No matter how many people claim to be well informed and skeptical of the MSM, this week’s outrage over illegal alien children being separated from illegal alien adult guardians proves the lie to their claims. To hear the MSM (and many of the well-intentioned, but easily led astray sheep) tell it, the Trump administration has engaged in the most despicable act against migrants in recorded history. They first tried this tack a few weeks ago, when a slew of “journalists” shared the above picture on social media. What they failed to mention at the time was that the picture is four years old and depicts the way the Obama administration treated the illegal alien children of illegal alien adults. Say what you want about Trump (he is certainly an immigration hard-liner), at least his administration hasn’t taken to putting children in dog kennels. Caught in their lie, within 48 hours the scurillous dogs were forced to recant. But they only regrouped and freshened their assault.
The other thing they won’t mention is that this has been the policy of every administration dating back to that Bill Clinton. There’s a very good reason for this, and no, it isn’t because anyone thinks the kids are carrying backpack bombs.
It’s because it is what the law requires.
The President and his media critics are both guilty of dissembling here. There is no individual law that requires children caught entering the country illegally be separated from their parents. Rather, it is the result of several individual laws and court precedents that require being detained separately.
The United States is no stranger to crime waves. What made the crime wave of the late 1960’s and 70’s different than prior crime waves was the ages of many of the suspects. The number of juveniles arrested for felonies skyrocketed, straining the resources available for detaining juveniles prior to adjudication of their cases or even bail hearings. At a loss, many jurisdictions began housing these juveniles in adult detention centers, usually (but not always) in a segregated unit. Most Americans were shocked and appalled at the thought and in 1974, Congress amended 18 USC 5035 to require that juveniles not be held with adult prisoners:
The Attorney General shall not cause any juvenile alleged to be delinquent to be detained or confined in any institution in which the juvenile has regular contact with adult persons convicted of a crime or awaiting trial on criminal charges. Insofar as possible, alleged delinquents shall be kept separate from adjudicated delinquents.
So here we have the first stage of the current problem: we’ve had a law on the books for 44 years now that strictly precludes housing children accused of an illegal act with adults accused and/or convicted of an illegal act.
But is entering the country without advance permission from the federal government a crime? I mean, we’ve all heard the mantra “People are not illegal!” Well, actually – yes. 8 USC 1101 defines who is, and is not, permitted to gain entry into the United States. 8 USC 1325 makes it quite clear what the penalties are for entering the country without permission:
Any alien who enters or attempts to enter the United States … shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.
Despite all the liberal caterwauling about gaining illegal entry to the country being a civil offense, this statute is black-letter law defining that act as a criminal offense. Yes, a subsequent section of the statute does allow for the imposition of civil penalties (specifically, a fine of $50 to $250). But the act of entering the United States by persons not permitted entry is an illegal act (hence the term, “illegal alien”) and we have the second piece of the puzzle.
As noted above, juveniles held on suspicion of an illegal act (such as entering the country with out prior authorization) cannot be held in the same facility as adults held on suspicion of illegal acts (such as entering the country without prior authorization). By statute, both the accompanying adult and the child are guilty of the same offense. By statute, the children cannot be held in the same facility as the accompanying adult. By statute, they must be separated.
“But wait!” your liberal friends cry. Can’t we just release the parents and kids on their own recognizance? Or send them back across the border to await an immigration hearing? This is where things get a bit murkier. For starters, Congress decreed in 8 USC 1225 different classes of illegal aliens. The liberal media loves to focus on those whose country of origin is in the Western Hemisphere, but does not share a border with the United States, and is applying for asylum. Conservative media focuses on those from Mexico. Nobody talks about the fact that over half of illegal aliens are from the other half of the planet. Yet, under this statute each is a distinct class of alien – and each has separate procedures for immigration hearings. And this is only a few of the more than a dozen distinct alien classes established in law.
As for those procedures, they are established under 8 USC 1229a. In some cases, a hearing before an immigration judge is required. In others, an asylum officer. In some cases, an ICE or Border Patrol agent can unilaterally decide to deport a detainee.
So, we’ve established summarily deporting illegal aliens is not permissible under US law and that the vast majority of illegal aliens are due some form of immigration hearing. We’ve also determined that the law requires detaining them for said hearing. But why can’t we detain them, issue them bail and send them on their way, hoping they’ll appear for their hearing? A little more history is in order here.
