First the DHS is 'Clueless' about how many are here without papers:
The Department of Homeland Security (DHS) only takes action against a “small portion” of foreigners who overstay their visa—like several of the 9/11 terrorists—and allows hundreds of thousands to enter the United States without proper authorization under a provision that already relaxes scrutiny for dozens of countries.
It gets better. When congressional investigators demanded answers from the agency, officials said they had not yet completed a review of the cases to determine the extent of the risk. Your government at work! It’s as if nothing has been learned from the 2001 terrorist attacks, when security was so lax that Middle Eastern extremists slipped right through to plan their plot from inside the country.
Outlined in an investigative congressional report, these lapses are of special concern. The first involves foreigners who enter the U.S. from 36 countries that have special visa waiver agreements with Uncle Sam. They still need authorization, though the system is more lax than a typical visa process. Foreigners must comply with a special DHS Electronic System for Travel Authorization (ESTA) that requires them to submit biographical information and answer eligibility questions before traveling.
Unlawful Presence
WHAT IS UNLAWFUL PRESENCE?
Unlawful presence (ULP) is defined as presence after the expiration of the period of stay authorized by the Department of Homeland Security, or any presence without being admitted or paroled.
WHAT TRIGGERS UNLAWFUL PRESENCE?
- An individual who is present in the U.S. without inspection accrues ULP from the date of the unlawful arrival, unless she is otherwise protected from the accrual of ULP.
- Similarly, an individual paroled into the U.S. will accumulate ULP once the parole is no longer in effect, unless she is otherwise protected from the accrual of ULP.
- Note that an individual who obtained permission to come into the U.S. by making a knowingly false claim to U.S. citizenship has not been inspected and admitted, and thus accrues ULP from the date of arrival.
- The authorized period of stay is normally either noted on the I-94, or created by statute or by USCIS policy.
In its quest to implement stealth amnesty, the Obama Administration is working behind the scenes to halt the deportation of certain illegal immigrants by granting them “unlawful presence waivers.”
The new measure would apply to illegal aliens who are relatives of American citizens. Here is how it would work, according to a Department of Homeland Security (DHS) announcement posted in today’s Federal Register, the daily journal of the U.S. government; the agency will grant “unlawful presence waivers” to illegal aliens who can prove they have a relative that’s a U.S. citizen.
Currently such aliens must return to their native country and request a waiver of inadmissibility in an existing overseas immigrant visa process. In other words, they must enter the U.S. legally as thousands of foreigners do on a yearly basis. Besides the obvious security issues, changing this would be like rewarding bad behavior in a child. It doesn’t make sense.
But the system often causes U.S. citizens to be separated for extended periods from their immediate relatives,” according to the DHS. The proposed changes, first announced in January, will significantly reduce the length of time U.S. citizens are separated from their loved ones while required to remain outside the United States during the current visa processing system.
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