Posts Tagged ‘Illegals’
(a) Classes of aliens ineligible for visas or admissionExcept as otherwise provided in this chapter, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
For provision authorizing waiver of certain clauses of subparagraph (A), see subsection (g).
Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or more is inadmissible.
For provision authorizing waiver of certain subparagraphs of this paragraph, see subsection (h).
Any alien who, while serving as a foreign government official, was responsible for or directly carried out, at any time, particularly severe violations of religious freedom, as defined in section 6402 of title 22, is inadmissible.
Any alien who commits or conspires to commit human trafficking offenses in the United States or outside the United States, or who the consular officer, the Secretary of Homeland Security, the Secretary of State, or the Attorney General knows or has reason to believe is or has been a knowing aider, abettor, assister, conspirator, or colluder with such a trafficker in severe forms of trafficking in persons, as defined in the section 7102 of title 22, is inadmissible.
Except as provided in clause (iii), any alien who the consular officer or the Attorney General knows or has reason to believe is the spouse, son, or daughter of an alien inadmissible under clause (i), has, within the previous 5 years, obtained any financial or other benefit from the illicit activity of that alien, and knew or reasonably should have known that the financial or other benefit was the product of such illicit activity, is inadmissible.
As used in this paragraph, the term “representative” includes an officer, official, or spokesman of an organization, and any person who directs, counsels, commands, or induces an organization or its members to engage in terrorist activity.
An alien whose entry or proposed 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 inadmissible.
An alien who is an official of a foreign government or a purported government, or who is a candidate for election to a foreign government office during the period immediately preceding the election for that office, shall not be excludable or subject to restrictions or conditions on entry into the United States under clause (i) solely because of the alien’s past, current, or expected beliefs, statements, or associations, if such beliefs, statements, or associations would be lawful within the United States.
An alien, not described in clause (ii), shall not be excludable or subject to restrictions or conditions on entry into the United States under clause (i) because of the alien’s past, current, or expected beliefs, statements, or associations, if such beliefs, statements, or associations would be lawful within the United States, unless the Secretary of State personally determines that the alien’s admission would compromise a compelling United States foreign policy interest.
If a determination is made under clause (iii) with respect to an alien, the Secretary of State must notify on a timely basis the chairmen of the Committees on the Judiciary and Foreign Affairs of the House of Representatives and of the Committees on the Judiciary and Foreign Relations of the Senate of the identity of the alien and the reasons for the determination.
Any immigrant who is or has been a member of or affiliated with the Communist or any other totalitarian party (or subdivision or affiliate thereof), domestic or foreign, is inadmissible.
Clause (i) shall not apply to an alien because of membership or affiliation if the alien establishes to the satisfaction of the consular officer when applying for a visa (or to the satisfaction of the Attorney General when applying for admission) that the membership or affiliation is or was involuntary, or is or was solely when under 16 years of age, by operation of law, or for purposes of obtaining employment, food rations, or other essentials of living and whether necessary for such purposes.
The Attorney General may, in the Attorney General’s discretion, waive the application of clause (i) in the case of an immigrant who is the parent, spouse, son, daughter, brother, or sister of a citizen of the United States or a spouse, son, or daughter of an alien lawfully admitted for permanent residence for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest if the immigrant is not a threat to the security of the United States.
Any alien who ordered, incited, assisted, or otherwise participated in genocide, as defined in section 1091(a) of title 18, is inadmissible.
Any alien who the Secretary of State, after consultation with the Attorney General, or the Attorney General, after consultation with the Secretary of State, determines has been associated with a terrorist organization and intends while in the United States to engage solely, principally, or incidentally in activities that could endanger the welfare, safety, or security of the United States is inadmissible.
Any alien who has engaged in the recruitment or use of child soldiers in violation of section 2442 of title 18 is inadmissible.
Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is inadmissible.
Any alien who seeks admission or adjustment of status under a visa number issued under section 1153(b) of this title by virtue of a classification petition filed by a relative of the alien (or by an entity in which such relative has a significant ownership interest) is inadmissible under this paragraph unless such relative has executed an affidavit of support described in section 1183a of this title with respect to such alien.
A certification made under clause (i) with respect to a professional athlete shall remain valid with respect to the athlete after the athlete changes employer, if the new employer is a team in the same sport as the team which employed the athlete when the athlete first applied for the certification.
A certification made under clause (i) with respect to an individual whose petition is covered by section 1154(j) of this title shall remain valid with respect to a new job accepted by the individual after the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the certification was issued.