18 USC 3142 is the federal statute regarding bail and pretrial detention. Paragraph (b) defines the classes of person who should be held without bail:
(1) such person—
(A) is, and was at the time the offense was committed, on—
(i) release pending trial for a felony under Federal, State, or local law;
(ii) release pending imposition or execution of sentence, appeal of sentence or conviction, or completion of sentence, for any offense under Federal, State, or local law; or
(iii) probation or parole for any offense under Federal, State, or local law; or
(B) is not a citizen of the United States or lawfully admitted for permanent residence, as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)); or
(2) such person may flee or pose a danger to any other person or the community;
This particular piece of law has been fraught with controversy over the years. It’s application to immigration law is no different. In 1994, Lithuanian immigrant Kestutis Zadvydas (who had been granted residency) was ordered deported for a felony conviction. However, the three other countries where he might have been sent refused to take him (after all, dude was a bad apple) and he wound up languishing in prison with no hope of being released. In 2001, the Supreme Court ruled that the section of 8 USC 1231 which provided for indefinite detention of legal aliens awaiting deportation was in violation of the Constitutions 5th and 8th Amendments.
It was a controversial decision at the time. It is the basis for what has been termed our “catch and release” policy of granting illegal aliens a bail hearing and never seeing them again. Indeed, within the first three years after the ruling, USCIS was forced to release 134,000 aliens convicted of other crimes. It’s estimated another 56,000 have found a sort of limbo asylum in the US since then, as the Bush administration USCIS determined that even though Zadvydas did not specifically apply to illegal aliens it was better to broadly interpret the ruling.
But that administration did not entirely give up the idea of deporting illegal aliens who, despite not being in the country legally, commenced with committing other crimes. In 2004 USCIS ordered the indefinite detention of Alex Rodriguez, a Mexican national convict. It was this application of law that led the Obama administration in 2013 to implement the policies that led to the above picture. It that application of law that the Trump administration has been dutifully following since assuming office.
The case of Jennings, et al v. Rodriguez, et al was first heard (and defended by the Obama administration) in 2016. The justices deadlocked. It was then re-heard in 2017, this time with the Trump administration defending. In February of this year, the Supreme Court ruled that illegal aliens do not have the right to bail and may, in fact, be detained indefinitely.
Which brings us back to where we started. Anyone entering the country is breaking the law. Our laws demand that children crossing the border be removed from their parents and held separately, and further can make that separation permanent.
We can debate until our faces are blue on the morality and necessity of such laws. Given our history with immigration, we probably will. And given the media’s fascination with conveniently forgetting how 35 years of immigration law and jurisprudence have shaped this situation, I’m pretty certain that the Trump administration will continue to be unfairly browbeaten about it. At least until next week, when another scandal will be created and sensationalized.
My daddy always told me that only fools complain without having a solution. Ok, he used more colorful language – after all, he was a Navy man. But this is the PC version of some rather sage advice.
I mention this since day before yesterday I wrote a bit about my frustration (and based on the responses I’ve read, yours as well) with Congress’ unwillingness to actually do anything about immigration, or DACA, or the budget, or pretty much anything else. But I’m following my daddy’s advice. Now, you can say I’m as mad as a hatter. In fact, I’m pretty sure some (if not all) of you will think so by the time we get to the end of this. Then again, if you’re following me here (or on Twitter or Facebook) you probably already think I have a screw or two loose, so what have I got to lose?
First up, these are all separate issues. Stop the grandstanding. Please. The fate of illegal aliens brought here as children is not related to how much we pay our servicemen. How many people we let in (and how we decide who those people are) has nothing to do with kids brought here when they belonged somewhere else. Trust me on this. How many people are employed by the EPA (or even if there should be an EPA) is a completely different discussion from what to do about the roughly 8 million illegal aliens who wouldn’t be covered by some sort of “DACA fix.”
So, do the simple stuff. The House passed all twelve of the appropriations bills for this fiscal year last September. Pass those out of the Senate. That is entirely up to Democrats. If they ended their charade now, they could pass the current CR tonight, then spend the next month debating those appropriations bills and where there are differences with the House bills, go to conference to hammer them out. That is the “regular order” which liberals spent all last summer demanding the Congress return to, but have conveniently forgotten about now that they want to execute “leverage.” Have I mentioned recently what a bunch of hypocrites politicians are?
Second, stop pretending Congress can only work on one issue at a time. Or, if there are congresscritters who can only tackle one problem at a time, they need to retire immediately. Think about your job. How long would you be employed if you couldn’t do more than one thing a month? Oh, you would be looking for another job? Then why haven’t your fired your representative?
Of course Congress can address multiple issues at once. So while debating the appropriations bills, there is nothing stopping them from beginning real work on all those other issues.
And here’s my proposals around each of them.
