Administration Creates Immigration Policies Based on Failed Legislation

I have provided you with a news report that appeared in the Washington Times on the 1st of April, 2011. The fact that the article was published on April Fool’s Day nearly convinced me that this was not an actual news report but a spoof!

Unfortunately, this article was not an April Fool’s prank but was a real news article that left me bewildered.

The way our government works (or at least is supposed to work) is that a bill is proposed by members of the legislative branch The bill then has to go through the legislative process and then is voted on by both the members of the House of Representatives and the members of the United States Senate.

Once the bill is passed by both houses of Congress it then lands on the desk of the President who can either sign the bill, thereby making it the law of the land or he can veto the bill, in which case it does not become a law. This is the abbreviated explanation. I have provided you, below, with a chart that explains the process in much greater detail. My commentary will continue below the chart. You may wonder why I am providing you with this crash course on this aspect of an explanation of the legislative process, but I assure my reasoning will become readily apparent when you continue reading my commentary below.

HOW A BILL BECOMES LAW: The Path of Legislation:

According to the Washington Times news report that was written by veteran Washington Times journalist Stephan Dinan, Secretary of DHS Janet Napolitano made a statement on Friday, April 1st that left me utterly astounded. Here is how she was quoted:

Homeland Security Secretary Janet Napolitano said Friday that illegal immigrant students and young adults who meet the criteria in last year’s failed legalization bill in Congress are not a “priority” for her department’s law enforcement efforts.

Wading into an increasingly thorny debate, Miss Napolitano said she cannot unilaterally ignore deportations laws for broad groups of illegal immigrants, but said students and young adults who would have been legalized had last year’s “Dream Act” legislation passed Congress are not a chief target of federal authorities.

“I will say, and can say, that you know what? They are not, that group, if they truly meet all those criteria, and we see very few of them actually in the immigration system, if they truly meet those [criteria], they’re not the priority,” the secretary said at an event sponsored by NDN, a progressive think tank and advocacy group, on the future of the nation’s border policies.

You really have to read her outrageous statement several times to make certain that you did not, somehow miss something!

Apparently even the DREAM Act failed to make it through the legislative process, Ms Napolitano is setting a policy for ICE (Immigration and Customs Enforcement) that would all but declare any illegal alien who would have qualified as being eligible for legalization under the DREAM Act will not be arrested by enforcement personnel of ICE even though their presence in our country continues to represent a violation of our laws!

She has all but declared that a failed effort at legislation will be treated as though the DREAM Act was, in fact, enacted into law!

Obviously the government cannot grant lawful status to these illegal aliens- by her statement Napolitano has declared that the principles behind the legislation that failed to pass would guide her policy decisions!

Before you continue reading my commentary I would ask that you go back to the chart I have provided and see where there is any provision, under the Constitution of our nation for failed legislation to result in policy decisions. Of course there is no such provision!

What is especially disturbing to me is not that students who have no criminal histories are not a priority for ICE- it is that the President of the United States, Secretary of the Department of Homeland Security and the head of ICE have all linked failed legislation with the policy decisions of the administration. This is something that I do not ever recall ever hearing being stated by anyone previously!

I have often noted that law enforcement should be conducted the way that doctors at the scene of a catastrophe conduct a triage- to address the most serious issues first. Clearly the first priority for any law enforcement agency should be to go after those who pose the greatest threat to the safety of the people. Where immigration is concerned, it is clear that criminal aliens should be the priority for ICE. However, it is wrong to utterly ignore illegal aliens who have no criminal histories because if it becomes understood that aliens who have not criminal convictions have little to fear from ICE, then illegal aliens seeking unlawful employment would become emboldened to run our nation’s borders in increasing numbers.

If you couple reckless and outrageous statements that illegal aliens who would have met criteria for inclusion in an ill fated legislative program (DREAM Act) with ever so many assurances by the President of the United States, key members of the administration including Janet Napolitano and political “leaders” such as Chuck Schumer, Nancy Pelosi, Harry Reid, John McCain and a number of other “usual suspects” that they are determined to provide a “pathway for United States citizenship” notwithstanding the fact that these aliens violated our nation’s borders and our nation’s laws- then you have to come to the conclusion that aliens are thereby being induced and encouraged to violate our nation’s borders.

Consider this quote from the newspaper article:

Mr. Obama himself this week said he cannot ignore deportation laws, but he said those students who would have been eligible for the Dream Act are people “we want to see succeed.”

Both Miss Napolitano and John Morton, director of U.S. Immigration and Customs Enforcement, said Friday that those individuals are not a focus of their efforts.

“If you take a look at the record, people that fit within the confines of the Dream Act, there are in fact very, very few deportations of those kinds of individuals,” Mr. Morton said.

Could these leaders possibly do more to encourage illegal aliens to enter our country and, perhaps bring their children to the United States- thereby endangering them by bringing them across some of the most dangerous real estate in the Western hemisphere?

The border between the United States and Mexico has, in many locations, become a near “free fire zone” and the extreme heat of the desert, coupled with poisonous snakes and insects make the simple act of traversing this inhospitable area a death defying act! (In fact, I often wonder why those who subject children to such dangers are not prosecuted for the reckless endangerment of the children they bring with them through this area! How many times have you heard of parents being charged with the reckless endangerment of their children if they leave them in their cars on a hot day or if they drive their cars at high speed with their children in the car? Certainly in many of those cases the charges are clearly warranted.)

Under the provisions of the Immigration and Nationality Act, if an ordinary person made such promises of rewards for unlawful entry into our country would likely be prosecuted for committing a felony! Where our leaders are concerned- they certainly would not be prosecuted for making such statements of encouragement to illegal aliens and can actually create policies that virtually shield illegal aliens from the law!

As I noted in a recent commentary about this issue, here, again, is the precise wording of that section 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:

    Something else worth considering should also give all of us “cause for pause.”

    No matter on where you stand on a host of issues- what should now happen if a bill would be proposed to legalize narcotics and is then defeated? Would the DEA be told to no longer make arrests for possession or sale of narcotics?

    What would happen if other laws are proposed that address other crimes- would those laws that fail to pass nevertheless serve to determine policies for the agencies that have jurisdiction?

    It is also extremely important to understand that by making a public pronouncement that ICE will not seek to arrest illegal aliens who are students that terrorists and others who want to embed themselves in communities, even though they are illegally present in our country, would simply have to enroll in schools and, in a manner of speaking, become “inoculated” against the potential of being arrested by ICE for violating our nation’s immigration laws.

    Could you imagine the Director of the Internal Revenue Service making a public announcement as to what would trigger a tax audit and, conversely, what would cause the folks at the IRS to ignore those who commit violations of the tax law?

    I am fairly confident that there is no way on earth that such information would be made public. Why then did the head of the DHS make such a public statement about how an illegal alien would all but guarantee himself (herself) that they could remove the threat of arrest and removal (deportation) even though they are illegally present in our country?

    Do you wonder why I have come to refer to the DHS as the “Department of Homeland Surrender?”

    The effective enforcement and administration of our nation’s immigration laws are, arguably, among the most important of all missions that are supposed to be carried out by our federal government.

    Nothing less than the security of our nation and safety of our citizens hang in the balance!

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

    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.

    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.

    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 resolve this year to get involved!

    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!

    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!