This morning I appeared on Fox & Friends Sunday Edition to debate the issue of politicians from Chicago contemplating the acceptance of matricula consular identity documents issued by some 79 foreign governments for their purported citizens residing in Chicago.
This is the brief news report that served as the predication for the debate this morning:
Chicago Looks At Expanding Immigrant ID Cards
CHICAGO (AP) – Two Chicago aldermen want to look at expanding immigrant ID cards.
They want public hearings about allowing the “matricula consular” cards that Latin American immigrants use for identification to be recognized for immigrants from all foreign countries living in Chicago.
Aldermen Ed Burke and Danny Solis say they want hearings so consuls general from 79 countries who are based in Chicago can talk about the idea.
The Mexican Consulate's identification card was the first one recognized by the city in 2002.
The resolution from the aldermen says not having an official ID card can keep immigrants from using city services or other services like banking.
Here is the link to a video of my appearance on Fox & Friends:
My concern about the proposal being debated by the politicians of Chicago is twofold. First and foremost is my concern about the national security implications inherent in the acceptance of these unreliable identity documents. In conjunction with this concern, that I noted during my appearance on Fox & Friends today, click here for the testimony that was provided by Steve McCraw, who was at the time he appeared before the House Subcommittee on Immigration, Border Security and Claims on June 26, 2003, the Assistant Director of the FBI's Intelligence Division.
His testimony, as you will see, is unambiguous. He clearly stated that such identity documents present serious national security problems for the United States.
I am also concerned and, indeed, frustrated that this proposed acceptance of foreign identity documents for illegal aliens further erodes the distinction between United States citizens, lawful immigrants and illegal aliens. Clearly the motivation for the politicians of Chicago to provide these locally issued identity documents is to create a sort of local amnesty for illegal aliens.
Such identity documents issued by a city, Chicago, in this case, wold enable illegal aliens to live “normal” lives in our country notwithstanding the fact that they have no legal right to be in the United States. This, in turn, would in my view, provide incentives for aliens to enter our nation in violation of law with the expectation of being able to secure a job and otherwise conduct “business as usual” even as they violate our nation's laws each and every day that they are present in the United States.
Interestingly there are federal statutes that deem it a felony for anyone to encourage, induce, aid or abet aliens to enter our country in violation of law and remain thereafter. These laws can be found in Title 8 of the United States Code, Section 1324. Here is a copy of the relevant section of law:
US Attorneys > USAM > Title 9 > Criminal Resource Manual 1907
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).
Alien Smuggling — Subsection 1324(a)(1)(A)(i) makes it an offense for any person who — knowing that a person is an alien, to bring to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien.
Domestic Transporting — Subsection 1324(a)(1)(A)(ii) 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, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law.
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, or 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.
Bringing Aliens to the United States — Subsection 1324(a)(2) makes it an offense for any person who — knowing or in reckless disregard of the fact that an alien has not received prior authorization to come to, enter, or reside in the United States, to bring to or attempts to bring to the United States in any manner whatsoever, such alien, regardless of any official action which may later be taken with respect to such alien.
The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), enacted on September 30, 1996, added a new 8 U.S.C. § 1324(a)(3)(A) which makes it an offense for any person, during any 12-month period, to knowingly hire at least 10 individuals with actual knowledge that these individuals are unauthorized aliens. See this Manual at 1908 (unlawful employment of aliens).
Unit of Prosecution — With regard to offenses defined in subsections 1324(a)(1)(A)(i)-(v), (alien smuggling, domestic transporting, harboring, encouraging/inducing, or conspiracy/aiding or abetting) each alien with respect to whom a violation occurs constitutes a unit of prosecution. Prior to enactment of the IIRIRA, the unit of prosecution for violations of 8 U.S.C. § 1324(a)(2) was each transaction, regardless of the number of ali
ens involved. However, the unit of prosecution is now based on each alien in respect to whom a violation occurs.
Knowledge — Prosecutions for alien smuggling, 8 U.S.C. § 1324(a)(1)(A)(i) require proof that defendant knew that the person brought to the United States was an alien. With regard to the other violations in 8 U.S.C. § 1324(a), proof of knowledge or reckless disregard of alienage is sufficient.
