http://www.nypost.com/seven/06172007/po ... malkin.htm

SILENT AMNESTY

Michelle Malkin

June 17, 2007 -- 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 here after all being ordered deported.

The stunning decision June 1 from the Second Circuit Court of Appeals, Blake v. Carbone will greatly expand the number of criminal aliens convicted of certain aggravated felonies who can now receive relief from deportation.

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 judge, who granted him relief from deportation. The Immigration and Naturalization Service (INS) appealed the judge's ruling. In 2005, the Board of Immigration Appeals sided with the INS and ordered Blake removed from the country. 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, was convicted of second-degree murder in 1986. In 1997, the 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. He tried again to appeal the board's ruling in 2005 and was denied again before heading to the Second Circuit for relief.

* Errol Foster, a Jamaican national, killed a man with a pistol in 1990. He pleaded guilty to first-degree manslaughter and got out of prison in 2002. The feds began deportation proceedings while he was still in custody. A judge ordered his removal in 2000, which Foster appealed. The Board of Immigration Appeals rejected his appeal in 2001. Four years later, Foster was still in the country - appealing the rejected appeal and filing three separate federal lawsuits before getting lucky with the Second Circuit.

* Ho Yoon Chong, a South Korean national, was sentenced in 1995 for racketeering. In 1998, the INS moved to deport him. In 2002, a judge ordered him deported. In 2004, the Board of Immigration Appeals sided with the judge. Like his fellow criminal aliens, Chong didn't give up, and now he's won the immigration litigation lottery.
Immigration lawyers representing criminal aliens like these four menaces have gummed up the court system with 11 years of litigation over two 1996 laws that severely restricted deportation waivers for aliens convicted of aggravated felonies.

Meanwhile, deportable aliens can appeal directly to their member of Congress to circumvent immigration laws through special legislation.

More than 50 bills have been introduced this year that would grant special, private relief to individual immigrants fighting deportation. Past and present beneficiaries have included smugglers, illegal aliens - and a convicted murderer, Mohuiddin A.K.M. Ahmed, who is wanted in Bangladesh for engaging in terrorist activity and participating in a 1975 assassination plot that left the prime minister and dozens of his family members dead.

Democrats and Republicans alike continue to sponsor these "private relief" bills seeking to sabotage deportation efforts. The bills needn't pass for the recipients to gain benefits. Mere introduction of the bills buys the deportable aliens time that law-abiding citizens can't buy in our court system.

Open-borders Democrats led by Ted Kennedy bleat about the lack of "due process" for aliens, but immigration lawyers and their clients know the deal. Whether the Bush-Kennedy bill passes or not, it ain't over 'til the alien wins.

This is the real "silent amnesty" that no one in Washington will talk about. Go ahead. Ask them.