The Immigration Debate; The Arizona Law & Its Place In The History Of American Immigration Laws

Enough already with the race baiting from the left …..

Arizona’s new law is neither unconstitutional nor does Arizona’s new law call for racial profiling.

For a discussion of Arizona’s new “immigration law” see  https://mcauleysworld.wordpress.com/2010/05/05/the-immigration-debate-arizonas-law-facts-from-fiction-are-you-tired-of-being-lied-to/     or https://mcauleysworld.wordpress.com/2010/05/14/el-debate-de-inmigracion-la-ley-de-arizona-hechos-de-la-ficcion-%c2%bfesta-cansado-de-que-nos-mientan/ 

THE CURRENT POLITICAL SPIN

The left is trying to create a poltical advantage and distract the American public from the real issues of unemployment a faltering economy and rising crime rates with fabricated claims of racism in the new Arizona law, a law which is incorrectly being called an “immigration law” when in fact the law focuses on the prevention of criminal acts and the enforcement of exisiting criminal laws. See: https://mcauleysworld.wordpress.com/2010/05/05/the-immigration-debate-arizonas-law-facts-from-fiction-are-you-tired-of-being-lied-to/     or  https://mcauleysworld.wordpress.com/2010/05/14/el-debate-de-inmigracion-la-ley-de-arizona-hechos-de-la-ficcion-%c2%bfesta-cansado-de-que-nos-mientan/ 

The race baiters are not interested in uniting our neighborhoods, healing our wounds or bringing people together, for making our Country a safer place for all, for bringing an end to the illegal drug smuggling or sexual trafficking trade, for ending 21st century slavery ……. they are hoping to bring destruction, to destroy communities and to divide the people for their own personal gain.  

Earliest History of America’s Immigration Laws

The United States Constitution was adopted in 1789. Congress adopted the first “immigration law” one year later in 1790 when it granted citizenship to the first “immigrants”. Subsequent legislation passed in the 1790’s required prospective citizens to renounce or give up former allegiances to other “Sovereign Nations” and to surrender titles of nobility granted by foreign monarchs prior to being granted citizenship in our great country. 

In 1798 Congress authorized the President to expel “dangerous” aliens in the Alien Friends Act and the Alien Enemies Act. 

The Naturalization Act of 1802 expanded the provisions of the 1795 law and created a “five-year legal residency requirement” prior to granting an immigrant citizenship. Then in 1808, Congress enacted a law forbidding the importation of slaves.

No official immigration records were kept until 1820, but it is estimated that 250,000 immigrants, 1/4 of a million people, arrived in the United States between 1790 and 1820 – the 1st 30 years of the Constitutionally governed United States. It is estimateed that an additional 10 million immigrants came to American between 1820 and 1875 when the US passed its first “restrictive” immigration law.

A total of 10 million 250 thousand people “immigrated” to the United States between 1790 and 1875. The first “restrictive immigration law” in 1875 excluded “convicts” and “prostitutes”, the 1st classes of individuals to be denied “lawful entry” into the United States. Those same “class” restrictions continue to this day. 

In 1903 the United States added “anarchists” to the list of those to be “denied entry” into the United States. An anarchist is someone who who seeks to overturn, by violence, all constituted forms and institutions of society and government, with no purpose of establishing any other system of order in the place of that destroyed. http://dictionary.reference.com/browse/anarchists

In 1918 Congress expanded this exclusion when it enacted the “Anarchist Act” which expanded the definition of those to be denied entry to include,  “a person who promotes disorder or excites revolt against any established rule, law, or custom.”. The Act of 1918 did not only deny admission to the United States but also provided a basis to deport “anarchists” out of the Country.

The Act specifically identified the following people

            (a) aliens who are anarchists;

(b) aliens who advise, advocate, or teach, or who are members of, or affiliated with, any organization, society, or group, that advises, advocates, or teaches opposition to all organized government;
(c) aliens who believe in, advise, advocate, or teach, or who are members of, or affiliated with, any organization, association, society, or group, that believes in, advises, advocates, or teaches:
(1) the overthrow by force or violence of the Government of the United States or of all forms of law, or
(2) the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the Government of the United States or of any other organized government, because of his or their official character, or
(3) the unlawful damage, injury, or destruction of property, or
(4) sabotage;
(d) aliens who write, publish, or cause to be written or published, or who knowingly circulate, distribute, print, or display, or knowingly cause to be circulated, distributed, printed, or displayed, or knowingly have in their possession for the purpose of circulation, distribution, publication, or display any written or printed matter, advising, advocating, or teaching opposition to all government, or advising, advocating, or teaching:
(1) the ovethrow by force or violence of the Government of the United States or of all forms of law, or
(2) the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers of the Government of the United States or of any other government, or
(3) the unlawful damage, injury, or destruction of property, or
(4) sabotage;
(e) aliens who are members of, or affiliated with, any organization, association, society, or group, that writes, circulates, distributes, prints, publishes, or displays, or causes to be written, circulated, distributed, printed, published, or displayed, or that has in its possession for the purpose of circulation, distribution, publication, or display, any written or printed matter of the character in subdivision (d).  http://en.wikipedia.org/wiki/Anarchist_Exclusion_Act

Limits on Immigration- Immigration Quotas – The 1920’s

In the 1920’s Congress implemented the first numerical controls on immigration. Enacted first, as a temporary measure, the 1921 Quota Law marked a major shift in the U.S. approach to immigration control. The law limited immigration from each foreign nation to 3% of the number of foreign-born persons of that nationality residing in the U.S. as of the 1910 census.