The DACA program ends on March 5. So address that first. My position hasn’t changed since the President first announced he was ending the highly illegal program. Grant those who’ve applied to the program permanent residency. Allow those who have reached adulthood and lived here for at least ten years, without incurring a felony charge, to apply for citizenship immediately. Otherwise, it’s the same restrictions as for any other alien resident. See, that was simple.
Next, all other illegal aliens (or undocumented migrants, or whatever the term du jour happens to be): they gotta go. Again, my position hasn’t changed since I first wrote about this 4 1/2 years ago. And yes, proper and aggressive enforcement of our immigration laws will get the majority of them to self-deport. Nobody wants to live in a place where they can’t eat.
Our immigration system needs an overhaul for current times. The idea of “diversity visas” and lotteries is not just stupid, but asinine and awkward. For my less prurient readers, it’s like getting drunk, walking into a whorehouse, grabbing the first available girl, and going off to do your thing without wearing a condom. You’ll spend the rest of your life regretting that decision – and that’s if it didn’t kill you. We obviously can’t take everyone who wants to live here, but that gives us leverage. We can pick and choose, and we should pick the very best candidates. And we should have back-end enforcement of that selection process: anyone granted alien residency in the United States should be required to become a citizen within ten years of arrival – or they should be sent packing.
As an aside to that point – I can’t recall where I read it, or heard it, but there was a legal resident who said she would never become a US citizen, because she was proud to be Jamaican. I have no problem with her being proud to be Jamaican; it’s a beautiful island with some great people. But be a proud Jamaican in Jamaica. If you’re going to live here, then you need to be a proud American. That shouldn’t even be up for discussion. And anyone not willing to give up allegiance to their country of origin should not be granted residency here.
What this means in practical terms is ending the hodge-podge of work and travel visas that currently muck up both our immigration system and allow so many illegal aliens to stay here after their visa expires. No more H-1B or H-3N or any of that other nonsense. You can get a tourist visa to visit, or you can get a residency visa. Period.
Finally, there is the both the federal debt and federal deficit. We aren’t even in February yet, which means there is plenty of time to start working on these problems now, before the appropriations bills for FY2019 have to be ready. Before Congress gets to work on them this time, I would have them ask themselves one thing: if 40% of what the federal government does is “non-essential,” why is the federal government doing those things? Think about it. Our budget deficit is about $600 billion, on around $4.2 trillion of spending. A little math says the recently passed tax bill, assuming no increased revenues from economic growth, will add $180 billion to that deficit. A little more math says reducing federal spending by 40% would yield around a $900 billion surplus. That won’t get rid of the nearly $21 trillion federal debt, but it sure will put a serious dent in it.
Okay, that’s a lot for now, I realize. This ending the partisan idiocy that grips Capital Hill is enough to send your head spinning, but the solutions aren’t that hard. They certainly aren’t as hard as the heads of our congresscritters. But that’s where it’s up to you. If they won’t do the job, then it’s time to fire them all.
You get your chance (again) in November.
Well, THERE’S a headline I never thought I would see, much less write.
Unless you’ve been living on Mars for the past week, you might be confused by this topic. It certainly seems a great number of people who should know better – our politicians, our press and our pundits – are confounded, similarly to how a dog might wonder what his master is up to by having a bone yanked away just as he’s about to take a bite.
So a quick refresher course might be in order, both for those recently arrived from outer space and us more earthbound types.
On January 9, during what became an impromptu, hour-long televised bipartisan meeting on immigration matters in the Cabinet Room, the basic framework for granting amnesty to the roughly 800,000 “Dreamers” seemed agreed to. In exchange for amnesty, Democrats would agree to a $1.8 billion down payment on border security measures, which presumably would go towards further development of the border wall. Hammering out the long overdue overhaul to America’s immigration system would be fast-tracked after the budget was passed.
But in typical Washington fashion, nobody could long stand the positive vibes. Liberals immediately decried the border wall, Trumpkins decried the amnesty. And so…
On January 11, a new “Gang of Six’ (apparently, the old “Gang of Eight” atrophied in the bright sunlight the last time Congress attempted to tackle immigration) struck a deal that they simply had to know was going to be a non-starter with anyone politically left of California. In exchange for amnesty not only for “Dreamers,” but their extended families, granting permanent residency to everyone here under Temporary Protected Status and a couple thousand fewer lottery visas, the government would get $1.8 billion in border security measures.
The White House almost immediately announced their displeasure with essentially granting fully legal status to over 4 million illegal aliens. Which brings us to…
Can you say “verpiss dich?” No? How about “shithole” (or “shithouse,” depending on who’s interpretation of events you choose to believe)?
