Skip to comments.Amnesty (is) For Dummies
Posted on 08/15/2010 11:21:15 AM PDT by AuntB
Amnesty is defined as the action of governments by which persons or groups who have committed a criminal offense of a political nature that threatens the sovereignty of a country, are granted total or partial, conditional or unconditional, immunity from prosecution for that crime. Amnesty law, the core of Comprehensive Immigration Reform, is not the solution to our illegal alien crisis, despite misguided claims from the Left. Indeed, past amnesty law dramatically increased illegal immigration, and any suggestion of new amnesty law only encourages more of the same, with illegals crowding into the country to get in under the wire at the prospect.
Even the potential for amnesty rewards lawlessness, penalizes legal immigrants & lawful citizens, leads to a dramatic increase in illegal alien immigration, contributes to the deterioration of American sovereignty, culture & language, undermines our socio-economic stability & growth, and promotes unchecked, single-party dominance, destabilizing our two-party political system. No Amnesty should be offered and no illegal aliens should ever be allowed to vote.
One of the key components of the current illegal immigration crisis is birthright citizenship, based on misinterpretation of the 14th Amendment to the Constitution, Section 1, where it says:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside.
Based on this Citizenship Clause, even children born in the U.S. to illegal alien parents are currently considered citizens. This definition of birthright citizenship has led to the practice of foreign women crossing the border into the country illegally, for the sole purpose of giving birth to a child in an American hospital, so that baby would be a citizen of the U.S. and serve as an anchor baby, facilitating the legal immigration of the entire extended family. Recent reports have found that, while illegal aliens comprise only 4% of the U.S. population, they account for more than 8% of babies born in the United States.1
Considering this rate of birth of anchor babies, the subsequent family members that will immigrate based on these births, and the current and projected rates of illegal immigration, the sheer numbers of illegal aliens constantly breeching our borders are overwhelming. There is a huge toll to be paid for this; the cost to American taxpayers and culture vastly outweighs any benefit from work done and taxes paid by illegals.2,3,4 Illegal aliens must not receive welfare, medical coverage, Social Security, or any other services at the expense of taxpayers, as this costs the public millions of local and federal dollars, and voraciously consumes local and national resources.
This clause of the 14th Amendment was intended to assure citizenship to the children of African-American, former slaves, in anticipation of Southern challenges to black citizenship rights. Many have the erroneous belief that birthright citizenship applies to all children born on U.S. soil. In fact, children of foreign diplomats born in this country are not U.S. citizens.5 Furthermore, the 14th Amendment was never intended to extend birthright citizenship to the children of illegal aliens. U.S. Senator Jacob M. Howard was the author of the 14th Amendment Citizenship Clause. During debate over this clause, Senator Howard confirmed that children born in the U.S. to foreign or alien parents were not birthright citizens. This was recorded in the Congressional Record of the time:
This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the family of ambassadors, or foreign ministers accredited to the Government of the United States, but will include every other class of persons.6
To fix the anchor baby portion of the illegal immigration crisis, it is not necessary to repeal the 14th Amendment, as some have proposed. Rather, congressional legislation could reaffirm the original intent of the Citizenship Clause and all children subsequently born in the U.S. to illegal immigrant mothers would no longer be birthright citizens or serve as anchor babies.7
Immigration law mirroring federal statute was passed in Arizona in 2010, in response to a virtual invasion of illegals, with thousands of people crossing the border from Mexico each day. Other States have also noted an influx of illegals and are planning similar legislation. State immigration laws like Arizonas are necessary when the government fails to uphold, and continues to delay, fulfilling federal obligations to provide border security and protection from violent illegals and foreign drug cartels.8, 9 While Arizona went to great lengths to assure there would be no racial profiling and the law would meet constitutional muster, many, including U.S. Attorney General Eric Holder, criticized the Arizona law as racist and unconstitutional, before admitting they had not yet read the law.
In fact, President Obama indicated to U.S. Senator Jon Kyl of Arizona that he is holding border security hostage until he gets the necessary political cooperation to pass Amnesty law.10 In addition, rather than provide assistance to this embattled State, the Obama Administration, acting through the U.S. Attorney General, Eric Holder, filed against the State of Arizona in federal court and was granted a stay of several key portions of the law. The injunction was reported to have been issued based on the Constitutions Supremacy Clause, where, if there is overlap, federal statutes supersede those of the States. This temporarily halted meaningful implementation of the Arizona Immigration Law SB 1070, pending appeal.
