Solving the Surge Isn’t Hard – But Only if Obama Acts

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President_Barack_Obama_speaks_during_a_Veterans_Day_ceremony_at_Arlington_National_Cemetery_in_Arlington,_Va.,_Nov._11,_2013_131111-D-BW835-1100The current surge of unaccompanied illegal alien minors does indeed put children at risk, and as such, “humanitarian crisis” applies.  But given that the chaos has been created by an administration that refuses to enforce the laws as Congress intended, it is also a “constitutional crisis,” although its continuation is not inevitable.  Several simple steps can be taken to slow the flow, if not stop illegal entry altogether.

Expand Texas border fence. The Texas-Mexico border makes up 1,254 miles of the total 1,900-mile-long U.S.-Mexico border. Therefore, if only 315 miles of Texas fencing is built, 75% of the Texas border is (de)fenceless, albeit the Rio Grande River provides somewhat of an obstacle.

Deploy National Guard. The Guard has successfully provided border surveillance and intelligence-gathering support in the past. While they don’t conduct immigration enforcement, their presence is intimidating to people coming across who shouldn’t be and they help free up the Border Patrol to carry out its mission more effectively.  The Guard is a force multiplier and their deployment is a reasonable and necessary component of border security, especially now.

Establish expedited processing centers.  Illegal aliens from Central America, unlike illegal aliens from Mexico, cannot by law be immediately turned back. They must be placed in formal removal proceedings.  The Obama Administration could, if it really wanted to, convert an existing military base into a hearing location on or near the border, staff it quickly with judges and support staff, expedite the process and initiate rapid returns.  Instead, the administration is focused on expanding detention facilities and working with advocacy groups to locate pro bono counsel for the illegal aliens with the end goal of ensuring their permanent stay in the U.S.

Cut off aid to Honduras, Central Americaunless they discourage migration north and accept returns.  Instead, the Obama administration is adding $255 million on top of existing aid to discourage trafficking.  Ironically, that money will most likely wind up in the hands of the very cartels and gangs that facilitate the smuggling of illegal aliens north. This week, Rep. Candice Miller (R-MI) suggested as much, even urging the U.S. to repeal the North American and Central Free Trade Agreements (NAFTA and CAFTA) until Mexico and other Central American countries reestablish order and take aggressive steps to stop illegal migration to the U.S.

Declare for the international audience that America will enforce its immigration laws. Sending Vice President Joe Biden to Central America to advise its citizens that if they enter the U.S. illegally they’ll be turned back is a positive step.  Unfortunately, Biden simultaneously revealed exactly how to exploit asylum claims and assure illegal aliens a permanent stay, thereby sending a useless mixed message…and one might speculate a deliberate one.  President Obama must forcefully articulate on a televised address that illegal aliens will be removed, all laws as Congress wrote will be enforced, and amnesty is off the table now and in the future.   And if he does not, Congress must reassert its authority to compel him to do so.

In the absence of that, the problem will continue.  If America does not care about its laws, why should illegal aliens be interested in obeying them?

 

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About Author

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Bob Dane, the Federation for American Immigration Reform (FAIR)'s Executive Director, has been with FAIR since 2006. His deep belief is that immigration is the most transformational determinant of where we are heading as a nation and that our policies must be reformed in the public interest. Over many years on thousands of radio, TV and print interviews, Bob has made the case that unless immigration is regulated and sensibly reduced, it will be difficult for America to reduce unemployment, increase wages, improve health care and education and heighten national security. Prior to joining FAIR, Bob spent twenty years in network radio, marketing and communications after an earlier career in policy and budgeting within the Reagan Administration. Bob has a degree from George Mason University in Public Administration and Management.

31 Comments

  1. avatar

    It’s the mixed messages that are escalating the problem. The immigration system is failing and reform is necessary. It’s just a matter of both sides coming to an agreement which unfortunately doesn’t seem to be happening.