That evening, during a meeting with the Gang of Six and a few others, the President made his position clear: no more unfettered immigration from shithole (or shithouse) countries, which he loosely defined as being Haiti, El Salvador, and pretty much all of Africa. But not Norway.
And so, for four days now, any discussion of doing the actual work required of this Congress and the Executive branch – little things, like passing spending plans for the federal government and actually passing a realistic immigration plan and doing something about border security and doing something about entitlements and…
You get the picture? Instead of focusing on the real business of governance, we’re distracted by discussions of the President’s racial animus. (For the zillionth time, he isn’t a racist – but he is, as we all are, a prejudiced shithole. Deal with it.) And here’s the part that drives people like me nuts: any substantive discussion regarding immigration is immediately tinged with calls of “racism” by those opposed to anything other than fully open borders. All because the President uttered a rather crass epithet in describing a rather larger segment of the world.
Here’s what should be beyond dispute: there are large swaths of the globe in Africa, Asia, Central and South America that are, in the common vernacular, either outhouses or the holes located at the bottom of an outhouse. There isn’t one sane person who would describe Haiti, Gabon, Rwanda or Chad as a prime tourist destination. Nobody except a Jack Nicholson character would characterize Thailand, Libya, El Salvador or Venezuela as the kind of place where you would want to raise your kids (it’s a great neighborhood, Mr. Nicholson – on a good day, you can get three hours of electricity, the corner market will have toilet paper and the drug gangs will only take half your belongings!).
Here’s what should also be beyond dispute: not everyone from a basket case nation is themselves a basket case. Yes, the predominant population in those places isn’t
(the following statement will be too true for some of you)
what we want as new Americans. After all, if they were their countries wouldn’t be basket case outhouses. But some of those people are the sorts of folks we do want to come here, and those should be the ones we allow in.
****TRIGGER WARNING CANCELLED****
Merit has nothing to do with nation of origin or skin color. Conversely,
****TRIGG… oh, screw it
barring someone from, say, Haiti likewise has nothing to do with skin color, either. But the President’s remarks, which were in response to the asinine idea that the “temporary” in TPS now means the same thing as permanent in non-Washington speak, have been twisted, misconstrued, massaged and rebranded by both sides of the identity politics war into competing clarion calls.
That’s what all the teeth gnashing , thumb sucking and 140 character diatribes of the past four days have left us with. If you happen to agree with the President’s position that maybe, just maybe, a system that right now says if your homeland, which wasn’t in particularly great shape to begin with, get whacked with a hurricane, you get to stay here indefinitely, is off-kilter, you’re branded a racist. If you sort of wandered over the border, or maybe overstayed a tourist visa, a couple of decades ago, no biggie – you get to stay, too (why should our laws apply to you? You meant well)! If you think that a system that says we’re going to have immigration based on a lottery, where winning not only means you get to set up house here, but you can bring your mother, your brother, your great uncle and your second cousin thrice removed while we deny a software engineer residency is just a wee bit out of whack, you’re a racist. If you happen to think the systems in Canada, India, Japan, South Korea, etc, and so forth (all, by the way, “enlightened liberal” democratic societies) might be something we could learn from, you’re obviously a racist. Because those damned Canucks are totally racist, eh?
So, how do we get out of this miasma of non-productivity? I’d suggest the first thing to do would be for both sides to ditch to identity politics and identity politicians, pundits, journalists and all the rest of that diaspora. Al Sharpton, you gotta go. Same for you, Sean Hannity. Because so help me, if I hear one more idiot yell “I’m a proud black man!’ or type in all caps “I’M PROUD TO BE WHITE”, I just might lose it.
Speaking of identity politicians, if I see one more disingenuous congresscritter emerge from a private meeting fuming about language, I might just have to point them to their own past statements (bunch of hypocrites, the lot of ’em). Besides, ever listen to the tapes from the Kennedy, Johnson or Nixon Oval Offices? You would hear language that would make a Parris Island Drill Instructor blush. And Trumplicans don’t get a pass on this, either. Saying the President didn’t utter one epithet because he used a different cuss word is equally disingenuous. It was pure huckstering on both sides, and it had the desired effect. The status quo will remain for at least two more years. Congratulations! Washington has once again succeeded at doing the one thing it’s proven incredibly efficient at: creating new problems while ignoring the existing ones. It’s back to the ramparts, you plebes – fight the good fight and if the country burns in the meantime…well, at least I won reelection.
Since everyone else is weighing in on the issue of DACA, I figure I might as well, too.
