Thread: Kobach: The United States Is Giving the Caravans a Huge Incentive to Keep Coming

Kobach: The United States Is Giving the Caravans a Huge Incentive to Keep Coming

Getty/AP ImagesKRIS W. KOBACH29 Apr 201910 4:47
We are witnessing an extraordinary collapse of the rule of law in our immigration system as hundreds of thousands of migrants exploit our generous asylum system by making bogus claims of asylum after entering the United States illegally.

As I wrote recently, caravan after caravan of illegal aliens from Guatemala, Honduras, and El Salvador has been pushing toward our border. Mexico is warning that the “mother of all caravans” – over 20,000 people – is gathering in Honduras. Border apprehensions exceeded 100,000 in March – the highest monthly total in twelve years.



I just visited the border yet again recently. Unfortunately, the news is not getting better. Indeed, there is no end in sight for the current crisis. Worse, official U.S. policy is creating massive incentives for the caravans to keep coming.
We are providing huge incentives for migrants to enter illegally and walk up to Border Patrol agents to demand a ride to the Border Patrol stations so they can make what is likely a bogus asylum claim. We know the claims are likely to be bogus, because the overwhelming majority of these migrants are denied asylum when their hearings eventually occur. U.S. policy has created three huge magnets for the caravans to keep coming:



1. We are giving the migrants employment authorization right away. ICE has been operating under an Obama Administration policy that started in 2010 of granting the newly-arrived asylum applicants who pass the initial “credible fear” screening “immigration parole,” which gives them temporary lawful presence in the United States. With parole comes the opportunity to obtain a work permit without first waiting the normal 150 days to apply. The immigration regulations of the United States spell that out at 8 C.F.R. 274a.12(c)(11). That work permit enables the alien to obtain employment and compete against U.S. citizens and against those aliens who did it the right way by entering the United States legally. And it’s not short-term work authorization either.



2. The asylum hearing dates are five to six years in the future. It’s not the six-month or one-year period that we’ve seen in the past. Because of the huge backlog in the immigration courts, the migrants are receiving court dates set many years in the future. In the meantime, they get to work legally in the United States. It’s as if they are handed a six-year work visa as soon as they arrive.



3. It appears that we may be giving the migrants EBT cards. Many of the aliens who claim asylum are now applying for free EBT card for SNAP (food stamps) benefits. The cards come pre-charged with money so the migrants can start spending, courtesy of the American taxpayer. Depending on how many are in the group, the card value can range from about $200 a month for an individual to well over $1000 a month for a family unit, depending on its size. And word has gotten out. As a Border Patrol agent told me, one newly arrived migrant came up and asked about the form to fill out so she could get her “free food card.”



U.S. law allows those who actually obtain asylum to qualify for federal welfare benefits, but now it appears that many asylum applicants may be getting them too. Again, the Obama Administration parole policy seems to be the problem; the fact that the migrants are being given parole is opening the door to the welfare benefits. A parolee need only be in the United States for a year before becoming eligible. And it appears that many are getting EBT cards well before that.
Meanwhile, back in their home countries, those who try to enter the United States the right way – legally – must wait years in the hope of obtaining a temporary work permit that lasts three years at most. And they must demonstrate that they will not need welfare benefits when they arrive. In other words, we are treating caravan members who enter the United States illegally much better than we treat their countrymen who follow the law. Join a caravan and make a bogus asylum claim – and you can work in the United States for twice as long, you’ll get welfare benefits; and you don’t need to ask permission to come in the first place.



In short, U.S. policy has created huge incentives to break the law and join the caravans. The alien who breaks the law is treated far better than the alien who follows the law. Why DHS has continued the Obama policy of granting parole to asylum applicants is anybody’s guess. But the consequences are playing out dramatically in the current crisis.
Something has to change and soon. In addition to eliminating these incentives, there are other steps that should be taken. I recently laid out a three-point plan to solve this crisis. If the United States doesn’t change course quickly, it will only get worse. Much worse.


https://www.breitbart.com/politics/2...o-keep-coming/

Originally Posted by stoptheinvaders

Kobach: The United States Is Giving the Caravans a Huge Incentive to Keep Coming

Why DHS has continued the Obama policy of granting parole to asylum applicants is anybody’s guess. But the consequences are playing out dramatically in the current crisis.

Why? too busy playing the blame game. Will they find a way to blame Congress for this also? or will any media even ask them that question?