  2. avatar

    I think The so callePres is gone wacky!! He needs to be impeached so we can save our country!! Are Americans have worked so hard lots of years to have a better live and he is bringing in the illegals, we do not need yhis mess!! We need to get rid of the Democrats senr them to Mexico!!

  3. avatar

    The solutions by FAIR are excellent. Not certain about the wall tho.’ We are still waiting for it to be finished from the Bush Administration. It was a very slow process and never finished. Unless it is monitored to be completed -it may never be. I agree with Rep., Miller -end NAFTA and CAFTA. I truly think that we need dire tax reform. I read today that 60% of tax preparers do not have any certifications to file taxes. And yet, when IRS set up a program to certify tax preparers, who had to take a test to prepare taxes, Congress sued IRS and said they could not require tax preparers to be certified (by the IRS). 62,000 tax preparers past the test and then it was dropped. In the mean time, tax offices pop up on every corner, every year and many file fraudulent tax returns. 4 plus billion dollars was lost this year to fraud and this was only for the EITC. This does not include the massive other credits.
    In 1999, a book called the Great American Tax Dodge came out and part of this book discussed the weakness of this tax law. 15 years later, it is still ignored and seems to have gotten progressively worse.

  4. avatar

    Also need to:
    1. Distinguish between unaccompanied and accompanied minors. Our laws (TVPRA, HSA) allow accompanied minors to be held in detention facilities and placed into expedited removal proceedings along with the accompanying adults. If DHS is not doing that now, they should start doing so immediately.
    2. Instead of giving unaccompanied minors a free ride to their destination, essentially aiding and abetting their unlawful entry and completing the smuggling operation often started by criminal gangs south of the border, their parents or other identified contacts in the US should be arrested if here illegally, reunited with the minors in detention facilities within 72 hours of the minors’ arrest, and placed into removal proceedings while remaining in custody.
    3. The vast majority of asylum claims being lodged by unaccompanied minors from Central America are obviously without merit, as children in those countries do not have a credible fear of persecution on account of their race, religion, nationality, social group membership, or political opinion. Thus, their asylum claims should be quickly processed, within 72 hours, and, once denied, the minors should be removed immediately.
    4. Unaccompanied minors should not be provided legal representation at government expense, as DOJ has announced it will start doing through its new Justice AmericaCorps program. Such funding would clearly violate 8 USC 1229a. If DOJ goes ahead with this program, which makes as much sense as you paying a lawyer to defend someone who burglarized your home, Congress (if not a group of us taxpayers) should sue to get an injunction.

    • avatar

      An additional point: TVPRA did not amend 8 USC 1225. Therefore, the law regarding expedited removal established in that statute is still in effect, including, for example, mandatory detention of all aliens undergoing a credible fear determination in an expedited removal proceeding. Similarly, 8 CFR 235.3, the regulation that implements expedited removal, is still in effect and consistent with the statute. The designation of the class of aliens subject to expedited removal, which is found in 8 FR 48877, likewise does not exempt unaccompanied minors or aliens from non-contiguous countries. Therefore, expedited removal should be applied to the unaccompanied minors as well as the accompanied minors flooding our southern border. There is an apparent contradiction between the mandatory detention requirement in 8 USC 1225 and TVPRA to the extent that an alien’s expedited removal is not completed within 72 hours when the alien is an unaccompanied minor from a non-contiguous country. This conflict can be averted if DHS makes a negative credible fear determination and removes such an alien within 72 hours. Unfortunately, DHS currently considers a credible fear determination “timely” if it is made within 14 days, and has been making negative credible fear determinations only about 13% of the time. (So far in FY 2014, there have been 16,467 positive and only 2,374 negative credible fear determinations.) Thus, DHS should: (a) alter its processes and prioritize its existing resources to complete credible fear determinations and expedited removals in less than 72 hours whenever the alien is an unaccompanied minor from a non-contiguous country; (b) for those not completed in 72 hours, invoke the mandatory detention clause in 8 USC 1225 and the clause in TVPRA Section 235 that allows DHS to maintain custody of the minor for more than 72 hours in “exceptional circumstances”; and (c) provide common-sense guidance on the interpretation of “credible fear” to USCIS and EOIR so that they do not make unwarranted positive determinations as they obviously are currently.