First, although I am opposed to illegal immigration in general, I think this particular class (children raised in the US, although not born here or granted legal immigration status) merits special consideration. For the most part, these are people who didn’t choose to come to the United States. That decision was made for them while they were minors. When we’re talking about DACA, we’re talking about people who have been raised here and are American in every sense of the word – except legally. Moreover, there are at least 800,000 of them. There could be as many as 1.7 million.
Some have become high achievers in their chosen fields, some have served in the military with distinction, others are just ordinary folk, trying to find their way in this world. Yes, some are bad apples – as you can find in every demographic group. But it is a small minority, and they can be dealt with as any nation deals with crappy immigrants.
All that being said, I applaud President Trump’s decision to terminate the existing DACA program, and for one reason: our Constitution says immigration decisions are the responsibility of Congress, not the Executive. Before President Obama created the DACA program, he acknowledged (often) that any such executive action was unconstitutional. When he issued that executive order in June 2012, it was not his intention to make it a permanent fixture. The EO included a sunset period, since renewed twice. Obama had dual intentions; first, he wanted to try to force Congress to tackle immigration reform. Secondly (and cravenly), was his intent to shore up his support in the Latino community prior to the 2012 election. He failed on the first count, but succeeded on the second.
President Trump is, in large measure, copying the Obama administration’s playbook. By announcing that he is ending the program, but delaying enforcement for six months, he is attempting to force Congress to act and giving them a window of opportunity. At the same time, he is trying to reinforce his standing among his base by at least appearing tough on immigration.
So, are Trump’s chances of getting Congress to act any better than Obama’s were? First, there is the House leadership, which so far has demonstrated that it is extremely consistent in running from their own shadows. If they can be forced to address the issue, the chances of something happening are pretty good.
In fact, something could conceivably pass this week. Rep. Mike Coffman (R-CO) has had HR 496 pending for nearly 8 months, and it specifically addresses the DACA situation. Had the leadership scheduled it for a vote in the Spring or Summer, this issue would already be behind us. But, again, leadership is afraid of doing anything that might possibly bring about a challenge from the right, even if they personally support it. (Where I come from, we call that cowardice – but whatever). However, Coffman has about had it with the cowards in his party and is filing a discharge petition to force a floor vote. He might just get it, too. As of this writing, he was only 3 votes shy of forcing Speaker Paul Ryan’s hand.
That would be half of the equation, because as we all learned on Schoolhouse Rock, a bill has to pass both houses of Congress before it can be sent to the President’s desk. There is a companion bill pending in the Senate, S128. Unfortunately, the Senate leadership is as afraid of their shadows as their House counterparts (see: Obamacare repeal). So how could the bill make it’s way to the floor if Mitch McConnell decides to go into a corner and cower? Believe it or not, this is where the filibuster can be useful. Any senator who supports passage can tie the Senate in knots until S128 is voted on. This is the perfect time to engage in such tactics, too. In case you’ve missed it, virtually every fiscal matter facing the country needs to be addressed over the next 3 1/2 weeks. Even losing a day to a filibuster would seriously crimp on Mitch’s ability to get out and fundraise.
So yes, there is a better than 50/50 chance something finally gets done. In fact, if Congress wanted put the President on the spot, they could pass the BRIDGE Act, as is, ignoring the White House’s request to include border wall funding. But again, I doubt that happens. Congressional leadership is too cowardly to even consider it..
Bor•der [bawr-der] (n): The part or edge of a surface or area that forms its outer boundary; the line that separates one country, province, state, etc. from another, the frontier of civilization (courtesy Random House Dictionary).
It’s funny how “border,” a seemingly simple word with a clear definition, can rile up so many people. This isn’t one of George Carlin’s Seven Dirty Words either, although the reaction it generates in certain quarters would make you think it was. Sometimes, when I’m bored and need some entertainment, I’ll seek one of that crowd out and ask them why they refuse to recognize our national borders. The apoplectic rage with which the question is met, the incoherence of the replies and the visceral hatred exposed by the body language is almost humorous.
Mind you, I can understand why some groups find borders detestable. I can see why an illegal alien would rather chain himself to a bus rather than cross back over the border. The Catholic Church has never believed in national sovereignty. International businesses dislike tariffs almost as much as payroll taxes and unions are desperately in need of new members. Liberals hate anything that might actually be good for the country. Barack Obama needs a new distraction; after all, both Obamacare and the national economy remain unmitigated disasters.
