Most recently the news has been carrying the voice of Republican Culbertson of Texas, who believes he has found the solution to illegal immigration an old law that was written in the 1950's. He has been thanked by those law enforcement officers in the Immigration policing and local law enforcement for his stand and his support.
The question is, why hasn't it been enforced before now? Is this the answer for illegal immigration?
Here is how this 1950's law reads. It is Federal law already.
TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part VIII > § 1325Prev
Improper entry by alien (a) Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts
Any alien who
(1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or
(2) eludes examination or inspection by immigration officers, or
(3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.
(b) Improper time or place; civil penalties
Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of—
(1) at least $50 and not more than $250 for each such entry (or attempted entry); or
(2) twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection.
Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.
(c) Marriage fraud
Any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both.
(d) Immigration-related entrepreneurship fraud
Any individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined in accordance with title 18, or both.
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Of course, Culbertson's accusation at this administration and especially Michael Chertoff as the head of Homeland Security, that he has acted with dereliction of duty, can be said to be true. Culbertson has said, "they have used Homeland Security as a customer service for the foreign national". He goes as far as to say recently in an interview with CNN's Lou Dobb's, that Chertoff is catering to people like Osama Bin Laden's cousin having to stand in line to get in. He is more concerned with customer service to people like this. It is clear that the hand's off or minimal handling of immigration violations and the Bush hope for an amnesty law for illegals is the focus of all Homeland Security.
It is as most of this policies and ations of this administration a joke. The President and his cronies speak out of one side of their mouths while saying the opposite out of their other side of their mouth. As the Indian would have described- "white man speak with forked tongue." The whole misnomer of the idea of creating security for Americans while your borders are over run by illegals is a joke but a sad joke that is costing this country it's sovereignty, it's culture and it compromises our national security. Now Culbertson's discovery of this law, like most laws only enforced when beneficial to the reigning powers, is by his view the answer to immigration enforcment problems. But is this law, the catch all answer for illegal immigration if enforced as Culbertson says with "zero tolerance". Does the law in fact put a stop to illegals entering this country?
Let's examine it a bit as it reads. The first thing it says it is a crime to elude enforcement of the ICE and local enforcement people and just the fact they entered illegally makes them subject to criminal offense and imprisonment. Will this truly save the Americans money.
Who will take care of the thousands they will lock up. The American taxpayer that is who. I still think they should be processed and taken back over across the border to which ever country they came from. We already have prisons overcrowded with Mexican and other illegal gangs, and we pick up the tab to feed, clothe and bed them. Do we really need more debt so the average American can bear the tax to pay for it?
The second thing is the fine, the fine is minimal, it won't even pay for the time they are held. We the American tax payer will pick up the tab again. This to me is a typical Republican response, as it still supports the businesses in America who hire them and work them in this country and puts the expense back on our backs, the Middle Class American to pay for it all.
If I were to write the law, the illegal would be immediately turned back, this cost them lots of money, as they had to save to pay a Coyote ( the guys that smuggle them over here) and they would only have to pay to get back over again. Many times this is a lot of money. The last part of the law reads fine, but it still only criminalizes, the person who gets them over here. The real criminal is the person or company, large or small who hire these people. Why in the world do we have to give our employer, our ID's to put on file, if these laws aren't already enforced. Let law enforcement local, state and federal, go to each business and verify, the citizenship of their employees, as the papers that are kept by them on us, is supposedly for this purpose, Let the IRS, step up investigating these employers for paying wages under the table. Then fine them and enforce the criminal penalties on the person that is responsible for this invasion- the employers in their greed to get rich who would rather pay an illegal, under the table, then an employee and collect taxes for doing so. It surely benefits them most as it increases their profits and creates a demand for illegals. Where there is a demand their is going to come a supply. First rule of economics!
Oklahoma's governor has lead the way. He has made it very bad to be working illegals, or to be an illegal in his state. It is about time, that the States exercise their rights over a insane federal government for far too long has done nothing but create meaningless laws, taking our money in taxes, wasted our money, and do nothing to really fix the problems of this country but to create news ones. The beginnings of a small revolution is beginning to start in this country, a revolution to return to the purposes of the Constitution along with the Bill of Rights, to take back States rights to fix what the Washingtonians sit back, spend our money, and do nothing about but blow the proverbial smoke up our backsides.
It is about time, that we and every state in this "union", exercises their voices, their strength, and their resolve to fix what the fat cats in Congress, the Legislator and the Whitehouse, do not have the gonads to do.
I am glad that Culbertson is speaking out, at least one Republican is admitting this administration Republican is a joke.I am glad that he is helping a State (Texas) to exerise laws already on the books. I just don't think it is the final solution and I don't think you will find a Republican or a Democrat willing to enact a law, as I have prescribed to punish severly the businesses who have created this demand. The illegals are only coming over still, because employer's invite them with their willingness to hire them. Get rid of the demand, the supply will trickle to a few. At least Culbertson is doing something, and I for one applaud his efforts. Let's just focus where the real problem is GREEDY EMPLOYERS. Let's get tougher on the cause rather than just people who are many cases looking to make more than a 3rd world living. The problem is their taking our jobs is forcing American citizens to make a 3rd world job as well, along with the wages of poorer countries. Don't tell me we aren't willing to work. I work part-time in a nursing home doing housekeeping and a second job for a company that sells a specialized rain gutter product as Direct Marketer and a Assignment and Scheduling Specialist. I work 11 hours a day, 4 days a week and still can't make it and I have a college degree. I pay additional taxes to the IRS and all my past due as well. It doesn't leave much to live on when wages have been driven to the bottom because of the illegals in this country and outsourcing of manufacturing, technical and everything else, to other countries, and our insistence to do business with China and it's subsidiaries like Walmart.
Greed is a sin that hurts not just the few that are deprived but in the long run hurts everyone. Stop American businessman greed.
Dr. J.
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