Wednesday, July 10, 2024

Free Beacon article, headlined: “Biden Admin Flying Migrants Deported by Trump Back Into the US”.


By Andrew R. Arthur

It reveals that at least some of the 80 to 90 Cameroonian nationals who were deported between 2019 and 2021 — most logically under the Trump administration — are now “arriving back in the United States under a program with little precedent”.

That’s an understatement, because there is no mechanism in current law permitting DHS to allow aliens who have been removed pursuant to lawful orders to return — though not for want of trying on the part of the Biden White House.

Almost immediately after he took office, the president sent a proposal called the “U.S. Citizenship Act”, H.R. 1177, to Capitol Hill. In addition to creating a massive amnesty for aliens unlawfully here, the bill also would have provided a “waiver” for certain aliens removed under the Trump administration that would have allowed them to return.

Even under the Democratic-party controlled 117th Congress, that bill went nowhere (it never even made it to a markup, let alone out of committee), but as these Cameroonian returns reveal, that apparently hasn’t deterred the administration’s efforts to implement the plan itself, albeit on a limited basis.

Why, exactly, is DHS allowing those deported aliens to return? The Free Beacon explains:

    The program, which has not been announced to the public, appears to be a response to a February 2022 Human Rights Watch report about dozens of Cameroonians deported between 2019 and 2021 and then allegedly mistreated by their government. An estimated 80 to 90 Cameroonians were deported during that period of time.

    ...

    The official rationale for the program, according to internal memos reviewed by the Free Beacon, is to avoid a "potential lawsuit." There is pending litigation in New York over documents related to alleged abuse of Cameroonian migrants, but no court has ordered their return.

As a former DOJ attorney, I can assure you that “litigation risk” guides any number of immigration-policy decisions, but absent evidence that these aliens were denied their due process rights — and nothing suggests they were — they would have a tough row to hoe in convincing even the most sympathetic federal judge to order DHS to return them.

As for the harm that they have suffered at the hands of their government (which I deplore in any context) there are any number of alternative avenues for protection they could — and should — access in lieu of returning to the United States.

With the exception of Nigeria, every country neighboring Cameroon is a signatory to the 1951 U.N. Convention on Refugees and its 1967 Protocol, including Equatorial Guinea and Gabon, as is every country on the West African coast (Cameroon sits on the South Atlantic Ocean), most notably Ghana.

Logically, if those aliens are fleeing persecution, they would go to the first country they can get to — not the one that best meets their personal and economic needs.

At this point, according to the Free Beacon, at least four deported aliens have been returned here, though up to 28 “will eventually be brought back to the United States”. If that’s true, it will send yet another signal to the world that this country is not serious about either its sovereignty or its immigration laws, which will just encourage even more illegal migration.

https://cis.org/Arthur/DHS-Returns-116-Chinese-Nationals-Then-Allows-Deported-Cameroonians-Back

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http://snorphty.blogspot.com (TONGUE-TIED)

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