But what perplexes me is the seeming disinterest the general public has regarding borders. I’m talking about the 70% or so of people who don’t generally pay attention to politics. If there was one issue that they should be interested in 100% of the time, you would think borders – and their security – would be it. After all, everyone is extremely interested in protecting their personal borders, right? We lock the doors to our houses, apartments and cars, we build fences and hedges around our property. Those of us who commute by mass transit quickly learn the unwritten rules regarding personal space and what happens when somebody crosses that border. We alarm our property, install security gates around communities and staff them with armed guards. We install expensive camera systems so we can watch for others crossing the borders around our property. As a society, we even have legal penalties for those who penetrate our personal borders, ranging from trespassing to breaking and entering. In most communities, if the legal resident kills a person who crossed their border, they are applauded as courageous.
Yet if anyone suggests those same measures be used to secure the national borders, they are met with scorn and ridicule. We’re told we should just accept illegal immigrants as new residents – even though if somebody just simply camped out in your front yard, you would do everything possible to get them off the lawn. We’re told the border can’t possibly be secured, although I bet ADT is just salivating at the chance to try it. We’re told posting armed guards along the border with shoot-to-kill orders is impractical, yet we use thousands of American troops to enforce that same standard along the North-South Korean border.
As a nation, we already spend over $34 billion to secure our personal borders. To secure the national borders in a similar fashion, the Congress has already approved $46 billion. But for some reason, most of the country remains blase when it comes border security. So, I have a solution. Make it illegal to provide any greater security for your person and property, than is in effect along the border.
After the general public gets tired of hosting a few dozen people for dinner every night, I suspect attitudes might change.
ONLY IN THE CONGRESS would as daft a piece of legislation as S.770 be called immigration reform.
This is not to say that our current immigration system isn’t in dire need of reform. Anyone who knows anyone who has tried to legally enter the country is well aware that our current system tends to be discriminatory and slow. It is full of arbitrary limits with neither rhyme nor reason. Capricious rulings from faceless bureaucrats rule the day.
Unrelated to the immigration system is the issue of border security. Everyone seems to recognize that our borders are as porous as cheesecloth. The Mexican border, in particular, has become a dangerous and unruly place. Mexican drug cartels have more control over the expanse of desert than our government, with numerous deaths to both US and Mexican citizens resulting from the insecurity. In the meantime, millions of Mexican citizens routinely cross over to the US without permission. Some return. Most do not.
These are not new problems. In 1986, we had our first go-round with “comprehensive immigration reform.” We granted immunity from prosecution or deportation to some 3 million illegal immigrants and we changed the criteria for obtaining visas, green cards and eventual citizenship for future immigrants. Included in the “comprehensive” solution was supposedly upgraded border security. I supported that effort, partly because I couldn’t see anyway to round up and deport 3 million people, partly because the border would be secured and partly because the path to legal immigration was made simpler for future immigrants. I felt it better to have those illegals legalized and paying taxes than using government services from governments they had no real stake in.
Yet, here we are some 27 years later and the same problems that existed before the 1986 legislation not only still exist, but are worse than before. We now have somewhere around 11 million illegal immigrants living in the US, the border is hardly secure, and the path for legal immigration is more cumbersome and frustrating than ever. The legislative response this time? A repeat of the 1986 legislative failure. For the life of me, I can’t see how anyone with more than three working brain cells can think this is appropriate.
And since the colloquial definition of insanity is doing the same thing over again and expecting a different result, I can’t see how anyone could look at the current legislation and not come away convinced that our Senators are insane.
As I mentioned at the top, I still believe our immigration system is in need of a serious overhaul. Not just a reform of the current immigration laws, but an all-out overhaul. If the Congress wants to strip down the current system and start from scratch, I’m fine with that. Heck, I would be really, really happy if they did that.
We also need border security. It should be a top priority and it shouldn’t be something that takes Congressional action to accomplish. After all, the Executive branch is responsible for maintaining border security. Yesterday, Sen. Lindsey Graham (a man quickly approaching Sen. John McCain for the “Most Senile Senator” award) told Chris Wallace that the border is “virtually militarized.” Well, that approach obviously isn’t working. I’m certain if the administration actually did militarize the border, there would be howls from the left. But I’m also certain that an infantry division patrolling the Rio Grande and another patrolling the Desert Southwest would be far more effective in maintaining border security than anything else we’ve tried thus far.
And we need to decide what to do with the 11 million people here without visas. I don’t think we’re any more capable of rounding up 11 million criminals today than we were capable of rounding up 3 million criminals 27 years ago. I don’t think they should be allowed to stay, either. I do think there is a very simple and cost effective way to have them return to their country of origin, though: deny them the means to live here. Make it impossible for them to work. Deny them the ability to rent a house or apartment. Deny them government services of any type. Give local governments the ability to turn over those here illegally to federal officials, and make it mandatory that anyone here illegally be immediately sent back home. Not all will “self-deport,” but more than the vast majority will. Human nature is human nature – once deprived of the means to support themselves or their families, they’ll move on to greener pastures.
What is certain that a repeat of the 1986 “comprehensive reform” package will get us, well, a repeat of 1986. Which means in 2040 another bunch of Senators will be discussing what to do about the fact there are more Mexican citizens residing in the US than than in Mexico, why the borders have become deadlier than ever and why the US cannot find (and keep) highly qualified people to emigrate here.
On Friday, President Obama shocked most of the country with his latest Executive Order. You know, the one that lit up the blogoshpere – his unilateral decision to stop deporting illegal immigrants who are attending school or served in the military. I figured as long as everyone else was chiming in on the topic, I might as well, too.
Let me begin by admitting that my thoughts on the illegal immigration issue run counter to most people on my side of the political fence. I think it is impractical and probably impossible to deport every single person who migrated to the US outside of the approved immigration policy. Did they break a book full of laws by settling here in that fashion? Sure, and for that I cannot see how any form of reward is proper. I certainly think that anyone who emigrated to the US (legally or otherwise) who engages in unlawful activity should be deported. I’m all for strengthening our border security, up to and including deploying the Army and Air Force with orders to shoot first.
What we do with those who are already here, though, is a much trickier proposition. A big part of the problem is that there really isn’t a way of finding them all: they live mostly in the shadows. There isn’t even reliable data on how many immigrants are here illegally; news reports I’ve read over the past few days use numbers anywhere from 600,000 to 4 million. It’s as much a crap shoot as any statistic you will ever come across. I’ve decided that, essentially, the status quo is probably the best that can be done in their case. Unless they run afoul of the law or ask for social services, we can’t find them. Of course, if they do they should simply be sent packing. But otherwise, I’m content to allow them to stay in their shadow communities.
Often, when thinking in terms of immigration policy and standards, I look at things through my mother and grandmother’s eyes. They arrived here in1959, fresh from the Soviet bloc. As immigrants, they fully understood the challenges faced by other immigrants, regardless of origin, native tongues or anything else. They were both adamantly against illegal immigration, and understandably so. Even as political refugees, they had to go through a battery of tests and pre-qualifications before being allowed into the country. They thought it eminently unfair that anyone should just walk across the border and set up camp, without any need to prove they were willing to fully assimilate into American culture – or even demonstrate they had the skills to contribute to society.
What did they think about the children of illegal immigrants? They both felt that the Constitution should be amended or clarified to ensure that the children of illegals, even if born in the US, should not be granted citizenship. They and their parents should be returned to their home nations and sent to the back of the line, so to speak, and await their turn.
So, extrapolating (there’s your big word for the day, folks!) from that premise, I cannot abide allowing those children to stay here on any sort of amnesty program. I realize the people the President’s order targets didn’t arrive here of their own accord. I’m even willing to let them return to their home countries with a preference on the waiting list. But if anyone thinks this is the beginning of meaningful immigration reform, they are seriously deluded. After all, even under the executive order those illegals affected won’t be granted residency status – only an act of Congress can do that.
We need to recognize this for what it is: an act of political pandering from the President Who Perfected Pandering. The EO signed on Friday only remains in effect until rescinded, either by a new President in 2013 or by the current one when he realizes it costs him more votes than it gains. It wasn’t a grand statement on the mess our immigration policy turned into after Ronald Reagan’s own bit of pandering in 1986 (the Immigration Reform and Control Act). Had Obama actually wanted to enact some type of meaningful reform, he would have combined the EO with a legislative proposal – not a Rose Garden speech asking Congress to do something. You’ll also note that in that speech, the President didn’t outline what he wanted as a result of the reform he demanded, a curious lack of leadership that is in keeping with his style.
What should be of greater concern to all, regardless of where you live, is this fits a pattern of flaunting the Constitution in order to score a cheap political point. In addition to this latest EO, we have other extra-constitutional power grabs that seem derived of partisan political maneuvering. Things like indefinite detention, refusing to support DOMA, international assassinations – the list is growing daily. The President, any President, does not have the prerogative of deciding which laws to enforce. His job is to enforce the law of the land and if he finds one unacceptable, he can request Congress rescind it. This latest EO actually requires a variety of law enforcement agencies, from the FBI and INS to Homeland Security, to willfully ignore the law. Such a situation should never be tolerated by the citizens of our republic.
