A couple of days ago, I got into a Facebook discussion with someone about illegal immigration. We found ourselves on opposite sides of a debate. The person asked for my solution. I offered my thoughts, to which he responded, and I counter-responded. I have blended this debate into what I hope is a comprehensive summary of my views. By the way, he began the discussion by specifically asking for a constitutional solution.
My solution is entirely constitutional – I would never consider any other response to this problem – and it is so simple I don't know why it isn't obvious to everyone. All immigrants – which include my father, who emigrated from the Netherlands in the early 1950s, and my mother's parents, who immigrated in the 1910s – came to the USA for a better life. Mostly, that means better economic opportunities. If we deny illegal immigrants the benefits of the American dream, I think you'll see an exodus across the Rio Grande the like of which has not been seen since Moses led the Israelites across the Red Sea.
That's the grand sweep, here are the details:
(1) The federal government has the authority to deny the States permission to give a driver license to an illegal alien. The feds can also deny the states and any business the privilege of to accepting any IDs for foreign nationals other than a US-issued green card. In short, deny illegals any form of ID.
(2) Require proof of citizenship or legal residency (a) for a driver license or other state-issued ID, (b) when registering children for school (incl. colleges), (c) when applying for a job or unemployment or welfare benefits. In short, install E-Verify as a system (run by the States or a private foundation owned and operated by the States – not by the feds!).
Response: Where is this authority in the Constitution? Where does the federal government have any power to regulate state drivers' licenses or intrastate commerce or education?
I do not believe the federal government can regulate state driver licenses, education, or anything else. They can regulate foreigners – what foreigners do, what documents foreign nationals use, anything! Everything a foreign national does with respect to federal, state or local governments is, by definition, a foreign relations or diplomatic function and, therefore, under the authority of the federal government — review Holmes v. Jennison 14 Pet (39 US) 540 (1840) for details. Such a law could be very short:
My solution is entirely constitutional – I would never consider any other response to this problem – and it is so simple I don't know why it isn't obvious to everyone. All immigrants – which include my father, who emigrated from the Netherlands in the early 1950s, and my mother's parents, who immigrated in the 1910s – came to the USA for a better life. Mostly, that means better economic opportunities. If we deny illegal immigrants the benefits of the American dream, I think you'll see an exodus across the Rio Grande the like of which has not been seen since Moses led the Israelites across the Red Sea.
That's the grand sweep, here are the details:
(1) The federal government has the authority to deny the States permission to give a driver license to an illegal alien. The feds can also deny the states and any business the privilege of to accepting any IDs for foreign nationals other than a US-issued green card. In short, deny illegals any form of ID.
(2) Require proof of citizenship or legal residency (a) for a driver license or other state-issued ID, (b) when registering children for school (incl. colleges), (c) when applying for a job or unemployment or welfare benefits. In short, install E-Verify as a system (run by the States or a private foundation owned and operated by the States – not by the feds!).
Response: Where is this authority in the Constitution? Where does the federal government have any power to regulate state drivers' licenses or intrastate commerce or education?
I do not believe the federal government can regulate state driver licenses, education, or anything else. They can regulate foreigners – what foreigners do, what documents foreign nationals use, anything! Everything a foreign national does with respect to federal, state or local governments is, by definition, a foreign relations or diplomatic function and, therefore, under the authority of the federal government — review Holmes v. Jennison 14 Pet (39 US) 540 (1840) for details. Such a law could be very short:
"No person who is not a citizen of these United States shall use any document for identification purposes except (a) a passport issued by a government recognized by the government of these United States that bears a valid visa issued by the Department of State or (b) a resident alien identification card (commonly known as a 'green card') issued by the Department of State."
No visa? No green card? No way!
(3) Build the damn fence. Put a brigade of soldiers or marines on the border. If a Mexican Army unit crosses the border, blow them to hell.
Response: Do you want to keep good hardworking people out of this country?
If they want to start their American experience by breaking our laws, yes! (Why is this so hard to understand?)
(4) The whole "anchor-baby" concept is a lie foisted on us by one footnote written by one liberal Supreme Court justice, William J. Brennan, in 1982. [Ann Coulter has a brilliant, definitive article on this.] When a child is born, the hospital or attending gives them a certificate of live birth on the spot. When the citizen parent presents him/herself at the County Clerk with that COLB and proof of parental citizenship, the Clerk then issues a Certificate of Birth and Citizenship.
[There was no response, so I assume we are in agreement on this point. By the way, I understand this is an added hassle for the parents. Don't blame me; blame the illegal aliens – if it wasn't for them, we wouldn't even be having this discussion. It's their fault!]
(5) When a business is found to be employing illegals, that business gets shut down for 1 day for each illegal that worked during any given pay period. In other words, if you're on a two-week pay cycle and employ 7 illegals for 1 day, you're out of business for a week – shop, office, sales force, website, everything. Businesses employ illegals because they cost less money, so, we raise the price.
Response: Why do businesses need to enforce the law?
Businesses do not need to enforce the law; they do need to comply with the law, and the law says you cannot employ a person who is not a US citizen or a legal resident alien with a work visa.
(6) When state or municipal officials violate federal law by creating sanctuary cities, yank their federal funding and arrest the officials for conspiracy to violate federal law.
