Hi Gang:

My commentary today is predicated upon two excellent news reports. produced by Fox News.  The first of the two reports is a 9 minute video that was produced by Sean Hannity and the second is a document that was written by a Fox News reporter, Jana Winter. 

Both reports deal with the madness to be found on the border that is supposed to separate the United States from Mexico and makes it clear that notwithstanding the statements of President Obama and his Secretary of the Department of Homeland Surrender, Janet Napolitano- our border is anything but secure!  This does not only place the citizens of our nation and others who live along the southern border at risk, but endangers the lives of everyone who lives anywhere in the United States!  

I urge you to watch the video from start to finish and carefully read Jana Winter’s report and then I want you to remember that on Tuesday, May 10th, President Obama went to El Paso, Texas to once again, push for “Comprehensive Immigration Reform.”

Here is a link to a You Tube video of a portion of what Obama had to say:

[youtube VAOEInEzpec]

These reports were just put “out there” but the information about the nexus between national security and our nation’s failures to secure the borders and create an immigration system that has real integrity has been appearing for years and all that the majority of the politicians who are out there seem to be willing to do is to create the illusion that they are protecting our nation from these extreme risks.  

WSB-TV, the Atlanta-based affiliate of ABC-TV has aired a number of hard hitting news reports about the risks our porous southern border poses to our nation.  Brad Stone, the Special Projects producer who was behind these excellent news reports.  Here are links to two such reports that aired last year:

Politicians from both sides of the aisle are responsible for the immigration crisis that has created a national security crisis and that has enabled transnational criminals including members of the extremely violent Mexican drug cartels and transnational gangs such as MS-13 to not only enter our country but easily embed themselves in cities throughout out nation from coast to coast and border to border.  These gangs are not only from Latin America but include aliens from the four corners of our planet from Russia, Asia, Europe, the Caribbean and Africa.  These criminals most often place the lives of the immigrants who came from the same countries the criminals came from but increasingly these gangs imperil the lives of all who live within the borders of the United States- the borders that Obama and Napolitano are quick to tell us are now more secure than ever!

Several months ago, Janet Napolitano engaged in creating a false argument that many people fell for.  She crafted an argument that was obviously designed to minimize the significance of the immigration laws by saying that it was only an administrative violation to run our borders.  She attempted to make it seem that running our borders was no more serious than a motorist who exceeds the speed limit or fails to come to a complete stop at a stop sign. 

In point of fact, an alien who runs our nation’s border for the first time is committing a misdemeanor.  However, an alien who has been formally deported from the United States is committing a felony under the provisions of the Immigration and Nationality Act INA).

Here is a portion of the relevant section of law under the INA:

                                                                             *************************

http://codes.lp.findlaw.com/uscode/8/12/II/VIII/1326

(a) In general

Subject to subsection (b) of this section, any alien who -

(1) has been denied admission, excluded, deported, or removed

or has departed the United States while an order of exclusion,

deportation, or removal is outstanding, and thereafter

(2) enters, attempts to enter, or is at any time found in, the

United States, unless (A) prior to his reembarkation at a place

outside the United States or his application for admission from

foreign contiguous territory, the Attorney General has expressly

consented to such alien's reapplying for admission; or (B) with

respect to an alien previously denied admission and removed,

unless such alien shall establish that he was not required to

obtain such advance consent under this chapter or any prior Act,

shall be fined under title 18, or imprisoned not more than 2 years,

or both.

(b) Criminal penalties for reentry of certain removed aliens

Notwithstanding subsection (a) of this section, in the case of

any alien described in such subsection -

(1) whose removal was subsequent to a conviction for commission

of three or more misdemeanors involving drugs, crimes against the

person, or both, or a felony (other than an aggravated felony),

such alien shall be fined under title 18, imprisoned not more

than 10 years, or both;

(2) whose removal was subsequent to a conviction for commission

of an aggravated felony, such alien shall be fined under such

title, imprisoned not more than 20 years, or both;

(3) who has been excluded from the United States pursuant to

section 1225(c) of this title because the alien was excludable

under section 1182(a)(3)(B) of this title or who has been removed

from the United States pursuant to the provisions of subchapter V

of this chapter, and who thereafter, without the permission of

the Attorney General, enters the United States, or attempts to do

so, shall be fined under title 18 and imprisoned for a period of

10 years, which sentence shall not run concurrently with any

other sentence.(!1) or

(4) who was removed from the United States pursuant to section

1231(a)(4)(B) of this title who thereafter, without the

permission of the Attorney General, enters, attempts to enter, or

is at any time found in, the United States (unless the Attorney

General has expressly consented to such alien's reentry) shall be

fined under title 18, imprisoned for not more than 10 years, or

both.

