illegal immigration
Biden And Red States Are On Immigration Collision Course Heading For Supreme Court
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From the Daily Caller News Foundation
The Biden administration is currently waging a legal campaign against Republican-led states, arguing their laws that effectively restrict illegal immigration are unconstitutional.
The Department of Justice has so far filed lawsuits against three different states for enacting laws that largely empower police to enforce immigration rules. However, these state leaders, in the backdrop of an unprecedented border crisis, say they have no choice but to take up the issue themselves because the Biden administration won’t — and other Republican states may soon follow suit.
Texas, Iowa, and Oklahoma have all signed similar bills into law in recent months that make it a state crime to be an illegal immigrant. Texas Senate Bill 4, Iowa Senate File 2340, and Oklahoma House Bill 4156 empower their law enforcement to arrest illegal immigrants and bestow various penalties for unlawful presence in the country.
“Due to the abdication of this administration’s duty to enforce the law, states are trying to protect themselves,” Matt Crapo, a senior attorney with the Immigration Reform Law Institute, explained to the Daily Caller News Foundation. “They are trying to do so by mirroring federal law, enforcing the same type of laws if this administration was enforcing the law.”
The Biden administration, however, argues these laws are unconstitutional as they intrude on the federal government’s sole authority to enforce immigration law.
Whether or not these states can enforce their laws will likely depend on the Supreme Court. The law passed in Texas, the first of the three to take up this approach, will likely end up back into the nation’s highest court.
The Immigration Reform Law Institute, a legal organization that supports stricter immigration enforcement, filed an amicus brief in the Fifth Circuit Court of Appeals in support of Texas SB4. Crapo said his organization plans to file similar briefs supporting the Iowa and Oklahoma bills once those states file in opposition to preliminary injunctions imposed by federal courts.
IRLI argued in its Texas brief that, while SB4 “parallels” similar federal immigration offenses, the law does not interfere with the federal government’s power to decide which classes of aliens are admissible or removable.
However, not all legal experts agree the Texas law adheres to the Constitution.
“SB4 is cruel, inhumane, and clearly unconstitutional,” Kate Melloy Goettel, senior legal director at the American Immigration Council, said in March statement. “All these bills could result in significant civil rights abuses, leading to widespread arrests and deportations by state actors without key federal protections.”
“Our hope is that SB4 is ultimately blocked in court; otherwise, this sets a disastrous precedent,” Goettel continued.
Immigration experts aren’t sure how the Supreme Court will ultimately rule.
“It’s sort of an open question as to whether the Supreme Court is going to allow Texas to criminalize illegal entry into Texas,” Art Arthur of the Center for Immigration Studies said to the DCNF, noting how this case is fundamentally different than the lawsuit against a 2010 Arizona law that criminalized illegal immigration status, but was largely struck down. “Texas’ argument is ‘look, the federal government doesn’t completely occupy the field with respect to this crime because trespassing is an essential state crime and this is basically a trespassing offense.’”
Arthur noted that the Texas legislation is fundamentally different to the Iowa and Oklahoma laws, meaning potentially very different outcomes in their court challenges. Unlike Oklahoma and Iowa, Texas borders Mexico and has more standing to enforce trespassing.
“The Supreme Court’s decision in SB4 will give us a lot of idea of how much vitality these other laws have, but these other laws are distinguishable from SB4,” he said. “For that reason, if the states are serious about this, they will have to litigate it all the way up to the Supreme Court.”
Similar to what sponsors of this legislation have argued, Arthur said that the passages of these state laws are not “political stunts,” but cries for help and assertions that the Biden administration has abandoned immigration enforcement.
Federal immigration data show that illegal immigration is at historic levels.
Border Patrol agents have had more than 1,171,000 encounters with illegal immigrants this fiscal year, according to the latest data by Customs and Border Protection. Well over six million such encounters have been made since the beginning of President Joe Biden’s White House tenure.
The massive influx of illegal immigrants has been followed by high-profile crimes, such as the killing of a Georgia nursing student allegedly at the hands of a Venezuelan illegal immigrant and the attempted breach of the Quantico Marine Base in Virginia allegedly by two Jordanian nationals living unlawfully in the country. A report by a New Jersey lawmaker found that his state is shelling out over $7 billion annually to cover the costs of illegal immigrants.
For these reasons, Republican state leaders say they have no choice but to address the crisis themselves — even if the Biden administration threatens to sue them for it.
“The Biden administration refuses to do their job, so we need to do it,” Louisiana state senator Valarie Hodges said to the DCNF. Hodges is the sponsor of a bill that, if signed into law, will also make illegal immigration a state crime.
Her legislation, Senate Bill 388, makes illegal entry punishable by up to one year in prison and a $4,000 fine for the first offense, and up to two years in prison and a $10,000 fine for a second offense. The bill has already passed both chambers in the state legislature, and needs procedural approval from the state senate before heading to the governor’s desk.
Much like the governors and attorneys general of the states already sued by the Department of Justice, the state senator appeared unfazed at the prospect of a court challenge.
