“DHS And Alien Smugglers: Partners In Crime”

Hi Gang:
How many times have you wished you had a magic wand?
Apparently the administration has such a magic wand!  The president and/or members of his administration display total disregard for laws that they decide, for whatever reason, are inconvenient or somehow run contrary to a political agenda.  They apparently look upon the Constitution and our laws the same way a patron at a restaurant regards the menu.  They pick and chose what they like and ignore those that they don’t like.
Of course, there is nothing in the oath of office taken by the President, members of Congress, federal agents or members of the military that says that they will defend the sections of the Constitution they like or agree with and ignore what they don’t like or agree with.  
However, this now seems to be how business is done.
Nearly a year ago, on March 30, 2012, I wrote a commentary for CAPS:  
Today’s headlines about how the DHS has come to de facto, encourage the smuggling of children into the United States by cartel smuggling rings, to be re-united with their illegal alien parents is reckless and immoral beyond words.  It is also patently illegal!  My commentary today, a copy of which is posted below, was predicated on a report that appeared in the December 19, 2013 edition of Townhall.com.  As you will see, it was a strange coincidence, to say the least, that on the very same day, the second part of a multi-part interview I gave to talk show host Armstrong Williams also ran on that website.  My interview with Armstrong focused on my objection to Comprehensive Immigration Reform and the true importance of America’s immigration laws- laws, I must add, that the administration has shown huge contempt for.
My commentary for CAPS (Californians for Population Stabilization) today is:

“DHS And Alien Smugglers: Partners In Crime”

Among the most fundamental laws that any country establishes are the laws that determine who may enter the country and who may remain in that country.  These are the immigration laws.
The purpose of laws is to codify what conduct is desirable and what conduct is to be prevented or discouraged.
What has been lacking in most discussions about reforming the immigration system is the benefits to be gained through enforcing our immigration laws. 
We all know that that effective enforcement is the best way to discourage crime and undesirable conduct in general.  As parents we employ this tactic with our children.  When drunk driving was identified as being a serious problem the solution was for states to lower acceptable blood/alcohol levels, work with local police agencies to establish sobriety checkpoints and impose serious punishments and sanctions against motorists who are found to be driving drunk.
It is remarkable that there was nothing in S. 744 (the Senate Comprehensive Immigration Reform Bill) that would comprehensively increase penalties for illegal immigration but simply provided all sorts of incentives for aliens who would be willing to run our borders and evade the immigration laws that, at their foundation, were enacted to    protect innocent lives and the jobs of American workers- certainly very worthwhile goals!
If we really want to end illegal immigration we need to learn the lessons from Texas Hold’em and from the successes scored by police departments that have reduced drunk driving in their jurisdictions through effective enforcement.
In New York City we not only have seen drunk driving reduced but speeding on our city streets.  Queens Boulevard is a major thoroughfare that runs through the borough of Queens.  It came to be known by the terrible nickname, the “Boulevard of Death.”  It has many lanes of traffic with traffic lights at each corner.  It seemed as though at least a pedestrian a week was killed by speeding cars.  The solution was for the NYPD to post huge displays that registered the speed of approaching cars.  Police cars were positioned near each sign,  Anyone caught speeding was stopped and ticketed.  The carnage stopped- literally overnight!
The NTSB, FAA and other agencies race to the scene of plane crashes to not only seek to assign blame for the purposes of litigation, but far more importantly, to understand what went wrong to make certain that every reasonable measure can be taken to permit such a disaster occur again.  This was the reason for the 9/11 Commission.  Airlines and pilots must adhere to the procedures mandated by the NTSB and FAA.
However, city, state and even the federal government have ignored nearly every recommendation of the 9/11 Commission where immigration and border security issues are concerned.  There is no excuse for this, yet so-called Sanctuary Cities are never taken to task for aiding, abetting, encouraging, harboring and shielding illegal aliens from detection by the federal government even though such conduct is deemed a crime in the Immigration and nationality Act.  In fact, I would submit that the use of “executive orders“ and “prosecutorial discretion” by the administration which I referred to as “Prosecutorial Deception” in my June 17, 2012 Op-Ed for Fox News Latino could be considered violations of 8 USC § 1324 – Bringing in and harboring certain aliens.

Consider that under 8 USC § 1324 – Bringing in and harboring certain aliens, a section of law that is comprehended within the Immigration and Nationality Act (INA), it is a felony to aid, abet, encourage or induce aliens to enter our country illegally or remain in our country illegally.

Here is an excerpt from that section of law:

Title 8, U.S.C. § 1324(a) Offenses

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).
Harboring — Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who — knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals harbors, shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation.
Encouraging/Inducing — Subsection 1324(a)(1)(A)(iv) makes it an offense for any person who — encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law.
Conspiracy/Aiding or Abetting — Subsection 1324(a)(1)(A)(v) expressly makes it an offense to engage in a conspiracy to commit or aid or abet the commission of the foregoing offenses.
Obviously no one is going to prosecute anyone for this apparent violation of law- it is frustrating to see the abject disregard for the borders and immigration laws of the United States that are America’s first line of defense and last line of defense against criminals,  terrorists and others whose presence in the United States undermines national security, public safety and creates other serious problems for America and Americans.
With today’s revelations, it is clear that the administration has amped up its efforts to eradicate America’s borders and provide still more incentives for aliens to evade the inspections process that is supposed to prevent the entry of aliens whose presence would pose a threat to national security, public safety and the overall wellbeing of America and Americans.  This would be bad enough, but the administration’s policies are also placing children at extreme risk.
But then, as some folks, might ask, “What difference does it make?!”
Immigration is not a single issue but a singular issue that impacts nearly every challenge and threat confronting the United States today!  Simply stated, the immigration laws were enacted to save lives and protect the jobs of American workers.
It is not “Anti-Immigrant” to be “Pro-American!”