The total quota for the Country was 357,000 new immigrants per year.

In 1924, Congress further restricted immigration by reducing the immigration quota from 3% of foreign-born persons under the 1910 census to 2% of the foreign-born under the 1890 census. This change cut the total quota of new immigrants per year to 164,667.

During the 1930’s and the “Great Depression” more people emigrated out of (left) the United States than “immigrated” into the Country. In the entire decade of the 1930’s only 500,000 ( 1/2 million) immigrants entered the United States. In the year 1932 only 35,000 (thirty five thousand) immigrants entered the country while 100,000 (one hundred thousand) left or emigrated out of the country.

In the 1940’s the United States negotoated the first of its “temporary worker” programs with Mexico. 

In a 1948  response to problems created by the devastation of Europe in World War II and the Nazi Holocaust, Congress adopted the Displaced Persons Act that allowed for the admission into the U.S. of some 400,000 non-citizens. 

The Sovereign Right To Regulate Immigration

All sovereign nations have the right to regulate immigration.

See: The Human Rights Library of the University of Minnesota: http://www1.umn.edu/humanrts/immigrationlaw/chapter2.html

“The broad power of the federal government to regulate the admission, removal, and naturalization of non-citizens has its roots in the early history of the United States. Modern statutes, Supreme Court decisions, and federal agency regulations attest to the plenary (plenary = unlimited or full) nature of this power.” http://www1.umn.edu/humanrts/immigrationlaw/chapter2.html

THE SOURCE OF THE FEDERAL POWER 

Throughout the history of the United States the Supreme Court has upheld all manner of federal statutes regulating immigration. By contrast, Supreme Court decisions preclude states from passing legislation that directly impinges on this area of federal dominion. The Supreme Court’s basis for action is clear when the area regulated is naturalization. Article 1, § 8, clause 4, of the United States Constitution specifically grants Congress the power to establish a “uniform Rule of Naturalization.” By expressly allocating this power to Congress, the Constitution prevents the confusion that would result if individual states could bestow citizenship. The Constitution does not, however, explicitly provide that the power to deny admission or remove non-citizens rests with the federal government as opposed to state governments. In the early immigration cases the Supreme Court faced the problem of identifying the source of the federal government’s exclusive and plenary power over immigration. Ultimately the Supreme Court found the plenary power to be an inherent sovereign power. http://www1.umn.edu/humanrts/immigrationlaw/chapter2.html

Early cases cite specific constitutional provisions to support the inference that the federal government possesses complete power over international relations, including immigration matters. In addition to citing the foreign commerce power, the Supreme Court in Nishimura Ekiu v. United States (Sup.Ct.1892) cites the power to establish a uniform rule of naturalization; the power to declare war, and to provide and maintain armies and navies; and the power to make all laws necessary and proper. The Fong Yue Ting v. United States (Sup.Ct.1893) case adds the power to define and punish piracies, felonies committed on the high seas, and offenses against the law of nations. http://www1.umn.edu/humanrts/immigrationlaw/chapter2.html

The Migration and Importation Clause in Article I, § 9, clause 1, provides: “The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight….”. The specific limit on congressional power before 1808 could be construed to imply that after 1808, Congress would have power over migration and importation. http://www1.umn.edu/humanrts/immigrationlaw/chapter2.html

The War Power, found in Article I, § 8, clause 11, is an additional source of federal control over immigration. The War Power gives Congress the authority to “declare war.” The War Power authorized the exclusion and expulsion of enemy aliens. The Supreme Court upheld the constitutionality of such provisions in Ludecke v. Watkins (Sup.Ct.1948).

National Sovereignty

The United States Supreme Court ultimately found the source of the federal power to regulate immigration in a combination of international and constitutional legal principles. The Chinese Exclusion Case (Sup.Ct.1889) was the first case to hold that the federal power to exclude non-citizens is an incident of national sovereignty. The Court reasoned that every national government has the inherent authority to protect the national public interest. Immigration is a matter of vital national concern. Furthermore, it is the role of the federal government to oversee matters of national concern, while it is the province of the states to govern local matters. Therefore, the Court found that the inherent sovereign power to regulate immigration clearly resides in the federal government.

Subsequent cases reinforced national sovereignty as the source of federal power to control immigration and consistently reasserted the plenary and unqualified scope of this power.

Fong Yue Ting v. United States (Sup.Ct.1893) explicitly held that the power to expel or deport (now “remove”) non-citizens rests upon the same ground as the exclusion power and is equally “absolute and unqualified.”

“To be a sovereign nation, a people must have control over its territory. Without such control, a nation would be unable to govern itself and its borders effectively, and as a result, would be subject to the sovereignty of other nations. The power to regulate immigration is therefore inherent in the Constitution’s creation of a sovereign nation.” 

