A man accused of raping a woman on a Philadelphia SEPTA train has been in the US illegally for several years and should have been deported.

He is an illegal Congolese immigrant with past sexual abuse and drug arrests in the U.S. that should have been reason to deport him. He should have been deported in 2015 when his student visa expired and then when he was arrested in the years following. A judge didn’t deport him because the judge didn’t deem a crime he committed to be a “serious crime.”

He is one of thousands of other visa overstays (see below) who never leave the US.

Alleged rapist Fiston Ngoy, 35, randomly raped a woman for more than 30 minutes, and police report that passengers ‘filmed it’ but did nothing.

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After over two dozen stops, one off-duty transit worker intervened and called for police help. Ngoy was arrested and charged with raping a woman in public in Philadelphia.

What makes matters worse is Ngoy claimed the rape was consensual.

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Upper Darby Police Superintendent Timothy Bernhardt was stunned and said, ‘I have no words for it,’ and called the passenger’s lack of action ‘disturbing.’

The woman was taken to the hospital to be treated.

Local Fox 29 reports:

The visa overstay problem should be addressed and fixed. China has the most overstays in America, with nearly 15,000 in 2017 and almost 13,000 in 2018. The top five countries responsible for 44 percent of all student and exchange visa overstays are India, China, Saudi Arabia, South Korea, and Brazil.

According to Dan Cadman of The Center for Immigration Studies, America’s admission of very large numbers of international students and exchange visitors creates national security risks. The Department of Homeland Security’s annual overstay report warns that “student and exchange visa programs have the highest rates of overstays among all broad visa categories. In other words, those who come here on student visas are more likely to violate the terms of their visa and stay on illegally, contributing to our illegal immigration problem.”

President Trump had proposed a  fix for the overstay problem in September of 2020, and The Center for Immigration Studies report from 2019 suggested ways to fix the problem:

-Develop a permanent funding stream to provide ICE with resources more appropriate to the problem and threat. Enforcement actions must be boosted to meet higher annual goals, including more removals and more criminal prosecutions.

-Implement new ICE programs to improve compliance:

-Make contact with suspected overstayers, beginning with call-in letters;
-Send emails and texts before the expiration of the duration of stay to warn of consequences;
-Target investigations based on patterns and clusters of violators; and
-Locate, prosecute, and remove those who run fraud schemes and the visa holders involved in them.

-Mandate enhanced vetting for groups with disproportionate numbers of overstays, such as countries, categories, schools, and exchange programs. Consider disqualifying certain educational programs, such as public elementary and secondary schools, community colleges, and vocational schools, primarily if such programs exist in the applicant’s home country. Direct the State Department to issue fewer visas to nationals of countries with high overstay rates, informed by empirical data on overstays and other patterns. Develop a red-flag system for consular officers warning of suspect educational institutions or exchange sponsors.

-Amend the law to create sanctions or other consequences for schools and exchange programs (including third parties and recruiters) with poor non-compliance rates, including denying authorization to host international students. Condition I-20 authority on cooperation and information-sharing with ICE for compliance or investigative purposes — including public institutions in sanctuary jurisdictions.

-Allow imposition of expedited due process, including mandatory waiving of the right to immigration court proceedings after overstaying, as a condition of admission in specific categories.

A report from 2020 called attention to one scam by a Chinese national where thousands of students overstayed visas:

NBC Bay Area began its investigation following the arrest of Chinese national Weiyun “Kelly” Huang, the CEO of a company called Findream.
An indictment filed in federal court told how Huang allegedly used two companies, Findream and Sinocontech, to provide fake employment documents for more than 2,500 students with F-1 visas.

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