Archive for Immigration

See You in Court

You’ll be hearing from my lawyers:

President Barack Obama’s new plan to ease the threat of deportation for 4.7 million undocumented immigrants violates the U.S. Constitution, a federal judge found on Tuesday, handing down the first legal ruling against the plan.

The ruling has no immediate impact, with the government saying there was no reason for Judge Arthur Schwab of the Western District of Pennsylvania to address the issue in the case, which concerns 42-year-old Honduran immigrant Elionardo Juarez-Escobar.

Schwab is the first judge to rule on the legality of the plan Obama announced on Nov. 20. The executive action by the Democratic president is opposed by Republicans and is already subject to other legal challenges.

Schwab ruled that the executive action violated the U.S. Constitution’s guarantee of separation of powers and the separate “take care clause,” which requires the president to faithfully execute laws passed by Congress.

So what if it’s non-binding? At least someone has the nuts to pronounce on the issue. Over to you, John Boehner (speaking of nuts, or lack thereof).

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We’ll See You in Court

We’re going to need a bigger courthouse. Is Montana available?

Twenty-four states have signed onto the legal challenge against President Barack Obama over his executive action on immigration, incoming Texas Gov. Greg Abbott announced Wednesday.

Abbott, the Texas attorney general who will assume his new role in January, is leading the coalition.

“The president’s proposed executive decree violates the U.S. Constitution and federal law, circumvents the will of the American people and is an affront to the families and individuals who follow our laws to legally immigrate to the United States,” he said in a written statement.

The Texas-led coalition of states in the legal challenge consist of: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, North Carolina, South Carolina, North Dakota, Ohio, Oklahoma, South Dakota, Texas, Utah, West Virginia and Wisconsin.

Almost half the union is suing President Obama for violating the Constitution. Somebody has to.

PS: Of course, Obama thinks he has 33 states on his side.

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The Fall of the American Republic, Pt. CCCXLVI

Obama wastes billions on a lemon of a computer system—and it’s not even the one you’re thinking of!

Senior officials at the Social Security Administration (SSA) tried to hide a damning report on a $300 million computer system that lawmakers have called a “boondoggle” in order to protect President Obama’s nominee to lead the agency, a whistleblower claimed in an interview with FoxNews.com.

Whistleblower Michael Keegan told FoxNews.com that McKinsey & Company, a consulting firm, issued a draft report in December 2013 saying the agency had spent $288 million over six years for a new computer system processing disability claims that has yet to launch.

But Keegan said he was present at a meeting of senior officials in May of this year where they decided to sit on the report as long as Carolyn Colvin’s nomination for commissioner was pending.

“They hid the report,” he told FoxNews.com.

They’ll release it on Friday. Some Friday.

Keegan spoke with FoxNews.com after Republican senators threatened earlier this week to block Colvin’s nomination until a probe of the computer project is done. Keegan, who worked as associate commissioner for facilities and left the agency earlier this year, explained that he brought his concerns to Congress over the summer.

Several top-ranking lawmakers have been beating the drum about the $300 million computer system since the summer, including about the possibility of a cover-up.

House oversight committee Chairman Rep. Darrell Issa, R-Calif., and other lawmakers wrote in July that whistleblowers had told them “senior agency staff placed a very close hold” on the report to make sure details were kept “secret” until after Colvin’s confirmation. They called these claims “deeply disturbing.”

When will the Republicans in Congress grow the stones to stop Obama, rather than merely warn Obama to stop? Are only eunuchs elected to Congress?

Real men run for governor:

Texas is leading a group of 17 states — all but two with Republican governors — that are suing to block President Barack Obama’s executive overhaul of U.S. immigration and deportation rules.

The state’s incoming governor, Greg Abbott, announced the effort to have courts block Obama from implementing the actions he announced last month during a Wednesday afternoon news conference.
“The constitution prescribes immigration policy be fixed by Congress — not by presidential fiat,” said Abbott, the Texas attorney general who won the governor’s race in November and has since become the highest-profile GOP critic of Obama’s immigration policies.

He said Obama’s decision to stop deportations for undocumented immigrants who are the parents of U.S. citizens — the centerpiece of the executive action — is “a decision to openly tolerate” violations of the U.S. law.

“Texas is uniquely qualified to challenge the president’s executive order,” Abbott said. He pointed to Obama’s 2012 order deferring the deportation of undocumented immigrants who were brought to the United States as children and had lived in the country for years, and said Texas has seen an influx of immigrants since then.

“Basically, we are asking for the court to require the president to go through the prescribed constitutional process of enforcing laws passed by Congress rather than making them up himself,” Abbott said.

