Posted on 09/14/2007 2:58:17 PM PDT by DoorGunner
Barbarians at the Gates!
A Parable for Our Times
Civilizations rise, and civilizations fall.
They rise when all of the varied forces, actions, and influences which move a culture toward a more civilized state are more powerful than those forces, actions, and influences move a culture away from that more civilized state. When that balance changes to favor the “anti-civilization” forces, that civilization will begin to fall.
The Myths of The Magic Latinos1
MYTH 1: They are NOT “illegals.”
Part 3
(to read part 1, go here):
http://www.freerepublic.com/focus/f-bloggers/1841785/posts
(to read part 2, go here):
http://www.freerepublic.com/focus/f-bloggers/1849240/posts
The presently debated Simpson-Mazzoli Grande must necessarily violate the 14th amendment:
nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.Furthermore, any clone of Simpson-Mazzoli must similarly so violate. This is unsurprising, since the present state of enforcement of existing immigration laws (not to mention the SS fraud laws) is so absurdly discontinuous that it could reasonably stand as an examplar (nay, as the DEFINITION) of the phrase “Arbitrary and Capricious.” < STYLE="margin-left: 0in; margin-right: 0in">Consider the recent “raid” in Portland:
More than 165 workers were detained to be processed for possible deportation, officials said, and three people were indicted on immigration, illegal documents and identity theft charges.
...
Leigh Winchell, the special agent in charge of the Immigration and Customs Enforcement regional office in Seattle, responded by saying...
“The mayor is former law enforcement and he understands that we don’t always necessarily agree with the laws placed in front of us,” Winchell said. “I don’t make the laws. I enforce the laws.”
According to an affidavit filed by Maximillian Trimm, a special agent with Immigration and Customs Enforcement, a check of employee records at one point showed that only 48 of nearly 600 workers at the Fresh Del Monte Produce fruit and vegetable processing plant had valid Social Security numbers.
The raid Tuesday involved fewer than 600 workers because of seasonal employment changes and shift work, Winchell said.
He also said the timing of the raid was decided about a month ago and had “absolutely nothing” to do with the immigration reform debate in Congress this week.
http://www.statesmanjournal.com/apps/pbcs.dll/article?AID=200670613016
Note: 165+ were “detained,” for “possible deportation.” < STYLE="margin-left: 0in">“three people were indicted”
THREE people out of 165? No! THREE people out of 552! 0in"“only 48 of nearly 600 workers...had valid Social Security numbers.”
Which begs the question: “Why not indict ALL 552?” To begin with, only ~165 (out of 552) were at the plant when the raid occurred. < STYLE="margin-left: 0in; margin-right: 0in">“because of seasonal employment changes and shift work,” Are we to suppose that it was merely the vagaries of chance that so few were there? It doesn't look like chance: “the timing of the raid was decided about a month ago”
We cannot know as a certainty whether the time and date were intentionally chosen to involve as few illegal aliens as possible. We can, however, examine some public statements by the Agent in charge:Leigh Winchell.
“...we don’t always necessarily agree with the laws placed in front of us,” Winchell said. “I don’t make the laws. I enforce the laws.”
I contend that Special Agent in Charge Winchell plainly and openly does NOT “...enforce the laws.” From an earlier “bust:”
BLAINE - For 54 people from India and Pakistan, coming to America meant spending thousands of dollars and slipping into the country through a field in rural Whatcom County.
The men, women and young children paid upward of $36,000 a head to a smuggling ring for forged passports and help to sneak into the United States.
Officials said they weren't planning on prosecuting the individual immigrants smuggled into the country. It remains unclear if they'll face deportation.
...
But Winchell believes the reasons illegal immigrants are coming aren't nefarious.
"The vast majority of these individuals coming into this country are coming here for a better way of life," he said.
http://www.bellinghamherald.com/354/story/102990.html
“...not nefarious.” One does not pay $36,000 for a forged passport without forming the intent to USE that false passport. They entered into a conspiracy to illegally infiltrate the US, to commission the forgery of false identification, with intent to use that ID to commit fraud (at the very least). If “coming here for a better way of life," means they plan to pick lettuce or pluck chickens, they must commit continuing Social Security frauds. Perhaps they are independently wealthy, in their own homeland; but decided that living here illegally would mean “a better way of life." Even these illegals with independent wealth would necessarily use false identification (and, therefore SS Number) for things like licenses, bank accounts, government forms like tax documents... or would they need to be tax evaders, too? (Remember Al Capone?) Although these motivations are possible, in the final analysis, they are not compelling.
