What Part Of “Illegal” Does Obama Not Understand?
Under Title 8 Section 1325 of the U.S. Code, “Improper Entry by Alien,” any citizen of any country other than the United States who:
- Enters or attempts to enter the United States at any time or place other than as designated by immigration officers; or
- Eludes examination or inspection by immigration officers; or
- Attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact;
has committed a federal crime. And the last time I looked, committing a federal crime is illegal.
So, with the above cited statute in mind, let’s see what the Obama administration is proposing. The Obama administration said Thursday (18 August 2011) that it will halt deportation, proceeding on a “case-by-case” basis against illegal immigrants who meet certain criteria. Obama has said he does not have authority to halt all deportations and said he must follow the laws as Congress has written them. But Homeland Security Secretary Janet Napolitano said she does have discretion to focus on “priorities.” She said that her department and the Justice Department will review cases to see who meets the new criteria.” This ‘case-by-case’ approach will enhance public safety,” she said. “Immigration judges will be able to more swiftly adjudicate high-priority cases, such as those involving convicted felons.”
Officials said that by launching the “case-by-case” review, they are refocusing deportation efforts on convicted felons and other “public safety threats.” Those who have not committed crimes could be allowed to remain in the U.S. The policy change outline ways for those facing deportation, but having no criminal record, to remain in the U.S. and even apply for a work permit.
Obama promised to deliver immigration reform and create paths to citizenship for some of the estimated 11 million illegal immigrants living in the US. But after two years in office, he has yet to achieve any steps toward immigration reform. The announcement came to a surprise for many Latinos, influenced, many believe, by the protest by pro-immigration reform activists on Tuesday in front of President Barack Obama’s Chicago reelection campaign headquarters.
In 1996, Congress enacted the “Illegal Immigration Reform and Immigrant Responsibility Act”, making it a federal crime for non-citizens to vote in any federal election (or state election, unless authorized by state law). As a penalty, ineligible non-citizens who knowingly vote may be deported. Additionally, a non-citizen who falsely claims to be a United States citizen is in violation of this law. However, there are many documented reports of non-citizen voting, and there is no evidence of prosecution of the aliens for their action. With nearly 19 million foreign-born residents who are not U.S. citizens in the country in the 2000 Census and an estimated 9-11 million illegal residents (many of them not also counted in the Census), the potential is enormous for non-citizens to affect the outcome of elections.
Here is just one example of illegal immigrants voting that can sway elections. In a 1996 congressional race in California that may have been stolen by non-citizen voting, Republican incumbent Bob Dornan was in a spirited race against Loretta Sanchez. Sanchez won the election by just 979 votes, and Dornan contested the election in the U.S. House of Representatives. His challenge was dismissed after an investigation by the House Committee on Oversight and Government Reform turned up only 624 invalid votes by non-citizens who were present in the U.S. The investigation could not detect illegal aliens who were not in the Immigration and Naturalization Service (INS) records. There is a possibility that, with only about 200 votes determining the winner, enough undetected aliens registered and voted to change the outcome of the election. This is particularly true since the California Secretary of State complained that the INS refused his request to check the entire Orange County voter registration file, and no complete check of all of the individuals who voted in the congressional race was ever made.
The DREAM Act
The chief beneficiaries of the policy change will be immigrant students who would have been eligible for legal status under the Dream Act, which failed in Congress last year. This link provides a definition of the DREAM Act. On 17 June 2011, Obama ignored the will of American people by issuing an executive order that promotes benefits for illegal immigrants. A Federation for American Immigration Reform poll showed that only 38% of American voters favored the DREAM Act. Congress could not get it passed, so Obama, not getting his way, issued an executive order.
So now the DREAM Act is the law of the land. Despite failing to pass the U.S. Congress, the federal DREAM Act is now law. Homeland Security Secretary Janet Napolitano told Congress she will stop deporting students who meet DREAM Act criteria. Under the policy change, approximately 300,000 deportation cases pending in immigration court will be reviewed on a case-by-case” basis. Now immigrants groups are concerned that “good” illegals will be deported, along with “bad” illegals who rob, rape, and murder. The DREAM Act proposes that some illegal alien criminals be allowed to stay in the country because their offenses, as the backers say, are “lesser.” No specific definition of the meaning of “lesser” was ever given.
From Merriam-Webster.com, we get the definition of “amnesty” – the act of an authority (as a government) by which pardon is granted to a large group of individuals.
Arizona Gov. Jan Brewer said the move amounts to the administration implementing an immigration overhaul “via executive fiat.” “This plan amounts to backdoor amnesty for hundreds of thousands – if not millions – of illegal aliens,” She continued, “We need to remind President Obama that we elected a president that serves beneath the law and did not anoint a king that is above the law.” “It is just the latest attempt by this president to bypass the intended legislative process when he does not get his way,” said Texas Republican Rep. Michael McCaul.
Ira Mehlman, member of the Federation for American Immigration Reform (FAIR) said, “Congress cannot and must not allow the administration to usurp the constitutional authority that Congress has to make our immigration policies. It is the responsibility of the administration to carry out the laws written by Congress, whether the administration likes those laws or not, they are bound constitutionally to enforce them.” “Having failed in the legislative process, the Obama administration has simply decided to usurp Congress’s constitutional authority and implement an amnesty program for millions of illegal aliens,” FAIR President Dan Stein said.
Scrap All Laws With Less Than 100% Enforcement?
Does the Obama administration’s new immigration policy of selectively applying the law mean that WE get to use “case-by-case” evaluation of what laws we want to obey? If so, I want to SPEED to the nearest bank to ROB it. But, when I am hauled before a judge, I doubt if my “the Obama administration does it” defense will work. So much for inconsistency…
But that’s just my opinion.