Immigration Law not Being Enforced by Obama and Congress
By Frosty Wooldridge
(Hear Frosty Wooldridge on The Morning Zone this morning at 7:07 AM MDT)
Why does America suffer illegal immigration to the tune of 20 million unauthorized foreigners living and working in the United States of America? Answer: Congress and the past five presidents have not enforced our immigration laws. Why? Big money profits for corporations, cities, farmers, landscape, painting, roofing and other businesses to cheat by paying under the table as well as paying minimum wages instead of prevailing American wages. How? They know they can get away with criminal activity.
It is unlawful to knowingly hire, recruit, or refer for a fee an alien who is not authorized to work in the United States, and it is unlawful to hire any individual without verifying the employment authorization of that individual, either through the I‐9 process alone or combined with the Employment Eligibility Verification (EEV) program (formerly called the Basic Pilot). §274A∗
While it often is difficult to establish that an employer knew an employee was illegal, it is not difficult to establish that an employer failed to complete the I‐9 process; it is also not difficult to encourage employers to use the Basic Pilot to verify work eligibility.
Each Department of the Federal Government is required to participate in a pilot program to verify the employment eligibility of its employees and to comply with the terms and conditions of such participation. §402
The 1996 law created three different pilot programs from which government agencies could choose; when two of them were allowed to lapse and only one, the Basic Pilot, was extended, agencies using one of the lapsed pilots simply stopped participating rather than sign up for the remaining one.
The President is required to make interoperable all security databases relevant to making determinations of admissibility under section 212 of the Immigration and Nationality Act.
Information in this data system must be readily and easily accessible—
1. to any consular officer responsible for the issuance of visas;
2. to any Federal official responsible for determining an alien’s admissibility to or deportability from the United States; and
3. to any Federal law enforcement or intelligence officer determined by regulation to be responsible for the investigation or identification of aliens. §202 of the Enhanced Border Security and Visa Entry Reform Act of 2002 (P.L. 107‐173)
The Department of Homeland Security (DHS) is required to integrate all databases and data systems that process or contain information on aliens. §202 of the Enhanced Border Security and Visa Entry Reform Act of 2002 (P.L. 107‐173)
DHS still uses multiple databases to process and store information about aliens, and there is no way to retrieve reliably all information about an alien through a single query.
DHS is required to process all aliens through US‐VISIT (the automated entry‐exit control system) so as to “collect a record of departure for every alien departing the United States and match the records of departure with the record of the alien’s arrival in the United States.” (emphasis added) §110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (P.L. 104‐208)
Only about 20 percent of non-immigrants are being process through the entry part of US‐VISIT; the other 80 percent of non-immigrants and all immigrants (lawful permanent residents) have been exempted from the system by the Administration; in December of 2006, DHS announced that it did not intend to implement the exit portion of the system because it would be too complicated.
Aliens who commit fraud, use false or altered documents, or make misrepresentations on applications for immigration benefits—including extensions of stay, lawful permanent residence, and naturalization—are ineligible for those benefits. §§212, 237, 340
Out of a total of 7.3 million applications for immigration benefits processed in 2005, U.S. Citizenship and Immigration Services denied only 19,000 as involving fraud. Adjudicators believe that a significant share of the remaining 800,000 denials that year involved fraud, but it was easier to deny them on other grounds. Applicants who are denied for reasons other than fraud, however, are free to apply again and again until they are successful, whereas those denied for fraud are prohibited from re‐filing.
The Secretary of DHS is authorized to expand expedited removal procedures to apply to any or all aliens who have not been admitted or paroled into the United States and who have not affirmatively shown to the satisfaction of an immigration officer that they have been physically present in the United States continuously for two years immediately prior to this determination. §235
In late 2005, Secretary Chertoff used this authority to expand expedited removal to apply to non‐Mexicans apprehended within 100 miles of the U.S.‐Mexico border who cannot prove that they have been continuously present for 14 days. The fact that our Federal court system is clogged with appeals of removal orders ‐‐ the number of cases filed in Federal court rose from just over 2,000 in 1994 to more than 14,500 in 2004 – and the fact that the illegal alien population in the United States continues to grow would suggest that expedited removal needs to be expanded to the full extent authorized by law.
States and localities may not adopt policies, formal or informal, that prohibit employees from communicating with DHS regarding the immigration status of individuals (sanctuary policies). §642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (P.L. 104‐208)
In a five minute astoundingly simple yet brilliant video, “Immigration, Poverty, and Gum Balls”, Roy Beck, director of www.numbersusa.ORG, graphically illustrates the impact of overpopulation. Take five minutes to see for yourself:
“Immigration by the numbers—off the chart” by Roy Beck
This 10 minute demonstration shows Americans the results of unending mass immigration on the quality of life and sustainability for future generations: in a word “Mind boggling!” www.NumbersUSA.org
This is the best website to start: www.numbersusa.org ; watch Roy Beck’s “Immigration by the Numbers” at 14 minutes. Bi-partisan and very effective. Become a faxer of pre-written letters to your reps to make positive change.
Visit www.TheSocialContract.com for the best information on what we face as a civilization as to overpopulation, energy, immigration and much more.
Canada www.immigrationwatchcanada.org ; in Australia www.population.org.au andPublicPopForum@yahoogroups.com; in Great Britain www.populationmatters.org ; and dozens of other sites accessed at www.frostywooldridge.com. In Florida, www.flimen.org .
Must see DVD: “Blind Spot” www.snagfilms.com/films/title/blind_spot/ , This movie illustrates America’s future without oil, water and other resources to keep this civilization functioning. It’s a brilliant educational movie! www.blindspotdoc.com
Must see: Rapid Population Decline, seven minute video by Dr. Jack Alpert-
Must see and funny: www.growthbusters.org ; www.youtube.com/watch?v=FXSTrW_dARc
Dave Gardner’s Polar Bear in Bedroom:
growthbusters.org/2010/03/save-the-polar-bear-in-your-bedroom ; Dave Gardner, President, Citizen-Powered Media ; Producing the Documentary, GROWTH BUSTERS; presents Hooked on Growth: Our Misguided Quest for Prosperity, Join the cause at www.growthbusters.org ;760 Wycliffe Drive, Colorado Springs, CO 80906 USA; +1 719-576-5565