Give the Biden Regime credit for one thing: creativity in finding excuses to release illegal aliens that should, of course, not only be in custody but also deported. The Department of Homeland Security has decided that the accidental release of an illegal alien’s personal information is a get-out-of-detention free card and chance to stay in the country. Thus did DHS set free almost 3,000 illegals to further colonize—and terrorize—the heartland. Naturally, the latest administrative Amnesty cooked up by unindicted visa fraudster Alejandro Mayorkas has no basis in immigration law, but a little thing like the law hasn’t stopped Mayorkas and Biden before. After all, they refuse to enforce it. No measure, it seems, is too extreme if it pushes ahead the dispossession and replacement of the Historic American Nation.
The Amnesty doesn’t have a name, but it appears to build on crime-victim visas. Illegals have long abused the U Non-Immigrant Visa, a path to lawful permanent residency. Another is the T NIV for alleged victims of trafficking. My guess: These could be permanently expanded to include the illegal-alien “victims” of the government’s publicly exposing, however briefly, their personally identifiable information. The result might not just be release but also the reward of a green card.
ICE releases nearly 3,000 detained immigrants affected by accidental data leak https://t.co/Xnbe5vjPbS— Fox News (@FoxNews) January 20, 2023
Here’s the stunt Mayorkas and Johnson have pulled: They “released nearly 3,000 detained immigrants in response to a data leak last year that resulted in personal information for thousands of immigrants in detention being posted online,” Fox News’s Adam Shaw reported:
The agency was hit by an initial data leak on Nov. 28, which led to the information—including names, locations and other personally identifiable information—of 6,200 immigrants being published online. Of those, 5,100 were in custody while another 1,000 had been removed or released already.
ICE said the incident came while the agency was performing routine website updates and was up for approximately five hours before it was eventually removed. The document in question contained information related to those in ICE custody on Nov. 19, meaning if they weren’t in custody on that date, they were not affected.
[ICE Releases Nearly 3,000 Detained Immigrants Affected By Accidental Data Leak, January 19, 2023]
As well, the illegals won more than release. They can also apply for relief from removal, which means the Regime will somehow give them lawful permanent residence. Again, that has absolutely zero legal basis. “The agency reiterated that it is not deporting any of those impacted by the breach without allowing them to apply for ‘additional relief from removal’ while also giving them information about the breach ‘to make informed decisions regarding their immigration status,’” Shaw continued:
ICE said all those released have been served with Notices to Appear in immigration court so they can apply for protection from removal due to the breach. If an illegal immigrant with an order of removal had an order of removal in place, ICE said it wouldn’t object to oppose a motion to apply for protection.
The obvious result of the information leak is exactly what you’d think. The illegals are victims, the Democrats and their Lügenpresse Information Ministry would have us believe:
The incident, though accidental, sparked outrage from immigrant rights groups and some Democrats who lambasted the agency for the ”unacceptable” leak they said potentially put asylum seekers at risk of danger.
What that “risk of danger” might be is, of course, largely unexplained, and to the degree it is or can be, the explanation would be nonsense.
No one has adduced evidence that someone accessed the illegals’ personal information to commit a crime such as fraud. And if an identity thief did, most of these “victims” don’t have Social Security Numbers, meaning a criminal could do precious little with just a name and birthday. And if even an illegal had an SSN, the criminal who purloined it would have a tough time using it for anything remotely profitable. An illegal’s reported income is likely too low to obtain a credit card or auto loan, for instance.
Another point: Some 90 to 99 percent of asylum claims are fraudulent, or the result of the government’s tolerating fraud. For the few that are valid, the illegals’ former governments know who they are, which means that releasing some personal information is harmless. Again, even a genuine asylum applicant isn’t much of a target for identity theft. He lands here with nothing except his clothes. An identity thief has no reason to use a penniless vagabond’s personal information.
Another not so minor point. If these illegals were in custody, they must be bad hombres. The Biden Regime is detaining only the worst of the worst and releasing as many as it can, including criminals. Thus, the real danger in this affair is to the Americans these illegals will rob, rape, and murder.
And, importantly, the illegals weren’t victims of a crime. Releasing their personal information is not illegal because aliens are not covered by the federal Privacy Act, which is why President Trump could authorize the release of information about them in an executive order.
The obvious question is when an asylum applicant’s personal information would be useful. When I was an immigration inspector and later a special agent with DHS, staff members were often warned about releasing such information because we believed the claims were true, and the governments from which the refugees had fled might have cared enough to murder them.
It was as if all asylum applicants were the Cardinal of the Kremlin, fleeing the Soviet Union with nuclear codes, or some Third World Aleksandr Solzhenitsyn, a voice that a tyrannical government wanted to silence with a bullet. That was true for defectors such as Victor Kravchenko, whom the Soviets wanted dead ages ago. Even then, after the Vietnam War, when millions of boat people fled Vietnam, North Vietnamese death squads were not roaming the United States to hunt down refugees, even famous ones such as Nguyễn Ngọc Loan, who famously executed a Viet Cong murderer and fled to the United States to live in Virginia in 1975, when Saigon fell to the Reds.
Indeed, the North Vietnamese never went after Loan—our government did. It tried to deport him for committing a ”war crime”! And those Vietnamese refugees so concerned about persecution in 1975 were soon welcomed back to Vietnam by the late 1980s.
No one really believes that a nobody from Cuba, Africa, Ukraine, or Central America will be murdered because his personal information appeared online for five hours. Those governments don’t care who flees and claims asylum here, and more than likely, are glad to see them go. Every “migrant” who leaves his homeland is one less mouth to feed. Relatives might care, and just might hit up the asylees for money and airline tickets to follow.
Beyond that, whatever happened to “no harm, no foul”? Unless the release was deliberate, and unless an illegal is harmed, no redress is necessary. And even then, for most of us, the only redress for such a security breach is a small monetary settlement, after proving the harm. When 4 million current and former federal employees, including me, were the victims of Chinese hackers who accessed personnel records by penetrating the laughable security of the Office of Personnel Management (OPM), we received the equivalent of nothing: a couple of years of free credit monitoring.
While all the Biden Regime Administrative Amnesties are lawless, this one is particularly egregious even for a man of Mayorkas’ chutzpah. He simply released almost 3,000 illegals because their names appeared online for a few hours. This is yet another reason to impeach him, and add his sidekick Johnson to the list of Biden Regime criminals who should be removed from office.
Federale’s opinions do not represent those of the Department of Homeland Security or the federal government, and are an exercise of rights protected by the 1st Amendment to the Constitution of the United States.