Article 1, Section 8, Paragraph 4 of the Constitution grants power to the Congress to uniformly regulate naturalization, which is the process involved in a foreigner obtaining citizenship. However, since the power to regulate immigration, the relocation of foreigners into the U.S., is not granted to the federal government, this power, by default, belongs to the States. As such, Arizona and all other States in the Union, have the right and obligation to establish and enforce their own immigration laws.
Article 1, Section 10, Paragraph 3 of the Constitution clearly gives Arizona the right to wage a defensive war based on the imminent danger of the illegal immigrant invasion of Arizona and President Obamas persistent delay in providing assistance:
No State shall, without the Consent of Congress engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
Article 3, Section 2, Paragraph 2 of the Constitution organizes the judicial system, and determines that where a legal action involves a State, the Supreme Court is the only court where such actions can be tried:
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be party, the supreme Court shall have original Jurisdiction. In all the other cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
Having filed an invalid action in federal court and obtained an invalid ruling from a federal judge in regard to the State of Arizona, Mr. Holder finds himself in another awkward situation. Any action the federal government wants to take against Arizona, must be correctly tried only by the Supreme Court. Whether the federal or State government, in the end, takes responsibility for the border, it is essential that it be secured without delay. The imperative of border security is a key part of National Security and is heightened by the ease with which known terrorists can illegally traverse the border without detection, to infiltrate American society with murderous intent.
Some have proposed, as a solution to our illegal immigration crisis, Comprehensive Immigration Reform, which is Washington-speak for Amnesty. However, we have seen that Amnesty is no solution and would only worsen the problem. The key to a real solution is strengthening and enforcing current immigration law. If proper enforcement prevents U.S. employers from hiring illegal aliens, these jobs will dry up and illegal aliens, most of who came here to work, will pack up and go home without further incentive.
Those choosing to commit the crime of illegal immigration understand that family separation is an integral part of this choice. However, families should not be torn apart, if at all avoidable. Rather, as unemployed illegal aliens repatriate themselves, they are encouraged to keep their families intact by taking them along with. If some industries truly need foreign laborers, programs can be expanded, & workers can apply for temporary, guest-worker status from their home country. Consideration should also be given to the legal immigration and naturalization of more highly-educated and skilled workers, if demand exists.
1. Jordan M. Illegal Immigrants Estimated to Account for 1 in 12 U.S. Births. The Wall Street Journal, U.S. News, August 12, 2010. http://tinyurl.com/2cmgbp2
2. Wagner PF, Amato D. The Dark Side of Illegal Immigration: Facts, Figures and Statistics on Illegal Immigration. http://tinyurl.com/ybtwl8s
3. McNeill JB. Amnesty as an Economic Stimulus: Not the Answer to the Illegal Immigration Problem. May 18, 2009, The Heritage Foundation. http://tinyurl.com/25nyobo
4. Smith L. Immigration: Many Questions, A Few Answers. October 3, 2007, The Heritage Foundation. http://tinyurl.com/2gyz7rj
5. Gordon R. The Diane Rehm Show: The Debate Over Immigration and Birthright Citizenship. Case Western Reserve University School of Law News. http://law.case.edu/Home/News.aspx?id=807&content_id=57
6. Howard JM. The Congressional Globe, 39th Congress, Senate, 1st Session, May 30, 1866, p. 2890. http://memory.loc.gov/ammem/amlaw/lwcg.html
"Some have proposed, as a solution to our illegal immigration crisis, Comprehensive Immigration Reform, which is Washington-speak for Amnesty. However, we have seen that Amnesty is no solution and would only worsen the problem.....
"This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the family of ambassadors, or foreign ministers accredited to the Government of the United States, but will include every other class of persons.6
6. Howard JM. The Congressional Globe, 39th Congress, Senate, 1st Session, May 30, 1866, p. 2890. http://memory.loc.gov/ammem/amlaw/lwcg.html
More illegal alien news today:
Previously arrested illegal alien charged with raping two little girls in North Carolina
* August 13th, 2010 11:01 pm
Photo: NBC 36
Sheriffs deputies in Mecklenburg County have arrested Ricardo Velasquez, 40, and charged him the rape of two girls, ages 7 and 8. According to court documents, the rape occurred a little before 9:00 p.m. on Sunday night.
