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HOW “CATCH AND RELEASE” WORKS

Roger Ogden, April 2, 2019

HOW “CATCH AND RELEASE” WORKS


Catch and release is the process by which alleged “refugees” surrender to the Customs and
Border Patrol (CBP) agents and then are released within a few days. The key to “catch and
release” is that a minor has to be involved. This is the famous “loophole” in the law, that
fraudulent asylum seekers exploit in order be released very quickly into the US, when they
bring a minor with them to use as a get-out-of-jail-free pass. It leads to mass abuse and
exploitation of children by adults who want to gain easy entry into the US.
Hundreds of fraudulent asylum seekers are being released into the US every day, not just when
a large caravan has recently arrived at the border. They come every day in many small groups
all along the southwestern border, but this continuous flow does not make news.
Persons who want to wait at the Port of Entry for an initial interview are added to a normally
very long waiting list and may have to wait many weeks or months for an interview. When
their turn comes they are given a “credible fear” interview.
Others do not wish to wait for such a long time can simply cut in line. They just cross the
border illegally, surrender to the nearest Border Patrol agent and say they want to claim
asylum. They are also given a credible fear interview without having to wait for weeks and
months in Mexico. Such asylum seekers are not prosecuted for crossing illegally.
A credible fear interview has a very low standard of proof and everything presented by a would-
be asylee in the interview does not have to be verified. The law requires that the facts be
verified “if possible”. The standard of proof is “more likely than not” and the judgment
depends on the opinion of the interviewer, not on thorough vetting of the facts. The applicants
for asylum are generally coached on what to say to pass the interview.
These are some approximate statistics, according to DHS secretary Nielsen. You can view
relevant excerpts from Nielsen’s congressional testimony by clicking here.

 Only 20% fail the easy, low-bar credible fear interview


 About 40% never file an asylum claim with a court
 About 40% file an asylum claim with a court
 Only 10% actually are eventually granted asylum by a court
 Nielsen testified that there is a huge problem with asylum fraud
The Flores Settlement Agreement was an agreement between the Supreme Court and Clinton’s
Attorney General, Janet Reno. It requires minors and their accompanying immediate family to
be released from detainment within 20 days when government-approved facilities are not
available for housing the minor. The term “minor” is defined in as anyone under 21 years of
age at the time the initial asylum claim in 8 U.S. Code § 1158. Asylum, paragraph (b)(3)(B).
HOW “CATCH AND RELEASE” WORKS
Roger Ogden, April 2, 2019

The FSA is not a law passed by Congress, but an executive agreement with the Supreme Court,
that is, Supreme Court case law. According to the above Wikipedia page, the Trump
administration requested a change, but was denied by the court. The court ruled that Congress
would have to pass a new law to change the FSA.
Others who are not minors or are nor accompanying minors can be held in detainment until
their asylum request is granted by a court. For that reason, few adults claim asylum, if they do
not have a child with them. Those persons are much more likely to cross the border in the
traditional, illegal way, trying to avoid arrest by the Border Patrol.
Those who are never granted asylum by a court and are released into the US, generally
disappear into the US to live and work illegally, if not deal drugs and do other crimes. A
deportation order is issued, but the current rate of deportation is very low and chances are
small that any such persons will ever be deported.
When released the “refugees” receive authorization to live legally in the US for up to one year,
the time allowed to file an asylum claim with an immigration court. Those who actually file a
claim have their legal residency extended until their claim is adjudicated, which can take three
years, because there is a huge backlog of cases. They can request a work permit via the court.
To send non-Mexican-citizen asylum applicants back to Mexico requires the US to negotiate a
“safe third country” agreement with Mexico according to the 8 U.S. Code § 1158. Asylum,
paragraph (a)(2)(A). Such an agreement, called the “Remain in Mexico” agreement with Mexico
does not apply to minors, because Mexico refused to accept their return. So, only a small
number of adult applicants are sent back to Mexico to wait for their case to be decided.
Most of those, who exploit this loophole in the law, are currently Central Americans, but there
is no reason it has to be limited to that category. A smaller number of people from all over the
world are already doing it, as well. For that reason, the number of people who can cross this
way is virtually unlimited, as long as they can reach our border with a minor in tow. The
number of asylum fraudsters could grow to even much greater numbers than at this time. For
this reason, it is very important to stop it now.
Another Supreme Court ruling that requires the release of persons illegally in the US of any age
is Zadvydas v. Davis. This decision requires the release of those who cannot be deported to
their home country after six months.
NOTE: Even though a lower, federal court has refused to overrule the FSA, the president is a co-
equal branch of government. The Constitution puts a higher duty on him to protect the country
from foreign invasion. At some point, when a Supreme Court decision leads to a kind mass
invasion of the Nation, it has to be considered, whether the President should not just ignore
this decision and act independently and directly to stop this mass fraudulent invasion, by
foreigners. Previous experience has shown that about 90% are not qualified for asylum, yet the
great majority are quickly released into the US.