[Vision2020] The 2008 Legislature and SB1427 - When Idaho Gave a Damn
Wayne Price
bear at moscow.com
Tue May 25 15:57:09 PDT 2010
Sunil,
The bottom line for me is that the law, no matter how badly written or
unfair, is the law as we have it now.
I'm not the one that said the kids brought over illegally by their
parents are illegal aliens, the law says that.
What I think personally should happen is that the parents, who
illegally immigrate to the US and
bring their kids with them should be "wacked", even harder than those
who just illegally immigrate by themselves.
Personally, I think dragging a child out of their home country by
their parents may even rise to the level of child abuse.
It's basically forcing the child, by the parents actions, into
breaking US Federal law. Shouldn't the parents be held accountable
for that?
And no. I don't advocate breaking up families, I DO strongly believe
that those families should remain together IN THEIR HOME COUNTRY,
until the proper, legal process of immigration IS followed.
My heart goes out for these kids, dragged illegally from their home
countries. If their country wasn't poorer than snot
economically or politically, they wouldn't be headed for the US in the
first place.
And no one wants to look at the basic fairness of those who have
followed all the rules and legally immigrated to the US.
There is a legal procedure, no matter how cumbersome. I'm NOT saying
close the boarders, I'm saying close the borders to
those who try to, or are here illegally.
On May 25, 2010, at 3:40 PM, Sunil Ramalingam wrote:
> And Wayne, I'm amazed in turn at your zeal to whack these kids.
>
> Sunil
>
> From: bear at moscow.com
> To: ophite at gmail.com
> Date: Tue, 25 May 2010 15:26:26 -0700
> CC: vision2020 at moscow.com
> Subject: Re: [Vision2020] The 2008 Legislature and SB1427 - When
> Idaho Gave a Damn
>
> Actually, I see no problem with the law as written, it just needs
> enforced, which it appears on the surface ICE is incapable of doing,
> or there wouldn't be some 12-20 million illegal aliens here now.
> If there is a constitutional problem with the law, that will be
> handled by the courts, NOT vision 2020.
>
> I am amazed by your comment, "I do, however, think there should be
> general amnesty for any illegal immigrant children that spend five
> years in the country graduate high school.
> They didn't do anything illegal; their parents did.
> They shouldn't be forced to leave their home merely because of an
> accident of birth."
>
>
> So, if people break a law for five years they should get a pass?
> THE CHILDREN, not just the parents are breaking the law.
> Now, we can argue all day about if the parents should have brought
> them with them during the commission of a federal crime,
> i.e. illegal immigration, but they have committed a crime, currently
> on the books, exclusive of anything that the Arizona Legislature
> has passed.
>
> And you mention in that same quote "forced to leave their home".
> THEY were forced by their parents to leave their home when the
> parents,
> for what ever reason, CHOSE to break the federal immigration laws
> and move to the US. We are not talking children that are born in
> the US, but children born
> in another country and brought to the US illegally by their parents.
>
> The bottom line is that sneaking into the US, by a foreign national,
> be they Canadian,, Bulgarian or Swiss is a violation of federal law.
>
> A good comprehensive over view of the history of US Immigration
> policy has been published by Cornell University Law School's Legal
> Information Institute:
>
> Federal immigration law determines whether a person is an alien, the
> rights, duties, and obligations associated with being an alien in
> the United States, and how aliens gain residence or citizenship
> within the United States. It also provides the means by which
> certain aliens can become legally naturalized citizens with full
> rights of citizenship. Immigration law serves as a gatekeeper for
> the nation's border, determining who may enter, how long they may
> stay, and when they must leave.
> Congress has complete authority over immigration. Presidential power
> does not extend beyond refugee policy. Except for questions
> regarding aliens' constitutional rights, the courts have generally
> found the immigration issue as nonjusticiable.
>
> States have limited legislative authority regarding immigration, and
> 28 U.S.C. § 1251 details the full extent of state jurisdiction.
> Generally, 28 U.S.C. § 994 details the federal sentencing guidelines
> for illegal entry into the country.
