An Update & Solutions - Fraudulent Asylum Seekers Violate U.S. National Sovereignty

With regard to the asylum problem documented in the last post entitled Fraudulent Asylum Seekers Violate U.S. National Sovereignty an unaccountable federal judge in California recently ordered Trump to reunite all children separated from their parents @ our southern border & on Monday temporarily blocked Trump from deporting any of the reunited people – the total of which is about 2,000.  Specifically the 103 children under 5 years old were to be reunited with the adults who brought them, presumably their parents, by July 10 with the rest by July 26.

 

The problem is that almost half of the 103 toddlers & infants arrived @ the southern border with criminals or non-parents.  Only 57 of the 103 were eligible for reunification & these children were returned to their relatives on Thursday.

 

The remaining 46 children were deemed ineligible for reunification because their putative parents have criminal records including abduction, murder, & child abuse – in brief, the children would not be safe with the adults who brought them over 2,000 miles to America: 1) for twenty-two of the children the adults seeking to rejoin them were considered safety concerns, having been charged or convicted with cruelty to children, abduction, human trafficking, domestic violence, narco-trafficking, & murder, 2) a dozen adult aliens had been deported but declined to take their children with them - in one case the parent's location had been unknown for over a year, & 3) seven of the cases involved adults found not to be a parent.

 

The other cases included officials trying to contact parents who were in federal or state custody for murder, child abuse, & kidnapping.  Other adults had provided false proof of birth or had sought to place a child with a known child sex abuser or was being treated for a communicable disease.  

 

In short, since April 2018 almost half of the adults who brought small children with them to the U.S. southern border as shields & pawns are not very nice people, they are frauds – not the type of people we should welcome into our country.  See graphic below for Europe's experience with refugees & asylum seekers.

 

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The other half of adults @ issue are not respectful @ all of U.S. citizens, people who have applied for citizenship the legal way, refugees seeking safety who applied from their home countries, & asylum seekers who came to the U.S. through designated ports of entry or other legal channels.  These people are not even respectful of their fellow travelers who are legitimate asylum seekers, if any, that came to the southern border this spring @ points other than designated ports of entry.  They are just regular illegal immigrants who have tried to conceal that fact & they will be flushed out to a high degree – see graph below.  It just takes time & money.

 

click on graph to enlarge

 

All of these people are opportunists who are using our good nature, values, & the Constitution as weapons against us - playing us for chumps.  The Constitution was not meant to be a suicide pact - we can however purposely allow it to be & we are well on our way there.

 

The above statistics prove what a fraud of colossal magnitude we have @ hand that is playing on Americans' sympathy while the whole time our national sovereignty is being violated. 

 

Thanks to everyone who commented on the last post & particularly the long time reader who sent me the results of the June 28 Harvard-Harris poll which is very much in line with the CBS poll question presented in the last post – especially regarding sending fraudulent asylum seekers & other illegal immigrants back to their home country.  

 

Harvard-Harris poll summary – A majority of voters want immigration reform (73%).  Voters also want stricter enforcement of immigration laws (70%).  Voters support prosecuting immigrants who cross the border illegally (53%) & sending these immigrants home (64%).  A majority (55%) also stand against so-called "catch & release" policies.

 

Now only Congress has the constitutional authority to fix the impracticalities in our immigration laws that have made us look like chumps for decades.  If this is important to you the November midterm elections are the next time you can do something about this outrage.

 

But there is an even bigger outrage in this current rigmarole.  And that is the unaccountable federal judge, Dana Sabraw, who is micromanaging immigration policy by ordering Trump to reunite children with the adults who brought them to the border & now is temporarily blocking deportations. What would this judge say or do if Trump had reunited the 46 children indicated above who were brought by criminals & people who were not their parents – would Sabraw take any responsibility for his orders if it was proven that some of these children were murdered or sold into child trafficking as a result of his orders being followed.

 

Sabraw is a federal judge located in San Diego.  The overwhelming percent of the illegal entries are in Texas.  There never was a clearer example of judge shopping than in this case where one unaccountable judge usurps both the President's & Congress's constitutional responsibilities.  And so far he is getting away with it; although Supreme Court Associate Justice Clarence Thomas, a frequent critic of lower courts over the years, has recently talked about reining them in.

 

Here are some steps that can be taken to solve this problem:

 

1.  Mexico & the Central America Northern Triangle countries can rein in the flow of migrants to the U.S. or face consequences.  In this regard, on June 28 Vice President Mike Pence & Department of Homeland Security (DHS) Secretary Kirstjen Nielsen attended a meeting in Guatemala City with the presidents of El Salvador & Honduras & the vice president of Guatemala.  Economics501 has recommended that venture capitalists, economists, & academics should go to these repressive & economic backward nations to start to turn them around.