For the purposes of this subsection, the term "removal" includes

any agreement in which an alien stipulates to removal during (or

not during) a criminal trial under either Federal or State law.

(c) Reentry of alien deported prior to completion of term of

imprisonment

So much for the notion that it is no big deal to enter our country by running our nation’s borders as Obama, Napolitano and the other open borders advocates would have you believe!

As you can see, under certain circumstances, an alien who has been deported (removed) from the United States may face a maximum of 20 years in prison for unlawful re-entry.  I am particularly pleased with that section of law because back in the early 1980’s I approached then New York State Senator Al D’Amato and, backed up by more than 30 of my colleagues at the New York District of the INS, and convinced him to create the enhanced penalties for unlawful re-entry of aliens who had been deported and had been convicted of committing felonies.

What is even more important about the issue of the enforcement of the immigration laws that Janet Napolitano is quick to make light of, is the intention of those laws- to keep aliens out of the United States whose presence would be harmful or pose a threat to our nation and to our citizens as well as others who are in our country.  These laws are also intended to create the legal framework to enable our country to remove aliens whose presence is harmful or poses a threat.

Here is a link to Title 8, United States Code, Section 212,  the section of the Immigration and Nationality Act that enumerates the various categories of aliens who are statutorily ineligible to enter the United States:  

It is also important to remember another serious national security issue to aliens who run our nation’s borders- by evading the inspections process, there is no way of our government to know that these aliens are in our country.  No record is made of their entry into our country.

It is incomprehensible that the Secretary of Homeland Security would minimize these critically important laws.  It is unfathomable that she and the President of the United States would falsely claim that the borders are secure.  Of course they are not the only “leaders” who have made misleading- indeed, false statements about the borders of the United States or to make use of deceptive language to attempt to assuage the fears and concerns of the citizens of our country.  However, the fact that this administration has seen fit to file a lawsuit in an effort to block the governor of the state of Arizona from enforcing its own immigration laws that essentially parallel the federal laws that clearly the federal government is determined to ignore is a first!  This is one of the most blatant example of chutzpah demonstrated by the federal government that I am aware of!  There are a few other contenders for greatest demonstration of chutzpah by the federal government- but this is way up on the list!

Governor Brewer of Arizona had a commercial produced to explain why she and the political leaders of her state decided to act when the federal government refused to do its job.

Here is a link to that video that was entitled, “Mr. President, No One in Arizona is Laughing:”

[youtube NLgZ1LWLlko]

EXCLUSIVE: Border Community Organizing Petition to Protest Obama’s Immigration Speech

By Jana Winter

Published May 13, 2011 | FoxNews.com

The residents of the Chiricahua-Peloncillo drug and human
smuggling corridor that runs from the Mexican border north through
eastern Arizona and western New Mexico are circulating a petition to
send to the White House in response to President Obama‘s recent immigration speech.

“It is with great wonderment and sadness that we listened to your May
10 speech on immigration issues.  All of the joking about moats and
alligators cut residents of Portal, AZ, to the core as we sheltered with
friends or at a Red Cross
evacuation site, to survive a terrible fire that still threatens our
lives and property, as well as our ecotourism-based economy,” the letter
reads.

On Sunday, a massive fire broke out in Horseshoe Canyon, about 50
miles north of the Mexican border, which residents and law enforcement
say they believe was started by criminal illegal aliens. Last year, a
fire in the same location caused more than $10 million in damages.

“During its first 24-hrs, the fire consumed a greater area than did
last year’s fire over a 6-week period. Local residents were roused after
midnight, and some slept fitfully in cars after fleeing with family
photos and any valuables that could be quickly assembled. Elderly
retirees left with medical supplies, including oxygen tanks on which
some depend,” the letter reads.

The petition comes just days after Obama appeared in El Paso, Texas,
to plead the case for immigration reform that has been bottled up in
Congress for years. During his remarks, the president argued that the
border is as safe as it has ever been but Republican opportunists are
using the issue to score political points and prevent legal reforms to
address illegal immigration.