Just saw this on Breitbart and came here to post it. NONE of this surprises me. I already read Trump was giving these invaders work permits and although I didn't want to think about it, it's was obvious that they are getting EBT cards and the welfare mothers are getting on AFDC immediately. How the hell could these dirtbags survive if they weren't getting on at least EBT. They have to eat and they obviously don't get even the worst low skill job right away. Furthermore, most of their relatives that they get hooked up with don't have a dime to support them.

This is an OUTRAGE but I don't see anybody EXCEPT Those folks in Huntington Beach CA. protesting against this?

When Can Asylum Applicants Get a Work Permit (EAD Card)?

Asylum applicants don't qualify for a work permit until their case is won or 180 days have passed with no decision.


By Ilona Bray, J.D.

Under U.S. immigration laws, only certain immigrants are allowed to work, usually after they apply for a work permit called an Employment Authorization Document (or EAD). Some years ago, asylum applicants were allowed to get an EAD as soon as they'd submitted their application for asylum and work while their case was being considered, but no longer.

Now, in order to be granted a work permit, you have to either

• win your asylum case (which may take several years), or
• be left waiting 180 days or more with no initial decision on your application from the asylum office or from the immigration court. After 150 days, you can apply for a work permit and you are eligible to receive it after you have been waiting 180 days.
• 
  

If you win your asylum case, you not only gain the right to work in the U.S., but don't need to apply for an EAD with which to do so. Your asylum grant allows you to obtain an unrestricted Social Security card, which is all you need to present to an employer.
Now let's look at some unique issues raised by the second option, of applying for a work permit if there's been no decision on your case within 150 days of your application.
Given that long waits are a common part of every type of immigration application, especially asylum applications in recent years, it got so people could count on 150 days passing without any decision on their asylum application if you filed it with an asylum office of U.S. Citizenship and Immigration Services (USCIS). Likewise, if you are in removal (deportation) proceedings in immigration court and want to apply for asylum, you could easily be waiting more than 150 days for a court date to see an immigration judge.

But USCIS has been taking steps to combat what it sees as a problem of people applying for asylum mainly to get a work permit. In 2018, it therefore began scheduling recent asylum applicants BEFORE those who'd applied earlier, just to make sure they had less of a chance of receiving a work permit. (Speak to an attorney for the latest on how long you are likely to wait.)

In any case, you will want to start the asylum application process as soon as possible, so the clock can start running. If you're applying with USCIS, you'll get a receipt notice telling you when it received your application, which will be the date the clock starts.
If you're in removal proceedings, fortunately you don't have to be in front of an immigration judge to get the process started. You can just go to the court and "lodge" (give to the court) your asylum application. The court will stamp your copy of the application with a notation that it has been lodged, so that when you apply for your EAD you can prove to USCIS that the clock started that day. (You still have to officially "file" your asylum application with the court when the judge tells you to.)

Your wait to apply could be even longer than 150 days. Various things can occur to "stop the clock" (stop the counting up of the 150 days). For example, if you request more time or fail to show up for a fingerprinting appointment, the government will stop the clock during this time. If USCIS requests more evidence from you in order to be able to make its decision, the clock will stop until it receives your response. If you're in removal proceedings, the clock will stop if you ask for your case to be postponed so you can get an attorney; if you ask for more time to prepare your case; if you say no when the judge asks you if you want your asylum claim to be heard sooner than normal; or if you file a motion that delays your case. Applicants in removal proceedings can track the progress of their "asylum clock" by calling the Executive Office for Immigration Review (EOIR)'s immigration case status information number, 800-898-7180.

Various problems with the 150-day clock process have been observed, too. In many cases, the clock got stopped without the applicant even knowing or hearing about it, perhaps based on a government mistake. Applicants then found it very hard to get the clock started up again. This led to a court settlement, which enabled a more open asylum-clock process.

Once 150 days have passed and you have applied, the government has 30 days to give you (or deny) your EAD.

If You're Allowed to Apply for a Work Permit

If 150 days pass with no initial decision on your asylum application, you'll need to take steps to apply for a work permit.

The application process involves filling out USCIS Form I-765. For more detailed instructions on how to complete this form as an asylum applicant, see How to Apply for a Work Permit as an Asylum Applicant.

For in-depth information on asylum and refugee protections and all key immigration law issues, see U.S. Immigration Made Easy by Ilona Bray (Nolo).

https://www.nolo.com/legal-encyclope...ing-32297.html

Obviously if the Trump administration is issuing work permits for asylum claimants before the 150 day mark, it is operating outside written immigration law.

Trump Fraud on Immigration Issues Handing Permanent Power to Democrats


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