 

In addition, the recent budget enacted the largest investment in border security in nearly a decade including hiring more people to protect our borders & enforce our laws.

 

2.  Congress can rewrite our immigration laws to take into account all of the undesirable immigration movements that have taken place the past several decades.  As of 2014 DHS reports 12.1 million people comprised the unauthorized population in America.  See graphic below.

 

 click on graphic to enlarge

 

The table below shows the age & sex of the 12.1 million unauthorized people in America as of 2014.  Please note that three quarters of the total are between ages 25 to 54 – the prime working age.

 

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The graphic below shows the current phenomenon of people coming to America from countries other than Mexico & arriving in families.  The below left graph indicates that last year 128,000 Mexicans were apprehended @ the southern border & 176,000 people from countries other than Mexico were apprehended.

 

click on graphic to enlarge

 

President Trump has called the current U.S. immigration laws the worst in the world regarding what is best for their citizens.  The building of the southern border wall will stop asylum seekers, fraudulent or legitimate, who decide for themselves they want entry into America ahead of people who have properly applied for permission to enter – the asylum seekers can wait there until the U.S. Citizenship & Immigration Services (USCIS) decides there is room for entry.  We can set up a certain amount of housing near the border ports of entry so that asylum seekers can be orderly processed as room develops.  Once the housing limit is reached there will be no further entry until there is a vacancy.

 

The erection of the border wall & implementation of the above system would virtually eliminate the tremendous current annual expense.  Immigration & Customs Enforcement (ICE) currently uses more than 100 facilities, including county jails & private detention centers, in 30 states to handle the number of migrants under their charge that are only increasing @ great cost & potential dangers for Americans.

 

Countries like Hungary, Poland, & the Czech Republic have strict immigration laws & only a small handful of asylum seekers are allowed entry – this should be our model.

 

The current immigration laws would literally let billions of people into America if they get one foot into our country & can say "asylum".  Just think, George Soros could go to Darfur & bring thousands of people to America & if they got in we would have to accept them, affording them constitutional rights as they were being processed.  This is not what the Founders envisioned because it clearly goes against everything they worked for. 

 

3.  In 1996 the Clinton White House wanted an opportunity to demonstrate it was tough on immigrants so President Clinton worked with Congress & signed the Illegal Immigration Reform & Immigrant Responsibility Act which limited the Supreme Court's jurisdiction by giving exclusive authority to the Immigration & Naturalization Service (INS) – now divided into three branches of DHS – to determine whether an immigrant will be granted asylum, without the right of appeal to the courts.

 

Any rewrite of our immigration laws should include this type of limitation of the court's jurisdiction.  The graph below shows the effectiveness of the 1996 Clinton law in that prior to 1996 less than 50,000 Mexicans were deported from the U.S. per year & that number jumped to 150,000 deportations per year before other acts were enacted after which the number reached almost 300,000 by 2009.

 

click on graph to enlarge

4.  If the Judicial & Legislative branches of the federal government cooperated in trying to remedy the illegal immigration situation described in the last two posts we wouldn't have Clarence Thomas scolding rogue lower court judges or any need for me proposing solutions to the problem like the three above.

In this era of political correctness the Judiciary is only too happy to have gone from "the least dangerous to the political rights to the Constitution"¹ to the most powerful micromanager & usurper of the authority of the Legislature & President.  The Legislature & President think they gain political correctness cover by abdicating their responsibilities to the Judiciary & so far Trump has gone along with it.

But Trump is an admirer of Andrew Jackson & is quite aware of Jackson ignoring one of Chief Justice John Marshall's rulings by saying "John Marshall has made his decision; now let him enforce it!"  Jackson's position goes hand in hand with "The judiciary on the contrary has no influence over either the sword (Executive Branch) or the purse (Legislative Branch), no direction either of the strength or of the wealth of the society, & can take no active resolution whatever.  It may truly be said to have neither Force nor Will, but merely judgment; & must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments."²

In summary, a terrible illegal immigration situation is being exacerbated by the Judiciary overreaching into an area where they have no business @ all & the Legislature abdicating the oath they took to be the responsible branch to solve the problem.  But the problem is even greater than illegal immigration – by their respective actions & inactions these two branches of government are taking an ax to the very foundation of our country; they are trying to make the elected branches accountable to the Judiciary.  They are saying one federal judge, anywhere in the country, can overrule the President on every & any issue that comes up.

Trump may have no choice but to ignore these rogue judges - whether the current ones or ones he will surely meet in the future as they continue to try to stop everything he does.

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1 & 2:  The Federalist No. 78: Hamilton