The Immigration Policy of Absurdistan: Legal is Illegal; Illegal is Legal


Imagine for a moment that a pack of strangers – ranging from hooligans to plain homeless – illegally entered your home and started raiding the pantry, stealing your possessions, stuffing up the toilets, and sleeping on your bed.  When you call the police to come down and remove them, you are told they cannot assist you because they lack the power to profile the unwanted guests from other members of the household.  As desperation sets in, you join with your neighbors to chase them out.  Much to your chagrin, lawyers for the intruders impel the courts to issue a ‘cease and desist order,’ obstructing efforts to deny the intruders anything, including the twinkies in the pantry.  Moreover, teams of advocates for these brazen burglars begin to record the contact information of those locals who desire to stop the illegal entries.

Sound absurd and perverse?  Does it remind you of Sodom and Gomorrah?

Welcome to the reality of our immigration system.

There is something fundamentally wrong with a legal system that allows any affluent organization to immediately halt efforts of state governments to deal with their illegal immigration problem; encumbering those laws in years’ worth of frivolous legal proceedings.  There is something fundamentally perverse when the man entrusted with enforcing those laws can malevolently supplant the core laws governing our sovereignty – and face no threat of legal action.

Here are just a few recent news tidbits that exemplify the reprehensible and dyslexic actions of various branches of government toward our vital immigration laws:

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Supreme Court upholds Arizona’s restrictions on hiring illegal immigrants


The Supreme Court has upheld Arizona’s Legal Arizona Workers Act. That law allows the state to shut down businesses that hire illegal immigrants:

A recently enacted Arizona statute—the Legal Arizona Workers Act—provides that the licenses of state employers that knowingly or intentionally employ unauthorized aliens may be, and in certain circumstances must be, suspended or revoked. The law also requires that all Arizona employers use a federal electronic verification system to confirm that the workers they employ are legally authorized workers. The question presented is whether federal immigration law preempts those provisions of Arizona law. Because we conclude that the State’s licensing provisions fall squarely within the federal statute’s savings clause and that the Arizona regulation does not otherwise conflict with federal law, we hold that the Arizona law is not preempted.

The high court’s majority opinion written by Chief Justice John Roberts rejected Obama administration arguments that the Arizona law conflicted with federal immigration law:

  • Arizona’s licensing law falls well within the confines of the authority Congress chose to leave to the States and therefore is not expressly preempted.
  • The state law requires no more than that an employer, after hiring an employee, “verify the employment eligibility of the employee” through E-Verify.
  • Arizona’s requirement that employers use E-Verify in no way obstructs achieving the aims of the federal program. In fact, the Government has consistently expanded and encouraged the use of E-Verify, and Congress has directed that E-Verify be made available in all 50 States.

This is a huge win for those trying to do something about the never-ending flow of illegal aliens across our southern border. It is a huge loss for President Obama who will no doubt use it to continue to demonize the Supreme Court and rally his supporters for his reelection battle.

As Governor Pawlenty has pointed out, it is good to see that Justice Elena Kagen properly recused herself from participating in this ruling because of her previous position as President Obama’s Solicitor General. That is a precedent she must also follow when ObamaCare is presented before the court.

You can read the decision (pdf) here.


Supreme Court upholds Arizona’s restrictions on hiring illegal immigrants


The Supreme Court has upheld Arizona’s Legal Arizona Workers Act. That law allows the state to shut down businesses that hire illegal immigrants:

A recently enacted Arizona statute—the Legal Arizona Workers Act—provides that the licenses of state employers that knowingly or intentionally employ unauthorized aliens may be, and in certain circumstances must be, suspended or revoked. The law also requires that all Arizona employers use a federal electronic verification system to confirm that the workers they employ are legally authorized workers. The question presented is whether federal immigration law preempts those provisions of Arizona law. Because we conclude that the State’s licensing provisions fall squarely within the federal statute’s savings clause and that the Arizona regulation does not otherwise conflict with federal law, we hold that the Arizona law is not preempted.