Abbott said the states joining Texas in the lawsuit are Alabama, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Mississippi, Montana, Nebraska, North Carolina, South Carolina, South Dakota, Utah, West Virginia and Wisconsin.

How hard was that to say? It’s not racist or xenophobic. And I’d say 17 states—a third—is a pretty big sample size.

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BTL: Right Again As Ever

Rush likes to boast that he’s 98.7% accurate (or whatever), but it’s not that hard when you learn how to read the stitches on the curveball (as he also says).

We said this but five days ago:

[White House spokesman Shawn] Turner noted, however, that the estimated 5 million immigrants granted protection from deportation will not be eligible for other federal benefits such as student financial aid, food stamps or housing subsidies. Nor are they eligible to purchase health insurance through the federal health-care exchange under the Affordable Care Act.

To which we responded:

Yet.

Yesterday…

President Barack Obama’s executive order to spare some immigrants from deportation has galvanized Democrats, immigration groups and health care advocates in California to push for expanding health coverage to a segment of the population that remains uninsured.

The president’s action excludes immigrants who came to the country illegally from qualifying for federal health benefits. But California has its own policy of providing health coverage with state money to low-income immigrants with so-called “deferred action” that allow them to avoid deportation. Immigrant and health care advocates say that means Obama’s executive order will enable hundreds of thousands of low-income immigrants in California to apply for Medi-Cal, California’s version of Medicaid.

Great. Another million mouths to feed.

Hang on, BTL, you say? It’s not ObamaCare they’re getting, but Medi-Cal.

You interrupted me:

Medi-Cal is a health program for the poor paid for by the federal government and the state. It has grown by about 3 million people in California under federal health care reform and now covers more than 11 million Californians, about 30 percent of the state’s population. The federal government is paying for the expansion, but the state will eventually pay 10 percent of additional costs to cover low-income adults, many of whom are childless.

You want to explain to me how “hundreds of thousands” (estimates of California’s illegals range to nearly three million) of illegal aliens getting health insurance paid in part by the federal government (you and me) is not “health insurance through the federal health-care exchange”?

We need to find that Frenchman who invented a pill that makes flatulence smell like roses. Obama is farting in our face with impunity. If we can’t stick a plug in him, we shouldn’t have to suffer from his stench.

PS: Conservatives believe in the 10th Amendment to the Constitution, which assigns rights and powers to the states not otherwise assigned to the federal government. That belief stops when a given state behaves irresponsibly and irrationally—Illinois with pensions, California with illegals—leaving the federal government (you and me) to pick up the pieces. And the bill.

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L’État, C’est Barack

This has been well-covered, but I can’t let it pass without comment:

Obama was in Chicago on Tuesday night to tout an executive order halting deportations for the undocumented parents of children born in the United States. But — as has been the pattern in recent months — he couldn’t get through the speech without being heckled by protesters who want bolder action.

One called Obama’s claim that his immigration policies are focused on deporting felons, not families, “a lie.” Another said it’s “not just Republicans” who have called undocumented immigrants felons.
Obama told the protesters it “doesn’t make sense to yell at me right now,” given his immigration action last week.

“What you’re not paying attention to is, I just took an action to change the law,” he said as the crowd applauded.

Which is what we’ve been saying. Nice of him to admit it. Now, if he’ll only admit he doesn’t have the authority—no president does—therefore his act is invalid, its impact null and void, he can be that transformational president we were promised, one who can truly bring us together.

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Huddled Masses Only Need Apply

The rest of youse can screw:

Last year, about 172,000 people filed for an H-1B worker’s visa, but only about 65,000 were accepted. H-1B visas let employers employ foreign-born, skilled workers, especially those with expertise in computer science, mathematics and related fields. Many foreign nationals who earn advanced degrees at U.S. universities find themselves unable to stay and work after graduation because of the cap on H-1B visas.

“We cannot find the qualified candidates to help drive our businesses forward,” entrepreneur and investor Trevor Klein told CNBC. Klein sold his company autoanything.com to Autozone a few years ago for $150 million dollars and is now betting on a start-up called TV Page that employs a Dutch foreign national in one of the firm’s key positions.

Kuijer has a J1 visa that has let him stay in the country for the past 18 months; however, it will expire at the end of November, and chances are high that he will be deported to the Netherlands.

“Lots of uncertainty in a start-up company, and (it) just introduces another element, which is very frustrating,” he said. “People depend on me. The company depends on me, and I have to physically be here in the United States.”

Investors have put about $3 million into the company to date and are nervous about losing Kuijer.