An alien who is a graduate of a medical school not accredited by a body or bodies approved for the purpose by the Secretary of Education (regardless of whether such school of medicine is in the United States) and who is coming to the United States principally to perform services as a member of the medical profession is inadmissible, unless the alien (i) has passed parts I and II of the National Board of Medical Examiners Examination (or an equivalent examination as determined by the Secretary of Health and Human Services) and (ii) is competent in oral and written English. For purposes of the previous sentence, an alien who is a graduate of a medical school shall be considered to have passed parts I and II of the National Board of Medical Examiners if the alien was fully and permanently licensed to practice medicine in a State on January 9, 1978, and was practicing medicine in a State on that date.
The grounds for inadmissibility of aliens under subparagraphs (A) and (B) shall apply to immigrants seeking admission or adjustment of status under paragraph (2) or (3) of section 1153(b) of this title.
An alien present in the United States without being admitted or paroled, or who arrives in the United States at any time or place other than as designated by the Attorney General, is inadmissible.
Any alien who without reasonable cause fails or refuses to attend or remain in attendance at a proceeding to determine the alien’s inadmissibility or deportability and who seeks admission to the United States within 5 years of such alien’s subsequent departure or removal is inadmissible.
Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this chapter is inadmissible.
Any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under this chapter (including section 1324a of this title) or any other Federal or State law is inadmissible.
In the case of an alien making a representation described in subclause (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 inadmissible under any provision of this subsection based on such representation.
Any alien who at any time 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 inadmissible.
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.
An alien who is the subject of a final order for violation of section 1324c of this title is inadmissible.
An alien who obtains the status of a nonimmigrant under section 1101(a)(15)(F)(i) of this title and who violates a term or condition of such status under section 1184(l)  of this title is inadmissible until the alien has been outside the United States for a continuous period of 5 years after the date of the violation.
For provision authorizing waiver of clause (i), see subsection (d)(4).
For provision authorizing waiver of clause (i) in the case of visitors to Guam or the Commonwealth of the Northern Mariana Islands, see subsection (l).
For authority to waive the requirement of clause (i) under a program, see section 1187 of this title.
Any person who has departed from or who has remained outside the United States to avoid or evade training or service in the armed forces in time of war or a period declared by the President to be a national emergency is inadmissible, except that this subparagraph shall not apply to an alien who at the time of such departure was a nonimmigrant and who is seeking to reenter the United States as a nonimmigrant.
Any alien who has been ordered removed under section 1225(b)(1) of this title or at the end of proceedings under section 1229a of this title initiated upon the alien’s arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible.
Clauses (i) and (ii) shall not apply to an alien seeking admission within a period if, prior to the date of the alien’s reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory, the Attorney General has consented to the alien’s reapplying for admission.
For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (i).
No period of time in which an alien has a bona fide application for asylum pending under section 1158 of this title shall be taken into account in determining the period of unlawful presence in the United States under clause (i) unless the alien during such period was employed without authorization in the United States.
No period of time in which the alien is a beneficiary of family unity protection pursuant to section 301 of the Immigration Act of 1990 shall be taken into account in determining the period of unlawful presence in the United States under clause (i).
Clause (i) shall not apply to an alien who would be described in paragraph (6)(A)(ii) if “violation of the terms of the alien’s nonimmigrant visa” were substituted for “unlawful entry into the United States” in subclause (III) of that paragraph.
Clause (i) shall not apply to an alien who demonstrates that the severe form of trafficking (as that term is defined in section 7102 of title 22) was at least one central reason for the alien’s unlawful presence in the United States.
The Attorney General has sole discretion to waive clause (i) in the case of an immigrant who is the spouse or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien. No court shall have jurisdiction to review a decision or action by the Attorney General regarding a waiver under this clause.
Clause (i) shall not apply to an alien seeking admission more than 10 years after the date of the alien’s last departure from the United States if, prior to the alien’s reembarkation at a place outside the United States or attempt to be readmitted from a foreign contiguous territory, the Secretary of Homeland Security has consented to the alien’s reapplying for admission.
Any immigrant who is coming to the United States to practice polygamy is inadmissible.
Except as provided in clause (ii), any alien who, after entry of an order by a court in the United States granting custody to a person of a United States citizen child who detains or retains the child, or withholds custody of the child, outside the United States from the person granted custody by that order, is inadmissible until the child is surrendered to the person granted custody by that order.
Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is inadmissible.
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 inadmissible under any provision of this subsection based on such violation.
Any alien who is a former citizen of the United States who officially renounces United States citizenship and who is determined by the Attorney General to have renounced United States citizenship for the purpose of avoiding taxation by the United States is inadmissible.