“When the federal government won’t do their job, what course do we have?” Hodges asked. “We’re going to collapse if we don’t do something. I believe we are within our constitutional boundaries to do this.”
“Maybe we should sue them for not doing their job,” she added.
The Department of Justice did not respond to a request for comment from the DCNF.
illegal immigration
Kamala Harris, Immigration Extremist
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From The Center for Immigration Studies
By Todd Bensman
AUSTIN, Texas — During the violent social justice upheavals of 2019-2020, Democratic primary candidate for President Sen. Kamala Harris told America exactly where she stood on illegal border immigration, no matter how she might spin it now that she is the Democratic Party’s presumptive nominee for president.
American voters should not forget the politically extreme positions she staked just a few years ago, as thousands of “Occupy ICE” hooligans were disrupting detention and deportation operations. “Abolish ICE” was the street chant as arson fires burned major cities and an AR-15-armed Antifa terrorist named Willem van Spronsen died in a fiery July 2019 attack on a Washington State ICE detention facility.
What American voters should remember about this period, now that they regard the border crisis as a top 2024 campaign issue, is that Harris went all-in with the most extreme agenda on border security in American history and has neither said nor acted once in any way contrary to those early positions, other than to tone down rhetoric while serving as vice president.
Taking Up the Extremist Cudgel
Just one week after ICE agents killed van Spronsen and found his manifesto demanding an end to corporate profiteering from private detention centers and their human suffering, Sen. Harris all but rewarded the attack with a tweet that mainstreamed the terrorist demand:
During a June 2019 televised primary debate, she reiterated that “I will get rid of the private detention centers.”
Harris was always at the forefront of Democratic primary contenders adopting the extreme immigration policy demands of a violent progressive movement high on the smoke of anti-police BLM arson, antifa attacks on Trump supporters, and Occupy ICE campfires. Indeed, Harris began messaging as her own the most fringe ideas about immigration and the border ever heard on the main American public square.
Abolish ICE. End all deportation and detention. Extend U.S. asylum access to all comers so they can stay and disappear. Grant citizenship to millions of illegal immigrants. Free healthcare to all. Stop the wall.
The van Spronsens of a border security abolitionist movement burgeoning among progressives at the time were pushing an extreme agenda driven by an ideology unchained from the Democratic Party basement to dismantle immigration enforcement as cruel and inhumane, a violation of human rights like Jim Crow laws and slavery.
They demanded the dismantling of ICE “concentration camps” full of detained latter-day Jews who this time were illegal-immigrant brown people, an end to deportation “death flights” home, the dismantling of ICE’s Nazi jack-booted brown shirts, abolition of laws deterring illegal immigration, and a southern border opened wide to anyone in the world who might feel like crossing it as an inalienable civil right.
Yes on “Abolish ICE” — and Immigration Law Enforcement with It
Harris went full throttle with the narrative that ICE agents she may one day lead were indeed the racist thugs everyone was saying they were.
“Certain communities saw ICE as comparable to the Ku Klux Klan for administering its power in a way that is causing fear and intimidation, particularly among immigrants and specifically among immigrants coming from Mexico and Central America,” Harris accused during a Senate confirmation hearing of Trump’s nominee to lead ICE, Ronald Vitiello.
Then-Sen. Harris responded on MSNBC in 2019 to a question about abolishing ICE that the United States should “probably think about starting from scratch” on enforcing immigration laws, while a spokesperson for Harris said the senator was weighing “a complete overhaul of the agency, mission, culture, operations”.
None of this could be said to be opportunistic at the time, either. In 2015, while serving as California’s Attorney General, Harris told the CBS affiliate in Los Angeles that “An undocumented immigrant is not a criminal. I know what a criminal looks like who’s committing a crime. An undocumented immigrant is not a criminal.”
In fact, illegally crossing the southern border is a federal misdemeanor punishable by up to six months in prison for a first offense and a felony on subsequent violations.
She was one of the candidates who raised a hand at another debate when asked if she supported decriminalizing illegal crossings and when asked if she would give free healthcare to illegal immigrants.
In a 2019 interview with National Public Radio, candidate Harris expressed a willingness as president to declare all illegal border-crossers refugees based on unconfirmable claims of political violence, even if that meant ignoring the law, despite well-known reporting that many let in on such claims disappear into the nation’s illegal immigrant population:
I disagree with any policy that would turn America’s back on people who are fleeing harm. I frankly believe that it is contrary to everything that we have symbolically and actually said we stand for. And so, I would not enforce a law that would reject people and turn them away without giving them a fair and due process to determine if we should give them asylum and refuge. (Emphasis added.)
Harris’ presidential campaign website took a page from Antifa and Black Lives Matter ideology handbooks about dismantling detention and deportation infrastructure, declaring her belief that “[W]e must fundamentally overhaul our immigration enforcement policies and practices — they are cruel and out of control.” She promised to “increase oversight” of agencies like the U.S. Border Patrol were she to be elected.
Expect claims from Harris supporters that, well, this was a primary campaign intended to appeal to the party base and she didn’t really mean any of it.
