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David Leopold

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Immigration 'Linsanity'

Posted: 02/19/2012 5:29 pm

Jeremy Lin is an unlikely superstar.

He received no athletic scholarships out of high school and was undrafted out of college. He started his pro-basketball career with the Golden State Warriors after he graduated from Harvard University in 2010. He was later waived by the Warriors and the Houston Rockets before joining the New York Knicks early this season.

Lin is one of the few Asian Americans in NBA history, and the first American player in the league to be of Chinese or Taiwanese descent. He is also the American-born son of Taiwanese immigrants.

But Lin might not be playing for the Knicks, or for any other team in the NBA, if the anti-immigrant restrictionists had their way.

Hiding behind a false veneer of moderation, retrictionist groups work to end virtually all immigration to the U.S., envisioning an America whose gates are closed to the best and brightest -- the scientists, entrepreneurs, artists and, yes, the athletes. The anti-immigrant nativists claim to stand for "legal immigration" which makes for an attractive sound bite until you read the fine print of their agenda. NumbersUSA, for example, calls for a "time-out" on practically all immigration. That extreme and economically dangerous position is echoed by other restrictionist groups like the Federation for American Immigration Reform (FAIR), which has been designated a hate group by the Southern Poverty Law Center.

The restrictionists cite the "rule of law" as the basis of their radical anti-immigrant agenda. Yet their commitment to it is hollow. In fact, they endeavor to eviscerate a core provision of the U.S. Constitution, the Fourteenth Amendment citizenship clause. Directly overruling the infamous Dred Scott decision and codifying the common law rule that a person born within the jurisdiction of the U.S. is an American citizen, the Fourteenth Amendment forms the cornerstone of American civil rights by ensuring due process and equal protection to all persons.

So, it is nothing less than shocking that today, after more than 150 years, during which time Americans have fought and died for the right to be free from slavery, discrimination, and other forms of degrading and inhumane treatment, we bear witness to the nativists' brazen attack on the Constitution's guarantee of citizenship.

Make no mistake, the enemies of constitutional citizenship are the same folks that engineered the draconian "Show Me Your Papers" laws in states like Arizona and Alabama. Yet while they strive to turn the clock back to 1867, when Dred Scott was the law of the land, they fail to cite a single credible study supporting their ill-advised position that gutting the Constitutional Citizenship Clause will fix any particular problem. Nor do they bother to explain exactly what problem it is they intend to solve.

If the anti-immigrant restrictionists truly believed in the rule of law they would embrace Constitutional Citizenship as it is enshrined in the Constitution -- the supreme law of the land. But their commitment to the rule of law is limited to phoney lip service. Their true objective is to halt virtually all legal immigration, particularly Latino immigration, even at the cost of abridging civil rights and returning our nation to the days of Dred Scott when people were viewed as commodities to be bought and sold and abused for a price.

Which brings me back to Jeremy Lin, the unlikely NBA superstar. In just the few short weeks that Lin has been playing he has lifted the spirits of basketball fans all over New York, something that hasn't been seen since the Knicks' glory days. But if the restrictionists had their way his story would not be possible and America would lose out, just as it does when it closes its doors to those seeking the American dream who, over the course of American history, have helped make this country the greatest country in the world.

Lin, an American-born son of Taiwanese immigrants, is one more shining example of the value of immigration. His contribution is a gift, a blessing for all Americans to cherish and enjoy.

 

Follow David Leopold on Twitter: www.twitter.com/DavidLeopold

Jeremy Lin is an unlikely superstar. He received no athletic scholarships out of high school and was undrafted out of college. He started his pro-basketball career with the Golden State Warriors a...
Jeremy Lin is an unlikely superstar. He received no athletic scholarships out of high school and was undrafted out of college. He started his pro-basketball career with the Golden State Warriors a...
 