THE SCOPE OF THE FEDERAL POWER

To date there have been no successful challenges to federal legislation that refuses admission to classes of non-citizens or removes resident aliens. Federal immigration power thus appears limitless. Indeed, the Supreme Court has stated: “[O]ver no conceivable subject is the legislative power of Congress more complete.” Fiallo v. Bell (Sup.Ct.1977), Kleindienst v. Mandel, (Sup.Ct.1972), and Oceanic Steam Nav. Co. v. Stranahan (Sup.Ct.1909). Extreme judicial deference bears witness to the truth of this statement.

The United States Constitution & The United Nations Charter

The Constitution and the U.N. Charter have been dismissed as grounds for opposing federal immigration power. The federal courts and immigration authorities have without much consideration rejected an assertion in Hitai v. INS (2d Cir.1965), Vlissidis v. Anadell (7th Cir.1959), and Matter of Laurenzano (BIA 1970) that the immigration quota system is inconsistent with the U.N. Charter. The Supreme Court has upheld the constitutionality of federal statutes that detain non-citizens for the brief period necessary for their removal proceedings (Demore v. Kim (Sup.Ct.2003)) and that exclude non-citizens on the basis of race (Chinese Exclusion Case (1889)) and political belief (Kleindienst v. Mandel (Sup.Ct.1972)). Moreover, excluded non-citizens have no constitutional right to a hearing. Shaughnessy v. Mezei (Sup.Ct.1953). Mezei also determined that excludable non-citizens can be indefinitely detained if their country of origin refuses to accept them.

THE FUNCTIONS OF THE THREE BRANCHES OF THE FEDERAL GOVERNMENT IN REGULATING IMMIGRATION

The plenary and unqualified power of the federal government to regulate immigration, naturalization, and related foreign policy belongs to Congress. The possible international consequences of decisions in this area have made the federal judiciary extremely reluctant to substitute its judgment for the legislature’s. Justice Jackson articulated the Court’s position in Harisiades v. Shaughnessy (Sup.Ct.1952): “[A]ny policy towards aliens is vitally and intricately interwoven with contemporaneous policies in regard to the conduct of foreign relations, the war power, and the maintenance of a republican form of government. Such matters are so exclusively entrusted to the political branches of government as to be largely immune from judicial inquiry or interference.” Subsequent decisions echo this sentiment. Since the judiciary poses no obstacle, Congress has been historically free to “exclude aliens altogether or prescribe the terms and conditions upon which they may enter and stay in this country.” Lapina v. Williams (Sup.Ct.1914).

For example, Congress exercised its plenary authority in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”) that facilitated the removal of non-citizens.

The Supreme Court and the Paths To Citizenship

The Fourteenth Amendment “contemplates two sources of citizenship, and two only, birth and naturalization. Citizenship by naturalization can only be acquired by naturalization under the authority and in the forms of law.” United States v. Wong Kim Ark (Sup.Ct.1898). As with exclusion and deportation (now “inadmissibility” and “removal”), the Supreme Court has accorded great deference to the naturalization guidelines set by Congress. In United States v. Ginsberg (1917) the Court stated, “An alien who seeks political rights as a member of this nation can rightfully obtain them only upon the terms and conditions specified by Congress. Courts are without authority to sanction changes or modifications; their duty is rigidly to enforce the legislative will….” In cases involving classifications in the naturalization process, the Court has given a near absolute presumption of validity to distinctions drawn by Congress.

Congress has been historically free to “exclude aliens altogether or prescribe the terms and conditions upon which they may enter and stay in this country.” Lapina v. Williams (Sup.Ct.1914).

The Executive Branch and Immigration

As in other areas of the law, the function of executive agencies in the field of immigration is to enforce the legislation passed by Congress. The Executive Branch is not empowered to create Immigration Policy.

A Brief History of 20th Century Immigration Law Reform 

THE 1952 ACT

The Immigration and Nationality Act of 1952 (INA) consolidated previous immigration laws into one coordinated statute. As amended, the 1952 Act provided the foundation for immigration law in effect today.

The 1952 Act retained the national origins quota and established a 150,000 person limit.

Within the quota system, four types of entrance preferences were established. First preference was given to those entrants with skills or experience needed by the U.S. economy. Those persons with close family relations to U.S. citizens or permanent residents received lower preferences.

It should be noted that spouses, children, and parents of U.S. citizens were not and are still not subject to the quota or preference system. For that reason, they are called “immediate relatives.”

Following the passage of the 1952 law a large increase in apprehensions of deportable non-citizens occurred. The Border Patrol, numbering just about 1,000 strong, apprehended 800,000 deportable non-citizens in 1952; in 1954, that number increased to one million.

THE 1965 AMENDMENTS

The 1965 amendments replaced the national origins formula with a limit of 20,000 on each country in the Eastern Hemisphere and an overall limit of 170,000 for that hemisphere. The law established a quota of 120,000 for the Western Hemisphere, without preferences or country limits to take effect in 1968. ( A total of 290,000 new “legal immigrants” were to be allowed per year).

The 1965 amendments abolished the old four-preference system and established in its place a seven-preference system for close relatives and those immigrants with needed occupational skills from the Eastern Hemisphere.

