The Open Borders Cabal’s Obsession with the “Definition” of Criminal



Copyright: sakhorn38 - iStock

Copyright: sakhorn38 – iStock

The New York Times recently published a scare piece claiming that President Trump’s Executive Order on interior immigration enforcement expanded the definition of “criminal.”  It claims the order gives “immigration officers the broad authority they have been pressing for, and no longer requires them to receive a review from a supervisor before targeting individuals.”

The Times claim is utter nonsense. Pursuant to the terms of the Immigration and Nationality Act (INA), immigration officers have always had the authority to arrest immigration violators. The approval of a supervisor is not required. Only Congress can change this statute. In fact, the president has an obligation under Article II, Section 3 of the Constitution to “take care that the laws be faithfully executed” as they are written.

The Obama administration, however, implemented its “Priority Enforcement Program,” which essentially halted all meaningful immigration enforcement. In essence, President Obama directed the Department of Homeland Security to refrain from faithfully executing the immigration laws of the United States. Ever since, open borders advocates have been disingenuously implying that only illegal aliens with “serious” criminal convictions are subject to removal from the United States. But this is a deliberate attempt to mislead the public made by those who simply dislike the concept of any immigration enforcement.

All illegal aliens are removable from the United States whether they have committed other crimes or not. Despite the use of deceptive names like “undocumented immigrants,” illegal aliens are, by definition, unlawfully present in the United States and are subject to deportation solely because they lack authorization to be here. (In addition, they may be charged with the criminal offense of “Improper Entry by an Alien.”)  Noncitizens lawfully present in the United States who commit specified criminal offenses are also subject to deportation. The INA is quite clear on both of these points.

Nevertheless, the open borders lobby would have Americans believe that deporting anyone who hasn’t been convicted of an egregious criminal offense constitutes some type of major civil rights violation. But this too is utter nonsense. The law simply says that United States won’t tolerate trespassers and criminals. To most Americans, that seems like common sense.

President Trump hasn’t expanded the definition of criminal. By simply adhering to the existing provisions of the INA he’s fulfilling his constitutional obligation to see that the immigration laws are faithfully executed. And in so doing, he’s demonstrated that – unlike illegal aliens, criminals, and open borders advocates – he respects both the law and the American taxpayer.

About Author

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Matthew J. O’Brien joined the Federation for American Immigration Reform (FAIR) in 2016. Matt is responsible for managing FAIR’s research activities. He also writes content for FAIR’s website and publications. Over the past twenty years he has held a wide variety of positions focusing on immigration issues, both in government and in the private sector. Immediately prior to joining FAIR Matt served as the Chief of the National Security Division (NSD) within the Fraud Detection and National Security Directorate (FDNS) at U.S. Citizenship and Immigration Services (USCIS), where he was responsible for formulating and implementing procedures to protect the legal immigration system from terrorists, foreign intelligence operatives, and other national security threats. He has also held positions as the Chief of the FDNS Policy and Program Development Unit, as the Chief of the FDNS EB-5 Division, as Assistant Chief Counsel with U.S. Immigration & Customs Enforcement, as a Senior Advisor to the Citizenship and Immigration Services Ombudsman, and as a District Adjudications Officer with the legacy Immigration & Naturalization Service. In addition, Matt has extensive experience as a private bar attorney. He holds a Bachelor of Arts in French from the Johns Hopkins University and a Juris Doctor from the University of Maine School of Law.

28 Comments

  1. avatar

    Well, getting Canadian Immigration is not a big deal anymore if you have certain set of skills. Canadian immigration is a perfect way to get immigration. They are offering it for free because they need a lot of men to boost their economy.

  2. avatar

    The Real Criminals

    Mayors and Police Chiefs of sanctuary cities….there is a state bill in Colorado to prosecute mayors for injury and death of legal citizens that their protected IAs harmed.

  3. avatar

    Most illegal aliens already are committing felonies by using falsified documents, and using identity theft to gain employment. Arrest, jail, then deport them.

  4. avatar

    Amen, and thankfully we’re done with BO’s lawlessness, other than cleaning up the 8 year destruction he left behind, along with the taxpayer burden on top of it all.

    • avatar

      Yeah, our country will be stuck with the record trillions in debt accumulated under Obama for a long time.

        • avatar

          George W did accumulate an unhealthy amount of debt when he was in office, but Obama accumulated significantly more.

          • avatar

            I think W and Obama are two of the worst presidents this country has ever had. They both operated under the same naive belief that all we have to do is go remove some dictator and democracy will flower. It didn’t work in the invasion of Iraq or the toppling of Qaddafi in Libya by Obama and Hillary. It only made things worse.