The Ecuadorian national is facing two counts of rape on a child under 13, two counts of taking indecent liberties with a child, and two counts of first-degree sex offense on a child.
The two children were taken to the hospital Sunday night, but their condition is not known at this time.
Velasquez has three previous DUI convictions as well as three more convictions for interfering with an emergency communication. In 2004, he was charged with assaulting a woman, and breaking and entering.
After a 2007 DUI conviction, Velasquez was ordered to leave the country. However, as is so often the case, he simply ignored the order.
Mecklenburg County Sheriff Bailey said: This is probably a good example of bureaucracy.
However, Sheriff Bailey does not blame Immigration and Customs Enforcement for this crime, saying: In an ideal world when he was convicted of the DUI and put on probation and ICE took him out of that status if they had had enough people then in an ideal world they would have picked him up and they would have put him into deportation.
Of course, ICE did not deport Velasquez, and now two innocent little girls will have to live the rest of their lives with the horror of having been raped.
Yet again, this was a crime that could have easily been prevented.
How many children must be victimized before we get serious about immigration enforcement?
The poor parents will probably try to kill him.
Every illegal alien has committed a multitude of crimes. It starts the day they cross the border without, umm, "inspection".
And then it's a kaleidoscope of crimes: working without paying taxes, stealing identities and social security numbers, driving without licenses in unregistered cars, failing to report or pay income taxes (different from witholding crime quoted before), the list goes on and on.
Will they be amnestied for all of those crimes too? Or just not prosecuted? If they present themselves for immigration amnesty, will the immigration officer restrict himself to questions about that and that only? Will they have to go before a judge and allocute to the crime?
Amnesty for illegal aliens is a grotesque end to a Republic under law. Will they then amnesty the American public for a laundry list of crimes? If not, why not? Are we not all equal before the law? Why should illegal aliens constitute a new, protected class: those empowered to commit crimes without reprisal.
Comprehensive reform indeed. So comprehensive, 20 million criminals get immunity that not even Natural Born Citizens get.
Good comments! What we must be weary of is ANY politician trying to hedge the amnesty issue by using terms like ‘legalization’, regularization, path to citizenship, etc.
I get weary of politicians or just well-meaning folks using that term “path to citizenship”. No! That “path” already exists; if illegals wanted to take it, they would have done so. No, they saw what happened in 1986 and figured if they bide their time, they’ll get amnesty as well.
It isn't immigration ~ It's foreign invasion!
Protect our borders and coastlines from all foreign invaders!
Be Ever Vigilant!
Look at this tragedy...don’t know if he’s an illegal alien...doesn’t speak English. He is certainly an immigration mistake!
He speaks no English and is 39 years old. He is receiving disability payments.
Tampa police: Man kills girlfriend with machete in front of her teens
By Jessica Vander Velde, Times Staff Writer
In Print: Tuesday, August 10, 2010
TAMPA Two teen girls saw their mother brutally slain with a machete Sunday in their Tampa home.
From the kitchen, they could hear her screams. They ran to her bedroom door and kicked it down. When they saw the attacker’s face, they fled out of fear.
“Run! Run!” one of them said he yelled after them, in Spanish.
Police charged Alexander Cote Ferrer, 39, with second-degree murder in the Sunday night death of his longtime girlfriend, Danitza Fonseca, 50. They say he stabbed her with a machete.
The young women say they had warned their mother for years that the domestic violence might turn fatal. Just last January, Cote Ferrer threatened one of them, 18-year-old Jennifer Fonseca, and her mother with a machete and an aluminum baseball bat, Tampa police say.
Jennifer Fonseca grabbed a kitchen knife to defend herself and her mom, court records state. They called 911.
In a sworn statement about the January incident, now in court files, Danitza Fonseca wrote that her boyfriend has mental health problems and that he’s aggressive. For two weeks before that attack, he had not been taking his medication, she wrote.
“I can’t help him any more,” she wrote.
