Tuesday, August 31, 2021

Is Biden's Plan a Five-Year Path to Citizenship for Every Illegal Migrant?

In an August 18 post, I explained that the Biden administration is proposing to implement a poorly thought-out plan from the Migration Policy Institute to give asylum officers in USCIS power to adjudicate illegal migrants' asylum claims - authority they don't have now.

Under its plan, illegal migrants who have been denied asylum by AOs can still have their decisions reviewed by IJs, then the BIA, then on petitions for review by the circuit courts, and then on petitions for writ of certiorari to the Supreme Court.

Under section 209(b) of the INA, aliens can apply for green cards one year after they are granted asylum, and by regulation grants are backdated one year from the date they are approved.

So five years after the date on their green cards, they can apply for U.S. citizenship under section 316 of the INA. That means that all those migrants quickly granted asylum by AOs under the Biden administration's plan will be on a five-year path to citizenship, and the ability to immigrate their extended family members to the United States.

The Biden plan could - and likely will - get much, much worse, because the Biden administration has signaled that it also wants to significantly expand asylum eligibility.

That would change quickly if, as it appears the Biden administration is planning, currently limited asylum eligibility were massively expanded and hundreds of thousands of illegal migrants were granted asylum rapidly each month, placed on a five-year path to citizenship, and put in direct competition for jobs with the currently unemployed.

Stein's Law states that: "If something cannot go on forever it will stop." The unsustainable level of illegal immigration that boundless asylum eligibility would create would thus end asylum in this country.

 

https://cis.org/Arthur/Bidens-Plan-FiveYear-Path-Citizenship-Every-Illegal-Migrant 

No comments: