(Exercising my 1st Amendment rights to Freedom of Speech)
NOTE: While illegal immigration has been a long standing problem for the United States, the significance of that problem has become a critical issue within the past few years and can no longer be considered solely as an economic impact on this country. With the advent of 9-11-2001 terrorist elements within the middle east have waged war against the United States and most recently, the terrorist group ISIS/ISIL has vowed to commit acts of extreme terrorism within our borders.
Illegal immigration within the past 60 yrs has increased to an intolerable level in terms of volume and motivation. Historically, the illegal immigrants were focused almost exclusively escaping poverty and oppression. However, in recent years a new focus for illegal immigration arose to include drug trafficking and terrorists infiltration into the United States. Understandably, the poverty based illegals, have debilitating impacts on our national economy, the US employment market, and our national health. However, terrorists with the tools and motivation focused on destruction of America have easy access to the United States using the illegal immigrant border crossing permissiveness to infiltrate our borders undetected.
As shown on national media, freight trains loaded with illegal infiltrators arrive at our borders daily, and our Border Patrol agents are denied the right to prevent them from entry into this country. Similarly, the Texas National Guard deployed to the border, supposedly to help control illegal entry were also constrained by government from taking necessary actions to prevent en masse border crossings.
Within this scenario it is totally realistic and highly probable that supporters/elements of Al Qaeda, ISIS/ISIL and other terrorist Islamic groups have used this super highway for undetected entry into the United States (en route to their designated terrorist cells nationally). Yet our President procrastinates, ignores the problem, gives free license to illegal entrants and defers necessary executive actions to curtail/eliminate the problem and the potential threats. Concurrently, leadership in the United States Congress, instead of recognizing the real threat to our national security, continue to ignore the problem, debate immigration reform and focus on ensuring the illegals are granted rights, subsidies and benefits which many Americans in the middle class can ill afford for their families.
Then, as posed within the prologue to Restore America – who do our elected officials and our federal agencies represent and serve – considering that the Congressional Oath of Office pledge is “..to support and defend the Constitution …” that pledge inherently includes the mandate to ensure inalterable compliance with the provisions of the Constitution including citizens’ rights and a strong national defense.
The United States of America from its inception was a nation of immigrants – immigrants seeking asylum from tyrannical rulers as well as immigrants escaping the constricting regimes of poverty, deprived of human rights and with no hope for an improved future in their homeland. For years immigrants were the fiber and backbone of America – the workers and builders. Immigration was tightly controlled with restrictive criteria and country of origin quotas.
Established national immigration laws, which included provisions for justified asylum, were recognized and respected internationally. Legalized (documented) aliens were eligible to apply for citizenship after 5 years within the United States. However, illegal entry (undocumented ) supposedly carried civil and/or criminal charges and penates, expulsion from the United States and prohibitions against application for documented entry across our borders.
Basically, the Immigration and Naturalization Service (INS) laws were designed to control immigration and penalize violators of immigration law. INS Act Section 8 United States Code (USC) 1324 and Immigration and Naturalization Act (INA) 274A(a)(1)(A) define, qualify and quantify penalties for aiding, abetting and supporting illegal entry into the United States. Immigration laws were explicit on legal versus illegal entry into the United States, undiluted by euphemistic phraseology to sugar coat the transgressions against the laws.
Unfortunately, in the real world of the 1960s through to today, the laws were enforced with a wink and a selective blind eye. Members of Congress, as well as a nominee for the Supreme Court have violated the premises of 1324 and 247A aiding and abetting undocumented aliens to enter the United States, providing them shelter and sustenance, employment and failed to report their illegal alien status to proper authorities. Of course, they (and members/individuals within the federal government) were not in violation of the law since the law applied only to “A person (including groups, businesses, organizations or local government) ….” which conveniently excluded federal government agencies/individuals from compliance with the immigration laws.
As a side note in this respect, it would appear if proposed Constitutional Amendment 28 were passed, Congress and members of the Administration would be more critically involved in ensuring enforcement and compliance with INS Laws. That said, however, periodically new initiatives are developed to reform, redefine and strengthen Immigration and Naturalization and Immigration and Nationality laws. Using the 1952 Immigration and Naturalization Law as a Base line:
– The New Immigration law signed by President Clinton in 1966 which made significant and, in some cases, dramatic changes to existing law – restricting and curtailing previously granted rights of legal and illegal aliens, as well as redefining and constraining grounds for inadmissibility;
– the Welfare Reform Act (1966) curtailing the eligibility of legal and illegal immigrants federal assistance including many types of Social Security benefits and federally insured student loans;
– 1996 Immigration and Nationality Act tightens constraints on legal and illegal immigrants to change their status to non immigrant categories or to obtain lawful permanent status; provides for increased funding for the Border Patrol and redefines the rights of immigrants to legally defend themselves against deportation;
-1996 Welfare Reform Act made legal and illegal immigrants ineligible to receive most forms of federal assistance , many types of Social Security benefits and federally insured student loans.
– 2014 Proposed Immigration Reform bills S. 744, HR 15 and HR 2278 similar to the intent of previous amended immigration reform legislation are aimed at curtailing illegal immigration and concurrently correcting flaws in existing immigration legislation and linking immigration authorizations to the national economic and labor needs.
While there are significant differences and conflicting provisions between the S744 and HR 2278 proposed bills, compromise in the final legislation will be no more effective than previous efforts to reform immigration legislation and control immigration across our borders. Essentially, similar to stacks of ‘dust gathering gun control laws’, any definition of immigration controls, constraints and restraints depends not on more laws but on unconditional enforcement of existing laws.
Concurrently, effective enforcement must include the ways and means to detect, deter and prevent illegal undocumented entry into the United States – an initiative and responsibility which is given short shrift consideration when it comes to authority and budgeting. Consequently, our Border Patrol, Customs, INS and law enforcement agencies have the responsibility but do not have the authority or the means to provide effective immigration control of our 1954 mile border with Mexico.
Thus we have the reality of illegal aliens or undocumented immigrants which puts the lie to the purported intent of immigration laws and proposed reforms. An unending mass of illegal aliens flowing across our borders undeterred by our hamstrung Border Guards, National Guard, local police and concerned citizens. Truck drivers hauling legitimate freight and/or human contraband across the borders are summarily questioned by the border guards as to their cargo and jokingly respond by asking if it really matters.
Border control is a non existent, yet Border Patrol agents are placed in extreme jeopardy when confronting armed coyotes and contraband runners. Border patrol agents have been killed by these border interlopers and when using deadly force against the coyotes, the Border Patrol agents are subject to disciplinary actions, suspension from duty or tried in court for use of armed deterrence against purveyors of illegal alien and contraband entry into the United States. Our national resolve to maintain the worlds strongest and most respected democracy appears to be a dream long dead and forgotten.
We do not defend our borders and we have failed at defending our one-time friends. We are no longer respected and politically no longer trusted or feared. In a time of international crisis with the Al Qaeda, ISIS, Muslim Brotherhood, Taliban, Mujahideen, North Korea, Iran and a renewed cold war adversary, Russia, we leave our borders open to free transit for not only self- proclaimed economic refuges but also the very people who openly threaten to destroy us. WHY ???
The recent Obama inspired pseudo refuge massive influx of Hispanic “youth” justifiably brought out the hue and cry of concerned citizen’s, media, political wags and most notably significant members of the United States Congress. Each element demanding resolution and action from President Obama – who in turn maintained his distance from the fray by pointing the finger at Congress for lack of decisive action. Neither the Legislative or Executive branches of government took the initiative nor the responsibility to rectify the problem – and the Judicial branch of government maintained its neutrality through silence.
And then, according to U.S. immigration law, the border violators are authorized “their day in court ” before they can be legally deported. Essentially, illegals have Constitutional rights as a defense when committing a felony by crossing our borders illegally (although its classified a misdemeanor for first time violators) – rights not extended to United States citizens entering into Mexico or any other sovereign foreign territory without passport or visa.
To set the record straight on immigration control responsibilities and assigning responsibility for failure to secure our borders, Cornell University Law School’s Summation of The Legal Information Institute Immigration Law: An Overview maintains:
” Congress has complete authority over immigration. Presidential Power does not extend beyond refugee policy. Except for questions regarding aliens’ constitutional rights, the courts have generally found the immigration issues as nonjusticiable.”
More definitively, establishment of firm unequivocal and enforceable immigration laws and providing the authority and ways and means to enforce those laws are within the scope of Congressional responsibilities and authority to control the border. Yet Congress and the president unfalteringly continue to ignore their responsibilities to protect our borders. Immigration reform bills are grossly diluted versions of previous legislation which made aiding and abetting illegal aliens in any respect a felony.
In this respect the Center for Immigration Studies opines that:
“If we are serious about avoiding the fiscal costs of illegal immigration, the only real option is to enforce the law and reduce the number of illegal aliens in the country. ….. At present, less than 2,000 agents are on duty at any one time on the Mexican and Canadian borders…” (7479 miles combined) “…. the centerpiece of any enforcement effort would be to enforce the ban on hiring illegal aliens….. the law is completely unenforced ……. ensure that all new hires are authorized to work in the United States and levying heavy fines on businesses that knowingly employ illegal aliens. Finally, a clear message from policymakers, especially senior members of the administration, that enforcement of the law is valued and vitally important to the nation ….”
Senate bill S 774 actually calls for mass amnesty to illegals currently within the United States and minimizes charges (from felony to misdemeanor) and penalties for future illegal incursions. Further, according to Heritage Foundation “An analysis of the costs associated with granting amnesty to 11 million illegal aliens is staggering: according to the report, taxpayers would be forced to shell out $ 6.3 trillion…” over 50 years even when considering the 10 year barrier preventing newly legalized individuals from seeking government benefits is factored into the 50 year equation. And this cost escalates as more illegal aliens are granted free- uncontested access to our borders
Yet the administration continues to reject funding for essential border protection fencing and increased manpower authorizations. Concurrently, the administration constrains the level of authority necessary for Border Patrol agents to carry out their designated responsibilities.
The consequences and impacts on the United States are obvious when considering that according to recent estimates over 12 million illegal immigrants are currently residing within the United States (according to the Federation for American Immigration Reform (FAIR) and other research sources). Failure to effectively control illegal immigration across our borders has and will continue to have significant deleterious impacts on all aspects of our national economy and security wherein:
– Our uncontrolled borders and ports of entry provides an open gateway for incursions by not only illegal aliens seeking a better way of life but also by drug trafficker, purveyors of child slave labor and prostitution, but more importantly an open gateway for infiltration of terrorist groups intent on destroying the United States and enslaving the world under Islamic rule;
-Deprivation of employment opportunities for unemployed and underemployed American workers. Currently, the United States unemployment rate for legal citizens is estimated at 12.2 %Note. However, the 12 million illegals as well as legally documented (Green Card) aliens stress an already overly stressed United States employment market. An estimate proffered by FAIR estimates that 8.9 million illegal aliens as well as 107,000 documented aliens are employed in the United States – 9 million jobs which could be filled by disenfranchised American workers for full time employment as well as for supplementary income source for under employed American workers.
Note: According to FAIR the U.S. unemployment rate (defined within the U6 category of Unemployment includes people without work seeking full time employment, marginally attached workers and those working part time (some of whom may be working as little as 1 hr a week) and those discouraged by the market and stopped looking – but still want to work.
http://www.portalseven.com/employment/unem– A secondary, and corollary consideration is the impact on the American taxpayer – providing unemployment and supplementary welfare payments to the families of the unemployed and underemployed. in respect to the United States unemployment and underemployment ;
– Unacceptable increases in our national debt wherein according to The Center for Immigration Studies, “illegal households created a net fiscal deficit at the federal level of more than $ 10 billion in 2002” The Center also estimated that if amnesty for illegal aliens within the United States (as proffered by S 774) the net deficit would grow to $29 billion annually. (Within this context, it is estimated that illegal aliens, based on their employment, paid $ 16 billion in taxes while imposing more than $ 26.3 billion in costs to the federal government – ergo the estimated more than $ 10 billion deficit).
– Unacceptable impacts on the United States Health Care System in respect to exorbitant costs, importation of communicable diseases and saturation of medical services facilities. The continued influx of illegal aliens entering the United States is causing the closure of hospitals and emergency rooms nationally and spreading communicable diseases. According to a Report in the American Physicians and Surgeons, by Madeleine Pelner Cosman:
– “The influx of illegal aliens has serious hidden medical consequence. We judge reality primarily by what we see. But what we do not see can be more dangerous, more expensive and more deadly than what is seen.”;
– according to her study, in California alone 84 hospitals are closing the ir doors as a direct result of the rising number of illegal aliens and their non-reimbursed tax on the system;
– “Anchor babies born to illegal aliens instantly qualify as citizens for welfare benefits and have causes enormous rises in Medicaid costs and stipends under Supplemental Security Income and Disability income.” And in this respect, the granting of automatic citizenship to anchor babies qualifies their parents for full medicaid services (at a cost yet to be determined according to the American resistance Report);
– Illegal aliens entering the United States avoid mandatory health inspections and according to MP Cosman’s report “…. harbor fatal diseases that American Medicine fought and vanquished long ago, such as drug resistance tuberculosis, malaria, leprosy, plague, polio, dengue and Chagas disease”.
Granted thatwithin the past weeks, the Mexican government has taken severe anti illegal alien trafficking seriously and has deployed its federal police and military to cut off potential illegals from reaching our borders. According to Associated Press article by mark Stevenson “Mexico’s largest crackdown on illegal immigration has decreased the flow of Central Americans trying to reach the United States and has dramatically cut the number of child migrants and families…”.
However, the article continues with “How long Mexico can or will sustain such a massive operation is unclear. Sealing off the notoriously porous border with Guatemala is neither physically possible or politically popular…… But for now, the effort shows no signs of abating.”. Employing similar stringent measures though our Border patrol and Homeland Security is essential to cut the already reduced infiltration (thanks to the Mexican governments actions) to a tolerable trickle.
Regardless of the reduced illegal infiltrations, unless something is done through the Congress of the United States to deny efforts to provide S 774 proposed amnesty for the illegals we are still faced with the ominous long term trillions of dollars financial burden of caring for and subsidizing the entrenched illegal population. While deportation would be expensive, it would cost approximately as much as one (1) year of subsidizing and providing benefits for that population base.