Washington, D.C. (June 18, 2018) – – A Center for Immigration Studies analysis of the enforcement provisions of Ryan’s Amnesty Bill looks at the enforcement improvements that are intended to balance the bill’s massive amnesty of 700,000 DACA beneficiaries plus an unknown number of other illegal aliens and an unknown number of the adult sons and daughters of guest workers. In addition, it would give these amnestied aliens the ability to petition for the parents who illegally brought them, or had them smuggled, and other family members, which will encourage others to make the dangerous journey and continue the flood of families and unaccompanied minors surging across our southern border. The nearly 300 page draft bill is expected to make its way to the floor this week after very little time for debate and analysis, joined by the Goodlatte bill, which grants legitimate status only to the 700,000 DACAs and provides more comprehensive enforcement provisions.
View analysis of border security measures: https://cis.org/Cadman/Ryans-Immigration-Bill-Analysis-Border-Security-Provisions View analysis of border loopholes, interior enforement, and judicial review measures: https://cis.org/Arthur/Ryans-Immigration-Bill-Border-Loophole-Interior-Enforcement-and-Judicial-Review-Provisions
Some highlights:
- The Ryan Bill appropriates $23.4 billion funding for border barrier construction and infrastructure technology.
- The language in the bill appears to pull back the amnesty if funding for border security is rescinded, diverted, or expended in methods inconsistent with Section 5101, BUT the recipients of the amnesty, for all intents and purposes, would simply remain in lawful status — free to live and work in the United States — in perpetuity.
- The bill fixes the loopholes that have been exploited by families sending unaccompanied alien children (UACs) to enter the United States illegally, and by alien parents arriving illegally in the United States with children.
- It also would prevent parents entering illegally from being separated from their children in immigration detention.
- BUT the bill also includes broad judicial review of virtually every provision . “This will give activist judges significant authority to control the implementation of the bill as a whole, and crafty lawyers the ability to tie up the implementation of the enforcement provisions indefinitely and expand the amnesty provisions, likely beyond Congress' intent.”
- The bill does not include any language requiring E-verify or limiting grants to sanctuary cities.
- Immigration and Customs Enforcement receives no additional funding – no commensurate technological improvements; no enhanced new authorities; no new detention facilities; and no new human resources.
- The exit system, which has been mandated multiple times by Congress, “will be significantly underfunded from the start, and probably suffer even further from prioritization of the border barrier and improvements above all things. The near certain result will be that the biometric exit system will itself remain one of those 'unfunded mandates.' "
PROPOSED LEGISLATION FOR DACA ALIENS SPURS STAMPEDE
“Separation of alien families” is an emotional artifice concocted by globalists.
June 19, 2018
President Trump made border security and the effective enforcement of our nation’s immigration laws the centerpiece of his successful campaign for the presidency.
This has enraged globalist politicians from both political parties who see in America’s borders impediments to their wealth and the wealth of their campaign contributors.
Prior administrations have refused to take immigration law enforcement seriously and our nation has, as a direct consequence, paid one hell of a price.
The 9/11 Commission made it clear, the terror attacks of September 11, 2001 were made possible by multiple failures of the immigration system that enabled the terrorists to enter the United States and embed themselves.
It is perhaps obvious to state that terrorists cannot plan and carry out attacks in the United States if they are unable to enter the country. Yet prior to September 11, while there were efforts to enhance border security, no agency of the U.S. government thought of border security as a tool in the counterterrorism arsenal. Indeed, even after 19 hijackers demonstrated the relative ease of obtaining a U.S. visa and gaining admission into the United States, border security still is not considered a cornerstone of national security policy. We believe, for reasons we discuss in the following pages, that it must be made one.
That report went on to note:
Once terrorists had entered the United States, their next challenge was to find a way to remain here. Their primary method was immigration fraud. For example, Yousef and Ajaj concocted bogus political asylum stories when they arrived in the United States. Mahmoud Abouhalima, involved in both the World Trade Center and landmarks plots, received temporary residence under the Seasonal Agricultural Workers (SAW) program, after falsely claiming that he picked beans in Florida.
In the years since the attacks of 9/11 other terror attacks were carried out by international terrorists who also exploited vulnerabilities in the immigration system, killing still more innocent victims.
Some of the terrorists had actually been able to acquire political asylum, lawful immigrant status and even United States citizenship, proving the the entire immigration system lacked integrity.
Today our politicians, from both the Democratic and Republican parties, aided by the mainstream media have constructed irresistible incentives for millions of illegal aliens to head for the U.S. border, by whatever means possible.
The biggest incentive for this stampede is the promise of a massive amnesty program under the guise of proposed legislation to legalize unknown millions of aliens who supposedly would have qualified under Obama’s DACA (Deferred Action - Childhood Arrivals) program.