Penalties — The basic statutory maximum penalty for violating 8 U.S.C. § 1324(a)(1)(i) and (v)(I) (alien smuggling and conspiracy) is a fine under title 18, imprisonment for not more than 10 years, or both. With regard to violations of 8 U.S.C. § 1324(a)(1)(ii)-(iv) and (v)(ii), domestic transportation, harboring, encouraging/inducing, or aiding/abetting, the basic statutory maximum term of imprisonment is 5 years, unless the offense was committed for commercial advantage or private financial gain, in which case the maximum term of imprisonment is 10 years. In addition, significant enhanced penalties are provided for in violations of 8 U.S.C. § 1324(a)(1) involving serious bodily injury or placing life in jeopardy. Moreover, if the violation results in the death of any person, the defendant may be punished by death or by imprisonment for any term of years. The basic penalty for a violation of subsection 1324(a)(2) is a fine under title 18, imprisonment for not more than one year, or both, 8 U.S.C. § 1324(a)(2)(A). Enhanced penalties are provided for violations involving bringing in criminal aliens, 8 U.S.C. § 1324(a)(2)(B)(i), offenses done for commercial advantage or private financial gain, 8 U.S.C. § 1324(a)(2)(B)(ii), and violations where the alien is not presented to an immigration officer immediately upon arrival, 8 U.S.C. § 1324(a)(2)(B)(iii). A mandatory minimum three year term of imprisonment applies to first or second violations of § 1324(a)(2)(B)(i) or (B)(ii). Further enhanced punishment is provided for third or subsequent offenses.
COMMENT: Further discussion of offenses defined in 8 U.S.C. § 1324(a) is set forth in Chapter 3 of Immigration Law, published as part of the Office of Legal Education's Litigation Series, and as part of the USABook computer library.
[cited in USAM 9-73.100]
How could anyone in the United States of America especially anyone who has taken an oath of office to defend our nation from enemies, foreign and domestic, possibly even think about accepting consular identity documents?
How can those whose job is to promulgate laws blithely and capriciously ignore the laws of the United States?
The critical thing to remember is that the difference between an immigrant and an illegal alien is comparable to the difference between a houseguest and a burglar!
All of those who are elected to represent the citizens of our nation, on all levels- city, state, federal, must abide by the laws of our nation and must make decisions that are in the best interest of our nation and our citizens.
In my view, the enactment of Comprehensive Immigration Reform would be nothing short of catastrophic for our nation. The promulgation of laws and procedures on the local level that act in opposition to the immigration laws of our nation present a threat to the well being of our nation and our citizens and must not be permitted to stand.
We the People can add to the consternation of these politicians who are failing to live up to their oaths of office by contacting them and making it abundantly clear that election day is coming and they should think of election day as their personal “Day of Reckoning!”
Our government must live up to its obligation of protecting its own citizens and, indeed, all who are present in our country from the criminals and terrorists who would threaten our lives and the survival of our nation and our way of life. In the end, the government is actually those who are elected to act as our “leaders.” Those who fail to truly lead and look out for those they are supposed to represent, need to be sent packing this coming Election Day!
If our country is to survive and if our children and their children are to get their share of the “American Dream” the citizens of this nation must take their citizenship seriously!
We the People must be the best citizens we can be, citizens who are worthy of the gallantry demonstrated by our valiant men and women in the military, law enforcement and firefighters, who routinely go in harm's way in defense of this nation and our citizens.
My goal in writing this and other commentaries is to point out our nations many failings before more victims pay the ultimate price for the incompetence and ineptitude of our government.
The first step in problem-solving is to first identify the problems and vulnerabilities and then devise strategies to overcome them.
Any politician who refuses to work to secure our borders and create an immigration system that has integrity is either corrupt or too dumb to keep his (her) job. Any politician, irrespective of party affiliation who favors Comprehensive Immigration Reform and the outrageous betrayal that this would represent given the national security implications that this program would have, should be shown the door at the next election!
If you find yourself to be in agreement with this commentary, I ask that you forward it to as many of your friends and family members as possible and encourage them to do the same. We need to create a “Bucket Brigade of Truth!”
Later this year, each and every member of the House of Representatives is up for reelection. Later this year more than one third of the members of the United States Senate will have to face their constituents. They need to be reminded that they work for us, We the People!
However, the practice of good citizenship does not end in the voting booth, it only begins there.
The large scale apathy demonstrated by citizens of this nation has emboldened elected representatives to all but ignore the needs of the average American citizen in a quest for massive campaign funds and the promises of votes to be ostensibly delivered by special interest groups. There is much that we cannot do but there is one thing that We the People absolutely must do- we must stop sitting on the sidelines!
The collective failure of We the People to get involved in make our concerns known to our politicians have nearly made the concerns of the great majority of the citizens of this nation all but irrelevant to the politicians.I implore you to get involved!
If this situation 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!