Many people, and organizations such as the mainstream media today would have one believe people coming from around the world and entering the United States without following the lawful process is an innocent victimless crime. It is; however, not as simple as bypassing national laws seeking a better life in another country. As written, “Federal law 8 U.S.C. § 1324 Bringing in and harboring certain aliens,” states, “it’s a federal crime to enter into the US without permission,” and working, driving, are all included in this statute. Illegal immigration can track its roots all the way back to World War II and has progressively become worse. Such as human trafficking, and women raped as forced payment by cartels sneaking them into the US. Drug smuggling and illegal immigrants being used as mules to pay their way into the US illegally. Crime and Social Services are overburdened by those who continue to come to US illegally. I have personally been impacted by the underreporting of crime resulting from illegal immigration, having my 13-year-old daughter killed by a man 3 times deported. The Federal Government and State Governments should work together to enforce Federal Immigration laws, require illegal immigrant’s nation of origin to pay for the financial burden caused by illegal immigration, and remove all current incentives continuing to reward illegal immigration to the US.
The Federal Government and State Governments should work together to enforce Federal Immigration laws. The current status quo is unsustainable as long as States and Cities continue to ignore Federal laws like 8 U.S.C. § 1324. However, the Federal and State Governments should work together to enforce Federal Immigration laws through making the Federal 287(g) program mandatory in every State for all law enforcement agencies. The Department of Justice should be using its vast financial resources to pursue any State or City writing laws violating Article VI of the Constitution.
A program virtually unknown to the American Public and established more than 20 years ago, the 287(g) program is completely voluntary. It is designed to delegate immigration enforcement authority to trained law enforcement officers. It takes away the need for Immigration and Customs Enforcement (ICE) officers to be on hand to screen illegal aliens in custody for deportation. It’s funded through federal tax dollars yearly and helps the departments financially with the burden of processing illegal aliens. From “Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act, 1996,” as written:
. . . U.S. Immigration and Customs Enforcement (ICE) 287(g) Program enhances the safety and security of communities by creating partnerships with state and local law enforcement agencies to identify and remove aliens who are amenable to removal from the United States . . . ; This section of law authorizes the Director of ICE to enter into agreements with state and local law enforcement agencies, that permit designated officers to perform limited immigration law enforcement functions . . . ; The 287(g) Program continues to receive overwhelmingly positive feedback from its partners . . . ;
Under current legislation, this program is voluntary. However, this program should be updated to become mandatory nationwide and end the excuse of ICE Detainers not being recognized as valid hold warrants. It would financially assist law enforcement as it currently does, as well as permit ICE agents to redirect more resources to high traffic; high threat areas along the borders stemming drug trafficking, human trafficking, and illegal entry into the US.
Another issue that goes hand in hand with this program is the “sanctuary city” policies or laws being written at the State and local level in violation of the U.S. Constitution. Any State or city that writes a law or policy preventing law enforcement from working with Federal officers should have the full weight of the Department of Justice pursuing them. Under the U.S. Constitution Article VI, prohibits any State from creating laws to “supersede” or “trump” any Federal Law. In “ArtiVI.C18.104.22.168 Supremacy Clause” it states,
“. . . and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land: and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. . . .”
This clause in Article VI has been interpreted in different ways by the U.S Supreme Court over the last 200 years. In current interpretation laws written that “supersede or trump” current Federal laws violate the Supremacy Clause. States like California wrote State legislation in 2017 violating the Supremacy Clause. Forbidding State and local law enforcement from working with ICE. Or notifying ICE of illegal aliens in custody before releasing them back into the public. As a result, putting the public safety at risk. Such as Daily News, 32-year-old Kate Steinle, killed by an illegal alien 5 times deported with 7 felony convictions on July 1, 2015 in San Francisco, CA (Kathryn Steinle Shot). Or in “Angel Dad Yet To See Real Justice For Daughter Killed by Illegal Alien” (Binder). Rockwall, TX Chrishia Odette at the age of 13 was hit and killed by an illegal alien driving a truck with no license September 12, 2014. He had been deported 3 times and had an outstanding warrant for driving without a license. As well as outstanding warrant for speeding. He was released from jail 36 minutes after being booked into the county jail, and never reported to ICE as required by law. With current laws in federal laws in place, and mandatory use of programs like the 297(g) it would save countless lives and reduce the number of illegal aliens at large.