Spouses of U.S. citizens were permitted to immigrate without reference to the quota or preference system.

Under the preference system, unmarried adult children of U.S. citizens received highest preference; second preference was granted to spouses and unmarried children of permanent residents. The preference for immigrants of “exceptional ability” and those in “the professions” was changed from first to third. Other relatives of citizens and permanent residents received the fourth and fifth preferences. Sixth preference was given to needed workers. Seventh preference was allocated to refugees.

THE 1976 AMENDMENT

The 1976 amendment applied the Eastern Hemisphere preference system to the Western Hemisphere, both hemispheres were subject to the 20,000 per country limit and the seven preference system.

THE 1978 AMENDMENT

The 1978 amendment established a world-wide quota of 290,000 and applied the same per country limits and seven preference system to both hemispheres. This worldwide ceiling eliminated the hemisphere consideration and allowed visas to go where the need was greatest.

Illegal Immigration in the 1970’s

The number of deportable non-citizens, which fell in the 1950s, climbed rapidly in the 1960s and 1970s, as did the number of total entries. In 1972, one half million deportable non-citizens were apprehended. By 1977, that annual figure had doubled. The Border Patrol had grown to a force of 2,400.

The Immigration Service estimated that, between undetected border crossings and violations of legal entry conditions, millions of undocumented non-citizens were living in the U.S. in 1974. In 1979 the Border Patrol apprehended one million deportable non-citizens. That year, the INS employed almost 11,000 personnel and had a 300 million dollar budget.

THE 1980 REFUGEE ACT

The Carter Administration asked for special legislation to deal with the issue of the “”Mariel Boat Lift” that delivered 100,000’s of Cubans to the shores of Florida. It later became evident that Fidel Castro, the Communist dictator in Cuba, had emptied his prisons and placed untold number of Cuban criminal felons on the boats with the non-criminal Cubans seeking asylum in the United States. http://en.wikipedia.org/wiki/Mariel_boatlift . The boat lift began on April 1, 1980 and ended in October 1980.

Estimates vary on how many of the incoming immigrants were “undesirables” or former felons. The low estimate placed the number at 7,500 with a high estimate of 40,000 covicted felons. Congress adopted an official estimate of 12,500. Approximately 2700 of the immigrants were denied entry due to their criminal past.

The “boat lift” was depicted in the movie “Scarface”.

THE 1986 IMMIGRATION REFORM AND CONTROL ACT (IRCA) 

In 1980 the United States Census Bureau counted 2,047,000 undocumented non-citizens in the country. Based on the Bureau of Census experience in miscounting other segments of the population, the Bureau had estimated that there were 5,965,000 undocumented persons in the country on census day April 1, 1980. 

The 1986 the Immigration Reform and Control Act (IRCA) dealt with the major problem of undocumented workers by imposing sanctions on employers while it legalized the status of undocumented entrants who had arrived prior to January 1, 1982.

In response to the demand for foreign agricultural labor, IRCA created a program that granted temporary and permanent resident status to qualified agricultural workers.

The IRCA did not substantially restructure the immigration law as it pertains to immigration quotas or the requirements for admission.

Another major goal of IRCA was improvement of enforcement and services. The act increased border patrol as well as other enforcement activities of the INS to deter unlawful entry of aliens into the U.S..

In exchange for the increased enforcement provisions of IRCA, Congress offered a broad amnesty for many undocumented non-citizens already present in the country. The one-time, limited amnesty program allowed qualified non-citizens who met its strict deadlines to obtain permanent resident status. To qualify, non-citizens were required to show that they had entered the United States before January 1, 1982, and had resided unlawfully and continuously in the United States from that date until the date they applied for amnesty. Non-citizens who entered with a valid nonimmigrant status that later expired could also qualify for amnesty by showing that their unlawful status was known to the U.S. government. Applicants were specifically required to (1) have been physically present in the U.S. since November 1986, except for “brief, casual, and innocent” absences; (2) meet most of the requirements of immigrant admissibility to the United States; (3) have not been convicted of any felony or of three or more misdemeanors committed in the United States; (4) have not assisted in any form of persecution; and (5) register for the draft, if required to do so.

Non-citizens who met these requirements and filed an application between May 5, 1987, and May 4, 1988, were granted temporary residence. After 18 months of temporary residence, the non-citizens had one year in which to apply for adjustment to permanent resident status or they would become undocumented once again. To adjust to permanent resident status, applicants were again required to meet the criteria for permanent residence and also meet minimal English and civics requirements.

IRCA mandated procedures to ensure strict confidentiality. The Act allowed voluntary organizations to receive applications and forward them to the INS. Whether a non-citizen applied through such an organization or directly to the INS, access to information in the applications was restricted to INS officers with no deportation responsibilities and the INS could only use the information to make a determination on the application or impose penalties for false statements.

Despite these precautions, response to the amnesty program was less enthusiastic than expected. The INS originally estimated that between two and four million applications would be filed by the almost 5.5 million illegals estimated to be in the Country, but when the program ended, only 1.4 million people had applied for amnesty.

