Immigration Watch International (2): DACA: Delinquent Aliens, Criminal Aliens

Thursday, November 24, 2022

DACA: Delinquent Aliens, Criminal Aliens

Many violent alien youths qualify for DACA, many face few consequences

Executive Summary

Juveniles commit a large number of serious offenses. In 2020, there were 1,353 known juvenile homicide offenders. In 2019, juveniles constituted 21 percent of all arrests for robbery, 20 percent for arson, 17 percent for car theft, 12 percent for burglary, 10 percent for larceny-theft and weapons offenses, eight percent for murder, and seven percent for aggravated assault. In 2012, the last year for which data is available, juveniles accounted for 14 percent of all arrests for forcible rape.

Despite the successful framing of DREAMers and DACA recipients as young people with no criminal records, it turns out that many were affiliated with gangs and many had arrest records when granted DACA benefits, and many others saw their DACA status terminated because of criminal activity. As USCIS has admitted, “[t]he truth is that we let those with criminal arrests for sexually assaulting a minor, kidnapping, human trafficking, child pornography, or even murder be provided protection from removal.”

Juvenile perpetrators are much more likely to be processed through a juvenile justice system than a criminal court. The Los Angeles County District Attorney made the decision (still largely in effect) to not send any juveniles to criminal court, no matter the gravity of their crimes.

Most juveniles adjudicated delinquent in juvenile court are not placed into any sort of out-of-home detention, including for such offenses as aggravated assault and robbery.

Congress has determined that all aliens (regardless of their immigration status) are subject to removal upon conviction for a wide range of crimes. Congress has also determined that aliens are subject to mandatory detention and are ineligible for a wide range of immigration benefits and relief upon conviction for a wide range of crimes.

However, aliens who are “adjudicated delinquent” in a juvenile court after having committed such offenses as minors are not subject to removal on this basis, or to mandatory detention or loss of eligibility for immigration benefits or relief on this basis.

Regardless of one’s views as to the “deservingness” as a general matter of illegal aliens brought to the U.S. as minors by their parents, brought to the U.S. by smugglers paid for by their parents, or who simply came to the U.S. on their own accord, those who are criminals (whether convicted in criminal court or adjudicated delinquent in juvenile court) should surely face immigration consequences. The lasting devastation to the lives of crime victims and their families is not wiped away simply because a perpetrator is a minor, even if that minor was “brought to the U.S. through no fault of their own.”

When a juvenile perpetrator is an alien, especially one not lawfully present, the consequences should not only entail “rehabilitation and treatment” through a federal or state juvenile court system, but also extend to the immigration realm. Congress should bar juveniles adjudicated delinquent from eligibility for any immigration benefit or relief, especially relief designed for those who arrived in the U.S. while minors. Congress should also give serious consideration to establishing a detention mandate and a ground of deportability for all aliens who have been adjudicated delinquent for the type of offense that would trigger mandatory detention or a ground of deportability had it resulted in a criminal conviction.

https://cis.org/Report/DACA-Delinquent-Aliens-Criminal-Aliens

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My other blogs. Main ones below:

http://edwatch.blogspot.com (EDUCATION WATCH)

http://dissectleft.blogspot.com (DISSECTING LEFTISM)

http://antigreen.blogspot.com (GREENIE WATCH)

http://pcwatch.blogspot.com (POLITICAL CORRECTNESS WATCH)

http://australian-politics.blogspot.com/ (AUSTRALIAN POLITICS)

http://awesternheart.blogspot.com.au/ (THE PSYCHOLOGIST)

http://jonjayray.com/blogall.html More blogs

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Background

Postings from Brisbane, Australia by John Ray (M.A.; Ph.D.) -- former member of the Australia-Soviet Friendship Society, former anarcho-capitalist and former member of the British Conservative party.

Why is "La Raza" the one Spanish term that is NEVER translated in the American mass media? Because translating it would make it a lot less respectable. It means "THE RACE" -- The mixed Hispanic "race" of Mexico. Racism is fine South of the Rio Grande only, apparently.

The "line" of this blog is that immigration should be SELECTIVE. That means that:

1). A national government should be in control of it. The U.S. and U.K. governments are not but the Australian government has shown that the government of a prosperous Western country can be. Up until its loss of office in 2007, the conservative Howard government had all but eliminated illegal immigration. The present Leftist government has however restarted the flow of illegals by repealing many of the Howard government regulations.

2). Selectivity should be based on "the content of a man's character, not on the color of his skin", as MLK said. To expand that a little: Immigrants should only be accepted if they as individuals seem likely to make a positive net contribution to the country. Many "refugees" would fail that test: Muslims and Africans particularly. Educational level should usually be a pretty fair proxy for the individual's likely value to the receiving country. There will, of course, be exceptions but it is nonetheless unlikely that a person who has not successfully completed High School will make a net positive contribution to a modern Western society.

3). Immigrants should be neither barred NOR ACCEPTED solely because they are of some particular ethnic origin. Blacks are vastly more likely to be criminal than are whites or Chinese, for instance, but some whites and some Chinese are criminal. It is the criminality that should matter, not the race.

4). The above ideas are not particularly blue-sky. They roughly describe the policies of the country where I live -- Australia. I am critical of Australian policy only insofar as the "refugee" category for admission is concerned. All governments have tended to admit as refugees many undesirables. It seems to me that more should be required of them before refugees are admitted -- for instance a higher level of education or a business background.

5). Perhaps the most amusing assertion in the immigration debate is that high-income countries like the USA and Britain NEED illegal immigrants to do low-paid menial work. "Who will pick our crops?" (etc.) is the cry. How odd it is then that Australians get all the normal services of a modern economy WITHOUT illegal immigrants! Yes: Before the pandemic, you usually COULD buy a lettuce in Australia for a dollar or thereabouts. And Australia IS a major exporter of primary products.

6). I am a libertarian conservative so I reject the "open door" policy favoured by many libertarians and many Leftists. Both those groups tend to have a love of simplistic generalizations that fail to deal with the complexity of the real world. It seems to me that if a person has the right to say whom he/she will have living with him/her in his/her own house, so a nation has the right to admit to living among them only those individuals whom they choose.

I can be reached on jonjayray@hotmail.com -- or leave a comment on any post. Abusive comments will be deleted.

Immigration Watch International (2)

Thursday, November 24, 2022

DACA: Delinquent Aliens, Criminal Aliens

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