No person admitted under section 1101(a)(15)(J) of this title or acquiring such status after admission (i) whose participation in the program for which he came to the United States was financed in whole or in part, directly or indirectly, by an agency of the Government of the United States or by the government of the country of his nationality or his last residence, (ii) who at the time of admission or acquisition of status under section 1101(a)(15)(J) of this title was a national or resident of a country which the Director of the United States Information Agency, pursuant to regulations prescribed by him, had designated as clearly requiring the services of persons engaged in the field of specialized knowledge or skill in which the alien was engaged, or (iii) who came to the United States or acquired such status in order to receive graduate medical education or training, shall be eligible to apply for an immigrant visa, or for permanent residence, or for a nonimmigrant visa under section 1101(a)(15)(H) or section 1101(a)(15)(L) of this title until it is established that such person has resided and been physically present in the country of his nationality or his last residence for an aggregate of at least two years following departure from the United States: Provided, That upon the favorable recommendation of the Director, pursuant to the request of an interested United States Government agency (or, in the case of an alien described in clause (iii), pursuant to the request of a State Department of Public Health, or its equivalent), or of the Commissioner of Immigration and Naturalization after he has determined that departure from the United States would impose exceptional hardship upon the alien’s spouse or child (if such spouse or child is a citizen of the United States or a lawfully resident alien), or that the alien cannot return to the country of his nationality or last residence because he would be subject to persecution on account of race, religion, or political opinion, the Attorney General may waive the requirement of such two-year foreign residence abroad in the case of any alien whose admission to the United States is found by the Attorney General to be in the public interest except that in the case of a waiver requested by a State Department of Public Health, or its equivalent, or in the case of a waiver requested by an interested United States Government agency on behalf of an alien described in clause (iii), the waiver shall be subject to the requirements of section 1184(l) of this title: And provided further, That, except in the case of an alien described in clause (iii), the Attorney General may, upon the favorable recommendation of the Director, waive such two-year foreign residence requirement in any case in which the foreign country of the alien’s nationality or last residence has furnished the Director a statement in writing that it has no objection to such waiver in the case of such alien.
Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate. Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline.
Mothers Against Drunk Driving (MADD) is refusing to fight to prevent the Senate “Gang of Eight” from allowing illegal aliens convicted of drunk driving from being granted legalized status, or amnesty.
When Judicial Watch asked a MADD spokesperson if they would stand up against provisions in the bill that allow illegal aliens convicted of drunk driving to get amnesty, and therefore keep driving on America’s roads, that spokesperson simply responded that MADD “doesn’t get involved in immigration matters.”
Judicial Watch president Tom Fitton told Breitbart News that MADD’s refusal to fight against convicted drunk drivers here is ludicrous. “We know already that Obama is releasing criminal illegal aliens onto the streets,” Fitton said in an email. “This new amnesty will further harm the public safety. In many states, a misdemeanor results in a citizen losing the right to vote. Yet under this amnesty bill, a ‘misdemeanor’ won’t stop an illegal alien from getting legal status and citizenship.”
As Watchdogwire’s Marinka Peschmann detailed in an early June article, there are provisions in the Gang of Eight bill that allow drunk driver illegal aliens to get amnesty.
“On page 608 drunk drivers are welcome too if they have only been busted three times before the Gang of Eight’s bill is enacted,” Peschmann wrote, before citing the specific section of the bill text.
“‘(J) HABITUAL DRUNK DRIVERS.—An alien convicted of 3 or more offenses on separate dates, at least 1 of which occurred after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act, related to driving under the influence or driving while intoxicated is inadmissible.’’
As Judicial Watch noted in its piece, an illegal alien in New Jersey this weekend was allegedly driving drunk and killed a man and injured his two sons with his car. “The illegal alien, Manuel Gutierrez Vazquez, did not have a valid driver’s license yet had been arrested a few weeks earlier for driving drunk in another state, according to a local news report,” Judicial Watch wrote, citing a piece from NJ.com.
A GOP senate aide told Breitbart News, too, that this provision has the potential to be even more deadly to Americans as more examples like this will likely continue happening. “One of the more astonishing features of this bill is that it provides citizenship (and immediate legal status) to illegal alien drunk drivers with criminal records – these are individuals who illegally entered the country, illegally operated motor vehicles, illegally drove that vehicle while intoxicated, and then illegally remained in the country hoping for passage of the Senate amnesty bill,” the aide said in an email. “This will almost certainly lead to avoidable loss of life.”
In addition to those concerns, law enforcement officers have expresses concerns over all the handouts for convicted criminal illegal aliens in the bill. Specifically, for instance, while testifying before the House Judiciary Committee recently, Immigration and Customs Enforcement (ICE) National Council president Chris Crane said that the Senate Gang of Eight bill “reflects an absence of law enforcement input.”
