We’ve known for some time that the Biden Regime is “lowering” the number of illegal-alien encounters at the southwest border by “legalizing” the illegals before they leave home to trudge north. Illegals use the One Mobile phone app from U.S. Customs and Border Protection to make appointments with border authorities and file fraudulent asylum claims that get them into the country. Like the Regime’s “parole” Amnesty, CBP One has always been bait-and-switch—meaning a lie—to substitute illegal entry with a dubious “legal” entry. But now, with a new procedure for handling some of those applications, issuing Notices to Appear typically reserved for inadmissible illegals, the Regime has, once again, admitted it is breaking the law. Worse still, the agency is boosting the number of illegals per day who can make appointments by 16 percent.
Yesterday, CBP announced the expansion of available appointments for noncitizens through the CBP One app to 1,450 per day, up from 1,250.
— CBP (@CBP) July 1, 2023
Learn more: https://t.co/Zb8REz0R7m pic.twitter.com/dmQbJiq48l
The latest from CBP:
U.S. Customs and Border Protection today announced the expansion of available appointments for noncitizens through the CBP One™ app to 1,450 per day, up from 1,250. This represents a nearly 50 percent increase from May 12 when CBP processed 1,000 appointments per day. Scheduling an appointment in CBP One™ continues to provide a safe, orderly, and humane process for noncitizens to access ports of entry, where CBP Officers receive advance information for screening and vetting and to determine admissibility on a case-by-case basis. CBP One™ is a key component of DHS efforts to incentivize migrants to use lawful processes and disincentivize attempts at irregular or unlawful entry to the United States. [Emphasis added]
[CBP One Appointments Increased to 1,450 Per Day, CBP.gov, June 30, 2023]
That’s an extra 43,500 illegals per month, or 522,000 annually, over what was previously approved. The figure does not include the 30,000 a month from Cuba, Haiti, Nicaragua, and Venezuela who are paroled into the United States under a separate Amnesty, nor any official refugees from Mexico. CBP One applications will be about a quarter of fiscal 2022’s total encounters. Because about half of those arrested at the border are actually removed, the CBP One Amnesty is permitting one legalized illegal to enter for every two arrested.
CBP (in the press release above) connects the numbers, clearly thinking this is a good thing.
From May 12 through June 23, more than 49,000 noncitizens have presented at Southwest border ports of entry through scheduled CBP One appointments for inspection under Title 8 and determination of admissibility on a case-by-case basis, while unlawful entries between ports of entry have declined by 64 percent.
Of course, using CBP One to file asylum claims violates statutory language that prohibits using parole for refugees and run-of-the-mill immigrants [Inside The Lawless Biden Regime Administrative Amnesty, Federale Fifth Columnist, January 31, 2022].
From January: Currently the Biden Regime is not implementing ER on the millions that are flooding the border. Congress should expand and mandate use of ER to end the current crisis at the border. https://t.co/cpsfLqR9GO
— VDARE (@vdare) July 11, 2023
The press release goes on:
Noncitizens who cross between the ports of entry, or who present at a port of entry without making a CBP One™ appointment, will be subject to the Circumvention of Lawful Pathways rule which places a common-sense condition on asylum eligibility for those who fail to use lawful processes.
But here’s where CBP’s Great Replacement mischief really gets legs. In an apparent change, illegal aliens who use CBP One are not being paroled, but instead receiving DHS Form I-862, Notice To Appear [NTA], the charging document initiating removal proceedings before the Executive Office for Immigration Review. That appears to change procedure. Previously, CBP One beneficiaries were paroled for two years and given employment authorization immediately, as are those who use CBP One from their home nations and fly directly in.
Individuals who appear at a port of entry with a CBP One appointment are excepted from the Circumvention of Lawful Pathways rule, are issued a Notice to Appear before an immigration judge, and processed under Title 8 immigration authorities.
His is quite a shocking admission. When an alien receives an NTA, the alien is de facto inadmissible and should be removed. The most common exclusion charge is that the alien is an intended immigrant without an immigrant visa, which would be the primary charge in all these cases, as illegals almost always admit that they are coming to the United States for jobs and welfare.
Let’s look at the law:
Except as otherwise specifically provided in this chapter, any immigrant at the time of application for admission-
(I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this chapter, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 1181(a) of this title …
is inadmissible [Emphasis added].
[Title 8 USC 1182: Inadmissible Aliens, Law.Cornell.Edu]
Generally, if an alien is inadmissible, then he should not be placed in removal proceedings with an NTA, but immediately deported with the Expedited Removal—see Immigration Court Backlog Grows, The Solution Is Expedited Removal, January 2, 2023.
As well, aliens who receive an NTA—even those with seemingly valid asylum claims—are required to wait in Mexico for their hearing before the EOIR.
But here’s the thing: We have zero evidence that any of the CBP One aliens are making formal claims. The proper procedure at point of entry for an inadmissible alien who claims fear of persecution if deported is the following, a process that I performed regularly for years:
A CBP officer interviews the illegal under oath and takes a signed sworn statement. Along with other evidence, the statement is placed in an Alien File. If the alien claims a fear of persecution if deported, then the alien is held until an asylum officer speaks to him during a Credible Fear Interview.
If the officer believes the alien has a credible fear of returning to his home country or his last country of habitual residence, in this case, Mexico, then and only then is the alien placed in proceedings before EOIR.
Aliens who don’t have a credible fear of persecution are generally referred to the EOIR as well, but should, again, wait for their hearing in Mexico, though such aliens can be deported under Expedited Removal.
CBP is not following these procedures with CBP One applicants who are not sitting for interviews nor signing sworn statements, but instead are permitted to claim they will file for asylum. After receiving the NTA, CBP releases them with instructions to apply for employment authorization when they arrive at their intended destination. So, to sum up: CBP One applicants do not sign sworn statements, do not sit for credible fear interviews, are not taken in custody, and are not waiting in Mexico. Rather, they are immediately released to disappear.
While many apply for the employment authorization, most will wait years for an EOIR hearing. And the overwhelming majority never appear for those hearings or at a required check-in with U.S. Immigration and Customs Enforcement (ICE) [Report Understates No-Show Rates in Immigration Court, by Andrew R. Arthur, Center for Immigration Studies, February 9, 2021; 13 percent of released migrants appear at ICE offices, report says, by Mark Moore, New York Post, July 28, 2021].
Beyond that, with CBP’s knowledge, Treason Lobby Non-Governmental Organizations and Treason Bar shysters coach the legalized illegals to file bogus asylum claims, much as the Obama Regime did during the 2014 Kidinvasion crisis.
The aliens and CBP know that the asylum claims are fraudulent, and beyond that, both know the aliens won’t appear before EOIR to contest their removal. Everyone knows the reality of what’s going on—except the American people.
Biden’s CBP is a lawless agency. But partly to blame is U.S. House Speaker Kevin McCarthy and GOP Brain Trusters, who have failed to address the lawlessness with legislation, despite all their tough talk.
The Biden Regime is using CPB One to import these legalized illegals, release them into the heartland to disappear and either work or collect welfare.
Bottom line: The interest of aliens who seek entry into the United States unites perfectly with the interest of the Biden Regime: to dispossess and replace the Historic American Nation.
The blogger Federale (Email him) is a 4th generation Californian and a veteran of federal law enforcement, including service in the legacy Immigration and Naturalization Service, the Department of Homeland Security, and other federal law enforcement agencies.
