Pops Show 599: January 6, 2016

Pronk Pops Show 598: January 5, 2016

Pronk Pops Show 597: December 21, 2015

Pronk Pops Show 596: December 18, 2015

Pronk Pops Show 595: December 17, 2015

Pronk Pops Show 594: December 16, 2015

Pronk Pops Show 593: December 15, 2015

Pronk Pops Show 592: December 14, 2015 

Pronk Pops Show 591: December 11, 2015 

Pronk Pops Show 590: December 10, 2015 

Pronk Pops Show 589: December 9, 2015 

Pronk Pops Show 588: December 7, 2015 

Pronk Pops Show 587: December 4, 2015 

Pronk Pops Show 586: December 3, 2015 

Pronk Pops Show 585: December 2, 2015 

Pronk Pops Show 584: December 1, 2015 

Pronk Pops Show 583: November 30, 2015 

Pronk Pops Show 582: November 25, 2015 

Pronk Pops Show 581: November 24, 2015 

Pronk Pops Show 580: November 23, 2015  

Pronk Pops Show 579: November 20, 2015 

Pronk Pops Show 578: November 19, 2015 

Pronk Pops Show 577: November 18, 2015 

Pronk Pops Show 576: November 17, 2015

Pronk Pops Show 575: November 16, 2015 

Pronk Pops Show 574: November 13, 2015 

Pronk Pops Show 573: November 12, 2015 

Pronk Pops Show 572: November 11, 2015 

Pronk Pops Show 571: November 9, 2015 

Pronk Pops Show 570: November 6, 2015 

Pronk Pops Show 569: November 5, 2015

Pronk Pops Show 568: November 4, 2015

Pronk Pops Show 567: November 3, 2015 

Pronk Pops Show 566: November 2, 2015

Story 1: Rubio Repeating Republican Rat Rants — Enforce The Law — A Reasonable Response — Remove and Deport The 30-50 Million Illegal Aliens In The United States — It Is The Law! — Arrest The Employers of The Illegal Aliens — Heading For The Last Roundup — Videos

Marco Rubio interview w/Bill O’Reily; 2-22-2016

Marco Rubio Repeats same line 8 times to Bill O’reilly

Marco Rubio from corrupted, traitorous Gang of Eight, is untrustworthy, self-serving tool-DML Report

Marco Rubio Is The Elites Chosen One

RickWells.US – Chuck Schumer Rubios Fingerprints All Over Gang of Eight Amnesty Bill

Ann Coulter Slams The Gang of Eights Amnesty Bill and Marco Rubio

Rush Limbaugh: It was Marco Rubio that was a member of the Gang of Eight and Ted Cruz that wasn’t

Rush Limbaugh shocked to learn the Tea Party hates Marco Rubio

*Ugh* Marco Rubio Doubles Down on Gang of 8 Amnesty Plan

Mark Levin: Marco Rubio’s statements on illegal immigration (audio from 01-18-2016)

GOP Debate Analysis – Panel Gangs Up Marco Rubio – America’s Election HQ – Chris Christie

Marco Rubio On The Senate Gang Of 8 Bill And Immigration

“The Gang”

Mark Levin grills Marco Rubio on immigration proposal

Rand Paul Talks Marco Rubio’s Immigration Policy | Mark Levin (Audio)

Ann Coulter on illegal immigration

How Many Illegal Aliens Are in the US? – Walsh – 1

How Many Illegal Aliens Are in the US? – Walsh – 2

Immigration by the Numbers — Off the Charts

Immigration, World Poverty and Gumballs – NumbersUSA.com

Stop Amnesty for Illegal Immigrants – Expert Reveals the True Cost of Amnesty

Gene Autry – The Last Round-Up (from The Singing Hill 1941)

LEVIN: STOP THE LIES, MARCO

By: Mark Levin

A little while back, I argued that Marco Rubio’s tactics in attacking Ted Cruz’s Senate record on immigration and national defense, among other things, were Alinskyite.  They were and still are simply and demonstrably dishonest.  Yet he persists, knowing full well that by the time the truth catches up with him, if ever, the damage will have been done.  More recently, Rubio and his campaign team have intensified and broadened their Alinskyite tactics, now focusing on the ultimate personal smear — that Ted Cruz is a serial liar.  Even in this, Rubio is not original.  Of course, Donald Trump has been calling his opponents liars as an almost Tourette’s-like response against anyone who reminds him of his past but recent support for leftists and leftist causes, some of whom and which he still embraces.

But Rubio’s smears are part of a more deliberative and unrelenting propaganda campaign. They are now at the core of his campaign effort to dislodge Cruz and clear the field against Trump.

Saul Alinksy explained it this way:  “Pick the target, freeze it, personalize it, and polarize it.”  Rubio fancies himself the next Ronald Reagan.  But such self-aggrandizement is unmerited.  He’s more Alinsky.  Indeed, it was Reagan who, in his 1966 race for Governor of California, declared: “Thou shalt not speak ill of any fellow Republican.”  I doubt Reagan would approve of Rubio’s campaign of character assassination against Cruz.  In all the years I campaigned for Reagan and worked for his administration, I cannot recall Reagan ever talking about another Republican this way.  Certainly not as a relentless propaganda campaign.

…when the candidate himself (Rubio) is the source of the Alinskyite tactics, not a staffer acting on his own, that’s an entirely different matter.

Rubio, like Trump, has difficulty explaining his past positions.  For Trump, it doesn’t seem to matter.  Moreover, Trump’s resort to personal attacks can be followed up with evidence of his business accomplishments.  But Rubio has no significant accomplishments other than his election to various public offices.  He has few if any accomplishments outside of politics and virtually no accomplishments in public office as a U.S. senator.  In fact, Rubio’s most notorious public act was as a senator, i.e., his leading role in crafting one of the most disastrous immigration bills in modern times, in knowing violation of his pledge to the voters of Florida in his last election.  Not only has Rubio’s immigration record gone from anti-amnesty to pro-amnesty to utter incoherence, but the issue of his own integrity is at stake.  Thus, he employs Alinsky’s rule and accuses Cruz of what he has actually become.  He now focuses the media on his own accusations rather than his own thin record.