A proposal to extend the application deadline passed the House of Representatives but died in the Senate, due to fears that an extension would send the message that the U.S. could not enforce its immigration laws. The program thus ended as planned on May 4, 1988.

Another concern in adopting IRCA was the potential adverse financial impact on the states. For this reason, IRCA included extensive provisions disqualifying newly legalized non-citizens (except Cuban/Haitian entrants) from receiving most federal public welfare assistance for five years. Appropriations were also included to compensate state and local governments for other public assistance and medical benefits conferred upon people granted amnesty, as well as for the costs of incarcerating undocumented non-citizens and “Mariel” Cubans.

IRCA also established a separate program for granting temporary and permanent status to qualified agricultural workers. This program was the result of agribusiness pressure for greater availability of such farm workers.

THE IMMIGRATION ACT OF 1990

In 1990, Congress passed a series of amendments to the Immigration and Nationality Act, collectively referred to as the Immigration Act of 1990 (“1990 Act” also known as “IMMACT 90”).

The most visible feature of IMMACT 90 was the increase by approximately 35% in the numerical limitation system, or overall immigration allowed. IMMACT 90 established an annual limit for worldwide immigration of 700,000 for three years, after which it decreased to 675,000. Because other provisions of the 1990 Act allowed immigration of groups not counted in the 700,000, and a separate law permitted as many as 125,000 refugees to be legally admitted, the actual worldwide immigration limit was closer to 800,000.

This number represented a nearly 300% increase over the 290,000 immigrants allowed in 1978. 

The 1990 Act increased the allocation for both family-related and employee-related immigration. In addition, the new law created a separate basis by which “diversity” immigrants, that is, nationals of countries with relatively low numbers of immigrants since 1965, could gain entry.

Of the first 700,000 annual allotment, 465,000 visas were made available to family-sponsored immigrants, 140,000 for employment-based immigrants, and 55,000 for diversity immigrants.

Beginning October 1, 1991, all family-sponsored immigration was limited to approximately 480,000 annually for two years, after which the yearly limit dropped to 465,000. The relatively large percentage of the overall limit allocated to family-related immigration reflected the continued commitment to family unity as a primary goal of immigration policy.

There is still no limit on immigration by immediate relatives.

The 1990 Act did guarantee admission of at least 226,000 other relatives of U.S. citizens and permanent residents, an increase of approximately 65,000 over the former quota, set just 4 years previously in 1986.

THE ACTS OF 1996 (AEDPA and IIRIRA)

Three new immigration acts were signed by President Bill Clinton in 1996.

The first of these acts was the Antiterrorism and Effective Death Penalty Act (AEDPA), which became law on April 24, 1996.

The second was the Personal Responsibility and Work Opportunity Reconciliation Act (Welfare Reform Act), which became law on August 22, 1996. The changes made by the Welform Reform Act were part of a comprehensive reform of the American Welfare System and were not reforms solely made to target immigrants or illegal immigrants.

The third was the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), which became law on September 30, 1996. The AEDPA and IIRIRA increased the number of criminal acts for which a non-citizen could be removed and eliminated nearly all forms of relief for non-citizens with criminal convictions.

IIRIRA also stiffened the requirement for affidavits of support for immigrants entering on the basis of their relationship to U.S. citizens or permanent residents. A sponsor must agree in the affidavit to provide support for the immigrant at an annual income that is not less than 125% of the federal poverty standard. Also, the sponsor must reimburse the government if the non-citizen receives means-tested public benefits within ten years of admission, unless he or she has naturalized. IIRIRA also added a ground of removability for any non-citizen who becomes a “public charge” within five years of admission.

Like the affidavit of support requirement, the 1996 Welfare Act reflected Congress’ concern that immigrants were placing an increasing burden on the federal budget. The Welfare Act made most non-citizens, including permanent residents, ineligible for federal benefits such as food stamps and Supplemental Security Income (SSI). Immigrants who entered the country after August 22, 1996, were ineligible for all means-tested public benefits for a period of five years. The Welfare Act also authorized the states to deny benefits to certain classes of non-citizens.

In 1998 reinstated federal benefits for most permanent residents who were receiving them before passage of the Act.

SECTION 434 & SECTION 642 of the 1996 ACT

The 1996 law states the following: 

Pursuant to § 434 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, P.L. 104-193) and § 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA, P.L. 104-208) states and localities may not limit their governmental entities or officers from maintaining records regarding a person’s immigration status, or bar the exchange of such information with any federal, state, or local entity.

This language was placed in the “Comprehensive Immigration Reform” of 1996 in repsonse to the creation “Sanctuary Cities” and the adoption of “Sanctuary City Statutes” by many U.S. cities,

As the previous parargarphs clearly establish, Immigration Laws and Quotas are the responisbility of the Federal Government, any attempt by State of City Governments to usurp this power from the Federal Government is unconstitutional. A States attempt to enforce a Federal Immigration Law is not unconstitutional. Simply put, while States and Cities don’t create Immigration Law, they are expected to enforce them.

http://www.ilw.com/immigrationdaily/news/2009,1026-crs.pdf

 WHAT IS A SANCTUARY CITY?