More compelling is the idea that some of this group of illegals are employed outside the US, to do work HERE. If this were legitimate employment, they could enter openly, therefore legally. These people could be employed by a foreign business interest (industrial espionage) or a foreign government (military/political espionage – spies) or a terrorist organization (terrorism). This is, obviously, speculation. But it is a reasonable speculation.
What is NOT speculation is the fact that all of these illegals conspired to commit crimes, with the obvious intent to live in America by engaging in serial felonies, at the very least. If the word “nefarious” still has any determinable meaning, those many crimes are nefarious.
Winchell is “in Charge” of enforcing the law, but apparently feels that the mere fact of illegal infiltration exempts the infiltrator from being held to account for his criminal acts – they shouldn't even be deported. And, this is just one example of the de facto exemption of an entire category of people (illegal aliens) from any accountability for multiple felonies. ...
“...equal protection of the laws.”
The 14th amendment was written just after the Civil War. The “equal protection” clause was needed, because former slaves were (in many States) not being protected by the laws. Though legally free, they were at times subject to lynching and to de facto slavery. Though these acts were against the law, those who perpetrated them were (typically) NOT held to account for their crimes. The law, in these States, did not protect emancipated slaves from those who would lynch and enslave them.
The sad, terrible, reality is that these crimes continued well into Twentieth Century America (the 14th Amendment notwithstanding).
If you do not believe that de facto slavery existed in the twentieth century, I invite you to read this autobiography:
The Emancipation of Robert Sadler (Hardcover)
by Robert Sadler
http://www.amazon.com/Emancipation-Robert-Sadler/dp/0871231328
The anti-slavery laws failed to protect Robert Sadler, because those in power “pretended away” the Equal Protection clause. (The racism behind this “pretending away” is pretty obvious.)
Anti-slavery laws presently fail to protect some illegal aliens from various degrees of slavery: from the utterly vile slavery of forced prostitution, to the relatively benign “unsafe working conditions,” “wage cheating,” etc. which are not reported because the workers are also committing serial felonies. Those illegal aliens who are subject to these varying forms of de facto slavery are also NOT protected by anti-slavery laws, wage and hour laws, or safety laws. I believe that Equal Protection is “pretended away” in the case of Illegal aliens by the very racism behind the de facto slavery and lynching of American Black people – but with better camouflage.
Another factor which I believe militates against Equal Protection for illegal aliens is that the wholesale, intentional refusal to hold illegals to account for their serial felonies also applies (more or less) to those American citizens who employ them. If a regulatory agency, or even ordinary law enforcement, hears about a situation in which Illegals are being mistreated, they very well may hesitate to act. Why? Because a labor law violation might bring to light the fact that hundreds of illegal aliens (whose labor rights were being violated) had themselves been committing serial felony frauds, with the full, direct, and specific knowledge of the Federal Government. But the crimes of the aliens were ignored -- “pretended away.” If the employers were to be punished for their crimes, and the aliens were not, everyone would be able to see that it was blatantly unfair.
Furthermore, The employer of illegals commits crimes when he submits documents to various State and Federal agencies containing obviously false SS numbers. It would be ludicrous to sanction an employer for (shall we say) lack of drinking fountains, when he (and his employees) are openly guilty of serial felony frauds (which must be “pretended away”).
“...equal protection of the laws.”
Another large group of people who are NOT being accorded Equal Protection of the Law are not illegals. They are those citizens who are victims of “identity theft.” For years, these victims were accorded little, if any protection of the Law. They were told that it was a “civil matter,” not a crime. Even now, when ID theft is (mostly) criminalized, it is still a major problem.
Although part of the ID theft problem is committed by citizens for financial gain, the other part is committed by illegal aliens, also for financial gain:
More than 90 percent of American Staffing's employees were using Social Security numbers that belonged to other persons or were made up.