>
> By controlling the visa process, the federal government can achieve
> the goals of its immigration policies. There are two types of
> visas: immigrant visas and nonimmigrant visas. The government
> primarily issues nonimmigrant visas to tourists and temporary
> business visitors. The government divides nonimmigrant visas into
> eighteen different types, but for most types, does not impose a cap
> on the number that may be granted in a year. Only a few categories
> of non-immigrant visas allow their holders to work in the United
> States. Immigrant visas, on the other hand, permit their holders to
> stay in the United States permanently and eventually to apply for
> citizenship. Aliens with immigrant visas can also work in the United
> States. Congress limits the quantity of immigrant visas, which
> numbered 675,000 in 1995. Many immigrant visas remain subject to per-
> country caps.
>
> Early History of American Immigration Law
>
> Congress's first attempt to set immigration policy came in 1790 with
> the enactment of theNaturalization Act of 1790. This Act restricted
> naturalization to "free white persons" of "good moral character" and
> required the applicant to have lived in the country for two years
> prior to becoming naturalized. In 1795 an amendment increased the
> residency requirement to five years. The five-year requirement
> remains on the books to this day.
>
> Upon ratification of the Fourteenth Amendment, all children born
> within the United States received citizenship at birth. In 1870
> Congress broadened naturalization laws to allow African-Americans
> the right to become naturalized citizens. Asian Americans, however,
> did not receive such a right for many years. Xenophobia from an
> influx of Asians between 1850 and 1882 prompted Congress to pass the
> Chinese Exclusion Act, which restricted further Chinese immigration.
>
> In 1921 Congress passed the Emergency Immigration Act, creating
> national immigration quotas, which gave way to the Immigration Act
> of 1924, capping the number of permissible immigrants from each
> country in a manner proportional to the number already living within
> the United States. The aggregate number from the eastern hemisphere
> could not eclipse 154,227 immigrants. Franklin D. Roosevelt's
> Administration essentially closed to the country to immigration
> essentially during the Great depression, drastically reducing the
> numbers per country that could enter the United States.
>
> Modern Immigration Law
>
> The Immigration and Nationality Act of 1952 (INA), also known as the
> McCarran-Walter Act, eliminated all race-based quotas, replacing
> them with purely nationality-based quotas. The INA continues to
> influence the field of American immigration law. To enforce the
> quotas, the INA created the Immigration and Naturalization Service
> (INS). The INS served as the federal agency that enforced these
> caps for remainder of the 20th century.
>
> When Congress passed the INA, it defined an "alien" as any person
> lacking citizenship or status as a national of the United States.
> Different categories of aliens include resident and nonresident,
> immigrant and nonimmigrant, and documented and undocumented
> ("illegal"). The terms "documented" and "undocumented" refer to
> whether an arriving alien has the proper records and identification
> for admission into the U.S. Having the proper records and
> identification typically requires the alien to possess a valid,
> unexpired passport and either a visa, border crossing identification
> card, permanent resident card, or a reentry permit. The INA
> expressly refuses stowaway aliens entry into the U.S.
>
> The need to curtail illegal immigration prompted Congress to enact
> the Immigration Reform and Control Act (IRCA) of 1986. The IRCA
> toughened criminal sanctions for employers who hired illegal aliens,
> denied illegal aliens federally funded welfare benefits, and
> legitimized some aliens through an amnesty program. The Immigration
> Marriage Fraud Amendments of 1986 sought to limit the practice of
> marrying to obtain citizenship. The Immigration Act of 1990
> thoroughly revamped the INA by equalizing the allocation of visas
> across foreign nations, eliminating archaic rules, and encouraging
> worldwide immigration.
>
> The Illegal Immigration Reform and Immigrant Responsibility Act
> (IIRIRA) of 1996revolutionized the process of alien entry into the
> United States. The IIRIRA eliminated the term "entry," replacing it
> with "admission." An application for admission occurs whenever an
> alien arrives in the U.S. regardless of whether the arrival occurs
> at a designated port-of-entry. Applicants at either designated ports
> or otherwise must submit to an inspection by U.S. customs, even if
> the applicant possesses an immigrant visa. The IIRIRA also employs
> the term "arriving alien" to describe applicant aliens attempting to
> enter the U.S., regardless of whether they arrive at a designated
> port, a non-designated point on the border, or are located in U.S.
