Protecting the citizens of our Republic.
Democrats in the last election insisted that re-electing them was necessary to “protect our democracy”. But it turns out that for many of them, democracy only deserves protection when the democratic process produces their preferred result.
Prop. 314 was proposed to allow police to arrest immigrants who don’t cross the border at a legal point of entry and to deny public benefits to illegal immigrants. It was approved by over 60% of the voters. Sounds like democracy at work, right?
Not to Phoenix councilmember-elect Anna Hernandez, who vowed the “Phoenix Council must move immediately to protect immigrant refugee residents in the city from the violence of 314… I am ready for this fight.” Phoenix Mayor Kate Gallego, like many others, was also on board with the resistance, promising that neither the Phoenix Police Department nor “any city resources whatsoever” would be involved in enforcing this particular law. So much for respecting the democratic process.
Yet more Americans are beginning to realize our immigration policy sorely needs major corrections. In 1995, the Chairwoman of the Commission on Immigration Reform, Barbara Jordan, herself a civil rights icon, told Congress “Deportation is crucial. Credibility in immigration policy can be summarized in one sentence: those who should get in, get in; those who should be kept out are kept out; and those who should not be here will be required to leave…For the system to be credible, people have to be deported at the end of the process.”
She’s right. There is no way to fix Kamala‘s “broken immigration system”, (her words), that doesn’t involve deportation to undo the damage done.
Here’s where we are. The low hanging fruit is the 1.3 million aliens who have been given their due process and are legally qualified for deportation. They are part of an Immigration and Customs Enforcement (ICE) “non-detain docket” of 7 million aliens, including criminals, who have not yet been processed but otherwise are eligible for deportation. Congress already has authorized ICE to deport all these individuals.
The obstacle is that their “recalcitrant” home countries refuse to provide the travel documents needed for the return of their own nationals. (Hmm. Wonder why.). The Supreme Court has ruled that all those, even the criminals, who are not deported within six months must be released.
However, under US law, once the DHS has notified the State Department that a foreign country “denies or unreasonably delays” the return of its nationals, the Secretary of State must order consular officials to discontinue granting all visas to that country. That would surely get the attention of “recalcitrants” like China and India. Yet the Biden/Harris administration, ever loathe to stem the inflow of future Democrats, refused. --->READ MORE HERE
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Much of the current commentary and scholarship on immigration law is based on a complete falsehood. That pernicious fiction holds that aliens in deportation proceedings are being “tried” for an offense and – if convicted – punished through removal from the United States. However, as matters of both fact and law, nothing could be further from the truth.
In reality, as the Supreme Court of the United States (SCOTUS) has repeatedly held, deportation is not punishment. Rather, it is simply the process of returning aliens who do not have authorization to be in the United States to their home country, where they possess full rights of residence.
The SCOTUS first opined on the nature of deportation proceedings in 1893, in Fong Yue Ting v. U.S. The court distinguished deportation from “banishment” (forcible expulsion from one’s country as punishment for a crime) and “transportation” (forcible relocation within one’s country as punishment for a crime). It held specifically that, “‘Deportation’ is the removal of an alien out of the country simply because his presence is deemed inconsistent with the public welfare, and without any punishment’s being imposed or contemplated either under the laws of the country out of which he is sent or under those of the country to which he is taken.”
Thereafter, the court repeatedly affirmed and reaffirmed its characterization of deportation as a non-punitive action in case after case. Among the most significant of those opinions was Wong Wing v. U.S.,in 1896, where the court opined that:
“The order of deportation is not a punishment for crime. …. It is but a method of enforcing the return to his own country of an alien who has not complied with the conditions upon the performance of which the government of the [United States], acting within its constitutional authority and through the proper departments, has determined that his continuing to reside here shall depend.“
Even more importantly, however, in Wong Wingthe SCOTUS explicitly distinguished deportation proceedings – which are civil and administrative in nature – from criminal trials. The court stated that an alien in deportation proceedings “has not, therefore, been deprived of life, liberty, or property without due process of law; and the provisions of the Constitution securing the right of trial by jury, and prohibiting unreasonable searches and seizures and cruel and unusual punishments, have no application.”
Both Fong Yue Ting and Wong Wing, in turn, rest on a principle clearly articulated in Ekiu v. U.S. in 1892. The Ekiu court stated that, “It is an accepted maxim of international law that every sovereign nation has the power, as inherent in sovereignty and essential to self-preservation, to forbid the entrance of foreigners within its dominions or to admit them only in such cases and upon such conditions as it may see fit to prescribe.” That proposition was further clarified by the SCOTUS in 1972 in Kliendienst v. Mandel, where the court stated that “unadmitted and nonresident alien[s], [have] no constitutional right of entry to this country.”
As one can see from the dates of the aforementioned opinions, the courts have been remarkably consistent in their holdings on these issues, from the earliest days of the Republic to the present. --->READ MORE HERE
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