The misuse of a person's Social Security number can result in the true owner of that number having benefits reduced, suspended, or terminated. Among the individuals whose Social Security numbers are being misused are:
7 persons who are 60 or above and are receiving disability benefits;
13 persons who are more than 70 years old;
18 juveniles;
29 deceased persons.
http://www.ice.gov/pi/news/newsreleases/articles/070612portland.htm
Social Security numbers used by illegal aliens are either “made up,” or “belong to other persons...” Even the “made up” numbers may very well “belong to other persons.” This “...can result in the true owner of that number having benefits reduced, suspended, or terminated.” This can be devastating. Consider the case of (someone's) dear old Uncle Fred. Let's say that he is totally disabled, and could not put in a day's work, to save his life. Now, consider a petty bureaucrat. Perhaps someone who has felt offended by Uncle Fred, or who is maybe just a common uncaring creep. This bureaucrat notices that Dear Uncle Fred is plucking broilers in a chicken factory in Arkansas. Clearly, he reasons, Uncle Fred is in good health, and therefore, Fred's “disability” is fraudulent. He begins administrative proceedings which immediately stop Uncle Fred's Disability payments, AND require him to immediately repay all of the money which he has obtained by (imaginary) “fraud.”
Unless Uncle Fred has someone on his side who has both the power to rectify this situation, and the inclination to do so, Uncle Fred could soon discover the joys of living under bridges.
In this imaginary case, Dear old Uncle Fred is denied Equal Protection, largely because illegal aliens are NOT held to account for their criminal, felonious, fraudulent, use of “other people's” Social Security numbers. I imagine (although without hard evidence) that this de facto amnesty for illegal aliens is responsible for the unwillingness to pass effective laws against “identity theft.”
“...equal protection of the laws.”
The late “Simpson/Mazzoli Grande” has been removed from public view, if not from public memory. Unless America faces the hard reality that ALL illegal aliens live in a world of continuing felonies, Simpson/Mazzoli Grande will be revived, in some form, and it will also violate the Equal protection clause.
Up to this point, we have been (except for the $36,000 “non nefarious” conspirators) concentrating on the “Magic Latinos.” These are those who work hard, try to assimilate and want to become good citizens. These are the folks you or I would want to have as neighbors. Now, we must consider those illegal aliens who do NOT fit that category.
Consider the “Mara Salvatrucha/MS-13” criminal gang. Consider terrorists. Consider the 9/11 terrorists who (mis)used student visas. Consider non-Latins who intentionally overstay their visa. Consider other (more) common criminals – drug dealers, scam artists, rapists, murderers, etc. Will the next Grande accord all of these the same amnesty intended for Magic Latinos?
If it does NOT, it will be in obvious violation of the Equal Protection clause.
Will it ratify (codify, set in stone) the present de facto immunity of MOST illegals from prosecution for serial felony Social Security frauds? If so, and the same immunity is not also accorded to citizen identity thieves? Even if the citizen thief only did it to “feed his family?” If not, that would be an open violation of Equal Protection.
Will the next Grande maintain the current system which (too often) substitutes deportation for any real penalty for vicious, horrible crimes. For instance, for raping a 3 year old:
BLOOMINGTON, Minn. - U.S. Immigration and Customs Enforcement (ICE) deported a man to Mexico yesterday who was convicted of sexually assaulting a 3-year-old girl at his family's daycare facility.
Salazar-Clara pleaded guilty to the original charge of second-degree criminal sexual conduct June 13, 2007, and was sentenced to 36 months in prison, which was stayed. ICE located him in the Hennepin County workhouse and took custody of him June 19.
http://www.ice.gov/pi/news/newsreleases/articles/070628bloomington.htm
This one raped a 5 year old. They didn't even bother to deport him. He was not even in jail:
FOX News has learned Carranza, who has a fake Social Security number, had been arrested on charges of raping a 5-year-old girl and then threatening the child and her parents. In that case he faced a 31-count indictment.
In another, he was arrested on assault charges stemming from a bar fight.
