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I wrote most of this in a thread that Hamster Buddha has in the Breaking News forum about whether Obama should go down to the border, but realized I may inadvertently derail his thread with all this, so I'm putting it here so if anyone wants to discuss this part of the issue we can.
I've done some research over the last couple years about our immigration problem.
I kept hearing one side say "we need Comprehensive Immigration Reform" and the other side say "just enforce the laws that are already on the books and that will take care of it."
Well, I have found, that they're both correct, and they're both wrong. I know... Imagine that.
Here's the deal. We do, in fact, already have most, if not all, of the laws we need already enacted by Congress. But (yeah, there's a but), we also have laws that need to be changed or repealed, and that's where the term Comprehensive Reform comes in for me.
Here are my first five steps. I would like for others to either add, delete or change as you see fit. Please link to examples or to current laws, as I have done.
The first thing Obama should be doing, is getting Congress to change the law that gives people from Central American countries, and other countries other than Mexico, the right to petition for refugee status. Congress passed that law in 2008 as a humanitarian action to stem sex trafficking of kids and other trafficking of people, which is laudable, but is having serious unintended consequences. That law is the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008. He has already started this, but he's not pushing Congress as hard as he should because he's getting friction from his own party. This is part of the Comprehensive Reform, if you want to call it that.
Second, he needs to rescind his statements that kids that get here or are here can stay here - the DREAM Act rhetoric has lead a lot of people in other countries to think if they can just get their kids here, they can stay, which isn't true, but they think it is. In the same vein, he needs to rescind his EO regarding Deferred Action for Childhood Arrivals (“DACA”) which he signed in 2012, as part of his implementation of the DREAM Act, which by the way, isn't even a law. The President cannot write law - only Congress can do that.
Thirdly, he needs to start enforcing the laws that are already on the books, like the Immigration Reform and Control Act of 1986 (IRCA), which already gives him the authority to prosecute companies that employ illegals and requires all employers to do what is now available through e-Verify. If we stop the jobs, there's no reason for them to stay. This is a big talking point for the Democrats, and others, that they say needs to be done... but it's already the law. So enforce it.
Fourth, he needs to take executive action to streamline the Immigration Court System, which is actually not part of the Judicial Branch and is completely under his control as part of the US Justice Department. The current laws, except for the one I listed in the "first thing" paragraph, give him the authority to do so, so except for the kids, he can speed this up. You see? He has the power to write EO's within the Executive Branch as long as they stay within the law already on the books. He obviously has no problem writing EO's. He should have absolutely no problem with this one, and guess what, neither would the Republicans.
Fifth, he needs to get Congress to give him the money to do it, and accept strict Congressional oversight of the operation as allowed by the Constitution. He's already asked for $3.7 billion, but I don't think that's enough. According to USA Today, of that amount, "$1.8 billion, would go to the U.S. Health and Human Services Department to provide appropriate care for the children while in U.S. custody. $1.1 billion would go to the U.S. Homeland Security Department to pay for transporting the children, expanding investigations of immigrant smugglers and pay for the detention and removal of undocumented adults traveling with children. $433 million would go toward stepping up border enforcement, including an increase in air surveillance. The U.S. Justice Department would receive $64 million to hire about 40 additional immigration judges to reduce the backlog of cases that is slowing the process of deportation. $300 million would go to the State Department to pay for repatriating and reintegrating migrants back into their home countries and help the governments in the region better control their borders." Why is it not enough? Well, as one major point, only hiring 40 new judges will not even put a dent in 290,000 individuals cases. Another reason it isn't enough, is that $2.9 Billion of the 3.7 is for keeping the people here - and only $300 Million is for deportation, repatriation and reintegration of the kids back to their home countries - that's only 12% of the total which makes me ask, what's the priority here?
So, that's my first five actions that I feel need to be taken.
And, so far, nowhere have I mentioned Amnesty, although I would accept a reasonable look at legalizing residency without guaranteed citizenship with them paying a fine if they want to stay and going to the very back of the line if they want to go through the process to become a citizen.