No interviews or field investigations could be conducted with such humongous numbers of applications filed creating an invitation to fraud the 9/11 Commission warned about.
I provided a historical perspective on how DACA came to be in my recent article, DACA: The Immigration Trojan Horse in which I explained that DACA had its origins in two failed legislative efforts, Comprehensive Immigration Reform and then the DREAM Act, to provide up to 90% of the entire illegal alien population of the United States with lawful status.
My recent article DACA: Trump and Congress Must Look Before They Leap explained how there would be no way of knowing how many illegal aliens might apply to participate in the DACA amnesty that is an integral part of the various immigration bills being proposed by the House of Representatives.
Aliens trespassing into the United States poses a serious threat to national security and public safety yet while Mr. Schumer has proposed making trespassing on landmarks or critical infrastructure a federal crime with a five year jail sentence to deter this dangerous criminal conduct, he refuses to take the necessary measures to prevent aliens from entering the United States illegally by trespassing and/or violating our immigration laws within the United States.
Attorney General Jeff Sessions “Zero tolerance” position where illegal aliens evading the inspections along the U.S. / Mexican border has revved up the immigration anarchists.
Sessions knows that the only way to demonstrate that he is serious about this vital goal is to prosecute aliens who are arrested entering the United States without inspection. This is important to not only punish aliens who violate our immigration laws but to deter others who may be contemplating committing similar crimes.
Several federal laws address the crime of aliens seeking to enter the United States illegally and one statute in particular, Title 8, United States Code, Section 1326 - reentry after removal (deportation), imposes a 20 year maximum period of incarceration for aliens who illegally reenter the United States after having been deported from the United States and are deemed “aggravated felons,” that is to say aliens who are convicted of committing particularly serious crimes.
I am particularly familiar with this statute, I worked with then Senator Al D’Amato in the 1980’s to create this section of law.
When people are prosecuted they are arrested and frequently held in custody or permitted to post bail to guarantee their appearance in court when required and ultimately, of course, to stand trial unless they plead guilty to the crimes with which they are charged.
Generally bail is determined by risk of flight of the defendant and may also involve potential threat to community safety.
Every day American citizens are arrested in the United States by local and state police and by a wide array of federal law enforcement agencies for committing a wide spectrum of crimes and violations of law, including administrative laws.
Many of these suspects have children yet they are led away in handcuffs and may find themselves serving long prison sentences for their crimes, separated from their children.
Yet little if anything is ever reported in the media about these tens of thousands of incarcerated American citizens who have been sentenced to lengthy prison sentences and separated from their children.
Now that the Trump administration has taken the long-overdue action to attempt to discourage massive illegal immigration, politicians from both sides of the aisle, supposed journalists and members of the clergy, thumping their bibles, are outraged because illegal aliens are being arrested and prosecuted for their crimes- crimes that had for far too long, gone unpunished by previous administrations.
The U.S./Mexican border is a dangerous place. Many people die attempting to cross into the United States through the desert where high temperatures, a lack of water, poisonous insects and snakes and violent gangs and drug smugglers all pose severe threat to the lives of the aliens.
Children are particularly vulnerable to these extremely adverse and life-threatening conditions.
There are numerous laws on the books that punish those who endanger others, particularly when those who are endangered are children. To provide a specific example, let’s consider a New York State law known as the Child Passenger Protection Act, also known as Leandra’s Law, that has been on the books since Dec. 18, 2009. and is explained in a press release.
According to the press release, 36 states have passed similar laws that provide for strict penalties when a drunk drive causes the death or serious injury of a child. Under Leandra’s law a drunk driver may be sentenced to up to 15 years in prison if he/she causes the serious injury of a child under 16 years of age and up to 25 years in prison if the accident causes the death of a child.
A parent who causes the serious injury of his child may be separated from that child and other children by spending up to 15 years behind bars. Would anyone dare suggest that such an individual not be incarcerated after committing such a crime?
What choice does the Trump administration have?
To not end lawlessness on the Mexican border endangers national security and public safety. This can only happen by strict enforcement of our laws. As I noted during one of my early appearances as an expert witness at a congressional hearing, it has been said that you only get one opportunity to make a first impression. For millions of people around the world the first set of laws they encounter are our immigration laws. When we demonstrate an unwillingness to secure our borders and enforce our laws we send the very dangerous message that violations of our laws will not only go unpunished but rewarded.
To not prosecute and incarcerate aliens who seek to enter the United States with children would just encourage more aliens to endanger their children by seeing in that child a “Get out of jail card.”
The message would be clear and utterly insane, either enter the United States with a visa or bring a child with you if you are ineligible to enter legally.
Here is the message that must be sent to all aspiring illegal aliens:
A child is not a substitute for a visa!
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