achor babies were legally abolished in the 1990's with the immigration reforms signed by clinton under the republican congress.
This article is 100% BS.
This concept is old.
Same as with babies being born on ships.
Folks watch out for this type of sympathy BS article.
The parents can "apply" but they will be sent back and the child with them. It can return without the parents at 18.
If these air mexico travelers did not have their proper visas, the airline can be fined REGARDLESS OF THE ULTIMATE OUTCOME OF THE APPLICANTS.
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In re Air India Airlines Flight No. AI 101
File NYC 932639 - New York
Interim Decision #3388
U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals
Decided May 4, 1999
A carrier is subject to fine under section 273(a) of the Immigration and Nationality Act, 8 U.S.C. § 1323(a) (Supp. V 1993), for bringing an alien passenger without proper documents to the United States even though the alien passenger is a lawful permanent resident who was subsequently granted a waiver under 8 C.F.R. § 211.1(b)(3) (1994).
Jonathan A. Fuchs, Esquire, Brooklyn, New York, for carrier
Karl D. Klauck, Acting Appellate Counsel, for the Immigration and Naturalization Service
Before: Board Panel: HOLMES, HURWITZ, and VILLAGELIU, Board Members.
HURWITZ, Board Member:
In a decision dated November 5, 1993, the acting director of the Immigration and Naturalization Service National Fines Office ("director") imposed an administrative fine in the amount of $3000 on the carrier for one violation of section 273(a) of the Immigration and Nationality Act, 8 U.S.C. § 1323(a) (Supp. V 1993). The carrier appealed from that decision. In a decision dated April 2, 1997, the Board sustained the appeal and remanded the record for further proceedings. In a decision dated September 5, 1997, the director denied the carrier's request for remission. In an order dated March 1, 1999, the Board accepted jurisdiction of the
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appeal by certification pursuant to 8 C.F.R. § 3.1(c) (1999). On March 8, 1999, the carrier requested oral argument. The appeal will be dismissed and the request for oral argument is denied.1
I. BACKGROUND
The carrier brought the above-named alien passenger to the United States from India on August 17, 1993. Although the alien passenger was a lawful permanent resident of the United States, she did not have an Alien Registration Receipt Card (Form I-551) or reentry permit in her possession when she was presented for inspection. The passenger was determined by the Service to be a national and citizen of India and a lawful permanent resident of the United States. Subsequent to her arrival, she was granted a visa waiver on Form I-193 (Application for Waiver of Passport and/or Visa) pursuant to 8 C.F.R. § 211.1(b)(3) (1994). On August 24, 1993, the district director issued a Notice of Intention to Fine under Immigration and Nationality Act (Form I-79), in which he alleged that the carrier was liable for a $3000 fine under section 273 of the Act for bringing an alien to the United States from India without an unexpired visa or reentry permit.
In correspondence dated August 16, 1993, the carrier disputed that fine liability existed because the alien passenger was granted a waiver under 8 C.F.R. § 211.1(b)(3). In its submission the carrier admitted that when the alien passenger boarded the plane in Bombay, India, on August 17, 1993, its agents permitted the alien passenger to board the flight in question after having processed the alien as a native and citizen of India and a lawful permanent resident of the United States who was in possession of a valid passport but not in possession of an immigrant visa or documents in lieu thereof pursuant to 8 C.F.R. § 211.1. The carrier claims, however, that because the alien passenger was subsequently granted a waiver under 8 C.F.R. § 211.1(b)(3), no fine liability exists, as the alien was not required to possess a visa as a result of the waiver. The carrier cites Matter of Plane CCA CUT 532, 6 I&N Dec. 262 (BIA 1954), and Matter of Plane "CUT-604", 7 I&N Dec. 701 (BIA 1958). In those cases it was held that a carrier is relieved of fine liability under section 273 of the Act for bringing an immigrant to the United States without a proper visa where such person is admitted under the authority of a published regulation and
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the regulation provides in express terms that a visa is not required when a waiver is granted.
After consideration of the carrier's arguments, the director found that fine liability did exist and imposed a $3000 fine on the carrier on November 5, 1993. On appeal, the carrier renews its arguments that it is not liable for a fine when a waiver has been granted to the alien under 8 C.F.R. § 211.1(b)(3).
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