 
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01:47 AM on 02/22/2012
If an organization as inconsequential as the NBA can call "time out" during any of its games why can't ANY NATION do the same with any domestic policy it deems worthy of such a call. That's the whole POINT of having a nation!
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HUFFPOST SUPER USER
frankg3400
08:30 PM on 02/21/2012
You talk about what the US military fought for, but yet you condone an invasion from the south which the citizens of this country are financing and most of which barely have an 8th grade education. Coming from a family that has lost members to wars and many other veterans including myself are tired of being told to go back to Europe, that we don't belong here, that this is not our country. Is that what the US military members have fought for, to hand over the keys?

As far as legal immigration which Americans don't have a problem with in general, however, our legal immigration numbers are horrendous. The levels are 10 times what they were from the 1940's to the 1970's and currently we have to create 125,000 jobs per month just to keep up with the current influx of legal immigration. We have stopped legal immigration in the past until things righted itself and there isn't a problem to slow it down now until the United States gets back on it's feet again. Also, I won't even get into multiculturalism being pushed on the US and Europe by a certain group.
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HUFFPOST BLOGGER
David Leopold
Past president, American Immigration Lawyers Assoc
06:47 AM on 02/22/2012
What exactly do you mean by "invasion from the south"?

It may be instructive to take a look at the facts. Illegal immigration is down substantially--in fact, the Department of Homeland Security reports that numbers of illegal migrants are down to levels not seen since the 1970s when Nixon was president. http://wapo.st/v1sb4Q

It also may be helpful to look beyond the easy talking point that immigration is a zero sum game when it comes to jobs--that each job an immigrant takes costs a US worker a job opportunity. The facts say otherwise. Here are the facts--also available at http://bit.ly/hNwZze

--Immigration does not cause unemployment;

--Immigrants actually create jobs as consumers and entrepreneurs;

--Immigrants and native-born workers are usually in different job markets, so they don’t compete;

--Immigration actually gives a small wage increase to the vast majority of native-born workers.
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Jerry Bourbon
04:33 PM on 02/21/2012
TWENTY FIVE percent of Major League Baseball players were born abroad.

What is your point?
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HUFFPOST SUPER USER
Jerry Bourbon
10:47 AM on 02/21/2012
Lin's parents immigrated here LEGALLY.

What is your point?
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HUFFPOST BLOGGER
David Leopold
Past president, American Immigration Lawyers Assoc
04:24 PM on 02/21/2012
The point? Two points: 1) restricting immigration to near zero, as the restrictionists want to do, is bad for America; and 2) constitutional citizenship is part and parcel of our democracy.
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Jerry Bourbon
04:31 PM on 02/21/2012
Lin was born in the United States to two legal permanent residents, making him a citizen.

What is your point?
matt50
Every job isa selfportrait of the person who did i
05:32 PM on 02/21/2012
Mr. Leopold, we all know the real problem is crossing the borders illegally. Most Americans have a problem with this, most or all Americans don't have a problem with immigrants entering this country legally.
08:13 AM on 02/21/2012
ILLEGAL ALIENS and those who hire them are the target of these laws that you are so upset with. If the federal government enforced its own laws these states wouldn't have to protect themselves with these laws. We are spending BILLIONS of dollars on ILLEGAL ALIENS. Our health care and educational systems are being sucked dry by ILLEGAL ALIENS. We need to do something about it.
Who knows, if people like you had there way. an ILLEGAL ALIEN would have taken Lin's place at Harvard and he would have never made it the NBA. Ever think about that one.
07:18 AM on 02/21/2012
If a few immigrants do us some good that doesn't mean we should open the floodgates to everyone. Currently we're getting so many immigrants that the costs far outweigh any benefits. Now, immigration is great for employers, but terrible for everyone else. When you consider employment, education and health costs, language issues, use of govt services, population congestion­, terrorism, disease, etc.how can you come to any other conclusion? Just think how nice it must be for employers to compete US workers against the entire world thru easy immigration.

It's a situation only an employer could love. We let in staggering numbers of foreigners in both high and low income profession­s under worker visas such as H-1B, L1, OPT, H-2B, etc. Of course these workers "coinciden­tally" come in very high percentage­s from the low wage countries such as India (forget higher wage Japan or Western Europe). Anyone think THAT'S an accident? Employers love it because the visa terms make it very difficult to switch employers. They have captive indentured workers for years to come.