            I love how the media hangs on to every word of criticism of Trump by McCain and Lindsey Graham, another two who think we are going to save the world militarily. Never mind that McCain blew the 08 election by his rash selection of Palin, because most were not willing to see her as president. And Graham, like Jeb, had a huge war chest this year in the primaries and neither one registered more than single digits.

            I saw a piece on the news. There is a petition calling on Disney to make sure Trump doesn’t speak in the Hall of Presidents exhibit. Do these people see how pathetic they look?

          • avatar

            Two of the worst presidents is right. We are lucky we have Trump now after 16 years of W and Obama. And I guess I shouldn’t be surprised that McCain and Graham are still working to stab the American people in the back.

            It look likes a certain segment of our population has lost the instinct to protect their own lives. It look likes they are willing to live in a country where terrorist attacks are a regularly occurring part of life, such as in Israel, just so they can continue to be believe in their dopey fantasy of a borderless world where we all hold hands and love each other. But the problem is they get a lot of other people killed who aren’t dumb enough to believe their utopian fantasy. Incredible.

      • avatar

        SecBorder your mind is limited!!! Hahaha!!!!! As if Obama did it all by himself. Hahahahaha

          • avatar

            The same thing monkeys have been saying for each president. . ..Of course Clinton got us a surplus….Let’s see if this time we have that..

            But w all the confusion n animosity not ever see like now n drastic changes only miracle….

        • avatar
          Nancy Droppelman Ziegler on

          Clinton had a surplus b/c he came in on Reagan’s coatails and was smart enough to keep the bipartisan successes that Reagan created…along with Gingrich. Read between the lines

          • avatar

            N Reagan from Carter whom had stayed we would had had a better country ahead in energy n solar power.read…. Educate yourself. Clinton’s glory …

  5. avatar

    A lot of the protestors are millenials. Tough luck that they didn’t turn out when they might have made a difference. Only half of them voted and 37% voted for Trump vs. much higher percentages for older voters. But now it’s popular to see and be seen at a bunch of useless rallies where most people see them as spoiled brats. They think life is limited to what they and their friends can tweet each other all day.

    • avatar

      Half of the people arrested in Portland protesting after Trump was elected didn’t even vote. Give me a break.

    • avatar

      It actually did 3M plus…The People spoke n exactly what the forefathers feared …. Happened w the electoral votes….. Nothing new ….Last time w Algore…

        • avatar

          And as you all know …. To govern out if a pen who’s last president ObMa was judged for n names called … This time appears to be a real dictatorship in the making ….But of course you don’t see that . Because it fits you to break our laws n Constitution under the assumption of danger …. If indeed the I 407 were coarced n illegally done….Since I was not there I cannot be certain but since the AG sttod her grounds for justice….Things we don’t know happened there.. .

          • avatar

            How long are you going to last under this name? Is there a time limit before you move to another one?

          • avatar
            Dionysius John on

            Yeah, that AG is entitled to her opinion… and he is entitled to fire her. No law broken… those people serve as the pleasure of the president… you’ll notice her successor didn’t balk. This isn’t even analogous to the ‘Saturday Night Massacre” involving William Ruckleshaus.

          • avatar

            Correction The president n Congress n people in the public service….Serve not at the pleasure but w conviction n loyalty to The People…….Learn that!!!!

          • avatar

            ‘Because it fits you to break our laws n [sic] Constitution under the assumption of danger’……. Under our Constitution & immigration laws [the real ones] NO ONE has a legal right to enter the U.S. except for legal citizens. Chill out. Grow up. Following the laws of the land does not equal a dictatorship. Have you looked at the map of red & blue states after the election? FAR more states voted for President Trump based on issues important to our country – the economy, jobs, Social Security & Medicare for citizens already depending on it, and more. And, the issue of security of our country from those who would harm the citizens was a big reason he was elected. That is actually the first duty of the president under the Constitution. Just because citizens who want to see the law carried out as it should be do not go out marching, causing chaos in the streets or airports, destroying property, setting fires, etc. does not mean there are not more people who do want to see changes than ‘people’ like you.[‘people’ – trying to refrain from using other words that are not kind]

          • avatar

            Lindabugger under our Constitution comes fir you 101 all created equal, freedom of religion…U belong to a different country….. Wrong the people elected Clinton …The electoral votes Trump…U r blind

      • avatar

        God you write just like a millennial I bet you didn’t vote either. You just whine and then go burn ****, and break things. Also most of what you write really doesn’t make any sense because your writing ability is so backwards and convoluted. Maybe it’s because you can only write in partial sentences with jumbled sentence structure and because of that what you are writing makes no sense.