Campaigns are usually tough.  No question about that.  As I write this, Cruz just dropped his communications director for re-tweeting a false tweet.  Perhaps there’s more to it.  Trump fired some of his staff early on.  Carson did the same more recently.  But when the candidate himself (Rubio) is the source of the Alinskyite tactics, not a staffer acting on his own, that’s an entirely different matter. I had high hopes for Rubio when I was among his earliest supporters against Charlie Crist in Florida.  But I’m deeply disappointed in him, as are many who voted for him.  The growing endorsements for Rubio’s presidential candidacy from establishment Republicans, most of whom cannot better articulate his accomplishments than he can, emphasize the point.

It is not too late for Rubio to reverse course.  But I doubt he will.  Polling in South Carolina shows that he (along with Trump) was successful with this tactic.

Mark Levin is the Editor-in-Chief of ConservativeReview.

– See more at: https://www.conservativereview.com/commentary/2016/02/stop-the-lies-marco#sthash.nE42ZcgH.dpuf

Rubio memo: Cruz ran ‘nastiest campaign’ in S.C. history

 

8 U.S. Code § 1227 – Deportable aliens

(a) Classes of deportable aliensAny alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens:

(1)Inadmissible at time of entry or of adjustment of status or violates status

(A)Inadmissible aliens

Any alien who at the time of entry or adjustment of status was within one or more of the classes of aliens inadmissible by the law existing at such time is deportable.

(B)Present in violation of law

Any alien who is present in the United States in violation of this chapter or any other law of the United States, or whose nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) has been revoked under section 1201(i) of this title, is deportable.

(C)Violated nonimmigrant status or condition of entry

(i)Nonimmigrant status violators

Any alien who was admitted as a nonimmigrant and who has failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 1258 of this title, or to comply with the conditions of any such status, is deportable.

(ii)Violators of conditions of entry

Any alien whom the Secretary of Health and Human Services certifies has failed to comply with terms, conditions, and controls that were imposed under section 1182(g) of this title is deportable.

(D)Termination of conditional permanent residence

(i)In general

Any alien with permanent resident status on a conditional basis under section 1186a of this title(relating to conditional permanent resident status for certain alien spouses and sons and daughters) or under section 1186b of this title (relating to conditional permanent resident status for certain alien entrepreneurs, spouses, and children) who has had such status terminated under such respective section is deportable.

(ii)Exception

Clause (i) shall not apply in the cases described in section 1186a(c)(4) of this title (relating to certain hardship waivers).

(E)Smuggling

(i)In general

Any alien who (prior to the date of entry, at the time of any entry, or within 5 years of the date of any entry) knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law is deportable.

(ii)Special rule in the case of family reunification

Clause (i) shall not apply in the case of alien who is an eligible immigrant (as defined in section 301(b)(1) of the Immigration Act of 1990), was physically present in the United States on May 5, 1988, and is seeking admission as an immediate relative or under section 1153(a)(2) of this title (including under section 112 of the Immigration Act of 1990) or benefits under section 301(a) of the Immigration Act of 1990 if the alien, before May 5, 1988, has encouraged, induced, assisted, abetted, or aided only the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.

(iii)Waiver authorized

The Attorney General may, in his discretion for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest, waive application of clause (i) in the case of any alien lawfully admitted for permanent residence if the alien has encouraged, induced, assisted, abetted, or aided only an individual who at the time of the offense was the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.

(G)Marriage fraudAn alien shall be considered to be deportable as having procured a visa or other documentation by fraud (within the meaning of section 1182(a)(6)(C)(i) of this title) and to be in the United States in violation of this chapter (within the meaning of subparagraph (B)) if—

(i)

the alien obtains any admission into the United States with an immigrant visa or other documentation procured on the basis of a marriage entered into less than 2 years prior to such admission of the alien and which, within 2 years subsequent to any admission of the alien in the United States, shall be judicially annulled or terminated, unless the alien establishes to the satisfaction of the Attorney General that such marriage was not contracted for the purpose of evading any provisions of the immigration laws, or

(ii)

it appears to the satisfaction of the Attorney General that the alien has failed or refused to fulfill the alien’s marital agreement which in the opinion of the Attorney General was made for the purpose of procuring the alien’s admission as an immigrant.

(H)Waiver authorized for certain misrepresentationsThe provisions of this paragraph relating to the removal of aliens within the United States on the ground that they were inadmissible at the time of admission as aliens described in section 1182(a)(6)(C)(i) of this title, whether willful or innocent, may, in the discretion of the Attorney General, be waived for any alien (other than an alien described in paragraph (4)(D)) who—

(i)

(I)

is the spouse, parent, son, or daughter of a citizen of the United States or of an alien lawfully admitted to the United States for permanent residence; and

(II)

was in possession of an immigrant visa or equivalent document and was otherwise admissible to the United States at the time of such admission except for those grounds of inadmissibility specified under paragraphs (5)(A) and (7)(A) of section 1182(a) of this titlewhich were a direct result of that fraud or misrepresentation.

(ii)

is a VAWA self-petitioner.
A waiver of removal for fraud or misrepresentation granted under this subparagraph shall also operate to waive removal based on the grounds of inadmissibility directly resulting from such fraud or misrepresentation.

(2)Criminal offenses

(A)General crimes

(i)Crimes of moral turpitudeAny alien who—

(I)

is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 1255(j) of this title) after the date of admission, and

(II)

is convicted of a crime for which a sentence of one year or longer may be imposed,
 is deportable.

(ii)Multiple criminal convictions

Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial, is deportable.

(iii)Aggravated felony

Any alien who is convicted of an aggravated felony at any time after admission is deportable.

(iv)High speed flight

Any alien who is convicted of a violation of section 758 of title 18 (relating to high speed flight from an immigration checkpoint) is deportable.

(v)Failure to register as a sex offender

Any alien who is convicted under section 2250 of title 18 is deportable.

(vi)Waiver authorized

Clauses (i), (ii), (iii), and (iv) shall not apply in the case of an alien with respect to a criminal conviction if the alien subsequent to the criminal conviction has been granted a full and unconditional pardon by the President of the United States or by the Governor of any of the several States.

(B)Controlled substances

(i)Conviction

Any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21), other than a single offense involving possession for one’s own use of 30 grams or less of marijuana, is deportable.

(ii)Drug abusers and addicts

Any alien who is, or at any time after admission has been, a drug abuser or addict is deportable.

(C)Certain firearm offenses

Any alien who at any time after admission is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device (as defined in section 921(a) of title 18) in violation of any law is deportable.