Crane, an ICE agent himself and a former marine, said the reason the Senate bill reflects the lack of law enforcement input is because “it contains no tangible plan for border security and for the most part ignores interior enforcement altogether, while simultaneously creating a path to citizenship for members of criminal street gangs as well as a majority of criminal aliens currently residing in the United States illegally.”
“In short, we are shocked by the lack of border security and interior enforcement measures as well as the level of criminality permitted by the Gang of Eight legislation,” Crane said.
A MADD spokesperson did not immediately respond to Breitbart News’ request for comment. But MADD’s website states it “is the nation’s largest nonprofit working to protect families from drunk driving.”
The Senate immigration bill’s authors acknowledged Tuesday that their legislation does not require illegal immigrants to pay all back taxes, saying it would be too difficult to make them ante up everything they might owe.
Sen. Charles E. Schumer, the New York Democrat who is chief sponsor of the bill, said illegal immigrants by definition are living in the shadows, and requiring them to reconstruct their pay history could be tough — and potentially keep many of them from legalization.
“We all realize that the system is broken. We all realize that people did wrong things. And the goal is to set this right by letting those in the shadows come out,” Mr. Schumer said Tuesday as the Judiciary Committee plowed through more amendments to the 867-page immigration bill. “The worry I have here is that by being as rigid … as this amendment is, that it will delay and prevent many, many people from coming out of the shadows.”
The issue of back taxes is an emotionally charged part of the current immigration debate.
Mr. Schumer and the other members of the bipartisan “Gang of Eight” who wrote the immigration bill have said the legislation requires illegal immigrants to pay “a fine and back taxes,” and that is true — up to a point.
The bill says that before illegal immigrants can apply for initial legal status, they must have “satisfied any applicable federal tax liability.” That is defined as “all federal income taxes assessed.”
The problem is that the IRS will only have assessed taxes on work it knows about. At least half of all illegal immigrants work off the books, meaning their wages never came to the tax agency’s attention, and the illegal immigrants didn’t pay taxes on it.
Sen. Mike Lee, Utah Republican who is not part of the Gang of Eight, said that’s not good enough. He offered an amendment Tuesday that would have required illegal immigrants to prove that they don’t have any tax liabilities.
“If an immigrant has worked illegally in the United States for 10 years and the IRS has no tax records for that immigrant, then this bill would, by my reading, not require the immigrant to pay any back taxes,” Mr. Lee said.
His amendment was defeated on a voice vote.
Mr. Schumer said he agreed with the intent of the amendment, but said “the difficulty is when you get below the 10,000-foot concept to the reality.”
He said part of being an illegal worker meant not keeping records, and he didn’t see a way to make illegal immigrants go about recreating those work records.
Mr. Schumer said requiring all back taxes to be paid could prevent as many as 5 million illegal immigrants from getting legal status.
And one wonders why there is a problem w/illegals? He’s been arrested before for thefts & robberies. Now there is someone I’d love to have as a member of my country.
An illegal immigrant has gone on the rampage with a pickaxe in the Italian city of Milan, killing a passer-by and wounding four others, police say.
A suspect has been arrested and named as Mada Kabobo, a 21-year-old Ghanaian.
A 40-year-old man was killed in the attack in a northern suburb of the city. Two of the four people injured are said to be in a critical state.
Correspondents the incident has revived a long-running debate over illegal immigrants in Italy.
Milan is located in Lombardy, where the Northern League party is calling for tougher policies on immigration.
The motive for Saturday morning’s attack remains unclear.
Police say Mr Kabobo was in the country illegally, and had previously been arrested over a variety of alleged offences including theft and robbery.
Illegal immigrants can get food stamps on behalf of their eligible kids — without having to disclose their immigration status, according to documents uncovered by Judicial Watch.
The food-stamps offer is spelled out in a Spanish language flyer provided by the United States Department of Agriculture to the Mexican Embassy.
Judicial Watch said the flyer proves that the USDA is making “no effort to restrict aid to, identify, or apprehend illegal immigrants who may be on the food stamp rolls.’’
The flyer, part of the USDA’s Supplemental Nutrition Assistance Program, or SNAP, was made public in response to a Freedom of Information Act request made by Judicial Watch last July.
According to Judicial Watch, part of the statement, translated into English, emphasizes in bold and underlined words, “You need not divulge information regarding your immigration status in seeking this benefit for your children.”
A USDA spokesperson insisted to the Daily Caller that illegal immigrants remain ineligible for food stamps.
“Non-citizens who are unlawfully present, are not, nor have they ever been, eligible to receive Supplemental Nutrition Assistance Program benefits,” the spokesperson said when presented with the flyer.