In Texas alone, between June 1, 2011 and May 31, 2020, there were over 218,000 illegal aliens charged with 347,000 crimes such as 631 homicide charges, 39,163 assault charges to name a few, furthermore; 137,000 convictions to include 293 homicides, and 15,881 assault convictions, 2,043 sexual assault convictions, and 2,651 sexual offense convictions. All of this criminal activity would never have occurred if these individuals had been stopped at the border and placed in federal prison as per 8 U.S.C. § 1324 Federal Statute.
More should be done on the Federal and State level to reduce illegal immigration. By requiring home nation of illegal immigrants to pay for the financial burden placed on the American taxpayer. Each year some illegals pay no tax, some use stolen ID’s to file false taxes, and some an Individual Tax Identification Number (ITIN) to file taxes. One can now see, those who do file taxes either with stolen ID’s or with an ITIN still pay less into the federal government than they get back. In the end, currently it’s the American taxpayer that gets the overall bill.
Illegal aliens pay taxes by each year contributing their part to the economy with stolen Social Security ID’s or by a new form if ID established in previous years. Its purpose was to the US Treasury collect some of the money made by illegals unlawfully working in the country getting paid mostly in non-traceable cash transactions. As the Internal Revenue Service “Individual Tax Identification Number,” states:
. . . Individual Tax Identification Number program “IRS issues ITINs to help individuals comply with the U.S. tax laws. They are issued regardless of immigration status, because both resident and nonresident aliens may have a U.S. filing or reporting requirement under the Internal Revenue Code. . .
This ID was established to help illegal aliens among others have a tax ID to apply for jobs and pay revenue into the U.S. Department of Treasury. This is in fact violating 8 U.S.C. § 1324 relates to bringing in or harboring certain aliens (“Federal Law 8”). in the case of a violation in which the offense was done for the purpose of commercial advantage or private financial gain, be fined under title 18, imprisoned not more than 10 years, or both. What was the outcome? Business willing to look the other way and hire illegal aliens on to their staff for low wages. The low wage has driven down wages nationally and impacts U.S. Citizens trying to find jobs. US workers began losing jobs, businesses, homes because they could not complete with cheap illegal alien workforce.
The actual cost to the American taxpayer each year is grossly under reported and one has to dig deep and hard to find the data. One can however find the answer thanks to groups like the Federation for American Immigration Reform, also known as FAIR. They advocate for fair and legal immigration and have done scientific studies to explain. For example, “The Fiscal Burden of Illegal Immigration on the United States,” points out studies conducted from the Brookings Institute resulted in these findings:
. . . At the federal, state, and local levels, taxpayers shell out approximately $134.9 billion to cover the costs incurred by the presence of more than 12.5 million illegal aliens, and about 4.2 million citizen children of illegal aliens. . . ;That amounts to a tax burden of approximately $8,075 per illegal alien family member and a total of $115,894,597,664. . .
Breaking this kind of information down as an example, Boarder Patrol budget requested in 2018 for FY 2019, “Enforcement and Removal Operations Fiscal Year 2019,” “. . . The FY 2019 President’s Budget for ICE includes $8.3 billion in discretionary funding, reflecting a $967 million increase from the FY 2018 enacted budget. . .” (Albence) pp. 2. The nation is at an unsustainable level with these numbers. The bill goes to the American Taxpayer. With a deficit of $116 Billion a year, it would be in the best interest of the American taxpayer and Federal Government to recoup that money. By enforcing illegal immigration tariffs on the nations form where the illegal’s come and take away any federal aid money given to those countries until the dept is paid back and the burden removed from U.S. Citizens. At the current national debt level in America, if ever dollar each US Citizen owns were taken to pay back this debt. The Nation would still be in debt. In the article “What is the National Debt Today?,” The Peter G. Peterson Foundationclaims that “. . . America’s national debt is $26.4 Trillion, that comes to $80,228 for every single person in America. . .”
The Federal Government would need to remove all incentives continuing to encourage illegal immigration into the US. For this to be successful it would require two significant issues to be addressed. Birthright citizenship under the 14th amendment is the gateway drug if it were to be used in this context. With the abuse of the birthright citizenship clause in the 14th amendment comes the benefits entitled to US born children of non-US Citizens.