(D)Miscellaneous crimesAny alien who at any time has been convicted (the judgment on such conviction becoming final) of, or has been so convicted of a conspiracy or attempt to violate—

(i)

any offense under chapter 37 (relating to espionage), chapter 105 (relating to sabotage), or chapter 115 (relating to treason and sedition) of title 18 for which a term of imprisonment of five or more years may be imposed;

(ii)

any offense under section 871 or 960 of title 18;

(iii)

a violation of any provision of the Military Selective Service Act (50 U.S.C. App. 451 et seq.) [now 50 U.S.C. 3801 et seq.] or the Trading With the Enemy Act (50 U.S.C. App. 1 et seq.) [now 50 U.S.C. 4301 et seq.]; or

(iv)

a violation of section 1185 or 1328 of this title,
is deportable.

(E)Crimes of domestic violence, stalking, or violation of protection order, crimes against children and

(i)Domestic violence, stalking, and child abuse

Any alien who at any time after admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable. For purposes of this clause, the term “crime of domestic violence” means any crime of violence (as defined in section 16 of title 18) against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual’s acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government.

(ii)Violators of protection orders

Any alien who at any time after admission is enjoined under a protection order issued by a court and whom the court determines has engaged in conduct that violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person or persons for whom the protection order was issued is deportable. For purposes of this clause, the term “protection order” means any injunction issued for the purpose of preventing violent or threatening acts of domestic violence, including temporary or final orders issued by civil or criminal courts (other than support or child custody orders or provisions) whether obtained by filing an independent action or as a pendente lite order in another proceeding.

(F)Trafficking

Any alien described in section 1182(a)(2)(H) of this title is deportable.

(3)Failure to register and falsification of documents

(A)Change of address

An alien who has failed to comply with the provisions of section 1305 of this title is deportable, unless the alien establishes to the satisfaction of the Attorney General that such failure was reasonably excusable or was not willful.

(B)Failure to register or falsification of documentsAny alien who at any time has been convicted—

(i)

under section 1306(c) of this title or under section 36(c) of the Alien Registration Act, 1940,

(ii)

of a violation of, or an attempt or a conspiracy to violate, any provision of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.), or

(iii)

of a violation of, or an attempt or a conspiracy to violate, section 1546 of title 18 (relating to fraud and misuse of visas, permits, and other entry documents),
is deportable.

(C)Document fraud

(i)In general

An alien who is the subject of a final order for violation of section 1324c of this title is deportable.

(ii)Waiver authorized

The Attorney General may waive clause (i) in the case of an alien lawfully admitted for permanent residence if no previous civil money penalty was imposed against the alien undersection 1324c of this title and the offense was incurred solely to assist, aid, or support the alien’s spouse or child (and no other individual). No court shall have jurisdiction to review a decision of the Attorney General to grant or deny a waiver under this clause.

(D)Falsely claiming citizenship

(i)In general

Any alien who falsely represents, or has falsely represented, himself to be a citizen of the United States for any purpose or benefit under this chapter (including section 1324a of this title) or any Federal or State law is deportable.

(ii)Exception

In the case of an alien making a representation described in clause (i), if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be deportable under any provision of this subsection based on such representation.

(4)Security and related grounds

(A)In generalAny alien who has engaged, is engaged, or at any time after admission engages in—

(i)

any activity to violate any law of the United States relating to espionage or sabotage or to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information,

(ii)

any other criminal activity which endangers public safety or national security, or

(iii)

any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means,
is deportable.

(B)Terrorist activities

Any alien who is described in subparagraph (B) or (F) of section 1182(a)(3) of this title is deportable.

(C)Foreign policy

(i)In general

An alien whose presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is deportable.

(ii)Exceptions

The exceptions described in clauses (ii) and (iii) of section 1182(a)(3)(C) of this title shall apply to deportability under clause (i) in the same manner as they apply to inadmissibility under section 1182(a)(3)(C)(i) of this title.

(D)Participated in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing

Any alien described in clause (i), (ii), or (iii) of section 1182(a)(3)(E) of this title is deportable.

(E)Participated in the commission of severe violations of religious freedom

Any alien described in section 1182(a)(2)(G) of this title is deportable.

(F)Recruitment or use of child soldiers

Any alien who has engaged in the recruitment or use of child soldiers in violation of section 2442 of title 18 is deportable.

(5)Public charge

Any alien who, within five years after the date of entry, has become a public charge from causes not affirmatively shown to have arisen since entry is deportable.

(6)Unlawful voters

(A)In general

Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is deportable.

(B)Exception

In the case of an alien who voted in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of voting to citizens, if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of such violation that he or she was a citizen, the alien shall not be considered to be deportable under any provision of this subsection based on such violation.

(7)Waiver for victims of domestic violence

(A)In generalThe Attorney General is not limited by the criminal court record and may waive the application of paragraph (2)(E)(i) (with respect to crimes of domestic violence and crimes of stalking) and (ii) in the case of an alien who has been battered or subjected to extreme cruelty and who is not and was not the primary perpetrator of violence in the relationship—

(i)[1] upon a determination that—

(I)

the alien was acting is [2] self-defense;

(II)

the alien was found to have violated a protection order intended to protect the alien; or

(III)the alien committed, was arrested for, was convicted of, or pled guilty to committing a crime—

(aa)

that did not result in serious bodily injury; and

(bb)

where there was a connection between the crime and the alien’s having been battered or subjected to extreme cruelty.

(B)Credible evidence considered

In acting on applications under this paragraph, the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General.

(b)Deportation of certain nonimmigrants

An alien, admitted as a nonimmigrant under the provisions of either section 1101(a)(15)(A)(i) or 1101(a)(15)(G)(i) of this title, and who fails to maintain a status under either of those provisions, shall not be required to depart from the United States without the approval of the Secretary of State, unless such alien is subject to deportation under paragraph (4) of subsection (a).

(c)Waiver of grounds for deportation

Paragraphs (1)(A), (1)(B), (1)(C), (1)(D), and (3)(A) of subsection (a) (other than so much of paragraph (1) as relates to a ground of inadmissibility described in paragraph (2) or (3) of section 1182(a) of this title) shall not apply to a special immigrant described in section 1101(a)(27)(J) of this title based upon circumstances that existed before the date the alien was provided such special immigrant status.

(d)Administrative stay

(1)If the Secretary of Homeland Security determines that an application for nonimmigrant status under subparagraph (T) or (U) of section 1101(a)(15) of this title filed for an alien in the United States sets forth a prima facie case for approval, the Secretary may grant the alien an administrative stay of a final order of removal under section 1231(c)(2) of this title until—

(A)

the application for nonimmigrant status under such subparagraph (T) or (U) is approved; or

(B)

there is a final administrative denial of the application for such nonimmigrant status after the exhaustion of administrative appeals.

