Skip to main content

Ignorance on Both Sides of the Debate

     With deportations at record levels, both sides of the immigration debate are blaming each other. Congress is accusing the president of ignoring the law, while the President and his advisers maintain their hands are tied because of Congress. Both sides are talking at each other when they should be talking to each other. Several quotes in a recent New York Times article are perfect examples of the ignorance that plagues those who should be the most informed on the issue and demonstrate why it is just so hard to get something done.

     This, from one of the more powerful Republican senators running off at the mouth demonstrating how ignorant he is on one of the more important economic issues of our day:
“The administration has carried out a dramatic nullification of federal law. Under the guise of setting ‘priorities’, the administration has determined that almost anyone in the world who can enter the United States is free to illegally live, work and claim benefits here as long as they are not caught committing a felony or other serious crime.” - Senator Jeff Sessions

     What is wrong with this guy? First, nullifying federal law…what! I know he went to law school a few decades back, but I don’t think he is fully familiar with the definition of nullification. There is nothing about setting enforcement priorities that violates the law, much less nullifies it. Under the Immigration and Nationality Act the executive branch has wide discretion in how it enforces the law. If Mr. Sessions doesn't like the way the executive branch is exercising its discretion then maybe he and his colleagues should change the law. Disagreement with a policy decision is one thing, but to label it nullification is a bit of a stretch. Second, when are people going to get it through their heads that undocumented people cannot avail themselves of the benefits of the welfare state? As I have mentioned in previous posts, there are some negative externalities associated with the social welfare system when it comes to the issue of immigration, but the proper forum for those issues is a debate about the social welfare system, not the immigration system. I hope that he doesn't actually believe this nonsense and it’s just political pandering…at least that wouldn't be as embarrassing.

Next one is from a White House domestic policy adviser:
“The president is concerned about the human cost of separating families, but it’s also true that you can’t just flip a switch and make it stop.” - Cecilia Muñoz

     Actually Ms. Munoz, the president could flip a switch and make it stop. He has the discretionary authority to defer enforcement action on cases for humanitarian reasons, whether he has the moral and political courage to actually do it has yet to be seen.  There is nothing humane about the removal of a person from the United States, especially when that person has lived most of their life here or has kids who were born here. If the president really wanted to stop all this madness he could simply tell ICE to stop placing people in removal proceedings that meet certain criteria. It is that simple and the switch can be flipped…all it takes is a bit of character and courage.


     I am still optimistic that we will see some sort of change in the law in the near future, but is it any wonder that we don’t have something yet when the very people who should be the most informed are this ignorant?

Comments

Popular posts from this blog

If You Are An Immigrant (even a US Citizen), Here Are 9 Things You Should Know

Are you a Naturalized U.S. Citizen, Lawful Permanent Resident, Visa Holder, or an Undocumented Immigrant? We recommend you take the following steps to protect yourself in our current version of America.
The last couple of weeks have reminded immigrants, even naturalized U.S. citizens, that they were not born in the United States. Our office has received countless phone calls, emails, and social media messages from people worrying about what their family’s future in the United States holds.
Most people want to know what they can do now to protect themselves from what promises to be a wave of anti-immigration activity by the federal government. Trump's Executive Order on Interior Enforcement has some provisions that should make most Americans shiver.  We recommend the following actions for each of the following groups:
Naturalized U.S. citizens. In particular if you have a foreign accent, and you are traveling within 100 miles of any US Border (including the oceans), we strongly rec…

Why is USCIS Taking So Long to Renew DACA Work Permits?

If the calls to our office are any indicator, there are thousands of DACA recipients whose work permit applications were filed at least three months prior to expiration, who are still waiting for their renewed work permits.  Without renewed permits, these individuals lose the right to work legally, the right to drive, and may once again accrue unlawful presence.

The DHS published a notice in October 2014 advising DACA recipients that they could file their request for extension up to 150 days (5 months) prior to expiration.  As with all things government, very few of the DACA recipients, who tend not to frequent government websites, knew about the memo and many did not file so far before expiration perhaps thinking that extending a work permit was a like extending a drivers license, its is done in a few minutes.  As an experienced immigration lawyer will tell you, the USCIS does nothing quickly, and certainly does not worry that a person may lose their job or their driver's licens…

LOS DERECHOS DE LOS EXTRANJEROS EN LOS ESTADOS UNIDOS

Todas las personas en los Estados Unidos, incluidos los extranjeros y aun los con ordenes de deportacion, tienen ciertos derechos básicos que deben ser respetados por los agentes de Inmigración y Aduanas (ICE). Estos derechos se derivan tanto de la Constitución de los Estados Unidos. y las leyes de Estados Unidos. Como extranjero, usted tiene los siguientes derechos:

SU DERECHO A DENEGAR LA ENTRADA A SU CASA
Usted tiene el derecho de negar la entrada a un agente de ICE a su casa sin una orden válida. Esta orden debe ser firmado por un juez. Usted puede negarse a abrir la puerta, o se puede cerrar la puerta después de descubrir que el agente no tiene una orden válida. Los agentes del ICE generalmente no vienen con una orden judicial. Estos agentes suelen venir a la casa de alguien con una orden final de deportación, muy temprano en la mañana. Si alguien está golpeando en su puerta a las 6:00 am, no le es requerido abrir la puerta. Mirar fuera de primera. Si es un agente del gobierno, ust…