"COMPILE â?? Comprehensive Immigration Law Enforcement"

Hi Gang:

I am often asked how I would solve the immigration crisis that confronts our nation today and has a profound impact on so many of the critical challenges our nation faces.  I have often noted that the solution to discouraging illegal activities is to remember that if activities are illegal, that the laws that are violated would provide a significant portion of the solution, if those laws were enforced.

This is not rocket science but commonsense!  

Generally laws and the punishments that could be brought to bear against those who violate the laws discourage people from committing such illegal acts.  When politicians and the management within the agencies that are charged with enforcing laws make light of the significance of those laws and then, incredibly, offer rewards to people who break the laws what follows is predictable!  People are not dissuaded from violating those laws!

(Please note- offering a “Pathway to United States citizenship” as often stated by President Obama, members of his administration and members of Congress in both Houses and in both parties, clearly provides a huge incentive not a disincentive to those contemplating running our nation’s borders and violating our immigration laws!)

This was the underlying concept behind my most recent article for the CAPS (Californians for Population) website which I have provided below. 

It is unfathomable that the immigration laws that were promulgated to protect our nation and our citizens from the presence of aliens who would represent a threat to the wellbeing and security of our nation and of the citizens of the United States are being all but ignored by the federal government and the governors of several states including California and New York and that mayors of so-called “Sanctuary Cities” are doing whatever they can to shield illegal aliens from detection of law enforcement officers of ICE (Immigration and Customs Enforcement) a division of the DHS, an agency I have regretfully come to refer to as the Department of Homeland Surrender.   

If the federal government took those immigration laws seriously and, rather than litigate against those states that have taken to the tactic of enacting immigration laws on the state level that essentially parallel the federal immigration statutes, but went after the “Sanctuary Cities” it is my judgement that those who would violate those laws would be deterred from violating those laws!  In fact, it is a felony to shield illegal aliens from detection- but you would never know if when you see the actions taken and not taken by the current administration, in particular.

The first responsibility that our government leaders have is to protect those folks who live within their jurisdiction.  A nation’s security and safety begin at the borders of that nation.  this is why many countries position their military forces on their borders- the leaders of those countries understand that there can be no security if the borders are not secure!

While the federal government has, for decades, failed abysmally at securing its borders and enforcing the immigration laws that were promulgated to protect our nation and our citizens, there is a statute that is on the books within the Immigration and Nationality Act that establish a felony for those who aid, encourage, harbor or shield illegal aliens from detection. 

Here are the statutes under the Immigration and Nationality Act that address the issues of concealing, harboring, encouraging or inducing aliens to enter the United States in violation of law or reside within the United States thereafter in reckless disregard of their violations of law:

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).

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.

Here is the link to this section of law in its entirety.


While the great majority of illegal aliens who run our borders are simply seeking employment, there are hundreds of thousands, if not more criminals who seek to evade law enforcement authorities in another country or seek to ply their criminal trades on the streets of cities and towns across our nation.

It is especially disconcerting that at a time that our nation is attempting to defend itself from the threat of terrorist attacks that there are unknown millions of aliens present in our country whose true identities- including their nationalities, backgrounds, potential affiliation with criminal or terrorist organizations or their ultimate intentions are unknown and unknowable.

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:

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 or otherwise enter the United States.

It is extremely important to understand that these laws apply equally to all individuals irrespective of race, religion or ethnicity.

The immigration laws that so many politicians and members of the administration are unwilling to enforce are at the bedrock of national security and the other issues and challenges that confront our nation today.


Show me a politician who refuses to enforce the immigration laws or attempts to trivialize these laws, and I will show you a politician who needs to find out what it is like to stand on the unemployment line!

Benjamin Franklin, in discussing our then fledgeling nation. said that they had given us a republic if we could keep it!


What he was making clear was that this democratic republic required that its citizens take their citizenship seriously and keep the political leaders accountable.

It is time for the citizens of our nation to make certain that our nation’s leaders, on all levels, to come to terms with the fundamental fact that the purpose of our immigration laws is to protect our nation and our citizens from aliens whose presence has the potential to have a serious adverse impact.  Ignoring those laws exposes our nation and our citizens to a variety of serious threats and challenges ranging from national security and criminal justice and public safety to the economy, the environment, healthcare and education!

A country without secure borders can no more stand than can a house without walls!


I

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.

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!”

The practice of good citizenship does not end in the voting booth, it only begins there.

For far too long our citizens demonstrated apathy which 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. 

It is therefore understandable that the politicians of both parties, are greatly concerned about the demonstrations currently sweeping our nation just as did the creation of the Tea Party.  Clearly  more and more of our fellow Americans are demonstrating that they are not as dumb as the politicians from both parties had expected us to be!

I am encouraged that more and more of us, We the People, are not willing to simply sit on the sidelines anymore!


I believe our nation’s is greatly benefited by the rich diversity of our people which is why I could never imagine living anywhere except New York City, arguably the most diverse city in our nation if not, in fact, the world.  However, my idea of diversity most certainly does not include members of MS-13, the Mexican drug cartels or members of other transnational gangs or members of al-Qaeda!

I also believe that the original purpose of our nation’s immigration laws need to be be brought “front and center” to make certain that our nation does not permit the entry of aliens into our country whose presence in our country is problematic for the citizens of our nation and that if such aliens do succeed in entering our country that our nation have the resources, integrity and dedication to do everything possible to make it impossible for such aliens to function within our country so that even if they are not apprehended, they will find it pointless to remain in the United States.
As I have noted on a number of occasions, “No one would break into the amusement park if they could not get to go on the rides and no one remains in the amusement park at the end of the day when they turn shut down the rides and turn off the lights!” 