(2)

The denial of a request for an administrative stay of removal under this subsection shall not preclude the alien from applying for a stay of removal, deferred action, or a continuance or abeyance of removal proceedings under any other provision of the immigration laws of the United States.

(3)

During any period in which the administrative stay of removal is in effect, the alien shall not be removed.

(4)

Nothing in this subsection may be construed to limit the authority of the Secretary of Homeland Security or the Attorney General to grant a stay of removal or deportation in any case not described in this subsection.
(June 27, 1952, ch. 477, title II, ch. 4, § 237, formerly ch. 5, § 241, 66 Stat. 204; July 18, 1956, ch. 629, title III, § 301(b), (c), 70 Stat. 575; Pub. L. 86–648, § 9, July 14, 1960, 74 Stat. 505; Pub. L. 87–301, § 16, Sept. 26, 1961, 75 Stat. 655; Pub. L. 89–236, § 11(e), Oct. 3, 1965, 79 Stat. 918; Pub. L. 94–571, § 7(e), Oct. 20, 1976,90 Stat. 2706; Pub. L. 95–549, title I, § 103, Oct. 30, 1978, 92 Stat. 2065; Pub. L. 97–116, § 8, Dec. 29, 1981,95 Stat. 1616; Pub. L. 99–570, title I, § 1751(b), Oct. 27, 1986, 100 Stat. 3207–47; Pub. L. 99–603, title III, § 303(b), Nov. 6, 1986, 100 Stat. 3431; Pub. L. 99–639, § 2(b), Nov. 10, 1986, 100 Stat. 3541; Pub. L. 99–653, § 7(c), Nov. 14, 1986, 100 Stat. 3657; Pub. L. 100–525, §§ 2(n)(2), 9(m), Oct. 24, 1988, 102 Stat. 2613, 2620;Pub. L. 100–690, title VII, §§ 7344(a), 7348(a), Nov. 18, 1988, 102 Stat. 4470, 4473; Pub. L. 101–649, title I, § 153(b), title V, §§ 505(a), 508(a), 544(b), title VI, § 602(a), (b), Nov. 29, 1990, 104 Stat. 5006, 5050, 5051, 5061, 5077, 5081; Pub. L. 102–232, title III, §§ 302(d)(3), 307(h), (k), Dec. 12, 1991, 105 Stat. 1745, 1755, 1756; Pub. L. 103–322, title XIII, § 130003(d), Sept. 13, 1994, 108 Stat. 2026; Pub. L. 103–416, title II, §§ 203(b), 219(g), Oct. 25, 1994, 108 Stat. 4311, 4317; Pub. L. 104–132, title IV, §§ 414(a), 435(a), Apr. 24, 1996, 110 Stat. 1270, 1274; renumbered ch. 4, § 237, and amended Pub. L. 104–208, div. C, title I, § 108(c), title III, §§ 301(d), 305(a)(2), 308(d)(2), (3)(A), (e)(1)(E), (2)(C), (f)(1)(L)–(N), (5), 344(b), 345(b), 347(b), 350(a), 351(b), title VI, § 671(a)(4)(B), (d)(1)(C), Sept. 30, 1996, 110 Stat. 3009–558, 3009–579, 3009–598, 3009–617, 3009–619 to 3009–622, 3009–637 to 3009–640, 3009–721, 3009–723; Pub. L. 106–386, div. B, title V, § 1505(b)(1), (c)(2), Oct. 28, 2000, 114 Stat. 1525, 1526; Pub. L. 106–395, title II, § 201(c)(1), (2), Oct. 30, 2000, 114 Stat. 1634, 1635; Pub. L. 107–56, title IV, § 411(b)(1), Oct. 26, 2001, 115 Stat. 348; Pub. L. 108–458, title V, §§ 5304(b), 5402, 5501(b), 5502(b), Dec. 17, 2004, 118 Stat. 3736, 3737, 3740, 3741; Pub. L. 109–13, div. B, title I, § 105(a)(1), (b), May 11, 2005, 119 Stat. 309, 310; Pub. L. 109–248, title IV, § 401, July 27, 2006, 120 Stat. 622; Pub. L. 109–271, § 6(c), Aug. 12, 2006, 120 Stat. 763; Pub. L. 110–340, § 2(c), Oct. 3, 2008, 122 Stat. 3736; Pub. L. 110–457, title II, §§ 204, 222(f)(2), Dec. 23, 2008, 122 Stat. 5060, 5071.)

[1]  So in original. No cl. (ii) has been enacted.

[2]  So in original. Probably should be “in”.

 

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8 U.S. Code § 1229a – Removal proceedings

(a)Proceeding

(1)In general

An immigration judge shall conduct proceedings for deciding the inadmissibility or deportability of an alien.

(2)Charges

An alien placed in proceedings under this section may be charged with any applicable ground of inadmissibility under section 1182(a) of this title or any applicable ground of deportability undersection 1227(a) of this title.

(3)Exclusive procedures

Unless otherwise specified in this chapter, a proceeding under this section shall be the sole and exclusive procedure for determining whether an alien may be admitted to the United States or, if the alien has been so admitted, removed from the United States. Nothing in this section shall affect proceedings conducted pursuant to section 1228 of this title.

(b)Conduct of proceeding

(1)Authority of immigration judge

The immigration judge shall administer oaths, receive evidence, and interrogate, examine, and cross-examine the alien and any witnesses. The immigration judge may issue subpoenas for the attendance of witnesses and presentation of evidence. The immigration judge shall have authority (under regulations prescribed by the Attorney General) to sanction by civil money penalty any action (or inaction) in contempt of the judge’s proper exercise of authority under this chapter.

(2)Form of proceeding

(A)In generalThe proceeding may take place—

(i)

in person,

(ii)

where agreed to by the parties, in the absence of the alien,

(iii)

through video conference, or

(iv)

subject to subparagraph (B), through telephone conference.

(B)Consent required in certain cases

An evidentiary hearing on the merits may only be conducted through a telephone conference with the consent of the alien involved after the alien has been advised of the right to proceed in person or through video conference.

(3)Presence of alien

If it is impracticable by reason of an alien’s mental incompetency for the alien to be present at the proceeding, the Attorney General shall prescribe safeguards to protect the rights and privileges of the alien.

