By Michael W. Cutler
July 26, 2021
Most news coverage about immigration focuses on aliens who seek to enter the United States by running to the southern border of the United States. Make no mistake, that dangerous border must be secured, but the Biden administration has refused to accomplish that vital goal.
However, as I have noted on many occasions, including when I have testified before Congressional hearings, our nation has fifty border states, not just the four that lie along the U.S./Mexican border.
Additionally, aliens who enter the United States through ports of entry by lying in their visa applications are committing a serious crime, visa fraud, a crime that is defined in 18 U.S. Code § 1546.
On July 24, 2021 the New York Times reported, U.S. Moves to Drop Cases Against Chinese Researchers Accused of Hiding Military Ties. The subtitle of that report noted, The arrests were part of a Trump-era initiative aimed at curbing Beijing’s efforts to steal intellectual property, corporate secrets, and military intelligence.
Here is how the New York Times article began:
WASHINGTON — The Justice Department moved this week to drop cases that it brought last year against five visiting researchers accused of hiding their ties to China’s military, prompting questions about the department’s efforts to combat Chinese national security threats.
The department filed motions on Thursday and Friday to dismiss visa fraud and other charges it brought last summer against the researchers as the Biden administration grapples with holding Beijing accountable for its cyberattacks and its harsh crackdowns in Hong Kong and in the far western region of Xinjiang. The dismissals also come as the State Department’s No. 2 official, Wendy R. Sherman, is to meet in the coming days with Chinese officials in Tianjin, China.
The article also included this excerpt:
The arrests were part of a spate of cases last summer involving researchers and academics who had ties to China as the Trump administration aggressively sought to curb Beijing’s efforts to steal intellectual property, corporate secrets, military intelligence and other information it could use to expand its global influence. At the time, the United States ordered China to close its Houston consulate, accusing it of being a hub for “massive illegal spying and influence operations.” China denied the allegations and retaliated by forcing a U.S. consulate in Chengdu to close.
It is noteworthy that the New York Times would question why the Biden Justice Department would drop criminal charges concerning visa fraud against alleged Chinese spies who were charged by the Trump Justice Department.
It is disheartening and, indeed, disconcerting that the Biden administration is adding this action to other wide-spread actions that undermine the integrity of the entire immigration system, thus undermining national security, public safety, and public health.
According to the NY Times article, the Biden administration has claimed that among the reasons for dropping visa fraud charges in this case is the supposed fact that visa fraud carries a penalty of one year in prison and that the defendants had already been held for nearly one year.
That statement is a demonstrable huge lie.
Under the provisions of 18 U.S. Code § 1546, an alien who lies on a visa application faces a maximum of five years in prison unless that individual commits that fraud in conjunction with terrorism, drug trafficking, or other crimes. In such cases the alien may face up to 25 years in prison.
Perhaps the Biden administration will next issue a press release claiming that the visa fraud charges against the alleged spies were dropped because China has promised to return America’s stolen secrets!