“We have gone above and beyond what was requested by the very
Republicans who said they supported broader reform as long as we got
serious about enforcement. All the stuff they asked for, we’ve done,”
the president said. 

“But even though we’ve answered these concerns, I’ve got to say I
suspect there are still going to be some who are trying to move the goal
posts on us one more time. You know, they said we needed to triple the
Border Patrol. Or now they’re going to say we need to quadruple the
Border Patrol. Or they’ll want a higher fence. Maybe they’ll need a
moat. Maybe they want alligators in the moat. They’ll never be
satisfied,” he continued.

Jeff Gee, one of the organizers behind the petition and a firefighter
battling the still-burning fire in Horseshoe Canyon, says he was
insulted by Obama’s speech.

“I’m really disappointed at current border security, I’m really
disappointed at the president’s speech saying that people like me wants
moats with alligators, but moats with alligators might work, nothing
else,” he told FoxNews.com. 

“We’re doing everything we can to get the word out that this is
serious problem, it’s not just a border issue, the drugs and crime are
moving through the corridor and they keep going to major cities. I don’t
know if this letter will help, but nothing else is.”

Cochise County, Ariz., Sheriff Larry Dever, who penned an op-ed in
The New York Times Friday describing the plight of border residents,
told FoxNews.com that the petition is a plea for the administration to
take a closer look at the hardships they are suffering. 

“These people are not overreacting. What they suggest in letter is
very deep part of their belief system based on their experience and
their experience has been horrific — they see human smuggling and drug
trafficking, they sit on their porch and watch people walk through,
they’ve had their homes burglarized,” Dever said. 

“It’s a beautiful landscape and for those that moved out there for a
sense of tranquility and peace, that’s been destroyed,” he added.

The letter has been posted at post offices in the border towns of
Portal, Ariz. and Rodeo, New Mexico, for signatures to be added.

Copies of the letter will also be sent to Rep. Gabrielle Giffords, D-Ariz., Arizona Republican Sens. John McCain and Jon Kyl, Homeland Security Secretary Janet Napolitano, Agriculture Secretary Tom Vilsack, Secretary of State Hillary Clinton, Arizona Gov. Jan Brewer, and National Public Radio.

In the letter, petitioners say that despite the president’s protestations, “neither the border nor daily life” is secure.

“Seizure of record quantities of drugs may pad the statistics of
Homeland Security, but it does nothing to ease the burdens we have been
forced to bear. Over the years, as our homes have been burgled or
invaded, our fences, water lines and windows repeatedly broken, our
businesses driven toward bankruptcy, our natural surroundings desecrated
by trash and fire, and our lives even obliterated (neighbor Rob Krentz,
murdered by a drug scout), it has amazed us how little note is taken of
these tragedies by our government and the press,” the letter reads.

“Is it enough, now that we have suffered back-to-back fires that
threaten to erase our very reasons for living here? What must we say or
do to garner your attention and help?  How is it that, on the same day
we took Osama bin Laden in Pakistan,
we could not prevent illegals – 50 miles within our borders (!) – from
setting a fire along a known smuggling route in an extremely dry
year? Why were federal agents (BP, ICE, National Guard, or Special
Forces) not posted along this route in anticipation of a repeat of last
year’s calamity?  Better still, why were the illegals not captured
before they had traveled 50 miles north of the border?! Or, in the eyes
of our government, do we just reside in a ‘sacrifice zone’?”

The letter also describes the devastation the fires have caused to
the areas unique biodiversity, which attracts bird-watchers and
naturalists from around the world.

The petitioners then asks the president to outline how he plans to
fulfill his obligation to protect their constitutional right to defense
from foreign invasions “especially as this regards fires set by Mexican
drug and human smugglers. 

“We thank you in advance for your anticipated response,” it concludes.

Dever said the residents of the area are generally self-sufficient
and do their part, “but they also expect government agencies to take
some responsibility. They’re not, and these people are suffering the
consequences,” Dever said. 

The residents will “come together and unite in this front,” he added.
“They’re not going to give up. They’re not going to roll over.”

http://www.foxnews.com/politics/2011/05/13/exclusive-border-community-organizing-petition-protest-obamas-immigration/