(4)Alien’s rights in proceedingIn proceedings under this section, under regulations of the Attorney General—

(A)

the alien shall have the privilege of being represented, at no expense to the Government, by counsel of the alien’s choosing who is authorized to practice in such proceedings,

(B)

the alien shall have a reasonable opportunity to examine the evidence against the alien, to present evidence on the alien’s own behalf, and to cross-examine witnesses presented by the Government but these rights shall not entitle the alien to examine such national security information as the Government may proffer in opposition to the alien’s admission to the United States or to an application by the alien for discretionary relief under this chapter, and

(C)

a complete record shall be kept of all testimony and evidence produced at the proceeding.

(5)Consequences of failure to appear

(A)In general

Any alien who, after written notice required under paragraph (1) or (2) of section 1229(a) of this title has been provided to the alien or the alien’s counsel of record, does not attend a proceeding under this section, shall be ordered removed in absentia if the Service establishes by clear, unequivocal, and convincing evidence that the written notice was so provided and that the alien is removable (as defined in subsection (e)(2)). The written notice by the Attorney General shall be considered sufficient for purposes of this subparagraph if provided at the most recent address provided under section 1229(a)(1)(F) of this title.

(B)No notice if failure to provide address information

No written notice shall be required under subparagraph (A) if the alien has failed to provide the address required under section 1229(a)(1)(F) of this title.

(C)Rescission of orderSuch an order may be rescinded only—

(i)

upon a motion to reopen filed within 180 days after the date of the order of removal if the alien demonstrates that the failure to appear was because of exceptional circumstances (as defined in subsection (e)(1)), or

(ii)

upon a motion to reopen filed at any time if the alien demonstrates that the alien did not receive notice in accordance with paragraph (1) or (2) of section 1229(a) of this title or the alien demonstrates that the alien was in Federal or State custody and the failure to appear was through no fault of the alien.
The filing of the motion to reopen described in clause (i) or (ii) shall stay the removal of the alien pending disposition of the motion by the immigration judge.

(D)Effect on judicial review

Any petition for review under section 1252 of this title of an order entered in absentia under this paragraph shall (except in cases described in section 1252(b)(5) of this title) be confined to (i) the validity of the notice provided to the alien, (ii) the reasons for the alien’s not attending the proceeding, and (iii) whether or not the alien is removable.

(E)Additional application to certain aliens in contiguous territory

The preceding provisions of this paragraph shall apply to all aliens placed in proceedings under this section, including any alien who remains in a contiguous foreign territory pursuant to section 1225(b)(2)(C) of this title.

(6)Treatment of frivolous behaviorThe Attorney General shall, by regulation—

(A)

define in a proceeding before an immigration judge or before an appellate administrative body under this subchapter, frivolous behavior for which attorneys may be sanctioned,

(B)

specify the circumstances under which an administrative appeal of a decision or ruling will be considered frivolous and will be summarily dismissed, and

(C)

impose appropriate sanctions (which may include suspension and disbarment) in the case of frivolous behavior.
Nothing in this paragraph shall be construed as limiting the authority of the Attorney General to take actions with respect to inappropriate behavior.

(7)Limitation on discretionary relief for failure to appear

Any alien against whom a final order of removal is entered in absentia under this subsection and who, at the time of the notice described in paragraph (1) or (2) of section 1229(a) of this title, was provided oral notice, either in the alien’s native language or in another language the alien understands, of the time and place of the proceedings and of the consequences under this paragraph of failing, other than because of exceptional circumstances (as defined in subsection (e)(1)) to attend a proceeding under this section, shall not be eligible for relief under section 1229b, 1229c, 1255, 1258, or 1259 of this title for a period of 10 years after the date of the entry of the final order of removal.

(c)Decision and burden of proof

(1)Decision

(A)In general

At the conclusion of the proceeding the immigration judge shall decide whether an alien is removable from the United States. The determination of the immigration judge shall be based only on the evidence produced at the hearing.

(B)Certain medical decisions

If a medical officer or civil surgeon or board of medical officers has certified under section 1222(b) of this title that an alien has a disease, illness, or addiction which would make the alien inadmissible under paragraph (1) of section 1182(a) of this title, the decision of the immigration judge shall be based solely upon such certification.

(2)Burden on alienIn the proceeding the alien has the burden of establishing—

(A)

if the alien is an applicant for admission, that the alien is clearly and beyond doubt entitled to be admitted and is not inadmissible under section 1182 of this title; or

(B)

by clear and convincing evidence, that the alien is lawfully present in the United States pursuant to a prior admission.
In meeting the burden of proof under subparagraph (B), the alien shall have access to the alien’s visa or other entry document, if any, and any other records and documents, not considered by the Attorney General to be confidential, pertaining to the alien’s admission or presence in the United States.

(3)Burden on service in cases of deportable aliens

(A)In general

In the proceeding the Service has the burden of establishing by clear and convincing evidence that, in the case of an alien who has been admitted to the United States, the alien is deportable. No decision on deportability shall be valid unless it is based upon reasonable, substantial, and probative evidence.

(B)Proof of convictionsIn any proceeding under this chapter, any of the following documents or records (or a certified copy of such an official document or record) shall constitute proof of a criminal conviction:

(i)

An official record of judgment and conviction.

(ii)

An official record of plea, verdict, and sentence.

(iii)

A docket entry from court records that indicates the existence of the conviction.

(iv)

Official minutes of a court proceeding or a transcript of a court hearing in which the court takes notice of the existence of the conviction.

(v)

An abstract of a record of conviction prepared by the court in which the conviction was entered, or by a State official associated with the State’s repository of criminal justice records, that indicates the charge or section of law violated, the disposition of the case, the existence and date of conviction, and the sentence.

(vi)

Any document or record prepared by, or under the direction of, the court in which the conviction was entered that indicates the existence of a conviction.

(vii)

Any document or record attesting to the conviction that is maintained by an official of a State or Federal penal institution, which is the basis for that institution’s authority to assume custody of the individual named in the record.

(C)Electronic recordsIn any proceeding under this chapter, any record of conviction or abstract that has been submitted by electronic means to the Service from a State or court shall be admissible as evidence to prove a criminal conviction if it is—

(i)

certified by a State official associated with the State’s repository of criminal justice records as an official record from its repository or by a court official from the court in which the conviction was entered as an official record from its repository, and

(ii)

certified in writing by a Service official as having been received electronically from the State’s record repository or the court’s record repository.
A certification under clause (i) may be by means of a computer-generated signature and statement of authenticity.