The term “Sanctuary City” refers to a city or state that enacts policies which are favorable to illegal immigrants. Specifically, sanctuary cities often mandate local laws which prevent inquiry into a person’s immigration status.

How does one administer the Federal, State and Local criminal laws and civil laws governing the allocation and distribution  of Federal, State and Local Welfare benefits? 

Sanctuary policies are a violation of federal law, such as the section 642(a) of the 1996 Illegal Immigration Reform and Immigrant Responsibility Act, which prohibits the embedding of illegal immigrants, and the March 2005 United States Supreme Court case, Muehler v Mena, which stated that law enforcement has the right to ask about immigration status.

While the laws differ from Commmunity to Community, an example of a “Sanctuary City” ordinance, taken from the city of Tacoma Park, Maryland, follows: 

“Introduced by: Councilmember Seamens First Reading: October 22, 2007:   Second Reading: October 29, 2007

CITY OF TAKOMA PARK, MARYLAND, ORDINANCE NO. 2007-58,

AN ORDINANCE REAFFIRMING AND STRENGTHENING THE CITY OF TAKOMA PARK’S IMMIGRATION SANCTUARY LAW

WHEREAS, in 1985, as an expression of these values, the Takoma Park City Council passed the City of Refuge Ordinance, which prohibits City employees, including police officers, from cooperating with federal immigration authorities in the enforcement of civil and criminal immigration laws and prohibits City employees from requesting or disclosing information regarding the immigration status of individuals.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TAKOMA PARK, MARYLAND:

SECTION 1. Title 9, Civil Liberties and Human Relations, Chapter 4, Rights of Non-U.S. Citizens in Takoma Park, of the Takoma Park Code (2004 edition) is amended as follows:                                                                   9.04.010 No City enforcement of immigration laws.                            A. No agent, officer or employee of the City, in the performance of official duties, shall assist the United States Bureau of Immigration and Customs Enforcement in the investigation or arrest of any persons for civil or criminal violation of the immigration and nationality laws of the United States.

9.04.020 No inquiries into citizenship. No agent, officer or employee of the City, in the performance of official duties, shall ask any person about his or her citizenship or immigration status or inquire about any person’s citizenship or immigration status with any third person. No agent, officer or employee of the City, in the performance of official duties, shall release any information regarding the citizenship or residency status of any City resident.immigration status of any individual to any third party.”

http://www.takomaparkmd.gov/clerk/agenda/items/2007/102907-2.pdf

The intent of the Tacoma Park, Maryland statute is obvious, a liberal attempt to usurp the Federal Governements authoirty to regulate immigration into the United States and to disrupt the co-operation between Federal, State and City Law Enforcement officials while they attempt to enforce the laws of this Country. How does one enforce Federal or State welfare laws that prohibit dispersing benefits to illegal aliens while reserving the benefits for citizens and “legal immigrants” if one cannot make a legal determination of who is in the Country legally and who is here illegally? 

The devastating effect this short sighted, unconstitutional activity could have on the safety of America became all to clear on September 11, 2001.

 THE COMPREHENSIVE IMMIGRATION REFORM 09/11/2001

The September 11, 2001, attacks resulted in significant changes in immigration law and policy. Congress passed several acts intended to improve national security, including the USA Patriot Act (115 Stat. 272), the Enhanced Border Security and Visa Entry Reform Act (116 Stat. 543), and the Homeland Security Act (116 Stat. 2135). One of the most dramatic consequences of these measures was the elimination of the INS and the transfer of immigration functions to the Department of Homeland Security in 2003. Other provisions of these acts broadened the class of people who can be excluded or removed for terrorist activity, mandated increased screening of applicants for admission, and called for new data systems to track non-citizens in the U.S.

Department of Homeland Security

In November 2002, Congress passed the Homeland Security Act (116 Stat. 2135), which abolished the Immigration and Naturalization Service and transferred most immigration functions to the Department of Homeland Security (DHS). As suggested by the Commission on Immigration Reform some years earlier (see § 1-7.6, supra), the INS’ service and enforcement functions were separated in this reorganization. These functions have been divided among three bureaus within the DHS: the U.S. Citizenship and Immigration Services (USCIS), which adjudicates immigrant and nonimmigrant petitions, naturalization petitions, asylum applications, and other matters; the U.S. Customs and Border Protection (CBP), which includes the Border Patrol and immigration inspections at ports of entry; and the U.S. Immigration and Customs Enforcement (ICE), which enforces immigration laws in the interior of the U.S..

Restrictions on Immigration

The USA Patriot Act (115 Stat. 272) broadened the definition of terrorist as used in the grounds for inadmissibility and removal. Under this Act, anyone who endorses or provides financial support to a terrorist organization, or who actually participates in terrorist activities, is inadmissible or removable.

To identify possible terrorists, U.S. consulates are required to check visa applicants’ names against “lookout lists” prior to issuing a visa.

Monitoring of Non-Citizens in the U.S.

After September 11, the INS was criticized for its inability to track non-citizens in the U.S. or to identify persons who might pose a threat to national security. In 2002, the INS promulgated regulations requiring nonimmigrants from twenty-five countries to register at INS district offices and report periodically as to their whereabouts and activities in the U.S. See § 8-2.2(c), infra. That same year, the INS and the State Department implemented a new database system, called “SEVIS” to track foreign students. Immigration authorities also began to enforce change of address reporting requirements that had been part of the INA since 1952 but were rarely publicized or enforced.