      • avatar

        Correction: Buried within TVPRA (in Section 235) is a clause that requires unaccompanied minors from non-contiguous countries to undergo formal (vs. expedited) removal proceedings. Therefore, DHS must place them in proceedings that obviously take more than 72 hours to complete. However, DHS can and should still invoke the clause in TVPRA Section 235 that allows it to maintain custody of such minors for more than 72 hours in “exceptional circumstances,” and the Obama administration definitely must restore some semblance of rationality and proper application of the law to its interpretation of “credible fear.” Furthermore, DHS should cancel the memo dated 12/8/09, from former ICE Director Morton, that has encouraged the release (“parole”) of most arriving aliens determined to have such a fear during an expedited removal proceeding, by simply declaring their detention per 8 USC 1225 not in the public interest – a flagrant abuse of the the parole power and perhaps the reason why apparently thousands of families that have entered illegally are being released into the interior instead of being detained until their expedited removal proceeding is complete. It should also start complying with 8 CFR 212.5(b), which prohibits the parole of any alien who presents “a risk of absconding.” Given the data showing that many if not most of them are failing to appear for their court proceedings and removal, they obviously present “a” risk of absconding, and therefore they fail to qualify for parole even by the loose standard of the Morton memo. Of course, DHS should also immediately cancel all of the other prosecutorial discretion memos issued by Morton, as well as the memo issued by former DHS Secretary Napolitano establishing DACA, which cumulatively have had the explicitly intended effect of preventing the deportation of most illegal aliens encountered by ICE, thereby having the completely predictable follow-on effect of encouraging the current wave of illegal entries and frivolous asylum claims.

  5. avatar

    To keep illegal immigrants from coming to our Country we must stop providing free services, and severely penalize companies that hire them. It would be great to have our States’ National Guards protecting our own U.S Borders, instead of sending them overseas. Though completing The Border Fence would be a deterrent, it doesn’t stop illegal aliens from going over or under it. That’s already been proven. Then there are those underground tunnels from Mexico to the U.S. that continue to be in use. There are now illegal alien boating services out there, to assist those wishing to cross the river to the U.S. As the American middle class goes bankrupt, and our Middle Class jobs are given away, transporting illegal aliens to U.S. may be the only job available.

  6. avatar

    Enforce illegal hiring laws. Put employers in jail. Most of the illegals will self deport. This is so obvious.

    This problem really start when Reagan quit putting employers in jail for hiring illegals. Got much worse when Clinton doubled down and gave anybody a Federal Tax number. Bush said he will give them SS benefits if they worked just 2 years in this country. THEY ARE ALL AT FAULT!!!!.

    PUT EMPLOYERS IN JAIL NOW!!!!!!!!!!!!!

  7. avatar

    i say deport obummer he is the cause of all these problems this guy dont like america he is a commie bent on destroying this country and all that we as americans stand for de port this bum we need a real american president peroid.

  8. avatar

    Illegals have discovered a new way to gain entry into the United States. Simply crash the fence with overwhelming numbers and 90% of them will make it through. Any perception of success will encourage the next wave 4 or 5 times larger. Pelosie is currently making a trip to the holding centers to welcome the new immigrants which is sending entirely the wrong message.

    • avatar
      arnlof sweigeir on

      And u still believe we do not need immigration reform?……..think again if u r indeed able to…..

  9. avatar

    The only way to stop this insanity is to put the President on notice by at least initiating impeachment proceedings, even if it’s just a motion in the House Judiciary Committee or a non-binding resolution. Unfortunately, the media is steadily eroding the credibility of conservatives (mainly Tea Party-leaning Republicans) by branding them as racists and RINOs don’t have the stones to stand up and say “Enough is enough!”