After sounding for all the world as if he were dropping out of the Republican primary race Wednesday morning, Rick Perry tweeted he wasn’t less than 12 hours later (said tweet included the picture to the left).
It’s yet another mystifying twist for the Texas governor, who has managed to parlay what was once strong conservative support into a mere 10% finish in the Iowa caucuses. This is despite the fact that he is telegenic, has an immense campaign war chest, the Super PAC “Make us Great Again” is in his corner and has a history of job creation in his home state that should play well in this year’s campaign cycle. Despite these advantages, Perry’s poll numbers continue to drop precipitously. For the past month, he has basically tracked at around 6% nationally; suggesting his relatively good showing in Iowa may be an outlier and portend even worse electoral showings in the future.
There are several reasons that the more the country has gotten the chance to know Rick Perry, the more his numbers drop.
- Public speaking isn’t a strong suit: For most of us, this would be problematic. For a politician, it’s failing at their bread and butter. Perry often comes across in public speaking engagements as befuddled. That may actually be a kind way of expressing his speaking abilities. The reality is he is cringe-inducing when on stage, whether reading from prepared statements or trying to speak “off-the-cuff.” Anyone who watched his bumbling attempts at reading a campaign activist’s letter the other night couldn’t have been impressed. It’s a continuation of a theme that began in earnest with his debate performances (or rather, non-performances). Perry supporters continually dismiss his speaking ability is irrelevant, but the American people have a different opinion. Why? Anyone who has ever taken a public speaking course knows the answer. How you speak in public conveys hidden information regarding your confidence and intelligence. If you want to be seriously considered as Presidential material, it’s fine to be an average speaker. But turning in performances that wouldn’t be suitable for kindergarten won’t win you many votes.
- Illegal Immigration: Perry actually has strong record on attempting to get the Federal government to live up to its responsibility in maintaining border security. That includes urging the current administration to assign National Guard units to patrol the border between Texas and Mexico. Unfortunately for him, he was side-swiped by a decision he made to offer in-state tuition rates to the children of illegal immigrants in Texas. For immigration hard-liners (for whom, nothing short of execution will seem satisfy them), this was a couple of steps too far. Having a moderate position regarding immigration isn’t really anathema to Republican rank-and-file (Ronald Reagan and George W. Bush both shared similar values), but there is a hard core movement on the right that absolutely refuses to address immigration pragmatically. Rather than take time to fully outline his immigration policy (a sensible plan, that actually reinforces the American ideals of fairness while adopting a tough stance on border security), Perry has vacillated on the issue under the heat of public scrutiny.
- The HPV Mess and privacy rights: In 2007, Governor Perry mandated that underage girls be given the HPV vaccine. His motives sound reasonable. After all, cancer is a terrible disease and a vaccine that can help prevent a form should be lauded. But the mandate runs afoul of several long-standing conservative principles. First is that conservatives (and most liberals, as well) have an aversion to the idea the government can determine what is best for our children. Second is the idea that the government can enforce rules regarding our personal health. Finally, while not particularly vocalized but certainly an affront to religious conservatives, is that the vaccine is used to prevent a sexually transmitted disease in underage girls. It certainly didn’t help Perry’s case when Merck, the maker of the vaccine, was found to have made significant contributions to the Perry campaign. He has attempted to disavow the mandate since, but it’s a bit like closing the barn door long after the horse left.
There are other issues that Perry has found himself fending off, such as his supposed Islamic leanings. (Personally, those seem to be fabricated). Undoubtedly, he never counted on facing such intense scrutiny from his right flank but his inability to properly counter says something about his fitness for office. So does his inability to properly staff his campaign, leading to his not being on the Virginia primary ballot. Can Perry overcome the numerous gaffes he and his campaign have made thus far and still win the nomination? If this were any other candidate possessing the campaign money he does, I would say certainly. But I can’t see it happening here. Perry has yet to demonstrate a feel for the national political stage and worse, seems to be slow on the uptake. I suspect more than a belief he can win the nomination is his personal animosity towards Mitt Romney. If preventing Romney from winning the nomination is the overriding reason Perry is staying in the race, I suggest he drop out sooner than later. I don’t see a way this version can sell his candidacy outside of Texas and his staying in the race will only serve to fracture the conservative base of the party. In case anyone else remembers, it was Fred Thompson’s misguided attempt at reviving his campaign in South Carolina that led to John McCain’s coasting to the Republican nomination in 2008. We all should remember how that turned out.
In light of these failings, I urge Governor Perry to exit the race and support the one true conservative left in the race, Senator Rick Santorum.