(4)Applications for relief from removal

(A)In generalAn alien applying for relief or protection from removal has the burden of proof to establish that the alien—

(i)

satisfies the applicable eligibility requirements; and

(ii)

with respect to any form of relief that is granted in the exercise of discretion, that the alien merits a favorable exercise of discretion.

(B)Sustaining burden

The applicant must comply with the applicable requirements to submit information or documentation in support of the applicant’s application for relief or protection as provided by law or by regulation or in the instructions for the application form. In evaluating the testimony of the applicant or other witness in support of the application, the immigration judge will determine whether or not the testimony is credible, is persuasive, and refers to specific facts sufficient to demonstrate that the applicant has satisfied the applicant’s burden of proof. In determining whether the applicant has met such burden, the immigration judge shall weigh the credible testimony along with other evidence of record. Where the immigration judge determines that the applicant should provide evidence which corroborates otherwise credible testimony, such evidence must be provided unless the applicant demonstrates that the applicant does not have the evidence and cannot reasonably obtain the evidence.

(C)Credibility determination

Considering the totality of the circumstances, and all relevant factors, the immigration judge may base a credibility determination on the demeanor, candor, or responsiveness of the applicant or witness, the inherent plausibility of the applicant’s or witness’s account, the consistency between the applicant’s or witness’s written and oral statements (whenever made and whether or not under oath, and considering the circumstances under which the statements were made), the internal consistency of each such statement, the consistency of such statements with other evidence of record (including the reports of the Department of State on country conditions), and any inaccuracies or falsehoods in such statements, without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicant’s claim, or any other relevant factor. There is no presumption of credibility, however, if no adverse credibility determination is explicitly made, the applicant or witness shall have a rebuttable presumption of credibility on appeal.

(5)Notice

If the immigration judge decides that the alien is removable and orders the alien to be removed, the judge shall inform the alien of the right to appeal that decision and of the consequences for failure to depart under the order of removal, including civil and criminal penalties.

(6)Motions to reconsider

(A)In general

The alien may file one motion to reconsider a decision that the alien is removable from the United States.

(B)Deadline

The motion must be filed within 30 days of the date of entry of a final administrative order of removal.

(C)Contents

The motion shall specify the errors of law or fact in the previous order and shall be supported by pertinent authority.

(7)Motions to reopen

(A)In general

An alien may file one motion to reopen proceedings under this section, except that this limitation shall not apply so as to prevent the filing of one motion to reopen described in subparagraph (C)(iv).

(B)Contents

The motion to reopen shall state the new facts that will be proven at a hearing to be held if the motion is granted, and shall be supported by affidavits or other evidentiary material.

(C)Deadline

(i)In general

Except as provided in this subparagraph, the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal.

(ii)Asylum

There is no time limit on the filing of a motion to reopen if the basis of the motion is to apply for relief under sections [1] 1158 or 1231(b)(3) of this title and is based on changed country conditions arising in the country of nationality or the country to which removal has been ordered, if such evidence is material and was not available and would not have been discovered or presented at the previous proceeding.

(iii)Failure to appear

The filing of a motion to reopen an order entered pursuant to subsection (b)(5) is subject to the deadline specified in subparagraph (C) of such subsection.

(iv)Special rule for battered spouses, children, and parentsAny limitation under this section on the deadlines for filing such motions shall not apply—

(I)

if the basis for the motion is to apply for relief under clause (iii) or (iv) of section 1154(a)(1)(A) of this title, clause (ii) or (iii) of section 1154(a)(1)(B) of this title,,

1

section 1229b(b) of this title, or section 1254(a)(3) of this title (as in effect on March 31, 1997);

(II)

if the motion is accompanied by a cancellation of removal application to be filed with the Attorney General or by a copy of the self-petition that has been or will be filed with the Immigration and Naturalization Service upon the granting of the motion to reopen;

(III)

if the motion to reopen is filed within 1 year of the entry of the final order of removal, except that the Attorney General may, in the Attorney General’s discretion, waive this time limitation in the case of an alien who demonstrates extraordinary circumstances or extreme hardship to the alien’s child; and

(IV)

if the alien is physically present in the United States at the time of filing the motion.
 The filing of a motion to reopen under this clause shall only stay the removal of a qualified alien (as defined in section 1641(c)(1)(B) of this title[2] pending the final disposition of the motion, including exhaustion of all appeals if the motion establishes that the alien is a qualified alien.

(d)Stipulated removal

The Attorney General shall provide by regulation for the entry by an immigration judge of an order of removal stipulated to by the alien (or the alien’s representative) and the Service. A stipulated order shall constitute a conclusive determination of the alien’s removability from the United States.

(e)DefinitionsIn this section and section 1229b of this title:

(1)Exceptional circumstances

The term “exceptional circumstances” refers to exceptional circumstances (such as battery or extreme cruelty to the alien or any child or parent of the alien, serious illness of the alien, or serious illness or death of the spouse, child, or parent of the alien, but not including less compelling circumstances) beyond the control of the alien.

(2)RemovableThe term “removable” means—

(A)

in the case of an alien not admitted to the United States, that the alien is inadmissible undersection 1182 of this title, or

(B)

in the case of an alien admitted to the United States, that the alien is deportable under section 1227 of this title.
(June 27, 1952, ch. 477, title II, ch. 4, § 240, as added Pub. L. 104–208, div. C, title III, § 304(a)(3), Sept. 30, 1996, 110 Stat. 3009–589; amended Pub. L. 106–386, div. B, title V, § 1506(c)(1)(A), Oct. 28, 2000, 114 Stat. 1528; Pub. L. 109–13, div. B, title I, § 101(d), May 11, 2005, 119 Stat. 304; Pub. L. 109–162, title VIII, §§ 813(a)(1), 825(a), Jan. 5, 2006, 119 Stat. 3057, 3063.)

[1]  So in original.

[2]  So in original. A closing parenthesis probably should appear.

 

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Immigration

Immigration Law: An Overview

Federal immigration law determines whether a person is an alien, the rights, duties, and obligations associated with being an alien in the United States, and how aliens gain residence or citizenship within the United States. It also provides the means by which certain aliens can become legally naturalized citizens with full rights of citizenship. Immigration law serves as a gatekeeper for the nation’s border, determining who may enter, how long they may stay, and when they must leave.

