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Enhanced Background Checks Here to Stay

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Will CARRP ever go away?

Hi, I’m Jim Hacking, immigration lawyer practicing law throughout the United States at our office here in St. Louis, Missouri, and in San Diego, California. Don’t forget that. CARRP. So, that’s the Controlled Application Review and Resolution Program. This is a program that started under President Bush and has survived President Bush, the younger one. In 2008, CARRP, the Controlled Application Review and Resolution Program was put into place. It was an inner agency program designed to slow down immigration to the United States, by people from predominantly Muslim countries. And one of my old clients, [Fuzil 00:00:40], asked if I believe CARRP will go away under President Biden. And the thing is, I don’t think CARRP is ever going to go away. I think there will always be some form of it. In the old days before we had CARRP, they just called it background check. And it might not just be people from predominantly Muslim countries, but there are always going to be situations where USCIS holds some people to a higher standard.

I’m not saying that’s fair. I’m not saying that’s legal. I’m just saying that that’s sort of reality. So right now, there’s a case that’s been litigated for about three years in the federal court in Washington state. It’s called Wagafe. That’s how I say it. I don’t know if I’m even saying it correctly. W-A-G-A-F-E. And that case is challenging the legality of CARRP. And I have tried twice myself to file class actions to strike down these background checks or CARRP or whatever. And I gave up doing that because I came to the conclusion that I’m much better off trying to help my clients one by one, get their case out of CARRP and to get it approved. I don’t see USCIS, even if they lose that case and even if the judge took the extraordinary step, which I don’t necessarily know that they’ll do, to strike down CARRP and to order the government agencies that are implementing CARRP to stop doing it.

I still think they’ll come up with another program, another way. They’ll call it something else. They’ll do it on the sly. They’ll do it secretly. But I think that there are always going to be some cases that get treated differently, some cases that are held to a higher standard. So even if that court in Washington state, in federal court in Washington, does away with CARRP, I think there will just be CARRP 2.0. They’ll call it something else. Enhanced security, enhanced vetting, whatever. There’s always going to be a place for lawsuits. There’s always going to be cases. There are always going to be cases that get delayed longer than others. And so, I don’t anticipate stopping filing lawsuits anytime soon. I think these kinds of programs are here to stay, especially in the security type state that we live in these days. So, not saying it’s fair, not saying it’s legal, not saying it’s ethical.

Just saying that it’s probably here to stay in one form or another. So, [Fuzil 00:02:50], hope that helps. If you guys have questions about CARRP or enhanced security, give us a call at (314) 961-8200. You can email us at infoandhackinglawpractice.com. Be sure to join us in our Facebook group, which is called immigrant home. If you liked this video, we ask that you please share it out on social and subscribe to our YouTube channel so that you get updates whenever we make videos just like this one. Make sure to find us on Instagram at Hacking Immigration Law, LLC. And then finally, every Tuesday and Thursday, or most Tuesdays and Thursdays from noon to one central, we will be live in the Facebook group and on Instagram and on YouTube, answering all of your immigration questions for a full hour. Thanks a lot. Have a great day.

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