Category Archives: IMMIGRATION

Rubio’s Immigration Bill A Statist’s Dream

Business, Classical Liberalism, Democrats, Government, Homeland Security, IMMIGRATION, The State

“Rubio’s Immigration Bill A Statist’s Dream” is the current column, now on WND. An excerpt:

“The ‘Border Security, Economic Opportunity, and Immigration Modernization Act (S.744)’ is statist through-and-through.

This is one thing one can state unequivocally about the Gang of Eight’s immigration Bill. The same goes for those who support it. The ‘libertarian’ Independent Institute, for one, whose scholars claim that the ‘Positive Aspects of Immigration Bill Outweigh Its Flaws.’

This is nonsense on stilts—true only if an expansion in the size and power of the federal government is a net positive.

If you’ve enjoyed the ‘work’ of Department of Homeland Security Director Janet Napolitano, you’ll love her successor (rumored to be the New York Police Department’s stop-and-frisk Ray Kelly). The Marco Rubio immigration Bill concentrates even more power in the office Kelly may inherit. Such power includes the ability to adjust the status of a ‘registered provisional immigrant’ (RPI) to that of ‘an alien lawfully admitted for permanent residence’ on satisfying a few ridiculous conditions, one of which is the RPI’s ‘continuous physical presence.’ In other words, for being in the country illegally, the RPI may get his illegal status reversed at the pleasure of The Secretary.

Is this not Kafkaesque? It is for any American who imagines that government ought to, at the very least, stand sentinel against unsolicited and unjustified trespass.

Almost all powers specified in the Bill are the prerogative of the Secretary of DOHS, although DOJ will get a chance to bolster its banana-republic credentials. Eric Holder’s Department of Justice gets bigger and badder under the Gang of Eight’s plot to reel-in more ‘undocumented Democrats.’

For instance, were an employer to hire, fire or verify an RPI’s employment eligibility in a manner that might be construed as a discriminating ‘immigration-related employment practice,’ the proprietor is in hot water. In defending their rights of private property, ‘foreign labor contractors’ will be, moreover, going up against tax-paid litigators, to whom the amnestied will have access.

You’d think that an expansion of the frivolous and counter-intuitive grounds upon which private-property owners may be prosecuted goes against libertarian sensibilities.

Another burden business will bear is …”

Read the complete column. “Rubio’s Immigration Bill A Statist’s Dream” is now on WND.

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McCain’s Murderous Muhammadans Behead Syrian Catholic Priest

Christianity, Foreign Policy, IMMIGRATION, Islam, Jihad, John McCain, Literature, Middle East, War, Welfare

Today came terribly sad news. John McCain’s murderous Muhammadans beheaded a Syrian Catholic priest, to the cheers of local villagers, children too.

The senior Republican senator from Arizona recently crossed enemy lines to cavort with these Syrian rebels, the type of chaps who lunch on enemy lungs. He, Lindsey Graham—another senior Republican Senator—and many of their Demopublican colleagues can’t wait to supply the noble savages of the world with rations, their exotic tastes and murderous proclivities be damned. The US Constitution these politicians have spent a lifetime trashing.

Those who know “McMussolini” know that the only time John McCain will shake fists and point fingers is over a war delayed, one that isn’t led by the US, or a war waged without the necessary conviction (read collateral damage).

Oh, he’ll also wrestle a crocodile for an illegal alien. Or, rather, get his beefy dumbo of a daughter, Meghan McCain, to do the wrestling for him.

The complaint McCain and his posse level against Obama for not becoming as entangled in Syria as they would have liked is remarkably sophisticated (NOT): Had Obama intervened in Syria earlier, they assert without proof, we’d be dealing with the purest of rebels, and not with the McCain mongrels, who’ve been diluted by Jihadis.

Rubbish.

A quip by a character in one of the great Oscar Wilde’s plays (not to be confused with wonderful Oscar-Wood) comes to mind. “She thought that because he was stupid he’d be kindly, whereas kindliness requires intelligence and imagination.” I paraphrase Wilde, but this applies in spades to McCain, a career Republican malevolent fool, who took to Fox News Sunday with his buddy Chuck Schumer to promote more war (in Syria) and more welfare (the Oink-Filled Immigration Omnibus).

For Christians, rule by Alawite minority is by far the more civilized of the options facing them in this country. This, unfortunately, is the reality. But does the US ever learn from the Anglo-American calamity in Iraq or Afghanistan? In the words of Frederick Douglass, “To ask the question is to answer it.”

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UPDAED: Rand Paul’s Reversal On Oink-Filled Immigration Omnibus

IMMIGRATION, Law, Republicans, Welfare

Rand Paul strikes more political poses than a practitioner of tantric sex.

In March this year, he joined the Gang of Eight (Gof8) with his own goof-proof “case” for amnesty. It was that “de facto amnesty” must give way to amnesty de jure. In other words, Rand’s non sequitur was that, given reality on the ground, legislators must take action to turn it into a legal reality.

The one condition doesn’t necessarily follow from the other. Since when are legislators obligated to legislate over every reality that forms on the ground?

Two days ago, Rand told CNN’s chief political correspondent Candy Crowley that, “Without some congressional authority and without border security first, I can’t support the final bill.”

I suspect Rand Paul “heard” a thing or two from his constituents. The omnibus immigration bill is a pork-filled power grab of a bill, if ever there was one. (Aren’t they all? A pork-filled power grab is the definition of legislation.) It is “headed toward bipartisan passage in the U.S. Senate, but is going nowhere from there.