  10. avatar

    you say “The administration is currently encouraging illegal minor trafficking through words and inaction, “…really?…you have a very twisted way to perceive reality….yo must be a Republican…..and and old fellow…..due to the GOP we got into a 2.3 T dollar Irak War……next 40 billion to stop the gov……the ME….etc….now immigration reform…etc …people like you are destroying this country……

  11. avatar
    arnlof sweigeir on

    Too late the GOP ruined Obama’s 2nd term as well as the well being of our country……they r the solely authors to international amnesty propaganda……….

    • avatar

      And you are an idiot with your head up your a$$. Your pos President has created this crisis by not enforcing our laws. He is on the verge of creating a civil war in our country. We will NOT stand back and let him over run our country with illegals. Change is coming and he is not going to like it. Go back where you came from or educate your self. This is not a partisan issue, it is an issue of National security and we must act now before blood is shed.

    • avatar

      The “well being of our country”? Maybe you can explain how adding millions of guest workers to an economy that doesn’t have enough jobs for our citizens is a good thing. Our how tripling legal immigration into a population that is already growing by thirty million per decade is a good thing. The administration backed “reform” bill does both those things.

    • avatar

      It is this misguided mentality that is ruining the country. If you and Obama hate this country so much, as to put out the welcome sign for one and all criminals, Yes, illegals are criminals, just like Obama and most Democrats, you all should leave and return to your country of origin, I know Kenya wants Obama back..

    • avatar

      The Democrats are Immune from ThisAmnesty Anarchy, Its all the Republicans’ Fault?

      LOL….when it comes to amnesty support the Dem/Reps are two peas in a pod.

      • avatar

        The Dems/Repubs are 2 peas in a pod. The Dems are still convinced it is our country’s job to take care of every need of every “bleeding heart” in the USA. And the Repubs are asking for more Visas to import more workers – Reference the Texas Republican Platform of June 7th . Called the Texas Solution – it also asks for benefits for these workers, (including Section 8 housing.)

      • avatar
        arnlof sweigeir on

        See u got that right……..about time they fix the system and do immigration reform

  12. avatar

    The Open Border Churches Have Buses in the Southern Border States

    Since this is their humanitarian crisis, let them pay for the gas and food to bus ’em all back to their Central American parents.

    • avatar
      arnlof sweigeir on

      See now u see what I say…….more children will come……and the laws day take them in……so I hope now u agree with me that immigration reform is needed greetings gs..

  13. avatar
    Concerned Citizen on

    This humanitarian crisis makes the Democrats look weak on security and low on human rights, but they press ahead. The administration is currently encouraging illegal minor trafficking through words and inaction, then “picking up where the coyotes left off” and transporting minors to Federal government “safe houses” once minors cross the border. The kids are herded and corralled like animals.

    None of this is consistent with American values.

    • avatar

      you say “The administration is currently encouraging illegal minor trafficking through words and inaction, “…really?…you have a very twisted way to perceive reality….yo must be a Republican…..and and old fellow…..due to the GOP we got into a 2.3 T dollar Irak War……next 40 billion to stop the gov……the ME….etc….now immigration reform…etc …people like you are destroying this country…

      You values are not American they are GOP…they are yours…they are anti-American/////

    • avatar

      I am a left-leaning moderate and and I fully agree with Concerned Citizen. As for anti-American, count me in along with
      Concerned Citizens if it means having her values, instead of yours. President Bush and his “faux pas” are out of office – Get over it. Are you a “shill”, who just keeps posting your “silly” post over and over to every question. And what do you have against “old people?” Where did you come from? Did you crawl from under a “rock.”

      • avatar
        arnlof sweigeir on

        Kay he is right….GOP is OlD…….THEN U R OLD…..they do not govern for the young but themselves……so count me in with JOHN against u and unconcerned citizen…..jcjcjjcj