Administrative bottlenecks make deportation of illegals a difficult task for the United States, and this setback is worsened by uncooperative countries which have been publicly identified.
The errant twenty-three countries include: China, Iran, Iraq, Zimbabwe, Cuba, Afghanistan, Libya and more.
Although it looks quite impossible that President Donald Trump will be able to convince the courts on allowing him to ban all previously blacklisted seven countries, the president may successfully get to work around the laws.
Mr. Trump, according to a report from The Washington Post, can achieve his goal of stripping visas from any country on the account of being “uncooperative .” This implies that the US can completely reject citizens from any country which refuses to take back its citizens when they are deported for defaulting immigration laws.
“All he (the president) would have to do is have his Homeland Security Department secretary issue an official notification about those countries, and the State Department would immediately halt visas,” the Immigration Reform Law Institute (IRLI) says.
Ian Smith, an investigative analyst at IRLI adds that: “Each of these countries either cannot or are unwilling to take back their citizens, all of whom have either violated our immigration laws or committed crimes against our own.
“For that reason alone, the Trump administration can and should put a complete halt to their visa privileges. In fact, the law requires it.”
The report argued that even though past administrations – President Barack Obama and George Bush – used the same tool to keep illegal immigration in check, the governments never applied it to more than one country. And those past executive orders weren’t a part of the measures taken to counter terrorism in the US.
Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen, the seven countries which were counted as terrorist-connected in Trump’s 27 January immigration ban, may finally have the controversial ruling overturned by a federal court.
However, the quest for counter measures continues as Mr. President will not back down in his egocentric fight against “radical Muslim.”
In his explanations on how some countries have been able to stop the United States from deporting criminals, Josh Siegel made reference to Susanna Ruth Makinson, whose husband (a police officer) was shot dead while walking on the streets of Fort Myers in Florida.
The heart rending incident which occurred about eight years ago, the second of such callous acts since 1930 when a police officer was killed on the streets, can be blamed on many factors.
Makinson argues that her then-husband Andrew Widman’s death could have been prevented, although way out of her control, if only the murderer and people like him who are illegal immigrants were denied entry into the US.
The laws failed her because Abel Arango (the murderer) was a convicted felon who left his country Cuba to America. Unfortunately, he was deported but his country wouldn’t take him back.
However, the bereaved has one wish–that the government would make efforts to fix this crack in the nation’s immigration system. This, she suggested, can be done mounting pressure on uncooperative countries to accept their citizens who are illegals in the US.
She admits suffering to raise her three kids as a single mom after Andrew’s death.
“It’s a huge problem that criminals take advantage of; most people don’t know it’s possible for the originating country to decline the person being deported,” Makinson told The Daily Signal in an interview.
“It bothers me. At the same time, what if I had been sick that day and my husband hadn’t gone to work? I would go crazy thinking through every ‘what if’ scenario. I try not to do that. We don’t live in a perfect world.”
The administrative hurdles in deporting criminals created teansion among US lawmakers who advocated tougher immigration laws and reasonable compensation in 2016, for families who have fallen victims to violent crimes.
According to Immigration and Customs Enforcement (ICE), an agency of the Department of Homeland Security, thousands of illegal immigrants with criminal convictions have been released from custody—some who’ve committed crimes like assault and murder—because they can’t be repatriated.
As of May, ICE classified 23 countries, including China, Afghanistan, Iraq, Iran, and Libya, as being “recalcitrant,” or uncooperative.
That lists also still includes Cuba, a country with which the Obama administration restored diplomatic relations with last year after five decades of hostility.
“We shouldn’t allow other countries to dictate who will be deported from the United States,” said Jessica Vaughan of the Center for Immigration Studies.
“The Obama administration has been passive on this and not used the tools Congress has given them to address this problem.”
Deporting illegal immigrants is more complex than meets the eye. This goes far beyond arresting and putting illegals on the next available flight to their countries of origin.
Illegal immigrants are just like other people travel abroad. They need documentation (passport) and more in some cases, just like anyone traveling to another country.
In a circumstance where those receiving countries refused to issue the required papers, the American government can’t send anyone there.
Nonetheless, political analysts think Trump’s administration can be more aggressive by using diplomatic leverage to achieve its goals.
Under the US immigration law, the State Department can deny visas to citizens of countries that refuse to repatriate their nationals.
Whether the government decides to use this method or not depends on the objectives it wishes to achieve. The United States has foot-dragged on exploiting this before now as history confirms that only one country has been denied visas – a South American nation, Guyana, in 2001.
“Visa restrictions are not imposed lightly,” the State Department official said.
“For many years, we have worked with DHS [Department of Homeland Security] to review the status of each recalcitrant country on a case-by-case basis. We engage at the highest levels to resolve these issues diplomatically when possible, while remaining ready to invoke visa restrictions, as warranted, in consultation with DHS.”
“The Department of Homeland Security and the State Department together have an effective tool to discourage this behavior, and it’s high time they use it,” Grassley told The Daily Signal in an emailed statement.
“No other American family should have to endure a tragedy because criminal immigrants are allowed to stay in this country, even if foreign countries won’t take responsibility.”
Cuba, the biggest violator, refused to take back more than 600 criminals through the first nine months of the last fiscal year.
Cape Verde, meanwhile, just came off the list after reaching an understanding with Homeland Security last month that will facilitate the deportation of 450 people.
The State Department and ICE are pursuing other avenues to push countries to cooperate.
“He was very community minded,” Makinson said of her late husband who would have been a pastor after graduating from a missionary school but chose to serve as an officer of the law. “He wasn’t in police work because he wanted to prove something. He really want to help people and impact their lives, and he thought this was a good way.”