Immigration officials apparently were aware of Carranza's illegal status since his prior arrests, according to Essex County Sheriff Armando Fontoura.
http://www.foxnews.com/story/0,2933,292717,00.html
How could any judge release an obvious vicious criminal, even though he was openly committing ongoing serial Social Security frauds? Maybe because Newark is a “sanctuary city.” Here is a list:
http://www.ojjpac.org/sanctuary.asp
“...equal protection of the laws.”
The Equal Protection clause is, and should continue to be, a codification of fairness. Through this clause, our constitution declares to the world that our laws should be applied fairly.
Illegal aliens continually and openly commit crimes (of various kinds) but are only rarely accused; and even if accused are rarely prosecuted; and even if convicted, are all too often not sentenced to prison, but are given a free ride to their own homeland. American citizens who commit the same crimes (except those who employ illegal aliens) are not afforded such “status immunity.” This is fundamentally unfair, and blatantly anti-constitutional. It is also anti-civilization. We have seen that the high level of anomia in the homelands of illegal aliens is a (the?) major factor which impels illegal infiltration. This anomia is not due to a lack of laws (usually) but rather to some of the people having de facto “status immunity” to either law, or societal norms. These people (ruling elites, criminal elites, corrupt police, military units who provide cover for drug gangs, etc.) are protected from the law. Those not in these protected groups, the ordinary citizens, are not protected by the law. They do not enjoy
“...equal protection of the laws.”
When the un-protected flee the anomia of their homelands, and illegally enter the US, they find that they (and their employers and caseworkers) are a protected elite who are largely immune from accountability to the law. Although the illegal aliens brought with them a disregard for the law which is the product of their anomian homelands, they did not cause the anomia in which they find themselves, here.
The original Simpson/Mazzoli should have solved the illegal alien problem; but some American citizens decided not to follow the law. Then, various Government agencies decided (or were ordered) not to prosecute (most) immigration crimes. That willful misprision was then extended to the multiple felony Social Security frauds of the illegal aliens, AND to the felonious acts of the aliens' illegal employers (co-conspirators).
Simpson/Mazzoli should have worked. I believe it would have worked, if everyone involved believed that it would be seriously and fairly enforced. But, they didn't believe it would be. They didn't believe in the Rule of Law, or in Equal Protection, or even in ordinary truth. Instead, they believed in pretending.
In a little kid, pretending can be cute. In an adult, pretending is pathetic, at best. For a great nation, having a large part of its population pretend away the rule of law is a serious problem. To deal with this problem, the rule of law must be re-established. Existing laws (not only immigration laws, but also fraud laws) must be equitably, fairly, and honestly enforced. Illegal aliens, potential future illegal aliens, their employers, and other co-conspirators must be made to see and believe that they will no longer be allowed to violate the law, without serious consequences.
If this one thing were accomplished, the illegal alien problem would largely disappear. Few would employ illegals, if they believe that they will be fairly and justly penalized for their crimes. Few aliens would illegally infiltrate, if they believe that they will not (likely) be employed; and, if they are employed, that they will be fairly and justly penalized for their own crimes.
We have tried “pretending away” the rule of law. We must stop pretending, and re-establish the rule of law – fairly and justly administered.
Ignatius Porta-custos
Next: more myths
1Refer to http://www.latimes.com/news/opinion/la-oe-ehrenstein19mar19,0,5335087.story?coll=la-opinion-center
I don’t get it. How about a one sentence summary?
How about few short sentences?
Illegal aliens (normally) cannot legally get a Social Security Card/Number, so they get them illegally, and use them for work, welfare, and many other applications.
EVERY time they do so, they commit a new, separate Federal felony, among other crimes.
Employers and welfare caseworkers are required to verify citizen status and legality of SS numbers, but many do not do so – thus committing their own crimes, AND (tacitly or openly) entering a criminal conspiracy with the illegal alien(s).
These crimes are (almost always) ignored by those charged with enforcing the relevant laws, and “pretended away” by politicians, media, and “activists.”
The fact that a privileged group (illegals and co-conspirators) is not held to account by the law, while other citizens are punished is completely unfair, and thus, a violation of the 14th amendment.
I could go on and on, as I already have done, and will do again.
Ignatius P-C
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