UPDATED (6/27): The Heritage Foundation on the “Expansion of Government Bureaucracy” that is the Oink-Filled Immigration Omnibus, which passed today with Republican support in the Senate:

In addition to creating an open season on government spending, the provisions within S. 744 would also substantially expand government bureaucracy. The bill creates several new offices, task forces, and commissions including the:

Southern Border Security Commission, composed largely of appointed members and charged with making recommendations to achieve effective control along the border;[31]
Department of Homeland Security Border Oversight Task Force, composed of members appointed by the executive and charged with providing review and recommendations on government immigration and border enforcement policies and programs, and their specific impact on border communities;[32]
Task Force on New Americans, composed largely of Cabinet members and created to establish coordinated federal policies and programs to promote assimilation.[33]
Joint Employment Fraud Task Force, created to investigate compliance with immigration employment verification requirements;[34] and
Bureau of Immigration and Labor Market Research, charged with analyzing labor shortages, developing methodologies for determining the annual cap for the newly created employment-based W visa, and help employers to recruit W visa holders.[35]

Even where the bill does not explicitly create new government agencies and offices, it is likely to expand government bureaucracy. For one, the amnesty provisions contained within S. 744 would create a flood of applications to be processed by USCIS, an agency that is already struggling to keep up. Yet, instead of providing much-needed reforms to USCIS that would create a healthier and more responsive agency, an issue that is not addressed within the bill, the likely response will be to simply throw more money and manpower at the problem.[36] The same response is likely to be true for the Internal Revenue Service, which may require more personnel to enforce the bill’s requirement that amnesty applicants satisfy applicable federal tax liability.

Additional provisions also establish burdensome government regulations and fees that promise to have a direct effect on business, including the setting of mandatory wages for nonimmigrant agricultural workers and pro-union provisions restricting agriculture employers’ ability to hire needed workers.[37] The bill also established numerous fees to be paid by employers seeking foreign labor, which add to business costs and ultimately fund many of the bill’s other misguided priorities.[38] Such regulations and fees will only serve to burden business, raise costs, and decrease the incentive for employers to create new jobs.

UPDATED: Where Are Tenth-Amendment Advocates On Senate Amnesty Bill?

Conservatism, Constitution, Federalism, IMMIGRATION, Republicans, States' Rights

In “Democracy And The Immigration Political Steamroller,” I inquired after the Tenth-Amendment Center. Why was it AWOL in the current amnesty fiasco?

To its credit, The Heritage Foundation has not gone along with the open-border crowd, and has made some sharp points about the top-down federal approach that characterizes the Senate’s “Border Security, Economic Opportunity, and Immigration Modernization Act”:

8. Disregard for Federalism

The Tenth Amendment of the United States Constitution clearly articulates that powers not explicitly delegated to the federal government are thereby reserved to the states.[46] The Founders understood that in order to know what is truly necessary and prudent for the protection of citizens’ rights and liberties, one must be in constant interaction with the people. For this reason, the Founders felt that states fostered the best-equipped individuals to represent the interests of public safety on behalf of their own citizens.

States also have a unique familiarity with their communities that enables them to better navigate the difficult issues of detection, detention, and deportation of illegal aliens. Following this same rationale, many legal experts believe that state and local governments retain inherent authority to enforce federal civil law. Opponents to this practice, however, feel the federal government should be the controlling voice when determining immigration policies and border security, with little to no guidance from the states themselves. As was the case with Arizona’s S. B. 1070 immigration law, when the state attempted to implement requirements it felt necessary to determine the immigration status of an individual, the federal government saw the state as an obstacle rather than an ally.[47]

Yet, with fewer than 6,000 Immigration and Customs Enforcement (ICE) agents, failing to use the one million state and local law enforcement personnel to supplement federal personnel makes little sense. State and local law enforcement would, in fact, be a powerful force multiplier for immigration law enforcement. Yet, S. 744 continues to promote a top-down federal approach to addressing immigration while leaving minimum room for real collaboration.[48]

The bill does include a select few instances where some form of collaboration presents itself between the state, local, and federal governments. For example, four of 10 appointed members to the Southern Border Security Commission are to be representatives of the four states along the southern border. One representative is to come from each of the states and be either the governor or someone appointed by the governor.[49] Also, with approval from the Secretary of Defense, a governor may order personnel of the National Guard of his or her own state to perform operations and missions in the southwest border region for the purposes of assisting U.S. Customs and Border Protection.[50] These instances, however, are very limited.
State and local law enforcement would be a powerful force multiplier for immigration law enforcement. Yet, the Senate bill promotes a federal top-down approach to addressing immigration, leaving minimum room for real collaboration.

Otherwise, the bill provides no clear proposal for partnerships between the federal and state or local governments. Indeed, the legislation makes no mention of effective collaborative immigration enforcement programs, such as Section 287(g) of the Immigration and Nationality Act, which allows the federal government to enter into agreements with state and local law enforcement to “act in the stead of ICE agents by processing illegal aliens for removal.”[51]Instead, it pushes a federal-government-knows-best-and-will-fix-all mentality.

Read Heritage’s 9 other points.

Advocates of the Tenth and states’ rights are clearly AWOL.

UPDATE: Jack Kerwick isn’t. He’s out there wrestling with the illogic of the concepts immigration fetishists deploy to beat you about the head. “Toward an Honest Discussion of Immigration”: Read it!

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