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Green cards for criminals?

We’ll begin with an actual case that happened last June. Raul Vaysez, an illegal immigrant from Colombia living in Miami, was arrested for the possession and sale of narcotics. Under U.S. law, he would face eight years in prison followed by deportation to his native country.

Backed into a corner, Vaysez unexpectedly proposed a deal: in exchange for "exclusive" information about major drug dealers living in the United States, he wanted to be released from jail and issued a green card, which would give him the right to live and work legally in the United States.

His offer was accepted and six months later the former illegal immigrant and drug dealer received his green card.

At first, this story seems almost fantastical. Since when does a hardened criminal, who should be in prison, get issued a green card, and more easily and faster than any other law-abiding immigrant who, for example, has requested political asylum or married a U.S. citizen?

Unfortunately, or perhaps fortunately, the U.S. legal system is overflowing with all sorts of paradoxes. Using green cards as the main way of rewarding cooperation with the authorities has been a practice with district attorneys and criminal investigators for over 10 years.

“Most illegal immigrants in jail are not aware of the business relationship between the U.S. Customs and Immigration Enforcement (U.S.C.I.S.) and the D.A.'s office," said Ron Lansker, a defense attorney. "Many are prepared to cooperate to avoid jail time; however, an experienced lawyer can certainly reach an agreement on the exchange of valuable information for permanent residency."

In 90 percent of these cases, the U.S.C.I.S. will issue the illegal immigrant a green card. Essentially, granting this request is seen as a way of acknowledging a person who has rendered an invaluable service to Uncle Sam. It's curious that the applicant does not have to undergo any serious interviews or background checks. He will receive his green card in the mail.

About 7,000 people are issued green cards in this fashion every year. It is impossible to name an exact figure because many informers enter the witness protection program. Consequently, their names and “services to the investigation” are kept strictly secret.

“I don’t think that the Department of Homeland Security pays any attention whatsoever to the green card quota for repentant criminals who are illegal immigrants," said Professor Chuck Headbay, the author of many popular books on immigration. “Since the D.A.’s office values its reputation and wants to close cases quickly, green cards are issued to criminals like flyers being handed out on the street. There are no criteria for what specific kinds of information the illegal immigrant must provide to receive legal status in the country.”

Thirty-year-old Jorge Fernandez from El Salvador worked at a meat processing plant in Texas. He was charged with using a false Social Security number and forging a driver's license. His lawyer managed to get him legal status in exchange for his testimony on a number of criminals and on an underground workshop that was producing forged documents. He ended up giving prosecutors a number of invaluable pieces of evidence, including recorded conversations with criminals.

“The only thing I regret is not asking for green cards for my relatives in El Salvador,” said Mr. Fernandez after the high-profile arrests resulting from his tips. “One green card is too low a price for the risks that I took.”

Texas, New Mexico and Arizona currently use the following method to legalize illegal immigrants: an undocumented immigrant collects information on where illegal immigrants live and what they do. When there is enough information, Immigration and Customs Enforcement (ICE) organizes raids on small businesses, private homes and other places where illegal immigrants live. As a result of these raids, hundreds of people are sent to deportation prisons and their employers are slapped with enormous fines.

It has long been known that ICE raids cannot take place without the help of undocumented immigrant informers. The immigration agency's policy in this regard is simple: give a green card to one undocumented immigrant in order to arrest and deport hundreds.

“We welcome any information regarding the location and activities of illegal immigrants,” said Glen Romero, head of the ICE office in Tennessee. "It is the duty of legal residents to report illegal immigrants. If you are an illegal immigrant, then this is your chance."

Naturally, an undocumented immigrant is unlikely to risk working directly with the ICE. Almost all undocumented immigrants who have "exclusive" information for government agencies first reveal it to a lawyer, who will then meet with representatives of the judicial system or the immigration agency to get a feel for the chances of his client being granted a green card for "opening his mouth."

In Iowa, 50-year-old Peter Henger, an undocumented immigrant from South Africa, sold prosecutors information about corrupt police officers. One of Mr. Henger’s friends once told him that police officers allowed drug dealers to sell amphetamines near his house. Mr. Henger conducted his own investigation, took several incriminating photographs and proposed a deal to the chief of the police department – a green card for information. The judicial process lasted for a year-and-a-half. As soon as the officers were behind bars, he received his green card.

“Theoretically, an illegal immigrant can use all sorts of information for his own purposes,” continued Professor Headbay. "The most important thing is to figure out which agency would benefit most from this information. Broadly speaking, you could tell the Office of Alcohol and Tobacco Control about smuggled cigarettes and modestly request a green card for your help.”

Here’s another interesting fact. As we know, illegal immigrants who marry U.S. citizens are issued a green card after completing two difficult interviews with immigration officers. Many undocumented immigrants in this position prefer to skip this process and obtain a green card by informing on their spouses.

This is not about victims of family violence or infidelity. For example, all a wife without papers has to do to show that her spouse is dishonest is provide proof that he does not pay his taxes in full, that he drinks frequently, that his does not fulfill his marital duties, that he curses.

There was a case in North Carolina of a wife obtaining a green card based on the fact that her husband was a Communist and collected all kinds of socialist knick-knacks. Lawyers for this victim of a closet Communist were able to prove that the husband's hobby had caused his wife extreme psychological distress. Notes from the psychiatrist, whom the wife could visit for no reason in particular, finally convinced investigators that the husband was a "Communist tyrant." As a result, the wife was issued a green card.

The following conclusion can be drawn: Any undocumented immigrant who possesses incontrovertible or circumstantial evidence of another person's (group of people, company, organization, small business, etc.) guilt can count on the reward of legalization. The United States has long been a nation where informers are practically made into national heroes. This is why even a hardened, but repentant, criminal can obtain a green card.

 

In News section of Edition 319: 1 May 2008

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