The high court’s majority opinion written by Chief Justice John Roberts rejected Obama administration arguments that the Arizona law conflicted with federal immigration law:

  • Arizona’s licensing law falls well within the confines of the authority Congress chose to leave to the States and therefore is not expressly preempted.
  • The state law requires no more than that an employer, after hiring an employee, “verify the employment eligibility of the employee” through E-Verify.
  • Arizona’s requirement that employers use E-Verify in no way obstructs achieving the aims of the federal program. In fact, the Government has consistently expanded and encouraged the use of E-Verify, and Congress has directed that E-Verify be made available in all 50 States.

This is a huge win for those trying to do something about the never-ending flow of illegal aliens across our southern border. It is a huge loss for President Obama who will no doubt use it to continue to demonize the Supreme Court and rally his supporters for his reelection battle.

As Governor Pawlenty has pointed out, it is good to see that Justice Elena Kagen properly recused herself from participating in this ruling because of her previous position as President Obama’s Solicitor General. That is a precedent she must also follow when ObamaCare is presented before the court.

You can read the decision (pdf) here.


Obama admin gives illegal aliens backdoor amnesty


The so-called backdoor amnesty for illegal aliens is no longer merely another bad idea from the Obama administration. According to the Houston Chronicle, the Department of Homeland Security is trying to dismiss thousands of deportation cases against “suspected illegal immigrants.”

The Chronicle reports the Obama amnesty effort began “about a month ago” in Houston, where the Department of Homeland Security now has five attorneys working full-time on this backdoor amnesty for illegal aliens. The amnesty program is expected to be rolled out nationwide soon.

Senator John Cornyn blasted the Obama amnesty:

This situation is just another side effect of President Obama’s failure to deliver on his campaign promise to make immigration reform a priority in his first year. Until he does, state and local authorities are left with no choice but to pick up the slack for prosecuting and detaining criminal aliens.

Read More →


Obama admin gives illegal aliens backdoor amnesty


The so-called backdoor amnesty for illegal aliens is no longer merely another bad idea from the Obama administration. According to the Houston Chronicle, the Department of Homeland Security is trying to dismiss thousands of deportation cases against “suspected illegal immigrants.”

The Chronicle reports the Obama amnesty effort began “about a month ago” in Houston, where the Department of Homeland Security now has five attorneys working full-time on this backdoor amnesty for illegal aliens. The amnesty program is expected to be rolled out nationwide soon.

Senator John Cornyn blasted the Obama amnesty:

This situation is just another side effect of President Obama’s failure to deliver on his campaign promise to make immigration reform a priority in his first year. Until he does, state and local authorities are left with no choice but to pick up the slack for prosecuting and detaining criminal aliens.

Read More →


Illegal Immigration Costs Us Net $100 Billion


The debate over illegal immigration often is clouded with the question of whether illegal immigrants are a net economic benefit or cost to society. This is often amplified by the leftist when he says “these people do the jobs Americans won’t do,” which has often struck me as rather demeaning of both the immigrant and the American – not to mention being ridiculous.

As someone who lives in Texas and has dealt with the illegal population first hand – in both a personal and professional capacity – my belief is that it is critically important we remember that these are human beings, each with his own story, the vast majority of whom are good people looking for a better way of life in America.

But it is neither good for America nor good for immigrants, legal or illegal, for our country to abandon the rule of law and to continue to absorb the cost of illegal immigration. Now, of course, it is a difficult calculation – having to take into account various taxes paid vs. all services consumed, and basing that on an unknown number of people here illegally. But the good folks at FAIR (Federation for American Immigration Reform) have issued a report estimating that the net cost of illegal immigration to the American taxpayer is approximately $100 billion.

Read More →


Illegal Immigration Costs Us Net $100 Billion


The debate over illegal immigration often is clouded with the question of whether illegal immigrants are a net economic benefit or cost to society. This is often amplified by the leftist when he says “these people do the jobs Americans won’t do,” which has often struck me as rather demeaning of both the immigrant and the American – not to mention being ridiculous.

As someone who lives in Texas and has dealt with the illegal population first hand – in both a personal and professional capacity – my belief is that it is critically important we remember that these are human beings, each with his own story, the vast majority of whom are good people looking for a better way of life in America.

But it is neither good for America nor good for immigrants, legal or illegal, for our country to abandon the rule of law and to continue to absorb the cost of illegal immigration. Now, of course, it is a difficult calculation – having to take into account various taxes paid vs. all services consumed, and basing that on an unknown number of people here illegally. But the good folks at FAIR (Federation for American Immigration Reform) have issued a report estimating that the net cost of illegal immigration to the American taxpayer is approximately $100 billion.