> waters and brought to shore.
>
> Post-9/11 Reform
>
> On March 1, 2003, the Department of Homeland Security opened,
> replacing the INS. The Bush Administration had designed the
> Department of Homeland Security to foster increased intelligence
> sharing and dialogue between agencies responsible for responding to
> domestic emergencies, such as natural disasters and domestic
> terrorism. Within the Department, three different agencies - U.S.
> Customs and Border Enforcement (CBE), U.S. Citizenship and
> Immigration Services (USCIS), and U.S. Immigration and Customs
> Enforcement (ICE) - now handle the duties formerly held by the INS.
> Currently, the CBE handles the INS's border patrol duties, the USCIS
> handles the INS's naturalization, asylum, and permanent residence
> functions, and the ICE handles the INS's deportation, intelligence,
> and investigatory functions.
>
> Refugee and Asylum Seekers
>
> The Refugee Act of 1980 defines the U.S. laws relating to refugee
> immigrants. Under the Refugee Act, the term "refugee" refers to
> aliens with a fear of persecution upon returning to their homelands,
> stemming from their religion, race, nationality, membership in
> certain social groups, or political opinions. Anyone who delivers a
> missing American POW or MIA soldier receives refugee status from the
> United States.
>
> The United States, however, denies refugee status to any alien who
> actively persecuted individuals of a certain race, political
> opinion, religion, nationality, or members of a certain social
> group. As a matter of public policy, the government also typically
> refuses refugee applicants previously convicted of murderer. For
> refugees who have "firmly resettled" in another country, the United
> States will deny a request for refugee admission. The government
> considers refugees "firmly resettled" if the refugees have received
> an offer of citizenship, permanent residency, or some other
> permanent status from a foreign country.
>
> Under international law, the Geneva Convention, or the laws of the
> United States, foreign citizens who have become disillusioned with
> their homeland cannot take temporary refuge within the United
> States. The Refugee Act of 1980 specifically leaves out temporary
> refuge as a form of refugee status that the U.S. government will
> recognize.
>
> To qualify for refugee status under the persecution provision, the
> refugee applicant must prove actual fear. A proof of actual fear
> requires meeting both a subjective and an objective test. The
> subjective test requires that the refugee actually have an honest
> and genuine fear of being persecuted for some immutable trait, such
> as religion, race, and nationality. Seekers of asylum must show a
> fear that membership in a social or political group has caused past
> persecution or has caused a well-founded fear that persecution will
> occur upon returning. The applicant meets the objective standard by
> showing credible and direct evidence that a reasonable possibility
> of persecution exists upon the applicant's return to the homeland.
>
> The President retains the ultimate decision making authority when
> determining the number of refugees to allow into the country during
> a given year.
>
> Deportation
>
> Deportation refers to the official removal of an alien from the
> United States. The U.S. government can initiate deportation
> proceedings against aliens admitted under the INA that commit an
> aggravated felony within the United States after being admitted. An
> alien's failure to register a change of address renders the alien
> deportable, unless the failure resulted from an excusable
> circumstance or mistake. If the government determines that a
> particular alien gained entry into the country through the use of a
> falsified document or otherwise fraudulent means, the government has
> the grounds to deport.
>
> Other common grounds for deportation include the following: aiding
> or encouraging another alien to enter the country illegally;
> engaging in marriage fraud to gain U.S. admission; participating in
> an activity that threatens the U.S.'s national security; voting
> unlawfully; and failing to update the government with a residential
> address every three months, regardless of whether the address has
> changed. The last of these policies served as the grounds for the
> government to deport 2,000 Pakistanis following the September 11th
> attacks.
>
> If the government brings a proceeding for deportation because of
> fraud or falsification, the government bears the burden of proving
> by clear and convincing evidence that alleged falsification or fraud
> occurred and that the falsification or fraud proved material to the
> granting of admission to the alien. Upon such a proof, the
> government has established a rebuttable presumption that the alien
> gained admission through material falsification or fraud. To rebut
> the presumption, the alien must demonstrate by a preponderance of
> the evidence that admission would have been granted even without the
> falsification or fraud.
>
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