Response: Interesting, but I disagree.
You agree then, that cities and states should choose which federal laws they obey? Should I conclude that you think the constitutionally-mandated oath to support the Constitution be made voluntary? You think the Founders wrote the "supremacy clause" of the Constitution as a joke?
(7) When an illegal is caught committing a crime, take ID (including DNA) then deport them. When they return, deport them. When they return again, lock them up for life. Three strikes and you're not out, you're in! (And no pampering! Lifers don't need taxpayer-funded college degrees or big-screen HDTVs.)
Response: "Caught" committing a crime or convicted?
I'll give you half of this one: IDed when caught, deported when convicted.
Final thoughts:
Harsh? Hardly. I want every illegal alien to be looking over their shoulder every single day. It's what American citizens are paying their government to do. If illegals think that the USA isn't a better place than their homelands, they won't come.
Response: I would rather welcome my brothers and sisters into this country with open arms so they can have a better life. Our current policies that limit those coming into our country are ridiculous.
No, they are not ridiculous. The USA is a sovereign nation – we have the right to admit or refuse to admit anyone, at any time, for any reason. Uncontrolled immigration would mean a flood of immigrants looking for their piece of American dream. I don't blame them for wanting to come here, I blame the bureaucrats. The system is sound, it's based on good principles but, like so much of government, it is regulated and run by people, and a lot of those people really are the stereotypical government employee we have all come to know and hate.
By the way, for expressing these opinions, I was labeled a Fascist. I was accused of wanting a police state. I was accused of supporting the PATRIOT Act and other, similar things. I respond by noting that there are two sides to this debate. I also note, with deep sadness, that so many people, even many who claim to be conservative, have come down on the side of the illegal aliens and against the citizens of these United States.
Thanks for listening, tune in next week for another rant.
(3) Build the damn fence. Put a brigade of soldiers or marines on the border. If a Mexican Army unit crosses the border, blow them to hell.
Response: Do you want to keep good hardworking people out of this country?
If they want to start their American experience by breaking our laws, yes! (Why is this so hard to understand?)
(4) The whole "anchor-baby" concept is a lie foisted on us by one footnote written by one liberal Supreme Court justice, William J. Brennan, in 1982. [Ann Coulter has a brilliant, definitive article on this.] When a child is born, the hospital or attending gives them a certificate of live birth on the spot. When the citizen parent presents him/herself at the County Clerk with that COLB and proof of parental citizenship, the Clerk then issues a Certificate of Birth and Citizenship.
[There was no response, so I assume we are in agreement on this point. By the way, I understand this is an added hassle for the parents. Don't blame me; blame the illegal aliens – if it wasn't for them, we wouldn't even be having this discussion. It's their fault!]
(5) When a business is found to be employing illegals, that business gets shut down for 1 day for each illegal that worked during any given pay period. In other words, if you're on a two-week pay cycle and employ 7 illegals for 1 day, you're out of business for a week – shop, office, sales force, website, everything. Businesses employ illegals because they cost less money, so, we raise the price.
Response: Why do businesses need to enforce the law?
Businesses do not need to enforce the law; they do need to comply with the law, and the law says you cannot employ a person who is not a US citizen or a legal resident alien with a work visa.
(6) When state or municipal officials violate federal law by creating sanctuary cities, yank their federal funding and arrest the officials for conspiracy to violate federal law.
Response: Interesting, but I disagree.
You agree then, that cities and states should choose which federal laws they obey? Should I conclude that you think the constitutionally-mandated oath to support the Constitution be made voluntary? You think the Founders wrote the "supremacy clause" of the Constitution as a joke?
(7) When an illegal is caught committing a crime, take ID (including DNA) then deport them. When they return, deport them. When they return again, lock them up for life. Three strikes and you're not out, you're in! (And no pampering! Lifers don't need taxpayer-funded college degrees or big-screen HDTVs.)
Response: "Caught" committing a crime or convicted?
I'll give you half of this one: IDed when caught, deported when convicted.
Final thoughts:
Harsh? Hardly. I want every illegal alien to be looking over their shoulder every single day. It's what American citizens are paying their government to do. If illegals think that the USA isn't a better place than their homelands, they won't come.
Response: I would rather welcome my brothers and sisters into this country with open arms so they can have a better life. Our current policies that limit those coming into our country are ridiculous.
No, they are not ridiculous. The USA is a sovereign nation – we have the right to admit or refuse to admit anyone, at any time, for any reason. Uncontrolled immigration would mean a flood of immigrants looking for their piece of American dream. I don't blame them for wanting to come here, I blame the bureaucrats. The system is sound, it's based on good principles but, like so much of government, it is regulated and run by people, and a lot of those people really are the stereotypical government employee we have all come to know and hate.
By the way, for expressing these opinions, I was labeled a Fascist. I was accused of wanting a police state. I was accused of supporting the PATRIOT Act and other, similar things. I respond by noting that there are two sides to this debate. I also note, with deep sadness, that so many people, even many who claim to be conservative, have come down on the side of the illegal aliens and against the citizens of these United States.
Thanks for listening, tune in next week for another rant.
No comments:
Post a Comment