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Jason Dzubow on Political Asylum

Michelle Malkin Is Right!

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She got us. A recent article by anti-immigrant activist and daughter of immigrant parents, Michelle Malkin lays bare President Obama's nefarious scheme to enrich immigration lawyers while filing our country with criminals, Muslims, and "Typhoid Marias." Ms. Malkin states:

Immigration lawyers celebrate the recent influx of child asylum seekers at our Southern border.

[L]eft-wing immigration lawyers and ethnic activists operate a lucrative industry whose sole objective is to help illegal aliens and convicted criminal visa holders evade deportation for as long as possible. Groups such as the American Immigration Lawyers Association, the Immigrant Legal Resource Center, and the American Friends Service Committee make their livelihoods off administrative bottlenecks.

How does she know about this? It’s almost as if she were a fly on the wall at my country club where she overheard me talking with my friends at AILA, ILRC, and AFSC about all the money we've been making since thousands of wealthy Central American children started arriving at the Southern border. Perhaps my friends and I were all speaking a bit too freely after having consumed a few bottles of Vosne-Romanee Permier Cru (1983). We will have to be more guarded in the future.

Frankly, though, as the father of two future Andover academicians with a yacht that won’t pay for itself, I’d like to know who let out our little money-making secret? Ms. Malkin gives us a clue. She writes, “Insiders have told me again and again over the years: ‘It ain’t over ‘til the alien wins.’” Who are these colloquialism-spouting “insiders” that tattled on us? One source seems to be a former law clerk from the Fifth Circuit (hence, ain’t) who, Ms. Malkin tells us, believes that Ms. Malkin is “absolutely correct” in her analysis: “immigration lawyers use the current system of endless appeals to make illegals essentially undeportable.” This clerk was also amazed that “illegal aliens, unlike American citizens, get TWO appeals as of right - one to the BIA and then another to the Circuit Court of Appeals.” I am not sure whether Ms. Malkin or the unnamed clerk emphasized TWO to show how amazed she/he was, but the emphasis was in the original article. I am also not sure how Ms. Malkin (or the clerk) got from “TWO appeals” to “endless appeals” in the same paragraph. Probably I was too busy counting my endless money to follow the logic (I made $2.00 today). Finally, I wonder who these poor Americans are who receive only ONE paltry appeal. My guess is that they are not before an administrative court (immigrants appear before administrative courts—the Immigration Court and the Board of Immigration Appeals or BIA), which usually allow for an administrative or inter-agency appeal and an appeal to a federal court (TWO appeals! Even for U.S. citizens! Ain’t that sumpin’?).

Ah, but it only gets worse from there. Ms. Malkin even knows how we lawyers operate. She writes that the “legal tricks” for avoiding deportation include scams that would make Professor Harold Hill blush. Scams such as asylum (trouble!), cancellation of removal (Trouble!), and adjustment of status (TROUBLE! TROUBLE! TROUBLE!). Yes, we surely got trouble. I myself am a purveyor of that legal sleight of hand known as “asylum,” where we gather a type of snake oil known as evidence (which of late for my cases has included such gems as death certificates for close family members, medical reports about serious injuries, and letters from U.S. military commanders) and submit it to the Immigration Judge in the hope that our client won’t be deported to his death.

Ms. Malkin even knows about the “fraud-friendly U visa,” which provides a path to citizenship for “virtually anyone who applies.” All you need is to be the victim of a serious crime, the cooperation of law enforcement—who must submit signed documents on your behalf—and about three years of waiting. Then you too will gain residency based on a U visa. Easy peasey.

And then, of course, there are the “young illegal border surgers” who have been arriving along our Southern border like so many crazed teenage Beliebers. They too have a “plethora of litigation bites at the apple that will keep them in our country in perpetuity.” Lucky for them that they have such a plethora of options given that, historically, something like 97% of asylum claims from Central America and Mexico are denied. And lucky for us too—I can almost hear the coins clinking into my cup as these young Rockefellers pay my fellow attorneys and me for each delicious bite at that apple. Ka-ching!

Of course, none of this would be possibly without the complicity of the BIA, a bunch of "meddling activists" who Ms. Malkin tells us, "have the power to overturn deportation orders nationwide.” Never mind that less than 10% of Immigration Court cases are appealed and only about 11% of those are successful, or that—depending on the circuit court—between 5% and 30% of BIA decisions are overturned in federal court. It’s clear that the Mexican-loving hippies on the Board will stop at nothing to keep illegals in our country. And by the way, these endless appeals (ONE!) to the Board are earning big money for us lawyers. Why, my last BIA appeal alone paid for my oldest child’s college (in 15 years, assuming I can find a money market account that earns 88% per year; I'll let you know).

In the end, I have no regrets. I suppose I could have taken the more honorable, but less lucrative path and worked as a political pundit, serving my country by courageously standing up to powerless immigrants and refugee children. Instead, I have chosen to make the big money by representing those immigrants and refugees. Believe you me, I am laughing all the way to the bank...

Originally posted on the Asylumist:

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  1. MKolken's Avatar
    I enjoyed reading this.
  2. enoughtoil's Avatar
    Great stuff, Jason. I'm having this message typed for me by one of my many servants ? sorry, I can't keep track of their names ? while I sip a Mai Tai on one of my favorite yachts ? sorry, I can't keep track of their names either. This life I lead is the pleasurable result of earning so much money from hapless immigrants that I can't begin to count it all. One of my other servants is working on this project as we speak. BTW, I was making $4.00 an hour when I was doing asylum work, but ... you know as well as I do ... those hours sure add up!
    Updated 07-15-2014 at 05:35 PM by enoughtoil
  3. ImmigrationLawBlogs's Avatar
    Unfortunately, peddling hate for a living is a very old tradition in America. Reading Malkin's rants reminds me of the sick, anti-Semitic ravings of Gerald L.K Smith during the 1950's, when i was a high school and college student.

    Before him (and before my time) there were other popular bigots, such as Henry Ford and Father Coughlin.

    While Malkin's targets are different (she is not an anti-Semite, for example) the tradition she is in is the same.

    It is America's tragedy and shame that so many people take her seriously, just as they did in the case of her bigoted lunatic fringe, but also influential predecessors in hate.

    Roger Algase
    Attorney at Law
  4. JDzubow's Avatar
    Thanks for the comments. Sometimes, I think it is best to pay as little attention to people like her as possible. It's not just hate - it's poison. The less we consume, the healthier we will be.
  5. ImmigrationLawBlogs's Avatar
    I agree with Jason's comment. Unfortunately, Michelle Malkin is not alone in spreading anti-immigrant hate. She has many other pundits and politicians on her side, whom the media pay far too much attention to.

    Back in the time of Gerald L. K. Smith, for example, his name was never mentioned in the mainstream media, at least to my knowledge. One had to read his hate sheet ("The Cross and the Flag") to know what he was up to.

    I used to do this on occasion as part of my own personal hate watch. It was available at the library at Harvard College, where political censorship did not exist and one could read just about anything.

    If Smith were active today, his name would probably be all over the Internet and he would be struggling to keep up with the likes of Michelle Malkin, Steve King, Michele Bachmann, Rush Limbaugh, Glenn Beck, Ann Coulter and Sarah Palin, though I must again emphasize that none of the above are anti-Jewish, as Smith emphatically was.

    But many of the lunatic accusations that used to be made primarily against Jews and African-Americans are now being made against non-white immigrants, particularly those from Central and South America.

    Roger Algase
    Attorney at Law
    Updated 07-16-2014 at 03:32 AM by ImmigrationLawBlogs
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