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The Extremes of ‘Prosecutorial Discretion’ in the Immigration Context

While the Biden administration has used the general idea of “prosecutorial discretion” to allow millions of illegal aliens to cross our southern border with only the nominal need to report to a court years later, it has, in one notable case involving a Chinese national involved in a massive Ponzi scheme, jailed the suspect on the grounds that he left a line on a visa application blank.

While I have no sympathy for Jianxiang Shi, he is getting the Al Capone treatment in spades. He is in the federal penitentiary awaiting trial for filing an incomplete application for a B visa. One of the things you are supposed to do is to list your citizenships, easy enough for the vast majority of humans who have a single one. Shi, however, is a citizen of China, St. Kitts (in the Caribbean) and the Republic of the Marshall Islands (in the Pacific). His application for the tourist visa just listed the first two, and not the third.

Part of his defense is that he does not speak English; another part is that the people who filled out the forms cannot be found.

”Fraud!” yelled the feds as they popped him into jail. While some might regard Shi’s failing in this specific case as about as evil as forgetting to put your middle name on your driver’s license application, the feds think about it differently, saying he lied on two visa applications by not including the Marshall Islands on his form.

There are two back stories here:

  1. Some nations, often island nations, make money by…

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