Suman Kanuganti, an Indian national, has a work visa through his current employer, Intuit. His real passion, though, is for a new company and technology he has created that he says will allow blind people to become more independent.

He used Google Glass to create a way for the visually impaired to be directed by a person in real time who live-streams where that person is going. The product was tested recently during an annual vision walk benefiting the foundation for fighting blindness in San Diego, which San Diego Mayor Kevin Faulconer attended.

Faulconer praised Suman’s idea, but if the technology takes off, it might not stay in the United States for long.

If Kanuganti wants to develop the idea and company further, he would have to go through the lengthy immigration process all over again in the hopes of obtaining another visa. That’s highly unlikely since there is no “founder’s visa”—for people who actually create companies in the United States—currently offered, attorney Shapochnick, who is currently representing Kanuganti, told CNBC.

“What happens if I don’t get it? Then I have to find another full-time job or go back to my home country,” Kanuganti told CNBC.

Some immigrants cure blindness Americans can’t be bothered to cure; others forge drivers’ licenses Americans can’t be bothered to forge. Obama favors only the latter group.

Besides, that hi-tech start-up you built from nothing? You didn’t build that.

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That Didn’t Take Long

Give me your tired, your poor—and they won’t be either no more!

Under President Obama’s new program to protect millions of illegal immigrants from deportation, many of those affected will be eligible to receive Social Security, Medicare and a wide array of other federal benefits, a White House official said Tuesday.

“A wide array of federal benefits”? How wide are we talking about?

Federal law says that people who pay the taxes and are deemed “lawfully present in the United States” can collect benefits under those programs when they become eligible. They may also receive survivor and disability benefits.

“If they pay in, they can draw,” White House spokesman Shawn Turner said by e-mail.

Turner noted, however, that the estimated 5 million immigrants granted protection from deportation will not be eligible for other federal benefits such as student financial aid, food stamps or housing subsidies. Nor are they eligible to purchase health insurance through the federal health-care exchange under the Affordable Care Act.

Yet.

The article actually doesn’t mention even a narrow array of benefits available to the “shadow people”, so I wonder of the author wasn’t betraying a cynicism (I might say honesty) akin to my own. How long before Chuck Schumer moans from well of the Senate (so-called because he’s a drip and all wet) about the inequity suffered by these poor semi-documented Americans living in the chiaroscuro? How long after that do they get that wide array of benefits, up to and including free dental? (Teeth are a human right.)

I’m sure it has already occurred to others what has just occurred to me: how good a deal is this for criminal aliens? We know the number of foreign invaders dropped during the recession (sorry, Recession)—indeed some emigrated—so not all of them are here for mom and apple pie (though if the pie is free…). What’s in it for them for “getting right with the law”? What if the shadows are more profitable? Why pay into a system from which they may not stick around to collect? They may be wholly illegal and largely illiterate, but they ain’t stupid.

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A Nation of Immigrants

Not anymore, we’re not. Obama has made us a nation of criminal aliens.

Immigrants—honorable citizens who submit themselves to the rule of law—are no longer welcome:

When illegal immigrants are prioritized by the federal government and given a spot at the front of the line, millions of individuals going through the proper legal channels to become American citizens or to obtain visas are pushed even farther back in the process and given longer waiting periods. In most situations, this means legal immigrants spending longer periods of time away from their families.

My colleague Conn Carroll reminded us of the numbers and harsh reality of executive action has on legal immigrants last week:

At current staffing levels, USCIS issues about 1 million green cards per year. And when Obama enacted his first executive amnesty, the Deferred Action for Childhood Arrivals in 2012, wait times for legal immigrants to get their visas tripled from under five months to over 15 months.

Only about 1 million illegal immigrants were eligible to apply for DACA amnesty and only about 600,000 were given amnesty. Obama’s next amnesty, however, will reportedly allow up to 5 million illegal immigrants to apply and no one knows how many will take him up on the offer.

But assuming the turnout for Obama’s next amnesty is bigger than DACA, we can safely assume that legal immigration delays will get much much worse.

Legitimate immigrants are justifiably ticked off:

@LaborSec are you going to refund all the money I spent doing it legally? Huh? Huh?

Hey @barackObama i want a refund of all my legal fees + 10 yrs worth of interest. I have all the receipts! I came here LEGALLY. #tcot

My family has paid fees to the US immigration system and followed the law. I’d like a refund, please, @BarackObama…

So, who’s gonna refund the $18,000 I spent to bring my wife here legally? @BarackObama? @NancyPelosi? #ImmigrationAction

Ummm make the system more fair?? What’s fair about saying f*ck you to those immigrants who followed our laws??