Read More →


The Constitution Is The Rule Of Law On Illegal Immigration


A few years ago I posted a 13 part series on The Constitution. I am by no means a Constitutional scholar but do believe as a citizen of this Nation is it my responsibility to know our Constitution and understand the true and real intent of our Founders in writing this wonderful document.

While the Declaration of Independence establishes our God given rights of ,”life, liberty and the pursuit of happiness, ” the Constitution by the rule of law insures that those rights are protected even from the federal government.

When I posted the series the amnesty bill which thankfully failed in Congress was in full swing and I felt it necessary to include in the series what the Framers and our Constitution established on the hot bed issue of illegal immigration. Following is that post and in light of the legal and needed bill which is now law for the State of Arizona, knowing what our Constitution establishes concerning immigration is even more prudent now than it was in 2007.

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

Amendment 14, Section 1 – “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Whenever a question arises concerning an important issue such as immigration, the best and most reliable source for finding what this Nation should do in solving any problem that we face is to look to the Constitution.

While there are only two specific references in the Constitution to immigration , stated in this most important of documents as , “naturalization, ” there is clear evidence by the Framers as to what they intended concerning the rights of the people who live in this country and how those rights affect immigrants both legal and illegal.

The two references in the Constitution that specifically mention , “naturalization, ” are found in Article I, Section 8 in creating the authority of the Congress, “To establish an uniform Rule of Naturalization.” Thus from a Constitutional stand point it is the responsibility of Congress to establish all laws and rules of naturalization or immigration.

The second reference is located in the 14th Amendment shown above stating that , “All persons born or naturalized in the United States,” are, “citizens of the United States and of the State wherein they reside.”

The key thought in the 14th Amendment which along with several other provisions established in the Constitution shows that the intent of the Framers was that only citizens of the United States whether born or naturalized are granted the rights and privileges that are available in America.

While Congress has the Constitutional authority to establish laws of naturalization or immigration they do not have a true Constitutional authority to create blanket legislation that allows non – citizens the rights of born or naturalized Americans. In other words amnesty is technically unconstitutional because it bypasses the laws which are established for immigrants to become American citizens.

The beginning of the Preamble of the Constitution states clearly who gives authority to the government and in whom the rights established in the Constitution belong to and they are,” We the People of the United States.”

The Framers clearly show that the laws governing this country as established in the Constitution and the rights that are available are for citizens of this land. Even the very Representation in our government from the President to the Congress are established that eligibility to hold public office is reserved for citizens only with the President required to be a natural born citizen of The United States and not a naturalized citizen.

Throughout the Constitution our rights are continually shown to be for citizens of the country, even when the word citizen is not specifically mention. The Preamble calling the establishment of the Constitution by, “We the people, ” clearly indicates that each of the rights and privileges as recorded by the Framers are for the citizenry of this country only.

This does not mean that those who immigrate legally to The United States are treated as second class people or that the laws that protect our citizens whether civil or criminal do not afford the same protections and freedoms to all whether citizen or legal immigrant.

But the rights that we have to vote, to speak freely, to worship as we will, to keep and bear arms, protection from illegal search and seizure, all are rights given by authority of the people for the people, the citizens of the land. It then is also established that any of these rights that may be afforded or not afforded to non-citizens are given ONLY by the authority of the people of The United States.

Anyone who enters in or resides in this country has the privilege given by the authority of the people to share in our freedoms and rights. Citizenship though is not a right that is given nor the privileges of citizenship to any immigrant whether legal or illegal until they have been established by the laws of naturalization as Americans.

Birth gives Americans the right of citizenship but to those who immigrate citizenship must be given by the rule of law. The Framers made it very clear that the law must first be satisfied before the rights of citizenship are available. Each Constitutional reference to our rights and privileges are for the people who are the citizens only.

The Framers realized that once the freedoms and liberties that we have in this country became known to the world that The United States would become a melting pot of cultures and nationalities from all over the world. But they also understood the necessity of keeping our identity as Americans and in establishing a uniform rule of law for gaining citizenship in America and having as born and naturalized citizens the rights and privileges as an American!

Ken Taylor   The Liberal Lie, The Conservative Truth