As you follow the debate over the Bush-Kennedy immigration bill, keep this cardinal rule in mind: 99.99 percent of the lawmakers who promise you that they'll ensure the deportation of anyone who doesn't follow their new "guest-worker" regulations are either A) lying or B) completely clueless.
Rule No. 2: Anyone who plays the Enforcement equals Kicking-Down-Doors-And-Depriving-Babies-of-Mother's-Milk card (yes, that's you, Geraldo Rivera) is either A) lying or B) completely clueless.
As I've reported many times over the last several years, the nation's deportation abyss is governed by one reality: "It ain't over 'til the alien wins." Immigration lawyers and ethnic activists run a massive, lucrative industry whose sole objective is to help illegal aliens and convicted criminal visa holders evade deportation for as long as possible. Entry into this country should be a privilege, not a right. The open borders lobby has turned that principle on its head.
Look no further than New York, where four convicted criminal aliens -- a child molester, two killers and a racketeer -- just won a federal lawsuit to remain in the country after all being ordered deported. The stunning decision from the Second Circuit Court of Appeals, Blake v. Carbone, came down on June 1 as the shamnesty debate was bubbling in Washington. The ruling, which hinges on convoluted due process arguments, will greatly expand the number of criminal aliens convicted of certain aggravated felonies who can now receive relief from deportation. This is happening despite the passage of two federal immigration reform laws in 1996 severely restricting deportation waivers for criminal aliens convicted of aggravated felonies.
The lead winning plaintiff, Leroy Blake, is a Jamaican national convicted of first-degree sexual abuse of a minor in 1992. The feds began deportation proceedings in 1999. An immigration judge ruled Blake deportable in 2000. Blake took his case to the federal Board of Immigration Appeals, which remanded the case back to the immigration judge, who granted him relief from deportation. The then-INS appealed the judge's ruling. In 2005, the Board of Immigration Appeals sided with the INS and ordered Blake removed from the U.S. Blake filed a motion to reconsider, then took his case to the Second Circuit.
The other plaintiffs who've successfully gamed the system include:
Aundre Singh, a native of Guyana, who was convicted of second-degree murder in 1986. In 1997, the then-INS moved to deport him. In 1998, an immigration judge ordered him deported. In 1999, the Board of Immigration Appeals dismissed Singh's appeal. In 2003, Singh filed a motion to reconsider, which the appeals board denied. Singh filed for reconsideration of that ruling, which was denied in 2004. Singh tried again to appeal the board's ruling in 2005 and was denied again before heading to the Second Circuit for relief.
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