[ewkbej]

Will the ICE follow up (and act) on someone who committed perjury on their political asylum petition by falsely claiming they were persecuted as a Jew in their homeland?

[excon]

Hello e:

If they KNOW that someone did, of course, they'll act. But, your question isn't clear.. Do you mean will they investigate to find OUT whether the applicant lied? I'll bet they'll do that too.

They ARE cops, after all. They don't believe ANYBODY.

excon

[ewkbej]

I mean will they (ICE) view the case as serious enough to expend their resources investigating and prosecuting, given the current focus on terrorism. The person in question now has his US Citizenship, though the former INS documents clearly state that perjury is an offense, etc.

[excon]

Hello again, e:

You muddied the waters even further... If this happened some time ago, and NO investigation was undertaken, then I doubt one would be undertaken now.

If something has occurred, however, to cause them to revisit the case, there's no telling what they might do. But, I STILL can't tell exactly what you're asking about.

excon

[ewkbej]

Let me try again. A political asylum application was petitioned to the INS several years ago containing false claims of Jewish persecution by a non-Jew. This person had since obtained their green card through other means then gained citizenship. The perjury was what allowed him to be granted political asylum and stay in the US for several years prior to getting citizenship.

My question is, even though the perjury happened in the past, it is still perjury (complete with a sworn affidavit of manufactured tales of persecution), would ICE look into this case? And if so what would the possible ramifications be? (ie.: nothing, a monetary fine, jail time, stripping of citizenship and deportation, etc.) This is a legal question, but the moral injustice is that someone who is definitely not a Jew is using a precious placeholder for a genuine political asylum case to gain entry into this country illegally.

[excon]

Hello again, e:

That clarified it - somewhat.. But, I have more questions..

ICE has the information and has for a long time. They did nothing, or at least you don't know if they did anything. You're pissed. You think this person is taking the place of a person who is deserving where this person is not.

In the first place, I DON'T subscribe to your supposition that somebody has been denied entry because of this fraud.. We don't count people like that...

You speak of morals, but what give YOU the right to make life or death decisions over somebody else's life and family? You sound like an ex wife or a disgruntled business partner - NOT an altruistic citizen. What is YOUR relationship to this person? What harm befell YOU because of this? Or are you just a nosy outsider? Where is it MORAL to snitch?

Do you wish to clarify further?

excon

[ewkbej]

Let's keep it focused on the legal issues, I believe this category is criminal law, not moral ethics. You are not obliged to answer the questions, so don't assume what the motives are as that is inconsequential to the question.

There are laws in this country and penalties for breaking them. I don't believe that ICE did a thorough background check on this person's claims at the time. Simple question, would they revisit it.

[excon]

This is a legal question, but the moral injustice is that someone who is definitely not a Jew is using a precious placeholder for a genuine political asylum case to gain entry into this country illegally.

Hello again, e:

You brought up the moral issue.. We're done here.

excon

[ScottGem]

The answer to your question is we don't know. We don't work for ICE, we don't know their requirements or caseloads. We don't even know if Statute of Limitations is involved.

So we can't answer the question of will they follow-up. What we can say is that if it is reported to them, then they will give the circumstances consideration.

[Fr_Chuck]

Since the application was not approved ( you stated that they got citizenship though another method) It is possible that they found out of the "untruth" and denied. Many applications are denied for non truths.

So one would have to know if their investigation proved any untruth at the time.

Next since the application was never approved, then I believe a SOL would apply so it depends on how many years, if the application has been approved and used, then a argument of ongoing criminal offense may be considered ( perhaps)

Of course the issue of perjury is honestly not taken as serious and direct, since for example, a criminal on trial, will always testify they did not do it, that they were somewhere else, when found guility, no additional charge of perjury is done, Even witness for defense are seldom ever charged when they lie on the stand in defense of someone.

Due to the large work load and the fact this perjury ( would have to be proved as such and then would have to be charged in court criminal court) would take man power and money, and the person already gained citizenship,

While it is just a guess, my guess is they would made a report, and file it away,

But until it is reported it is all but guesses.