ATTEMPTED IMMIGRATION REFORM OF 2007

U.S. House Passes Drake Amendment to Eradicate Sanctuary Cities. Amendment withholds federal funding for localities that violate Section 642(a) of the 1996 Illegal Immigration Reform and Immigrant Responsibility Act

July 25, 2007

Washington D.C. — The U.S. House of Representatives today passed an amendment by Representative Thelma Drake (R-Va.) to H.R. 2638, the Commerce, Justice, Science and Related Agencies Appropriations Act for Fiscal Year 2008.  Passing by a voice vote, Rep. Drake’s amendment aims to eliminate what are commonly referred to as “sanctuary policies” in local municipalities, whereby law enforcement officials are barred from asking suspects about their immigration status or reporting them to Immigration & Customs Enforcement (ICE).  The amendment will ensure that existing law is enforced uniformly across the country by withholding federal funding for cities that choose to violate section 642(a) of the 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA).

“Although predominately a federal issue, we have all witnessed how the epidemic of illegal immigration can impact members of a local community,” said Rep. Drake.  “Solving this problem is going to require the commitment from all levels of government to engage in an active partnership.

“Sanctuary cities undermine these partnerships by willfully and selectively choosing to disregard federal laws that are already on the books.  Most Americans agree that if you want to get serious about addressing our nation’s failed immigration system, enforcing existing laws is a good place to start.

“This amendment says that when Congress took steps to eradicate sanctuary policies back in the Nineties, we meant it.  I am committed to ensuring that this language remains in the legislation and is signed into law by the President.”

Under section 642(a) of IIRIRA, a “Federal, State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual.”

http://www.house.gov/apps/list/press/ca50_bilbray/morenews/drakeamend.shtml

The Democratically controlled U.S. Senate blocked a vote on the Drake Amendment in 2007 & 2008.

THE ARIZONA LAW 2009

See: https://mcauleysworld.wordpress.com/2010/05/05/the-immigration-debate-arizonas-law-facts-from-fiction-are-you-tired-of-being-lied-to/

The State of Arizona passed Arizona House Bill 2162 and it was signed into law on April 26, 2010. http://www.azleg.gov/legtext/49leg/2r/bills/hb2162c.htm

On the day the law wasssigned into effect Arizona has at least 4 ”Sanctuary Cities” violating the Federal Law; Phoenix, Tuscon, Chandler and Mesa. 

Section 3 of the Arizona is titled; “Cooperation and assistance in enforcement of immigration laws.”

Section 3 of the Arizona Law mandates that all State, Local and City Employees enforce both Federal and State laws regarding criminal acts committed by illegal aliens. The law mandates that the laws be enforced “concurrently” by all Federal, State and Local law enforcement officials.

Section 3 does not permit law enforcement officials to stop and ask anyone for their ID. No one!

Section 3 does require that once law enforcement officials have “stoppped, detained or arrested” an individual and are “conducting a criminal investigation”, the suspect will be asked for identification.

All indivuals who find themselves the subject of an investigation will be asked for their ID.

PRESUMPTION OF LAWFUL CITIZENSHIP UNDER THE ARIZONA LAW

Any individual who can produce one of the following pieces of identification is presumed to be a “lawful citizen of the United States”:  1).  A valid Arizona driver license. 2).  A valid Arizona nonoperating identification license. 3).  A valid tribal enrollment card or other form of tribal identification.  4).  If the entity requires proof of legal presence in the United States before issuance, any valid United States federal, state or local government issued identification.

Section 3 also provides, “A law enforcement official or agency may not consider race, color or national origin in implementing the requirements of this subsection except to the extent permitted by the United States or Arizona Constitution”.

FEDERAL DETERMINATION OF CITIZENSHIP STATUS UNDER THE ARIZONA LAW

If some one is “stopped, detained or arrested” and cannot produce identification, the law enforcement officals are instructed to continue their investigation, however, the determination of whether any individual is an “illegal alien” is determined according to Federal Law: “In the implementation of this section, an alien’s immigration status may be determined by: 1.  A law enforcement officer who is authorized by the federal government to verify or ascertain an alien’s immigration status, or 2.  The United States Immigration and Customs Enforcement or the United States Customs and Border Protection Act pursuant to 8 United States Code section 1373(c).”

THE TIP OF THE ICEBERG – SCAAP PAYMENTS – THE HIDDEN COST OF ILLEGAL IMMIGRATION: 

SCAAP is a payment program administered by OJP, through its component the Bureau of Justice Assistance (BJA), in conjunction with the Immigration and Customs Enforcement (ICE) bureau within the Department of Homeland Security (DHS).2 SCAAP was authorized by the Violent Crime Control and Law Enforcement Act of 1994 to provide federal assistance to states and localities for the costs of incarcerating certain criminal aliens who are in custody based on state or local charges or convictions.3 In fiscal year (FY) 2005, BJA distributed $287.1 million in SCAAP payments to 752 state, county, and local jurisdictions.4

The following table displays the 10 jurisdictions that received the largest SCAAP payments from the FY 2005 appropriation. Collectively, they accounted for nearly 69 percent of the SCAAP payments made from that appropriation.

