The administration is stepping up its efforts to ignore the violation of immigration laws violations committed by unknown numbers of illegal aliens by ordering what amounts to as a de facto amnesty by intentionally not seeking the removal of illegal aliens. The Washington Times' reporter Stephan Dinan, wrote an expose about this policy decision that appeared in that newspaper on Thursday, August 18, 2011.
On June 24, 2011, I wrote a commentary about a news release that was issued by the American Federation of Government Employees- the union that represents employees of ICE (Immigration and Customs Enforcement). That news release blew the whistle on a recent memo that had been issued by John Morton, the head of ICE, in which it was being made clear to all employees of the agency that is charged with enforcing our nation's immigration laws that the arrest of an illegal alien was extremely problematic and, I can tell you from having spent 30 years with the former INS, that such a memo has to be seen as extremely cautionary- employees who arrest the “wrong alien” will place his career if not his (her) job in immediate jeopardy!
We used to have a saying at the INS, “Big cases- big problems; little cases- little problems; no cases- no problems!”
Clearly any arrest can quickly create big problems for the agents! The smartest course of action- make no arrests!
Here is the link to my commentary about the union news release:
Certainly law enforcement agencies engage in the practice of prosecutorial discretion on all levels of government. For example, the police officer monitoring a speed radar to track the speed of cars on a roadway who witnesses a car being driven several miles per hour over the speed limit but does not chase down the car to issue the driver a summons is practicing a form of prosecutorial discretion. In my home town of New York City, the NYPD will generally not seek to ticket a driver who is driving within ten miles of the speed limit provided that the road conditions don't create a safety issue and the drive is not driving aggressively (tailgating, cutting off other drivers or making excessive lane changes).
This exercise of prosecutorial discretion makes sense. The case can be made that when cars are moving at different speeds, the speed differential creates an unsafe condition. If a large number of cars are moving smoothly and no one is driving improperly, then safety is not adversely impacted and the cop who waits for the “problem child” driver who is creating a safety hazard is serving he greater good by focusing on those motorists who clearly pose a threat to safety.
Where immigration laws are concerned, however, any alien who runs our nation's borders creates a potential threat to our nation's safety and well being. As I have often noted on previous occasions, we need to remember what the goal of the immigration laws is- that goal is prevent the entry of aliens whose presence would be harmful or dangerous to our nation and our citizens.
Title 8, United States Code, Section 212 is section of law that enumerates the various categories of aliens who, under the Immigration and Nationality Act, are supposed to be prevented from entering the United States and are supposed to be removed if they are found here:
Here is a link to that section of law:
Please take the time to review the contents of this section of the Immigration and Nationality Act (INA).
Among the categories of aliens who are supposed to be kept out of the United States are aliens with dangerous communicable diseases, aliens who suffer serious mental illness and are prone to violence, aliens who are convicted felons, aliens who fugitives from justice in other countries, aliens who are human traffickers and drug smugglers, aliens who are war criminals and aliens who have committed human rights violations. Also aliens who are engaged in terrorism and espionage are among those who are, by law, supposed to be prevented from entering our country and are supposed to be removed if they manage to evade the Border Patrol and enter the United States.
At present it is estimated, by the administration, that more than 230 American cities are infested by members of the Mexican drug cartels. Other estimates are far higher. Still more cities are infested by other transnational gangs from Latin America, Russia, Asia, Africa, the Caribbean and other parts of the world! Why on earth would politicians who are supposed to look out for the best interests of our nation and our citizens so willing to ignore the immigration laws that, especially now, as we wage a “War on Terror” and a “War on Drugs” opposed to the enforcement of the one set of laws specifically designed to protect us?
The greater the number of illegal aliens who are present in our country, the more difficult it becomes for law enforcement to wade through the vast haystack in search of some extremely deadly needles. furthermore, in this day and age where so many American citizens and lawful immigrants are unemployed and desperately seeking work to prevent the foreclosure of their mortgages, each and every job an illegal alien takes is a job not taken by a resident alien or a United States citizen. Additionally, the money that foreign workers earned is invariably sent back to the home country from which the foreign worker came. Certainly I do not blame foreign workers for taking care of their families- the problem is that it is time American workers were provided with the opportunity to take care of their families!
Every year it is believed that well over one hundred billion dollars are wired or otherwise sent from the United States to the countries from which the foreign workers came. This is money that is of no value, whatsoever, to our nation's economy!
The administration and virtually every politician of both major political parties in both the United States Senate and the United States House of Representatives talk about how they are going to help create jobs. Politicians on the state and local level also love to stand before a forest of microphones and the phalanx of cameras and declare that they are working to create jobs for Americans. However, consider this- if we removed illegal aliens from payrolls around the country, without creating a single new job, millions of American citizens and lawful immigrants would suddenly have jobs to report to the day after the illegal aliens were removed from the labor force!
Yet, the administration is going in precisely the opposite direction- making it clear that illegal aliens have virtually nothing to fear from the Department of Homeland Surrender!
The administration has resorted to making statements that are inaccurate and misleading. Where situations exist that involve aliens who have violated our immigration laws, by, for example, overstaying their authorized period of time in the United States for which they were admitted because they became ill or injured, or because an close family member has become seriously ill or injured, those aliens can be placed into a category known as “deferred action” which means that no effort will be made to seek their removal from the United States. This makes good sense and has been used for decades.
However, to declare that the administration is now seeking to find ways of not enforcing the immigration laws that are supposed to protect our nation and our citizens because of an obvious political agenda is unreasonable and represents a betrayal of our citizens and lawful immigrants.
Especially at a time when Americans are desperately searching for jobs how does enabling illegal aliens to continue to work in the United States in violation of law serve the greater good for the millions of unemployed United States citizens and lawfully admitted immigrants?
Please remember that there is a clear distinction to be drawn between illegal aliens and lawful immigrants- the difference between an immigrant and an illegal alien is comparable to the difference between a houseguest and a burglar! Also bear in mind that our immigration laws make absolutely no distinction where race, religion or ethnicity is concerned- the only distinction our immigration laws make is between citizens and foreign nationals (aliens)!
How does it serve the greater good to have foreign workers continue to sent money out of our economy that this not spent or invested in the United States of America?
In fact, the Immigration and Nationality Act (INA) the all inclusive body of laws that govern the enforcement and administration of our nation's immigration laws, deems it a felony to encourage, induce, aid or abet aliens to enter our country in violation of law or to remain illegally in the United States in violation of law.
Here is an excerpt of the relating statute:
Title 8, U.S.C. § 1324(a) defines several distinct offenses related to aliens. Subsection 1324(a)(1)(i)-(v) prohibits alien smuggling, domestic transportation of unauthorized aliens, concealing or harboring unauthorized aliens, encouraging or inducing unauthorized aliens to enter the United States, and engaging in a conspiracy or aiding and abetting any of the preceding acts. Subsection 1324(a)(2) prohibits bringing or attempting to bring unauthorized aliens to the United States in any manner whatsoever, even at a designated port of entry. Subsection 1324(a)(3).
Subsection 1324(a)(1)(A)(iv) makes it an offense for any person who