A new policy enacted by the Biden administration is bringing an end to the requirement for deported illegal aliens to wait outside the U.S. for up to 10 years before applying for legal entry into the country.
Citizenship and Immigration Services (CIS) was previously permitted to deny applications for legal residency under what was called the “three-year/ten-year rule.”
Under the rule, anyone who resided illegally in the U.S. for between six months and one year had to wait outside the country for at least three years to apply to reenter legally. Those who had been in the U.S. illegally for more than one year faced a ten-year waiting period.
Biden’s Department of Homeland Security has issued a new policy declaring that an applicant’s “location during the statutory 3-year or 10-year period and the noncitizen’s manner of return to the United States during the statutory 3-year or 10-year period are irrelevant for purposes of determining inadmissibility.”
Former George W. Bush administration CIS chief Emilio Gonzalez described the new Biden policy as being like the “don’t ask, don’t tell” Clinton administration policy about sexual orientation in the military. He said that it is “sheer craziness” that CIS will no longer ask where an applicant has been during their “inadmissible period.”
Former Trump administration CIS director of policy Robert Law told reporters that the new policy amounts to an invitation to deported illegal aliens to pay the Mexican cartels to smuggle them back into the U.S. while they wait for their inadmissible period to expire.
As long as an illegal alien does not come to the attention of Homeland Security while they are still inside their waiting period, they will enjoy a free pass for all of the time they resided in the U.S. illegally.
NumbersUSA vice president Rosemary Jenks said that allowing illegal migrants to sneak back over the border without “losing their place in line” removes any incentive to wait outside the U.S.
Jenks said that the policy runs directly against federal law making illegal reentry after deportation a felony, counteracting the entire purpose of the waiting period statute. She also noted that the new policy might violate the federal Administrative Procedure Act, which typically requires a period for public comment before most policy changes are adopted.
The new policy is designed to apply retroactively. As a result, aliens who have been previously denied legal residency can file paperwork to have their cases reopened for approval.