How’s this for insult to injury?

The proposed executive action on immigration (or whatever name you want to give it) will allow [illegal aliens] who have US citizen or green-card children and who have been here for five years to apply for some kind of quasi-status and open market work authorization. That would allow them to work for a period of time at any employer, the authorization presumably renewable until they decide to leave or have an option for US permanent resident status (green card status). This, the administration tells us, is fair and just and Biblical – yada/yada.

But this option is explicitly NOT available to those in the US in a valid legal status. There are millions of people in the US who have temporary status – as students or temporary workers or researchers or as investors (lots of Koreans own businesses with E-2 investor visas, for example). These people – many of them have US citizen children and have been here five years. These people who have been here legally and not violated their immigration status – these people are explicitly NOT eligible for open market work authorization, renewable indefinitely.

You must be in violation of the law to benefit from this provision.

At least if we must suffer, we all suffer together:

With his questionably Constitutional move to protect America’s vast undocumented population, President Obama has provided at least five million immigrants, and likely many more, with new hope for the future. But at the same time, his economic policies, and those of the progressive wing of the Democratic Party, may guarantee that many of these newly legalized Americans will face huge obstacles trying to move up in a society creating too few opportunities already for its own citizens, much less millions of the largely ill-educated and unskilled newcomers.

In previous waves of immigration, particularly during the early 20th Century, there were clear benefits for both newcomers and the economy. A nation rapidly industrializing needed labor, including the relatively unskilled, and, with the help of the New Deal and the growth of unions, many of these newcomers (including my own maternal grandparents) achieved a standard of living, which, if hardly affluent, was at least comfortable and moderately secure.

Demand for labor remained strong during the big immigrant wave of the 1980s until the Great Recession. The country was building houses at a rapid clip, which required a large amount of immigrant labor.

Largely unskilled and undereducated, roughly half of adults 25 to 64 in this population have less than a high-school education compared to only 8 percent of the native born. Barely ten percent have any college, one third the national rate.

This workforce is being legalized at a time of unusual economic distress for the working class. Well into the post-2008 recovery, the country suffers from rates of labor participation at a 36 year low. Many jobs that were once full-time are, in part due to the Affordable Care Act, now part-time, and thus unable to support families. Finally there are increasingly few well-paying positions—including in industry—that don’t require some sort of post-college accreditation.

Sadly, the legalization of millions of new immigrants could make all these problems worse, particularly for Latinos already here and millions of African-Americans.

Okay, maybe we don’t all suffer together. Blacks and Hispanics take it worst. Typical.

PS: As we reported yesterday, the border is busy with jumpers again.

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Supply and Demand

Obama demands amnesty for illegal aliens, and the illegal aliens supply the supply:

Last week President Obama announced his plan to legalize at least five million people living illegally in the United States during a primetime address to the nation from the White House. He detailed the plan again last Friday at a Las Vegas high school.

Just before his announcement, law enforcement officers working in and people living along the Texas border with Mexico were already seeing a surge in illegal immigration as a result. From Local ABC 5 news in the Rio Grande Valley:

The flow of illegal immigrants appears to be on the rise again in Brooks County.

Rugged trails on ranches are littered with empty bottles, the remnants of the journey made by those who entered illegally and those who are making their way north. People in the area said foot traffic is once again on the rise.

Dr. Michael Vickers said he is seeing more of these water bottles left behind on Brooks County ranches.

“Every time he opens his mouth about immigration and what he’s gonna do, there’s a huge negative impact on us that live out here along the border, especially in the rural areas where all the smuggling trails are,” said Vickers.

Last week as President Obama announced his legalization plan, Immigration and Customs Enforcement readied thousands of beds for a potential incoming surge of illegal immigrants unaccompanied minors.

On the same day President Obama announced his executive immigration overhaul we learned that the administration was gearing up for yet another surge of illegal immigrants coming this spring—more than 100,000 to be exact. And to do so, they’re getting a family detention center ready with 2,400 beds.

The new BTL just smiles and nods. Obama went to Las Vegas not to make his illegal, invalid announcement. He could have done that anywhere, including DC. He went to Vegas to play golf. Amnesty was just an excuse to hit the links with Derek Jeter. Don’t worry, be happy.

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Come Out of the Shadows and Get Right With the Law

And pick up a check:

The illegals will get work-permits and Social Security cards, and will be required to pay taxes, according to Cecilia Munoz, the former immigration lobbyist who is now a top Obama aide.

That means they’re part of the tax system, she said, when she was asked if the illegals would get annual payments under the Earned Income Tax Credit program.

“They are subject to our tax law,” she said, carefully.