That’s not believable if Wall Street Journal reporting this week is accurate. People who have worked with Harris over the years told the Journal she only takes up a policy idea after “detailed deliberations … and has been reluctant to always endorse immediate, sweeping policy changes” before achieving full understanding.
“She really wants to understand what the data and evidence is to support a potential course of action,” Jill Habig, who worked for Harris in different roles over the years, is quoted saying. “She really wants to understand not just the idea in theory, but how it’s actually going to work in practice.”
Toning Down in High Office in Favor of Denialism and Gaslighting
Harris went on the down-low about her policy views after becoming vice president, but repeatedly denied a mass migration crisis was underway at the southern border, refusing to visit there, and, when she finally did under pressure, staying indoors in controlled environments with the television cameras.
When Florida Gov. Ron DeSantis sent some illegal immigrants to Martha’s Vineyard to make a political point in September 2022, Harris was quoted insisting the administration’s policies had “closed” the border when, in fact, hundreds of thousands had just crossed.
Local TV quoted one of the Martha’s Vineyard immigrants refuting the vice president’s absurd claim. “It’s open, not closed. The border is open,” the gentleman responded in English when asked about Harris’ claim that it was closed. “Everybody believes the border is open. It’s open because … we entered! We come in. Free. No problem.”
As vice president, Harris has regularly blamed “root causes” and “climate change” for the vast influx that began right after she and Biden took office and implemented an extreme vision straight from the burning streets of blue cities. Immigration was all so very “complex”, Harris explained during a state visit to Central America to get the strategy up and running.
During an April 2021 roundtable discussion Harris said:
We are looking at extensive storm damage because of extreme climate. We’re looking at drought in an area in a region where agriculture is one of the most traditionally important bases for their economy. We’re looking at what’s happening in terms of food scarcity as a result of that and in fact, incredible food insecurity, which we used to call hunger, food insecurity.
Whatever the Democratic Party nominee might float about her plans for border security over the next four months, Americans concerned about what she and Biden have done at the border should know that, in her case, past definitely is prologue.
illegal immigration
New Central American President Following Through On Pledge To Cut Illegal Migration To US
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From the Daily Caller News Foundation
The Panamanian government is touting progress on efforts to reduce illegal migration through the Darien Gap, a dense jungle region that has long served as a gateway point for South American migrants making their way to the United States.
The National Border Service, Panama’s version of the U.S. Border Patrol, reported that 11,363 migrants had crossed into the country from Colombia since July 1, when President Jose Raul Mulino first entered office, according to The Associated Press. That number marks roughly 9,000 fewer crossings compared to the same time period last year.
Jorge Gobea, the National Border Service’s director general, credited the downturn in migration numbers to the construction of around three miles of barbed wire on five different trails frequently used by migrants passing through the Darien Gap, according to the AP. Gobea also pointed to the Panama government’s declaration of upcoming deportation plans and heavy rains as the reasons for the drop off in migration numbers.
The early data comes as good news for Mulino, who was elected earlier this year on a pledge to reduce illegal immigration through his country and immediately set out on a plan
Mulino won Panama’s presidential election, beating his closest rival by nearly ten percentage points, riding a wave of voter discontent over the nation’s sluggish economic growth and an endorsement from the still-popular former president. The 65-year-old lawyer also campaigned on a pledge to crack down on the illegal immigration that runs through the Darien Gap.
The Darien Gap — a vast jungle region that stretches between Colombia and southern Panama — has proven to be a paramount transit area for illegal migrants headed for the U.S.-Mexico border. Over half a million migrants crossed the Darien Gap on their northward journey to the U.S. in 2023, according to the Council on Foreign Relations.
Over 212,000 migrants entered Panama after crossing through the Darien Gap so far this year, according to the AP. The vast majority of them have been Venezuelan nationals, while others include Colombians, Ecuadorians and Chinese, among other foreign nationals.
“The border of the United States, instead of being in Texas, moved to Panama,” the then-candidate said on the campaign trail. “We’re going to close the Darien and we’re going to repatriate all these people.”
Mulino’s position on illegal immigration marks a major shift from the previous administration, which largely sought to assist migrants journey to the Costa Rican border, in lieu of blocking them and returning them to their home country.
On July 1, the day Mulino was sworn into office, his government signed a deal with the Biden administration aiming to control the level of migration.
The Memorandum of Understanding between the two governments calls for a deployment of American screening officers to assist Panama officials to deport migrants crossing the Darien Gap, according to the plan. Department of Homeland Security (DHS) officials with asylum screening experience will be deployed to Panama to help their government process migrants, and the U.S. will provide funds to beef up the country’s deportation capabilities.
While the migration through the Darien Gap still remains close to what was witnessed last year, U.S. officials have yet to fully implement their bilateral agreement, leaving room for more progress moving forward.
Efforts to control the migration routes running through the Darien Gap would have a major impact on U.S. immigration enforcement officials, who continue to deal with the ongoing border crisis. More than 7 million migrants have crossed the U.S.-Mexico border illegally since President Joe Biden entered office, according to the latest data from Customs and Border Protection.
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