Congress has complete authority over immigration. Presidential power does not extend beyond refugee policy. Except for questions regarding aliens’ constitutional rights, the courts have generally found the immigration issue as nonjusticiable.

States have limited legislative authority regarding immigration, and 28 U.S.C. § 1251 details the full extent of state jurisdiction. Generally, 28 U.S.C. § 994 details the federal sentencing guidelines for illegal entry into the country.

By controlling the visa process, the federal government can achieve the goals of its immigration policies.  There are two types of visas: immigrant visas and nonimmigrant visas. The government primarily issues nonimmigrant visas to tourists and temporary business visitors. The government divides nonimmigrant visas into eighteen different types, but for most types, does not impose a cap on the number that may be granted in a year. Only a few categories of non-immigrant visas allow their holders to work in the United States. Immigrant visas, on the other hand, permit their holders to stay in the United States permanently and eventually to apply for citizenship. Aliens with immigrant visas can also work in the United States. Congress limits the quantity of immigrant visas, which numbered 675,000 in 1995. Many immigrant visas remain subject to per-country caps.

Early history of American immigration law

Congress’s first attempt to set immigration policy came in 1790 with the enactment of the Naturalization Act of 1790.  This Act restricted naturalization to “free white persons” of “good moral character” and required the applicant to have lived in the country for two years prior to becoming naturalized.  In 1795 an amendmentincreased the residency requirement to five years.  The five-year requirement remains on the books to this day.

Upon ratification of the Fourteenth Amendment, all children born within the United States received citizenship at birth.  In 1870 Congress broadened naturalization laws to allow African-Americans the right to become naturalized citizens.  Asian Americans, however, did not receive such a right for many years.  Xenophobia from an influx of Asians between 1850 and 1882 prompted Congress to pass the Chinese Exclusion Act, which restricted further Chinese immigration.

In 1921 Congress passed the Emergency Immigration Act, creating national immigration quotas, which gave way to the Immigration Act of 1924, capping the number of permissible immigrants from each country in a manner proportional to the number already living within the United States.  The aggregate number from the eastern hemisphere could not eclipse 154,227 immigrants.  Franklin D. Roosevelt’s Administration essentially closed to the country to immigration essentially during the Great depression, drastically reducing the numbers per country that could enter the United States.

Modern immigration law

The Immigration and Nationality Act of 1952 (INA), also known as the McCarran-Walter Act, eliminated all race-based quotas, replacing them with purely nationality-based quotas.  The INA continues to influence the field of American immigration law.  To enforce the quotas, the INA created the Immigration and Naturalization Service (INS).  The INS served as the federal agency that enforced these caps for remainder of the 20th century.

When Congress passed the INA, it defined an “alien” as any person lacking citizenship or status as a national of the United States. Different categories of aliens include resident and nonresident, immigrant and nonimmigrant, and documented and undocumented (“illegal”). The terms “documented” and “undocumented” refer to whether an arriving alien has the proper records and identification for admission into the U.S.  Having the proper records and identification typically requires the alien to possess a valid, unexpired passport and either a visa, border crossing identification card, permanent resident card, or a reentry permit.  The INA expressly refuses stowaway aliens entry into the U.S.

The need to curtail illegal immigration prompted Congress to enact the Immigration Reform and Control Act (IRCA) of 1986. The IRCA toughened criminal sanctions for employers who hired illegal aliens, denied illegal aliens federally funded welfare benefits, and legitimized some aliens through an amnesty program. The Immigration Marriage Fraud Amendments of 1986 sought to limit the practice of marrying to obtain citizenship. The Immigration Act of 1990 thoroughly revamped the INA by equalizing the allocation of visas across foreign nations, eliminating archaic rules, and encouraging worldwide immigration.

The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996 revolutionized the process of alien entry into the United States.  The IIRIRA eliminated the term “entry,” replacing it with “admission.”  An application for admission occurs whenever an alien arrives in the U.S. regardless of whether the arrival occurs at a designated port-of-entry. Applicants at either designated ports or otherwise must submit to an inspection by U.S. customs, even if the applicant possesses an immigrant visa.  The IIRIRA also employs the term “arriving alien” to describe applicant aliens attempting to enter the U.S., regardless of whether they arrive at a designated port, a non-designated point on the border, or are located in U.S. waters and brought to shore.

Post-9/11 reform

On March 1, 2003, the Department of Homeland Security opened, replacing the INS.  The Bush Administration had designed the Department of Homeland Security to foster increased intelligence sharing and dialogue between agencies responsible for responding to domestic emergencies, such as natural disasters and domestic terrorism.  Within the Department, three different agencies – U.S. Customs and Border Enforcement (CBE), U.S. Citizenship and Immigration Services (USCIS), and U.S. Immigration and Customs Enforcement (ICE) – now handle the duties formerly held by the INS.  Currently, the CBE handles the INS’s border patrol duties, the USCIS handles the INS’s naturalization, asylum, and permanent residence functions, and the ICE handles the INS’s deportation, intelligence, and investigatory functions.

Refugee and asylum seekers

The Refugee Act of 1980 defines the U.S. laws relating to refugee immigrants.  Under the Refugee Act, the term “refugee” refers to aliens with a fear of persecution upon returning to their homelands, stemming from their religion, race, nationality, membership in certain social groups, or political opinions.  Anyone who delivers a missing American POW or MIA soldier receives refugee status from the United States.

The United States, however, denies refugee status to any alien who actively persecuted individuals of a certain race, political opinion, religion, nationality, or members of a certain social group.   As a matter of public policy, the government also typically refuses refugee applicants previously convicted of murderer.   For refugees who have “firmly resettled” in another country, the United States will deny a request for refugee admission.  The government considers refugees “firmly resettled” if the refugees have received an offer of citizenship, permanent residency, or some other permanent status from a foreign country.

Under international law, the Geneva Convention, or the laws of the United States, foreign citizens who have become disillusioned with their homeland cannot take temporary refuge within the United States.  The Refugee Act of 1980 specifically leaves out temporary refuge as a form of refugee status that the U.S. government will recognize.

To qualify for refugee status under the persecution provision, the refugee applicant must prove actual fear.  A proof of actual fear requires meeting both a subjective and an objective test.  The subjective test requires that the refugee actually have an honest and genuine fear of being persecuted for some immutable trait, such as religion, race, and nationality.  Seekers of asylum must show a fear that membership in a social or political group has caused past persecution or has caused a well-founded fear that persecution will occur upon returning.  The applicant meets the objective standard by showing credible and direct evidence that a reasonable possibility of persecution exists upon the applicant’s return to the homeland.

