All About Immigration

Sunday, August 20, 2006

Ignorance Of The Law Can't Be An Excuse

To whom this may concern:

The United States is in deep trouble. Our elected leaders have literally ignored the Constitution and have allowed this country to be invaded. Current polls unanimously declare that 85 percent of the citizens want all illegal aliens returned to their countries of origin and for legal immigration to be reduced to a 200,000 per year level. We the people have no voice at federal levels anymore, because politicians decide the issues based on who has the deepest pockets. The following is an attitude not based on reality, but on the fact that the Senator is catering to certain global interests that are demanding ever cheaper labor at the expense of the U.S. citizen.
We are told by the likes of Senator John McCain (R-AZ) that “...it is impossible to identify and roundup all the 10 to 11 million current undocumented, and if we did it would ground our economy to a halt. These millions of people are working.” [the true number is more than 20 million, and not all are working]. Where do they get these low numbers, because even back in the 1984 GOP platform it indicated: “With the estimates of the number of illegal aliens in the United States ranging as high as 12 million.” He cannot believe that all these individuals will come out of the “shadows”, pay fines and back taxes, when they know that once they are into the U.S. they have “safe havens” in nearly every city and county. In an article published by the Idaho Press-Tribune (IPT), 18 December 2005, Ben Fletcher wrote that Canyon County was a “safe haven,” because the county will do nothing to enforce the laws. These illegal aliens know that state and local officers are not enforcing immigration laws, so they continue to come in droves. It has been estimated that over 500,000 have criminal records, some with violent crimes, and none of these would voluntarily report to pay their fines and taxes.

The U.S. currently accepts nearly a million of legal immigrants per year, and with nearly a million more illegal aliens entering per year the prognosis is grim. Under the Senate Bill 2611 the numbers of legal immigrants would triple, and coupled with the number entering under family reunification, it has been estimated that the population increase would reach 66 million in just 20 years. Implementing the solution offered by the President, John McCain and Craig of Idaho, coupled with continued levels from legal immigration, to say nothing of the illegal aliens that will still come hoping for amnesty, will bury this country in a population so large that it will severely impact our lives, as well as our resources, particularly water and food production. Without severe curtailment now, expect the U.S. population to reach 600 million by mid and 1 billion by centuries end. Fortunately, McCain is absolutely wrong, because we can, with federal, state, and local law enforcement cooperation, reduce the population of illegal aliens drastically.

Again in the IPT, Mr. Ben Fletcher, wrote an article “Local Police don’t focus on illegals” wherein he quotes Assistant Nampa Police Chief Tim Vincent, “As it stands, local police officers can’t detain an undocumented immigrant[s] just for being in the country illegally because it’s federal jurisdiction.” This statement by officer Vincent is inaccurate. Kris W. Kobach, former counsel to former Attorney General John Ashcroft, provided the following in testimony to the Senate Judiciary Committee on , April 22, 2004:

“[T]he law on this question is quite clear: arresting aliens who have violated either criminal provisions of the INA [Immigration and Nationality Act] or civil provisions that render an alien deportable is within the inherent authority of the states. And such inherent arrest authority has never been preempted by Congress [his emphasis]...[but] any assistance that state or local police provide to the federal government in the enforcement of federal immigration laws is entirely voluntary [my emphasis]. There is no provision of the U.S. Code or the Code of Federal Regulations that obligates local law enforcement agencies to devote any resources to the enforcement of federal immigration laws.”

One only has to visit the Illegal Immigration Reform and Immigration Responsibility Act of 1996 and Title 8 Section 1325 to understand that when an alien has illegally entered the country he is subject to fine plus up to 6 months in jail. If he has been deported once, the fine increases and the penalty is up to 1 year in jail- - - a felony. Surely, there should be plenty of incentive to make that inquiry whether the person is here legally?

Consequently, the state or local law enforcement has chosen consciously not to enforce federal immigration law, and not just because it is out of their jurisdiction.

Colonel Dan Charboneau, head Idaho State Police, stated it thusly,

“Immigration law has a fairly complex set of regulations at the federal level, which causes state and local law enforcement to usually step away, simply because of all the ins and outs of federal immigration law are not well known at the state and local levels.
That became very evident in the last 18 months when ISP had a request from Immigration and Naturalization Services (INS) for both state and local law enforcement to enter into a memorandum of understanding (MOU) with them to enforce immigration laws in the State of Idaho. ISP stepped back, stating that they could not do that.” [my emphasis. His remarks were given on July 25, 2005 to the Idaho Human Trafficking Interim Committee, Boise, ID].

Col. Charboneau did not elaborate on why they could not sign a MOU with the federal government regarding immigration law enforcement, except one must assume from his remarks that federal law is too complex for state and local law enforcement to understand. There is no doubt state and local law enforcement do not want to enforce immigration law, or else they would, since there are no federal barriers to their participation.

The sad thing is that the citizens of the United States expect federal, state, and local law enforcement to enforce the laws of the land. It is not only the mere fact that some aliens enter the country illegally, but it is that some bring incurable diseases, utilize services provided by tax paying citizens, and many are engaged in illicit activities.

Kris Kobach pleaded,

“The role that state and local police officers play simply cannot be overstated. They are the eyes and ears [his emphasis] of law enforcement that span the nation. They are the officers who encounter aliens in traffic stops and other routine law enforcement situations. Federal law enforcement officers simply cannot cover the same ground.”

The state legislature needs to revisit this issue, because it is vital in the apprehension of terrorists, as well as, doing what is right for the citizens of this state who must bear the burden of the illegal invasion. Many of the issues of education, medical, and gang problems could be reduced substantially if our leaders would open their eyes to the real problems of numbers rather than making excuses and trying to find funding solutions for them.

Please consider requiring state and local law enforcement to obey all laws of the land. As a first step pass a resolution declaring that Idaho is not a “safe haven” for illegal aliens. Second, ask the federal government to clean up their own house and seriously enforce and fund existing immigration law, so that state and local law enforcement know that the federal agents will respond to their apprehensions. Thirdly, negotiate for full reimbursement for all expenditures by officers enforcing federal laws. Fourth, mandate that state and local law enforcement agencies will vigorously enforce federal immigration laws. The issue is too important to quibble over who pays.

Regardless of whether the federal government or state government pays for the costs the taxpayer is the one who ultimately pays, so please ENFORCE THE LAW.

Sincerely,
Robert B. Murray II, Ph.D.
rbmcjm@msn.com

Jack M. Moutrie
UnhappyAmerican@msn.com

Additional Immigration Information: www.allaboutillegalimmigration.blogspot.com

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