Illegal Immigration: The US Government’s Decades of Failure

This is not an American Citizen Vs Illegal Immigrant issue at all.

  • Ever ask yourself why Illegal Immigration is even an issue in 2011? 

  • Ever ask yourself why US Border Security is even an issue in 2011? 

  • Ever ask yourself how both of these issues became the catastrophic issues the are in 2011? 

  • Ever ask yourself why this has become an issue between US Citizens and the Illegal Immigrants Vs the US government and Illegal Activities? 

  This is a failure of a government that has pitted two innocent parties against each other…

 

Well, let’s look at the players and their roles:

Illegal Immigrants:  Certainly they are breaking the law by coming into this country without applying for a VISA or other form of legal entry documents.  Most come seeking a way to better themselves and their families in the US or back home.  Some are here to engage in nefarious activities and further break US laws.  In most other countries, including Mexico, they would be deported quickly and prosecuted for subsequent violations.

US Citizens:  Our citizens are here legally and support our culture through a series of laws that have been set up at the federal, state, and local government levels.  Citizens expect and deserve secure borders and a controlled level of immigration for potentially new citizens.

US Government:  It is the duty of our government to provide border security and controlled immigration.  The Preamble in the US Constitution does not grant, limit or define specific powers of the Federal Government, but does set the tone and intent for the rest of the Original Constitution and should appropriately apply to the Amendments to that same Constitution.  The preamble in the US Constitution reads…

“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.”  (underlines and emphasis are mine)

  • Domestic Tranquility: 
    • The framers of the constitution wanted to ensure that the Federal Government had the power to quell conflicts, legal or combative, between the states.  There were a few skirmishes between individual states such as the Shay’s Rebellion.  The issues were important enough to be put in the Domestic Tranquility language in the preamble. 
    • Unfortunately, today we are witnessing the opposite problem that was envisioned by the founders.  Instead of States have conflicts with each other, the States have conflicts with the Federal Government over the control of immigration and border security. 
    • Nevertheless, the Federal Government has a systemic duty to insure Domestic Tranquility and this certainly includes insuring that States do not have any issues with a lack of a sane Federal Immigration policy or an effective Border Security strategy.
  • Provide for Common Defence:
    • Prior to the adoption of the US Constitution, the colonies and the individual states had experienced various skirmishes with “foreign” nations.  Many had incurred debt as a result of these conflicts.  When the founders wrote the Constitution, one of the Federal Government functions they wanted to implement was a way for the individual States to protect themselves from foreign aggression.  The aggression was is not limited in the Constitution to a strict definition of invasion by a foreign country.  The Defense then is against any potential threat to the sovereignty of one or more States.  This would then include terrorism or an influx of non citizen insurgents intent on breaking the laws of the US or the individual States.  Clearly, this portion of the preamble includes the influx of illegal immigrants who are engaged in drug trade, kidnappings, or other illegal activities.
    • The Federal Government has certainly not provided for a “Common Defence” with respect to either Border Security or a sane Immigration Policy.  Our Border Security is porous to the extent that not only border States but interior States have been subjected to “invasions” by illegal immigrants.  Border States have all but abandoned lands on the border as they are too dangerous for their own citizens and the Federal Government has failed to protect the “sovereignty” of the States and the citizens for those States.  The Federal Government has not provided “…for a Common Defence”.
  • Promote the General Welfare:
    • This phrase has been convoluted by many who want to extend the powers of the Federal Government to any social agenda that they see fit.  Taken more literally, and certainly more in line with Madison’s and Hamilton’s view of the promotion of “…the General Welfare”, this phrase is merely a reminder to the Federal Government that it may NOT do anything to interfere with the General Welfare (All Citizens are treated equally) and should “Promote”, support or encourage programs, policies, or activities that enhance the General Welfare of ALL Citizens.
    • By taking an ineffective stance to secure the Borders or failing to enact AND enforce a sensible Immigration Policy, the Federal Government is not upholding the letter or spirit of their duty to ‘PROMOTE THE GENERAL WELFARE” of the citizens of the US.
    • By diverting Taxpayer money to support those living illegally in the US the Federal Government is in direct violation of its mandate to ‘PROMOTE THE GENERAL WELFARE” of its citizens.  The words in the preamble, “OURSELVES” and “OUR” refer solely to Citizens of the United States. 
      • The Federal Government is working against the General Welfare of its own Citizens by diverting tax revenues to the support of non-citizens.
      • The Federal Government has the duty to stop individual States from supporting non citizens using State tax revenues or revenues received from the Federal Government to support non citizens of the US and the State.
  • Secure the Blessings of Liberty to ourselves and our Posterity:
    • While this phrase may appear to be far-reaching in terms of its scope, it quite simply means that the Federal Government is challenged to insure that all of its citizens enjoy the autonomy ensured to them through the Constitution and its amendments, and specifically defined in the First Ten Amendments to the Constitution commonly known as the “Bill of Rights”.  The sanctity of the Bill of Rights is highlighted by its very author, James Madison, who was one of the  primary architect of the US Constitution.
    • The failure to secure our Borders endangers the safety of the inhabitants of our Border States and limits their rights to exercising their Constitutional Freedoms along the Border due to fear of harm by those who are in the US illegally and acting in an unlawful manner.
    • The failure to enact a coherent immigration policy also limits the “Blessings of Liberty” of our citizens as their taxes are diverted to the welfare of non-citizens, contrary to the General Welfare of our Citizens.  Further, the lack of a meaningful Immigration policy creates uncontrolled access by non-citizens to the US and a “lawless” atmosphere where the liberties of our own citizens are lessened due to fear of harm, death, or restricted access by authorities in an attempt to mitigate the impacts of illegal dwellers.
    • Probably the saddest negative impact of our ignoring our Border Security and our failure to enact a meaningful Immigration Policy is the impact on our Children.  The final two words of this phrase, “Our Posterity”, refers to our children and subsequent generations.  By diverting national treasure in an Unconstitutional manner to non citizens, we are literally stealing from subsequent generations of CITIZENS.  By subverting the rule of law by ignoring Border Security and not enforcing our Immigration policies, we are creating a lawless environment that will only serve to degrade the freedoms of our children and our grandchildren.  Right now there are signs along our southern border warning our citizens that they are entering a dangerous area that was made so by illegal occupants.  This restricts the LIBERTY of our current and future generations to freely and lawfully enjoy these lands.