The President retains the ultimate decision making authority when determining the number of refugees to allow into the country during a given year.

Deportation

Deportation refers to the official removal of an alien from the United States.  The U.S. government can initiate deportation proceedings against aliens admitted under the INA that commit an aggravated felony within the United States after being admitted.  An alien’s failure to register a change of address renders the alien deportable, unless the failure resulted from an excusable circumstance or mistake.  If the government determines that a particular alien gained entry into the country through the use of a falsified document or otherwise fraudulent means, the government has the grounds to deport.

Other common grounds for deportation include the following: aiding or encouraging another alien to enter the country illegally; engaging in marriage fraud to gain U.S. admission; participating in an activity that threatens the U.S.’s national security; voting unlawfully; and failing to update the government with a residential address every three months, regardless of whether the address has changed.  The last of these policies served as the grounds for the government to deport 2,000 Pakistanis following the September 11th attacks.

If the government brings a proceeding for deportation because of fraud or falsification, the government bears the burden of proving by clear and convincing evidence that alleged falsification or fraud occurred and that the falsification or fraud proved material to the granting of admission to the alien.  Upon such a proof, the government has established a rebuttable presumption that the alien gained admission through material falsification or fraud.  To rebut the presumption, the alien must demonstrate by a preponderance of the evidence that admission would have been granted even without the falsification or fraud.

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Consequences of Overstaying on a Temporary U.S. Visa

Understand the three-and ten-year bars to returning to the U.S. after long periods of unlawful stay.

Staying past the expected departure date on your U.S. visa can carry some serious consequences. For example, your visa will be automatically voided, and you won’t be able to apply for a new visa at any consulate outside of your home country. In some cases, you may be barred from returning to the U.S. for a number of years, depending on how long you stayed and whether you fit into an exception or actually accrued “unlawful presence,” which is a separate definition under the law. We’ll look at this in more detail below.

How Long Did You Overstay?

First, let’s be clear on when you were expected to leave. This would be the date shown on your Form I-94 Arrival/Departure Record. That’s a different date from the expiration date of your visa, which is merely the last date upon which you could have used that document to enter the United States. So you’ll need to count forward from the date on your I-94.

If you entered the U.S. as a student, your I-94 will likely say “D/S,” for duration of status. That means your overstay begins when you stop studying or complying with the terms of your visa. However, for purposes of the time bars discussed in this article, the important issue is whether you actually accrued “unlawful presence,” which students don’t do unless an immigration official or judge has deemed them unlawfully present.

Did You Accrue Unlawful Presence?

It’s easier to define what unlawful presence isn’t than what it is. You won’t accrue unlawful presence for purposes of the three- and ten-year time bars described below if and when you:

  • were under the age of 18
  • had a bona fide pending asylum application on file with USCIS
  • were a beneficiary of the family unity program (for families of people who received green cards as farmworkers or under the amnesty program of the 1980s)
  • had a pending application for either adjustment of status (a green card), an extension of status, or a change of status
  • were a battered spouse or child who entered on a nonimmigrant visa and can show a connection between the abuse and the overstay
  • were a victim of trafficking who can show that the trafficking was at least one central reason for your unlawful presence, or
  • had received protection via Temporary Protected Status (TPS), Deferred Enforced Departure (DED), Deferred Action, or Withholding of Removal under the Convention Against Torture.

For anyone else who overstayed a visa, it’s likely that their unlawful presence time was adding up and can be held against them. And for people subject to the permanent bar, also described below, USCIS contends that these exceptions do not apply (though you would want to talk to a lawyer about this, as this is the subject of ongoing argument).

Time Bars for Accruing Unlawful Presence

There are three levels of penalties for overstaying a U.S. visa and accruing unlawful presence that can end with you being banned from the U.S. for a period of time — or permanently.

  • If you accrue unlawful presence of more than 180 continuous days but less than one year, but you leave before any official, formal removal procedures (i.e. deportation) are instituted against you, you will be barred from reentering the United States for a period of three years.
  • If you accrue unlawful presence of more than 365 continuous days, then leave prior to any deportation or other formal procedures being instituted against you, you will be subsequently barred from reentering the United States for a period of ten years.
  • If you accrue unlawful presence of more than one year total (in the aggregate, not necessarily continuous), or are ordered removed (deported) from the U.S., and subsequently attempt to enter without inspection (for example, attempt to sneak across the border), then you will be permanently barred from the U.S., with no waiver available except to VAWA self-petitioners. (After ten years, however, you can request special permission to apply for a U.S. visa or green card.)

It’s important to note that these consequences apply only if you depart the United States and attempt to return. In a few rare instances, people eligible for green cards can avoid the time bars by adjusting status within the U.S. — that is, submitting all their paperwork to USCIS and attending an interview within the United States.

However, not everyone is eligible to adjust status. For example, people who entered the U.S. illegally (without a visa or other lawful admission) cannot adjust status. Such people would, despite being technically eligible for a green card, have to apply for it through an overseas U.S. consulate, at which time the time bars could be applied, unles they qualify for a waiver based on extreme hardship to a qualifying U.S. relative. But there’s a way around this trap for some immediate relatives of U.S. citizens, if no other grounds of inadmissibility apply to them and they can prove extreme hardship to a U.S. citizen spouse or parent: They may be able to apply for a “provisional waiver” (also called the “stateside waiver”) from USCIS, and make sure it’s approved, before leaving for the U.S. consulate.

Eligibility for Waiver of the Three- and Ten-Year Bars

The waiver applies to intending immigrants who can demonstrate that if the waiver and visa are not granted, their U.S. citizen or lawful permanent resident spouse or parents would suffer extreme hardship. But extreme hardship can be difficult to prove — it means more than the hardship that any family member would feel upon facing separation due to denial of a visa. Medical, financial, educational, and other factors are taken into account.

Getting Help

If you have overstayed your visa, and wish to remain in the U.S. legally or return here in the future, or to apply for a waiver, you should definitely consult with a qualified immigration lawyer as soon as possible. Your lawyer can evaluate how much unlawful presence you have accrued and explain any possible options for dealing with your visa overstay.

http://www.alllaw.com/articles/nolo/us-immigration/consequences-of-overstaying-on-temporary-visa.html

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