Children born in the US by non-citizens is a large reason why so many enter into the US Illegally or come to the US on vacation visas. Once the child is born and is an instant US Citizen the chance of deportation goes down significantly. As it reads in “Fourteenth Amendment and Citizenship:” . . . All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside. . .; Congress has the ability to legislatively refine clause one. . . For many years section one, clause one of the 14thamendment has been debated. Currently, most legal and constitutional scholars believe this clause to be vague. Those same scholars believe it is not currently being used as was originally intended. Weather by the stroke of a pen and executive order, or by a functioning congress; Legislative changes such as requiring at least parent be US Citizen in order for the birthright citizenship to apply.
Illegal aliens have become well informed and know if they have a child born in the US, that child would be entitled to benefits as a US Citizen. As it reads in “Birthright Citizenship in the United States” (Feere, 2010):
. . . The two citizenship benefits that have drawn the most attention in the birthright citizenship debate are, first, food assistance and other welfare benefits to which a family of illegal aliens would not otherwise have access. . .; Second, the ability of the child when he grows up to legalize his parents, and also to bring into the United States his foreign-born spouse and any foreign-born siblings. . .
One would have to ask, with benefits like free food, health care, and housing assistance; why bother following the legal process that takes years? It would be hard to imagine for someone living in poverty, turning down this kind of prospect for their children. What not pointed out to those who make the decision to migrate illegally is the price to be paid. For women, that price often turns out to be rape, physical and emotional abuse, and sometimes being sold into slavery. For families, the journey through hot, dry, dangerous desert crossing turns out to be death for the youngest children. Droning trying to cross the Rio Grande River is common for those not strong enough to survive the currents.
So, what is big picture of illegal immigration into the US? You find an unsustainable debt to the American taxpayer. Reduced wages, business lost by owners can’t complete with cheap labor of illegal aliens. You find under reported crime and even less reported the amount of American blood shed by illegal alien crime. Either from deaths of Americans by criminal illegal aliens, or opioid addiction and death by trafficking of lethal drugs like Fentanyl. You will find human trafficking of young women who may be found dead or never found again. It would seem the most logical and compassionate thing for all involved would be to fix broken immigration system and enforce laws that have been neglected for more than 30 years.
Albence, Matthew. “Enforcement and Removal Operations Fiscal Year 2019”, pg. 2, Immigration and Customs Enforcement, www.ice.gov/sites/default/files/documents/Speech/2018/180412albenceBenner.pdf. Accessed 5 July 2020
Binder, John. “Angel Dad Yet To See Real Justice for Daughter Killed By Illegal Alien.”Breitbart News, www.breitbart.com/politics/2019/06/16/angel-dad-yet-see-real-justice-daughter-killed-illegal-alien/. Accessed 8 July 2020.
“ArtiVI.C22.214.171.124 Supremacy Clause: Current Doctrine.” Constitution Annotated Analysis and Interpretation of the U.S. Constitution, constitution.congress.gov/browse/essay/artVI_C2_1_1_3/ALDE_00001028/. Accessed 23 June 2020.
“Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act.” U.S. Immigration and Customs Enforcement, www.ice.gov/287g. Accessed 23 June 2020.
“The Fiscal Burden of Illegal Immigration on the United States.” Federation for American Immigration Reform, www.fairus.org/issue/publications-resources/fiscal-burden-illegal-immigration-united-states-taxpayers. Accessed 5 July 2020
“Federal law 8 U.S.C. § 1324 Bringing in and harboring certain aliens,” US Code-U.S. House of Representatives,
uscode.house.gov/view.xhtml?req=(title:8%20section:1324%20edition:prelim). Accessed 8 July 2020.
“Fourteenth Amendment and Citizenship” Library of Congress,
www.loc.gov/law/help/citizenship/fourteenth_amendment_citizenship.php. Accessed 12 July 2020.
“Individual Taxpayer Identification Number” Internal Revenue Service,
irs.gov/individuals/individual-taxpayer-identification-number. Accessed 6 July 2020.
Feere, Jon. “Birthright Citizenship in the United States.” Center for Immigration Studies, 31 Oct. 2010,
cis.org/Report/Birthright-Citizenship-United-States. Accessed 12 July 2020.
“Kathryn Steinle, Shot Dead By Felon In San Francisco, Laid To Rest At Emotional Funeral: ‘I Just Feel That She’s Still Here.” Daily News, nydailynews.com. Accessed 8 July 2020.
“What is the National Debt Today.” Peter G. Peterson Foundation,
www.pgpf.org/national-debt-clock. Accessed 13 July 2020.