What do you think?
I've done some research over the last couple years about our immigration problem.
I kept hearing one side say "we need Comprehensive Immigration Reform" and the other side say "just enforce the laws that are already on the books and that will take care of it."
Well, I have found, that they're both correct, and they're both wrong. I know... Imagine that.
Here's the deal. We do, in fact, already have most, if not all, of the laws we need already enacted by Congress. But (yeah, there's a but), we also have laws that need to be changed or repealed, and that's where the term Comprehensive Reform comes in for me.
Here are my first five steps. I would like for others to either add, delete or change as you see fit. Please link to examples or to current laws, as I have done.
The first thing Obama should be doing, is getting Congress to change the law that gives people from Central American countries, and other countries other than Mexico, the right to petition for refugee status. Congress passed that law in 2008 as a humanitarian action to stem sex trafficking of kids and other trafficking of people, which is laudable, but is having serious unintended consequences. That law is the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008. He has already started this, but he's not pushing Congress as hard as he should because he's getting friction from his own party. This is part of the Comprehensive Reform, if you want to call it that.
Second, he needs to rescind his statements that kids that get here or are here can stay here - the DREAM Act rhetoric has lead a lot of people in other countries to think if they can just get their kids here, they can stay, which isn't true, but they think it is. In the same vein, he needs to rescind his EO regarding Deferred Action for Childhood Arrivals (“DACA”) which he signed in 2012, as part of his implementation of the DREAM Act, which by the way, isn't even a law. The President cannot write law - only Congress can do that.
Thirdly, he needs to start enforcing the laws that are already on the books, like the Immigration Reform and Control Act of 1986 (IRCA), which already gives him the authority to prosecute companies that employ illegals and requires all employers to do what is now available through e-Verify. If we stop the jobs, there's no reason for them to stay. This is a big talking point for the Democrats, and others, that they say needs to be done... but it's already the law. So enforce it.
Fourth, he needs to take executive action to streamline the Immigration Court System, which is actually not part of the Judicial Branch and is completely under his control as part of the US Justice Department. The current laws, except for the one I listed in the "first thing" paragraph, give him the authority to do so, so except for the kids, he can speed this up. You see? He has the power to write EO's within the Executive Branch as long as they stay within the law already on the books. He obviously has no problem writing EO's. He should have absolutely no problem with this one, and guess what, neither would the Republicans.
Fifth, he needs to get Congress to give him the money to do it, and accept strict Congressional oversight of the operation as allowed by the Constitution. He's already asked for $3.7 billion, but I don't think that's enough. According to USA Today, of that amount, "$1.8 billion, would go to the U.S. Health and Human Services Department to provide appropriate care for the children while in U.S. custody. $1.1 billion would go to the U.S. Homeland Security Department to pay for transporting the children, expanding investigations of immigrant smugglers and pay for the detention and removal of undocumented adults traveling with children. $433 million would go toward stepping up border enforcement, including an increase in air surveillance. The U.S. Justice Department would receive $64 million to hire about 40 additional immigration judges to reduce the backlog of cases that is slowing the process of deportation. $300 million would go to the State Department to pay for repatriating and reintegrating migrants back into their home countries and help the governments in the region better control their borders." Why is it not enough? Well, as one major point, only hiring 40 new judges will not even put a dent in 290,000 individuals cases. Another reason it isn't enough, is that $2.9 Billion of the 3.7 is for keeping the people here - and only $300 Million is for deportation, repatriation and reintegration of the kids back to their home countries - that's only 12% of the total which makes me ask, what's the priority here?
So, that's my first five actions that I feel need to be taken.
And, so far, nowhere have I mentioned Amnesty, although I would accept a reasonable look at legalizing residency without guaranteed citizenship with them paying a fine if they want to stay and going to the very back of the line if they want to go through the process to become a citizen.
What do you think?
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