But last month, she told prosecutors she wanted to drop the case. He was receiving mental health counseling, she said. In early July, the case was closed.
Domestic violence experts say it’s common for victims to hope their lovers will change.
“You see cases where the batterer is able to convince the survivor that he will change, that he has changed,” said Leisa Wiseman, spokeswoman for the Florida Coalition Against Domestic Violence.
Danitza Fonseca’s youngest daughter, 16-year-old GiGi Fonseca, who also witnessed Sunday’s attack, said her mother thought she could help her boyfriend through prayer and hard work.
She drove him to mental health appointments and picked up his medications, GiGi Fonseca said.
The couple received disability checks she for health problems and he for mental issues, GiGi Fonseca said.
“She felt as if Alex’s problems could be cured,” she said. “But sometimes people can’t change.”
Judge Walter Heinrich told Alexander Cote-Ferrer that prosecutors “have a very good case against you.” Cote-Ferrer, who does not speak English and had an interpreter, showed no emotion during his brief court appearance.
Police say 50-year-old Danitza Fonseca was slashed to death late Sunday in her home on East Thrace Street.
Moments later, Fonseca’s two teenage daughters, Gigi and Jennifer, said they broke into the room and witnessed the gory scene.
“We saw him with the machete in his hands. We saw the scars all over her, her face, her body. There was blood everywhere. There was blood all over him,” she said. “That is when we looked into his eyes and he gave us a crazy look, letting us know he was coming after us,” said Gigi, 16.
Tampa Police said there was a history of violence. Last January, Cote-Ferrar was arrested for threatening Fonseca with a machete.
That weapon remains in police evidence. Cote-Ferrer might still be in custody, but prosecutors say Fonseca refused to press charges.
“I get weary of politicians or just well-meaning folks using that term path to citizenship. No! That path already exists; if illegals wanted to take it, they would have done so. No, they saw what happened in 1986 and figured if they bide their time, theyll get amnesty as well.”
I think you nailed it, Sister_T! Amnesty won’t be for the good people only, it will be for all the criminals just waiting for it....like these:
Saturday, Aug. 14, 2010
7 charged in Mexican restaurant melee are illegal immigrants, may be deported
All could be subject to deportation, investigators say
FAIRMONT CITY — All seven people charged in connection with a bloody melee on Sunday at a Mexican restaurant and bar are illegal immigrants, and they may be deported, according to detectives.
About 1:15 a.m. Sunday, officers from Collinsville Police Department, Fairmont City Police Department and Illinois State Police responded to a report of a large fight on the parking lot of Perez Cantina, 5903 Collinsville Road in the Fairmont City area.
At the fight scene, police found a switchblade knife, a machete and a sawed-off 12-gauge shotgun.
Top row, from left: Ever Abel Murillo, Danilo Cubas, Martil Oliva, Morales Milton; bottom row, from left: Carlos Paguada-Escobar, Santos Paguarda-Ramos, and Josue Ortiz. - Provided/BND
Three stabbing victims were taken from the scene to area hospitals. Two of those were released shortly afterward, but one remained Monday evening in critical but stable condition at a St. Louis hospital. An update on that person’s condition was not immediately available Friday.
According to affidavits filed this week by Madison County Sheriff’s Detective Michael Keshner, all seven are illegal immigrants.
Sheriff’s Capt. Brad Wells said detectives have notified U.S. Immigration and Customs Enforcement.
“They have detainers on them. They will remain here until the state’s attorney determines how they want the cases handled. That may include turning them over to ICE and they are deported,” Wells said Friday.[snip]
“In an ideal world when he was convicted of the DUI and put on probation and ICE took him out of that status if they had had enough people then in an ideal world they would have picked him up and they would have put him into deportation.”
Well maybe ICE could hire more people if it wasn’t paying everybody there 100K a year with the typical Cadillac government benefit plans. Putting Fed apparatchiks on 401Ks to be in charge of their own retirement, as are most private sector employees, is LONG overdue.
Thanks for the post; pings; thread.
Great comment in a great post. BTTT!
You’re really on top of these news items with illegal aliens. Do you have a ping list? If so, could you add me to it? Thanks, AuntB!
Will do. Check the keyword on FR - NAFBPO for news south of the border.
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