DHS Shuts Big Loophole to Deter Illegal-Immigrant Students, Workers
Connect with us


DHS Shuts Big Loophole to Deter Illegal-Immigrant Students, Workers

Federal officials are closing a little-known loophole in immigration law which allows millions of foreigners to dodge penalties for overstaying their student or seasonal-work visas.

The prior 1997 rules did not start counting the length of a person’s overstay until a federal enforcement agency first formally recognized that the person had not gone home on time.

The new rules clearly say the overstay clock will start when a foreign student’s course is complete, or when a foreign employee’s seasonal work-permit expires.

The new policy is important because it shows foreigners the penalty they will get for breaking the overstay rules — and it provides a clear mechanism for immigration officials to prove the penalty is proper.

Under current law, once the overstay count reaches 180 days, the overstaying person is punished by getting locked out of the United States for the subsequent three years or ten years, or permanently. The penalties are written into federal law, making them easy to impose, easy to enforce and very difficult to avoid — and very painful for people who want to keep ties to business or family in the United States.

The new counting rule comes as immigration agencies test improved face-recognition technology to register the arrival and departure of visitors. That technology will also help highlight data showing when visitors are overstaying their visas.

A statement from the Department of Homeland Security’s U.S. Citizenship and Immigration Services agency said:

“USCIS is dedicated to our mission of ensuring the integrity of the immigration system. F [student], J [summer workers], and M [vocational-school student] nonimmigrants are admitted to the United States for a specific purpose, and when that purpose has ended, we expect them to depart, or to obtain another, lawful immigration status,” said USCIS Director L. Francis Cissna. “The message is clear: These nonimmigrants cannot overstay their periods of admission or violate the terms of admission and stay illegally in the U.S. anymore.”

The new rule, which begins in August, is just one of many ways in which President Donald Trump’s deputies are closing loopholes which have been cut in the nation’s immigration laws since the 1980s.

Those loopholes have been created by Congress, the courts, regulations, and bureaucrats, often as new “human rights,” and usually without recognition by the media or by voters that their overall migration laws are being changed. The resulting complexity of immigration law baffles voters, but can easily be exploited by companies and immigration lawyers.

Collectively, these loopholes have helped create a domestic population of roughly 11 million illegals, roughly half of who are overstays. Roughy 544,000 foreigners were overstaying their visas in January 2016, according to a 2017 agency report. Many of these overstays later departed, but some remain working as illegals, and some got an “Adjustment of Status” to be legal immigrants.

The exceptions to immigration laws also permit at least 330,000 foreign “students” to work full-time in the United States, provide work-permits to a resident population of more than 1.5 million foreign guest-workers.

Other loopholes also leave the United States with a population of several hundred thousand migrants who are very likely to lose their asylum cases, roughly 1 million people who have been ordered out of the country, including many people convicted in the United States of violent crimes. Other loopholes also allow employers to hire illegals via subcontractors, or excuse them if they ignore obvious gaps in job-applicants’ cover story, and allow Democrats to create so-called “sanctuary city” which hinder deportation efforts.

In recent weeks, Trump’s deputies have worked to close several other loopholes, include the Flores loophole used by migrants trying to win a “catch and release” document, the Supreme Court’s Zadvydas loophole which allows criminal migrants to stay if their home-country won’t take them back, the cheap-labor loophole in the H-1B program, the outsourcing loophole in the H-1B program, the off-site loophole in the “Optional Practical Training” program, the sub-contractor loophole in corporate hiring, and the various gang-and-violence loopholes created by asylum judges.

Cheap-labor legislators in Congress, progressive judges, and self-serving business groups try to create new loopholes and defend existing loopholes in the nation’s immigration law. They push for loopholes even though the nation accepts 1 million new legal immigrants per year, and despite many polls showing the public prefers policies which allow Americans to get good jobs before companies are allowed to import more foreign workers.

For example, immigration lawyers want to knock down the new overstay clock rule:

Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

News46 mins ago

Trump Ordered DOJ to Investigate Claims of Spying on His Campaign — Now, They’re Responding

News1 hour ago

Hillary Clinton Jabs Trump and Declares She’s ‘Not Over’ Losing the Election During Yale Law Speech

News2 hours ago

Last week, reports indicated Stefan Halper, a Cambridge professor and longtime aide to some of Washington’s most powerful figures, was outed as an FBI informant planted inside Donald Trump’s 2016 presidential campaign. The New York Post writes: Halper made his first overture when he met with Page at a British symposium. The two remained in regular contact for more than a year, meeting at Halper’s Virginia farm and in Washington, DC, as well as exchanging emails. The professor met with Trump campaign co-chair Sam Clovis in late August, offering his services as a foreign-policy adviser, The Washington Post reported Friday, without naming the academic. … Days later, Halper contacted Papadopoulos by e-mail. The professor offered the young and inexperienced campaign aide $3,000 and an all-expenses-paid trip to London, ostensibly to write a paper about energy in the eastern Mediterranean region. Here are a few fast facts about Halper’s history in politics. Got His Start in Nixon/Ford Years The Stanford and Oxford-educated Halper started his career in government in 1971 as a member of President Richard Nixon’s Domestic Policy Council. The foreign policy expert served as the Office of Management and Budget’s Assistant Director of Management and Evaluation Division between 1973-1974. Halper then served as an assistant to all three of President Gerald Ford’s Chief of Staffs — Alexander Haig, Donald Rumsfeld, and Dick Cheney — until 1977. Accused of Leading a Spy Ring Inside Jimmy Carter’s Presidential Campaign The Reagan-Bush presidential campaign hired Halper to serve as Director of Policy Coordination in 1980 and would later be embroiled in the Debategate affair, a scandal in which CIA operatives were accused of leaking the Carter campaign’s foreign policy positions to the Republican ticket. The Intercept’s Glenn Greenwald reports: Four decades ago, Halper was responsible for a long-forgotten spying scandal involving the 1980 election, in which the Reagan campaign – using CIA officials managed by Halper, reportedly under the direction of former CIA Director and then-Vice-Presidential candidate George H.W. Bush – got caught running a spying operation from inside the Carter administration. The plot involved CIA operatives passing classified information about Carter’s foreign policy to Reagan campaign officials in order to ensure the Reagan campaign knew of any foreign policy decisions that Carter was considering. Halper also worked as Deputy Assistant Secretary of State for Political-Military Affairs during President Ronald Reagan’s first term. Had a Stint as a Bank Executive In 1984, Halper was chairman of three financial institutions — National Bank of Northern Virginia, Palmer National Bank, and George Washington National Bank. White House official Oliver North wired loaned funds from the Palmer National Bank to a Swiss bank account, which were later used to aid the contras. Believed Hillary Clinton Would Be a Better Steward for U.S.-UK Relations In March 2016, Halper told Russia’s Sputnik News that he believed then-Democratic presidential nominee Hillary Clinton would prove to be a steadier hand in preserving the “special relationship” enjoyed by the United States and Britain. “I believe Clinton would be best for US-UK relations and for relations with the European Union. Clinton is well-known, deeply experienced and predictable. US-UK relations will remain steady regardless of the winner although Clinton will be less disruptive over time,” Halper said.

News3 hours ago

Who Is Stefan Halper? Meet the ‘FBI Informant’ Inside Trump’s 2016 Campaign

News3 hours ago

GOP Sets Fundraising Record in April as Democrat Money Woes Extend into Midterms