Our armed forces are charged with securing America’s borders externally while the DHS is supposed to secure those same borders from within.  The failures of the DHS to live up to its half of the equation are undermining the efforts, valor and incredible sacrifices of Americas men and women who serve in our military!

If our government’s failures to protect American jobs by securing our nation’s borders and effectively enforcing our immigration laws concerns you or especially if it angers you, I ask you to call your Senators and Congressional “Representative. This is not only your right- it is your obligation! 

All I ask is that you make it clear to our politicians that we are not as dumb as they hope we are!

We live in a perilous world and in a perilous era. The survival of our nation and the lives of our citizens hang in the balance.

This is neither a Conservative issue, nor is it a Liberal issue- simply stated, this is most certainly an AMERICAN issue!

You are either part of the solution or you are a part of the problem!

Democracy is not a spectator sport!

Lead, follow or get out of the way!

-michael cutler- 


Please check out my website:

http://www.michaelcutler.net/

       

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“DHS And Alien Smugglers: Partners In Crime”

Michael W. Cutler, Senior Special Agent, INS (Ret.)

Senior Fellow, Californians for Population Stabilization


Just when you thought you had seen it all, something comes along to remind you that, as my dad used to say, “Nothing is so good that it couldn’t be better or so bad that it couldn’t get worse!”

For decades, a succession of administrations from both political parties made a mockery of our nation’s borders and immigration laws by not securing the borders and not enforcing the immigration laws from within the interior of the United States.

Furthermore, immigration benefit fraud completed the lawless “trifecta.”

These failures are hardly “victimless crimes.” The impact has been felt across the United States and have heavily impacted national security, public safety, public health and healthcare, the economy and unemployment and a host of other issues.

America’s immigration laws were enacted to protect innocent lives and the jobs of American workers.

The 9/11 Commission identified each and every one of these failures of the immigration system as contributing greatly to the ability of terrorists to enter the United States and then embed themselves, hiding in plain sight. The irrefutable truth is that America’s borders and immigration laws are its first line of defense and last line of defense.

Consider that under 8 USC § 1324 – Bringing in and harboring certain aliens, a section of law that is comprehended within the Immigration and Nationality Act (INA), it is a felony to aid, abet, encourage or induce aliens to enter our country illegally or remain in our country illegally.

On December 19, 2013 the website Townhall.com ran two important reports. One was the second part of a multi-part interview I gave to radio talk show host and columnist Armstrong Williams explaining why I object to Comprehensive Immigration Reform. (Part 1 was published the previous day):

Interview between Armstrong Williams and Michael Cutler, Senior Special Agent, INS (Ret.) [Part 1]

Interview between Armstrong Williams and Michael Cutler, Senior Special Agent, INS (Ret.) [Part 2]

Coincidentally on December 19, 2013, Townhall.com and various other news organizations, ran a story that was almost impossible to believe. (Under the current administration, unfortunately, nothing is comletely impossible to believe!)

The Townhall.com website posted this report with the unambiguous title,

“DHS Complicit in Cartel Human Trafficking of Minors to Illegals Living in the United States”

Here is the astonishing first paragraph from the report:

“According to a court order obtained by Townhall, the Department of Homeland Security is enabling cartel trafficking of minors, delivering those minors to illegals living inside the United States and completing criminal transactions for illegal immigrants.”

Here is a brief excerpt from the story that provides a synopsis of what now passes for “business as usual” for the DHS, an agency that not only lacking sufficient resources but is so bereft of a moral and legal compass that I have come to refer to it as the Department of Homeland Surrender. This excerpt focuses on the statement by U.S. District Court Judge Andrew Hanen:

This Court is quite concerned with the apparent policy of the Department of Homeland Security completing the criminal mission of individuals who are violating the border security of the United States.

Essentially, illegal immigrants living in the United States are paying human traffickers connected to Mexican cartels to smuggle their children into the U.S. Although Nava-Martinez [the smuggler] was arrested and charged, the minor was delivered to her mother living illegally in Virginia by DHS, automatically making the minor eligible for the President Obama’s DREAMers program. Further Salmeron-Santos, who illegally hired a human trafficker to smuggle her daughter across an international border, isn’t facing charges.”

Cartel-linked alien smugglers are among the most violent and pernicious criminals to be found on this planet. To encourage anyone to use their “services” to accomplish anything, especially the smuggling of children is so dangerous that it twists my brain just imagining that the DHS would send such an outrageous message through its action and lack of action that it leaves me uncharacteristically speechless!

As the final paragraph of the article reported on the comments of Judge Hanen will also serve as the last word for this commentary:

The DHS policy is as logical as taking illegal drugs or weapons that it has seized from smugglers and delivering them to the criminals who initially solicited their illegal importation/exportation,” Judge Hanen concluded. “DHS should enforce the laws of the United States — not break them.”


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