The irony of our modern Border and Immigration failures is that the first two players noted above, the Illegal Immigrants and the US Citizens, have been placed in an adversarial relationship by the third-party, our Federal Government.  The preamble clearly lays out the framework for the responsibilities of the Federal Government and does NOT include “To Promote the animosity of US citizens against Illegal Immigrants”!  The US government, AND THIS INCLUDES DEMOCRATS, REPUBLICANS, AND INDEPENDENTS, have failed its citizens and have abrogated their duties as defenders of the US Constitution.  Instead of protecting our Borders and enacting a sound immigration policy the Federal Government has fostered a frontier mentality so that our own citizens are required to defend themselves against the incursion of foreign elements.  To make matters worse, the Federal Government blames the citizens and their States and local governments for the problem and inhibits their efforts for lawful self-defense.

 

Solution:

This will cost $$$ but we are spending over $80B (1) a year now to support illegal immigrants.

  • Secure the Border, period!
  • Modify ICE so the Immigration Control and  Enforcement is a standalone function with technical ties to other agencies to insure proper communications.  Move Customs over to the IRS where it belongs.
    • Create a governing board for the new agency that is made up of voting delegates from each State, with other agency advisement participation such as the FBI, BLM, IRS, etc..
  • Get rid of Sanctuary Cities and States:  If needed, Congress should pass a law to make it illegal for any Federal, State, or Local entity or there agents to harbor, abet, or fail to detain any illegal immigrant that they come in contact with and require that these individuals contact Immigration Control and  Enforcement and turn these individuals over to that agency.  The Federal Government must pay for all local costs associated with this enforcement.
  • Create a Guest Worker Program similar to the Bracero program that was enacted in 1947 and was abolished in 1964, primarily due to pressure by US labor unions.  Quotas would be set based on our own economic conditions and labor needs.
  • Create an Assimilation Program.  I realize some may say this is amnesty but is has consequences for the illegal aliens.
    • All existing illegal immigrants must register with ICE within 6 months.  Any person in the US illegally who did not register would be deported immediately and they would have to apply through the normal processes from their home country.
    • Each Applicant must document prior earnings and pay all back Federal, State, and Local income, payroll and other taxes that are owed or be subject to deportation.
    • Each Applicant must pay an illegal entry fine of $2,000 per person or be deported.
    • If an applicant or their family is on a public assistance program, these benefits would be immediately terminated or the person(s) could be deported.
    • Each applicant must undergo the same medical, criminal and social screening process as all legal immigrants.  The existing laws should be reviewed to insure that they meet today’s challenges and terrorism dangers.
    • Any applicant and their family found to be in violation of any facet of the screening requirements would be deported immediately.
    • If the applicant does not have sufficient money to pay the fines, back taxes or other associated costs, they must show how they intend to pay off the debt.  The IRS would be notified and appropriate liens would be issued to secure the debt against property or future earnings JUST LIKE THEY DO FOR U.S. TAXPAYERS WHO CAN’T PAY THEIR TAXES ON TIME!
    • All costs to process and deport a person would be kept in a database.  If that person applied for citizenship at a later date from their home country, these costs would have to be repaid prior to granting access to the US.
    • 

It is time to quit making this a “race” issue for political gain from all sides.  It is time for Tea Party groups, La Raza and other such groups to sit down and think about this issue rationally so they can help set a direction that will work.  A solution must be given to the politicians as they seem to have no clue or incentive to fix the problem once and for all.  Politicians see this as a political numbers game where they can win political advantage rather than as human tragedy for our citizens and those here illegally.  Reagan was hoodwinked by Tip O’Neil in 1986 so we have to tell the politicians what we are going to do rather than wait for them to screw this up again.

RD Pierini

(1) Source: National Conference of State Legislatures, “State Budget Update: July 2009”

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