If our government’s failures to secure our nation’s borders and effectively enforce 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- 

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http://www.caps-blog.org/articles/2012/01/14/compile-%E2%80%93-comprehensive-immigration-law-enforcement/

COMPILE – Comprehensive Immigration Law Enforcement

Politicians just love the term “Comprehensive.”  It is a term that sounds as though they have thought of everything that needs to be considered and addressed those issues effectively.  It provides the illusion of “getting the job done!”

Sometimes the term comprehensive is used to create an illusion that those involved know full well offers nothing more than an illusion!

Think about the bill that has more lives than an alley cat- “Comprehensive Immigration Reform.”  There have been numerous attempts to pass this legislation and it is likely it would have passed, had it not been for those pesky citizens who actually thought that they had the right to call their senators and members of the House of Representative to complain about a bill that would have provided unknown millions of illegal aliens with pathways to citizenship!  The use of the term ‘unknown” where these aliens are concerned is entirely apt because no one really knows how many such illegal aliens are really present in the United States.

Furthermore, we have no easily verifiable way of knowing their true identities- not even their countries of citizenship.  Therefore we have no way of readily knowing anything about their possible criminal histories, their potential involvement with criminal or terrorist organizations.  We certainly have no idea as to their motivation for violating our nation’s borders and our immigration laws that are supposed to keep aliens out of the United States whose presence would be problematic for our nation and our citizens.  This is why I have come to refer to Comprehensive Immigration Reform by a more honest and descriptive title.  I call it the “Terrorist Assistance and Facilitation Act!”

Yet politicians who favor this insane legislation continue to refer to it as being “Comprehensive!”

It would seem that the only thing comprehensive about Comprehensive Immigration Reform is that it would likely provide nearly every illegal alien with the ability to remain in the United States and work here and possibly engage in whatever other illegal alien potentially nefarious objective motivated them to come here in the first place!  They would even be able to petition the United States government to enable their family members to legally enter the United States to join them here!

Could anyone honestly claim that this sort of program would deter people around the world who might be contemplating running our nation’s borders?

Meanwhile the president has discovered a new way of getting as many aliens as possible to remain in the United States without the cooperation of the United States Congress.  He routinely issues policy directives to prevent illegal aliens who have been identified from being arrested or deported.  He hides behind the claim that this is simply about prioritizing limited resources.

Certainly limited law enforcement resources need to be used as effectively as possible.  Focusing the major thrust on aliens who are identified as having been convicted of crimes is a good idea, but no alien who is illegally present in the United States should ever feel confident that he (she) has nothing to fear where immigration is concerned.

The next administration must do what is essential to reverse the current lack of immigration law enforcement that deprives Americans and lawful immigrants of jobs imperils national security and community safety and entices and encourages unknown millions of additional illegal aliens to violate our laws and our borders.  The solution is a program I have come to refer to as “COMPILE.”  It is an acronym for “Comprehensive Immigration Law Enforcement.”

When the issue of immigration is raised today, generally two issues are discussed, securing the US/ Mexican border and going after employers who intentionally hire illegal aliens.

Certainly these are two important components of what must be seen as an integrated immigration system.  The biggest area of concern is what is known as interior enforcement of our nation’s immigration laws.  Certainly investigating and punishing employers who intentionally hire illegal aliens would be an important component of a comprehensive approach to interior enforcement but this does not take into account how easily aliens can secure stolen identities in order to pass muster where E-Verify is concerned.  When you consider that TSA has over 60,000 employees and ICE has about 7,000 it is easy to see that ICE needs many more agents, more resources and clear marching orders. The time has come to end the disturbing ease with which aliens are able to game the immigration benefits program to acquire lawful immigrant status and even United States citizenship by defrauding the system.  It must be anticipated that a crack down on employers of illegal aliens will cause aliens to seek to game the benefits program and countermeasures must be implemented.

Local law enforcement agencies must be made to work cooperatively with ICE when they encounter aliens who are either illegally present in the United States at the time of initial encounter by local or state police and they must also notify ICE when an alien, even an alien who is at the time of encounter, lawfully present if that alien may become subject to deportation of said alien is facing felony charges.

Local, state and federal prosecutors must also work cooperatively with ICE and with district immigration counsels to make certain that if an alien is being prosecuted for a serious crime that unless it is the intention of the prosecutors, that such an alien not be permitted to enter into a plea bargain that inadvertently removes a criminal charge that would strip that alien of his resident alien status.

It is time that our political leaders reflect on the true purpose of our nation’s immigration laws, to protect the citizens of the United States- and act accordingly!

It has been said that you only get one opportunity to make a first impression.  For aliens seeking to enter our country the laws that they generally first encounter are our immigration laws.  Under the current administration that first impression is that in the United States not only will violations of laws be tolerated but rewarded!  That’s one hell of a dangerous first impression especially in this perilous era!

We the People should be compiling a list of politicians who are unwilling to enforce all of the immigration laws and make them accountable on Election Day!

Where immigration law enforcement is concerned, the term “Comprehensive” should refer to all of the laws of the Immigration and Nationality Act and not to finding a way to reward all the aliens who have violated our nation’s borders and laws!

Comprehensive Immigration Law Enforcement- a concept that is long overdue!




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