Carefully, so she didn’t burst into laughter.

[O]nce illegal immigrants are enrolled in the tax system, they’re would be entitled to EITC payments

The payments may be huge, and will rise each year.

According to the Internal Revenue Service, two parents with three or more children would receive up to $6,143 in 2014 if they earn less than $46,997.

A family with two kids, and an income of $20,000, would receive $14,590 in taxpayer funds this year alone.

Parents who earn less than the threshold would get $3,305 if they have one child, and $5,460 if they have two children.

The EITC program is already poorly monitored and may be subject to large amounts of fraud, according to critics.

Another study says that 47 percent of legal and illegal immigrants and their children are classified as living in poverty or in near-poverty…

Not anymore.

You can take the peasants out of Guatemala, but you can’t take the Guatemala out of the peasants. Even in the land of milk and honey, it’s rice and beans.

But that’s all changed. Like most things Obama has done, it’s just another voter registration drive. I was a loyal Democrat voter for 26 years. Where’s mine?

“Get right with the law.” He’s one to talk.

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Out of the Shadows and Into the Welfare State

They like to be in America:

President Obama, following through on his vow to sidestep Congress, will announce in a prime-time TV speech Thursday the executive actions he will take to change U.S. immigration law.

Obama will make his announcement, expected to protect roughly 5 million illegal immigrants from deportation, from the White House at 8 p.m. EST, then go to Las Vegas to promote the plan Friday.

Obama loves Vegas. That’s where he was jetting off to when Ambassador Stevens, Glen Doherty, Sean Smith, and Tyrone Woods shuffled off this mortal coil. What better place to announce the death of a once-great nation?

Step out of the shadows, my undocumented friends, and into the (flash)light:

May 2014 — Humberto Gonzalez, an illegal alien, was convicted in New Jersey of criminal assault and sentenced to 50 years in prison. The rape occurred in 2005 and Gonzalez was not identified until a DNA match was made following an arrest in Texas for aggravated assault with a deadly weapon. Gonzalez also had a criminal record in Louisiana and Arkansas. (Times of Trenton, May 9, 2014)

February 2014 — Cinthya Garcia-Cisneros, an illegal alien from Mexico, was found guilty of two counts of a felony for failure to perform the duties of a driver and sentenced to three years of probation and 250 hours of community service. Garcia-Cisneros committed a hit-and-run that resulted in the death of two stepsisters, 6-year-old Anna Dieter-Eckerdt and 11-year-old Abigail Robinson. (Associated Press, Feb. 4, 2013)

January 2014 — Jasim Mohammed Hasin Ramadon, aka Jay Hendrix, an Iraqi immigrant, was found guilty in Colorado on multiple counts of sexual assault. He faces a possible sentence of life in prison. Sarmad Fadhi “Levi” Mohammed, another Iraqi was earlier convicted for the same assault and sentenced to 16 years in prison. An additional three Iraqi immigrants involved in the assault have received misdemeanor convictions. (Colorado Gazette, January 21, 2014)

January 2014 — Modesto Osco, a Peruvian, pled guilty to indecent assault on a minor. He was sentenced in Pennsylvania to five months to two years in prison. (The Morning Call, January 6, 2014)

Modesto of name, immodest of act.

I know many criminal aliens are hard-working and law-abiding…well, hard-working…well, working. They can’t all be rapists. (Bill Cosby didn’t leave much opportunity for others. Allegedly.)

I’ve already said my piece on the subject. This is an invalid act by a man without the authority to enforce it. But what happens next? Mitch? John?

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Can I Get Me a Slave Here?

What took him so long?

South Carolina congressman and assistant Democratic leader Jim Clyburn reacted on Friday to House speaker John Boehner’s promise to fight “tooth and nail” against any White House push for illegal-immigrant amnesty.

“I would simply say to Mr. Boehner, it would not be the first time that the Congress has fought the president tooth and nail for doing the right thing for the country,” Clyburn told MSNBC’s Andrea Mitchell. “We all know . . . what a fight Lincoln had with Congress over the question of slavery. What a fight we had over integrating the armed services.”

“This issue of immigration is just as important to this country as integrating the armed services was back in the 1940s,” the Democratic lawmaker said. “So I say to the president, have at it. Get your pen, sign the executive order, and let them do what they will or may.”

I’m just kidding, I don’t really want a slave. Though if somebody wants to volunteer…

On this here Internet, we have something called Godwin’s Law: “As an online discussion grows longer, the probability of a comparison involving Nazis or Hitler approaches 1.” In the Congressional Black Caucus, the comparison is to slavery. And it happens instantaneously.

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