TOP TEN SCAAP RECIPIENTS – FY 2005
State Jurisdiction Amount
California State of California5 $ 85,953,191
New York State of New York 24,022,356
Texas State of Texas 18,582,484
New York City of New York 15,893,255
Florida State of Florida 12,806,110
California Los Angeles County6 12,530,034
Arizona State of Arizona 12,139,791
California Orange County 6,562,437
Illinois State of Illinois 4,731,269
Massachusetts State of Massachusetts 4,728,549
TOTAL $197,949,476
       

 

  The program only reimburses states and localities that incur correctional officer salary costs for incarcerating undocumented criminal aliens who: (1) have at least one felony or two misdemeanor convictions for violations of state or local law, and (2) are incarcerated for at least four consecutive days during the established reporting period.7 Applicants for funding are required to provide correctional officer salary costs, the total of all inmate days, and details about eligible inmates housed in their correctional facilities during that period.

In April 2005, the Government Accountability Office (GAO) issued a report stating that 80 percent of the SCAAP aliens were incarcerated in the five states of Arizona, California, Florida, New York, and Texas in FY 2003.

The total costs for Federal, State and Local detection, apprehension, arrest and incarceration  are in the 100,’s of billions of dollars.

REPEAT OFFENDERS IN THE ILLEGAL IMMIGRANT COMMUNITY

The Department of Homeland Security reported the following to Congress.

Congression asked the Department of Homeland Security to determine how many criminal offenses were committed by criminal aliens who were released from state or local custody without a referral to DHS for removal from the United States.

To address this question, the DHS performed limited testing to determine the number of subsequent arrests of criminal aliens who were released from state or local custody. We based our testing on information from the vetted FY 2004 SCAAP database, which was the last year when ICE reported to BJA on the status of every person identified in support of applications for SCAAP funding. There were 262,105 records in that database. We requested assistance from the Federal Bureau of Investigation (FBI) to have those records compared to arrest data in the FBI’s National Crime Information Center (NCIC).

After querying NCIC, the FBI provided us with nearly 433,000 text files that could not be searched by automated means. The volume of files was too great to search manually and quantify the results. Consequently, we judgmentally selected a sample of 100 criminal histories, which we reviewed for evidence of arrests of criminal aliens subsequent to June 30, 2003. The criminal histories for 73 of the 100 individuals documented at least one arrest after that date. Those 73 individuals accounted for a total of 429 arrests, with 878 charges and 241 convictions. These figures represent an average of nearly six arrests per individual.

The charges for the 73 individuals ranged from traffic violations and trespassing to more serious crimes, such as burglary or assault. Some of those charges included:

• 166 drug-related;

• 37 immigration-related;

• 213 burglary, robbery, or theft;

• 40 assault;

• 10 property damage;

 • 3 terrorist threat;

and 13 weapons charges.

Based on this limited sample, the DHS could not statistically extrapolate the number of offenses committed by undocumented criminal aliens who were released from local custody without a referral to ICE. Based on the information available to us in the criminal histories, we could not determine the number of the criminal aliens in our sample that were deported, if any, and later arrested after reentering the United States. We also could not determine if ICE was notified before the criminal aliens in our sample were released from custody. But if this data is indicative of the full population of 262,105 criminal histories, the rate at which released criminal aliens are rearrested is extremely high. http://www.justice.gov/oig/reports/OJP/a0707/final.pdf

IMMIGRATION 2010

Today, in 2010, as in every year since the mid 1980′s, the US has allowed at least 1 million (1,000,000) new immigrants to enter this Country. More than 1 million each and every year. Yes, despite our economic down turn, over 1,000,000 immigrants entered this Country as LPRs (Legal Permanent Residents) in 2009. http://www.dhs.gov/xlibrary/assets/statistics/publications/lpr_fr_2009.pdf            Yes, the exact number, according to the Obama Administration, was            1,130, 818 ( 1 million, 130 thousand, 8 hundred and eighteen) for the year ending December 2009.

An additional 1,000,000 immigrants were granted the rights of “Naturalized Citizens” in 2009. http://www.dhs.gov/xlibrary/assets/statistics/publications/natz_fr_2009.pdf

In addition to these numbers, believe it or not, it is estimated that 160 million (160,000,000) non-immigrant admissions occur on an annual basis. Non-immigrant admission include, ”tourists and business travelers from Canada, Mexican nationals with Border Crossing Cards, ….”.  http://www.dhs.gov/xlibrary/assets/statistics/publications/ni_fr_2009.pdf

The United States allows more “legal” immgration every year than all the other Countries in the world  combined.

2 Responses

  1. Instead of boycotting Arizona the enlightened among us ought to boycott the other forty-nine states since those illegal immigration laws are more Draconian. Has Obama, Holder, or Napolitano ever heard of muehler v mena 2005?

    McAuleysworld: I suspect the Muehler Case is on their reading list and they’lll get around to reading it right after they “read” the Arizona Law.

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