Donald and the 5 Million Dollar Golden Ticket

 

Last night  President Donald Trump  announced his proposal to establish a Gold Card for immigration.  For the low, low cost of five million dollars an immigrant will have a path to citizenship.  

Because as we all know, five million dollars is a low bar, nearly every American has at least that much in the bank.  Why wouldn't a refugee, fleeing persecution in his own country,  living in a tent, no home, very little to eat,  also be in possession of five million dollars?  

The rising billionaire class wants a path to citizenship for their wealthy friends and Donald Trump, man of the rich people, is going to give it to them.  The question is can he legally do that?  Under the current law, he actually can do this, most likely through an Executive Order to his Attorney General but there is a catch.  The United States would have to give it back upon the Alien's permanent departure from the United States, with interest.

Under Title 8,  Chapter 12, SubChapter II states that an otherwise inadmissible alien can be admitted into our fine country if they provide a bond or other surety to the satisfaction of the Attorney General of the United States.  However, once a naturalized citizen, or permanently departed from either the country or life itself, the bond or other surety must be returned.  Oh, I don't think President Trump will be happy with that.  I think he wants to keep the five million dollars.

Here is the current and prevailing law on the matter: 

§1183. Admission of aliens on giving bond or undertaking; return upon permanent departure

An alien inadmissible under paragraph (4) of section 1182(a) of this title may, if otherwise admissible, be admitted in the discretion of the Attorney General (subject to the affidavit of support requirement and attribution of sponsor's income and resources under section 1183a of this title) upon the giving of a suitable and proper bond or undertaking approved by the Attorney General, in such amount and containing such conditions as he may prescribe, to the United States, and to all States, territories, counties, towns, municipalities, and districts thereof holding the United States and all States, territories, counties, towns, municipalities, and districts thereof harmless against such alien becoming a public charge. Such bond or undertaking shall terminate upon the permanent departure from the United States, the naturalization, or the death of such alien, and any sums or other security held to secure performance thereof, except to the extent forfeited for violation of the terms thereof, shall be returned to the person by whom furnished, or to his legal representatives. Suit may be brought thereon in the name and by the proper law officers of the United States for the use of the United States, or of any State, territory, district, county, town, or municipality in which such alien becomes a public charge, irrespective of whether a demand for payment of public expenses has been made.

(June 27, 1952, ch. 477, title II, ch. 2, §213, 66 Stat. 188 ; Pub. L. 91–313, §1, July 10, 1970, 84 Stat. 413 ; Pub. L. 101–649, title VI, §603(a)(8), Nov. 29, 1990, 104 Stat. 5083 ; Pub. L. 104–208, div. C, title III, §308(d)(3)(A), title V, §564(f), Sept. 30, 1996, 110 Stat. 3009–617 , 3009-684.)

President Trump will either have to change Federal Law, or simply ignore the law and continue on his lawless quest to establish a monarchy.  The entrance fee to his Majesty's Kingdom?  Five million dollars.

Honey, go get my piggy bank.