We so much need to reduce BOTH legal and illegal immigration!
01:35 AM on 02/21/2012
Birthright citizenship is for children of citizens. Illegals have jumped on this to get their feet in the door of "my child is a citizen here and I need to stay and take care of him". They know how to milk us. Once they've take advantage of the free medical care (only for illegals, not citizens) they jump into the welfare line, collecting that and food stamps. Why do you suppose California is going bankrupt? http://www.judicialwatch.org/blog/2009/07/illegal-aliens-get-monthly-welfare-checks-0/ There are plenty of other articles showing how expensive that "cheap" labor is. http://articles.latimes.com/2010/sep/05/local/la-me-illegal-welfare-20100906
04:04 AM on 02/21/2012
About five years ago, too young for medicare and without health insurance, I had to go to an urgent care facility about 100 miles north of our shared border with Mexico. The waiting area was jammed with Mexicans. When the doctor got to me, he treated me and recommended follow-up care from my regular physician. I explained that I did not have one and would have to do without. He told me, straight out and with a good deal of bitterness, that if I were an illegal alien my medical treatment would not have cost me anything, nor would the follow-up care. But I was only a citizen.
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01:27 AM on 02/21/2012
This is a great article. So true!!! I only wish more people would see the fallacy of the anti-immigrant argument.
02:15 AM on 02/21/2012
Dear confused person: What Fallacy??? I haven't found anything that helps our country and its citizens when it comes to unchecked immigration. If we let all the people in that wish to come, we would turn into an instant third world country. We are moving in that direction already. 10 years ago we were #1 in education. Now we are #16. Unchecked immigration has contributed because the school classes are slowed down trying to teach to people that have limited understanding of English.
01:08 AM on 02/21/2012
Why does HP allow people like Leopold to print their misrepresentations of the truth here? Look at his job title. He is afraid of losing business if the laws on immigration are enforced.

One only needs to go to the web sites of the groups mentioned to see the truth of what they are advocating. I'm glad to see sites like NumbersUSA.com that stick up for citizens and the USA. We do not have unlimited resources to allow unlimited immigration. Can you allow people to keep moving into your house with no limits on how many? Our country is certainly bigger than your house but the strain on resources is the same.

With 23 million citizens out of work, we can't support more people nor do we need more to compete with for jobs.
08:27 PM on 02/20/2012
[continued]

There's nothing sacred about birthright citizenship: If the citizens think there is a better way, there's no special reason not to change it. It's not a civil liberty like the First or Fourth Amendments: It's simply one of two basic ways to do citizenship. Open border activists just like that it results in higher immigration; their sanctimony about the issue and demagoguery over it is because they fear people taking a critical look. If we didn't have birthright citizenship, they'd be pushing hard for it so it's hypocritical for them to act like the other way around is somehow outrageous or "shocking".

"returning our nation to the days of Dred Scott when people were viewed as commodities to be bought and sold and abused for a price."

Did the author seriously just say that "restrictionists" (anyone who is for less than unlimited immigration?) support slavery? Do you know what views people "as commodities to be bought and sold and abused", i.e., slaves? Guest worker programs!

http://www.splcenter.org/get-informed/publications/close-to-slavery-guestworker-programs-in-the-united-states

http://www.huffingtonpost.com/michelle-chen/guest-workers_b_1286251.html?ref=immigration


"Radical anti-immigrant agenda"? It's not these horrible "restrictionists" who are pushing such programs which are an integral part of the "comprehensive immigration reform" bills. Naturally, it's the analogical slave owners (employers) and slave traders (immigration lawyers). I wonder how many of those calling for CIR understand how exploitative the guest worker component is.
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01:25 AM on 02/21/2012
You're wrong about everything you're saying. America would have a caste system if we abolished the 14th Amendment. For the first time in American history children would be born to no country. It makes no sense and will not solve any problems. Immigrants are not the cause of unemployment, if you lost your job that's your problem, not some innocent immigrant's fault. Americans need to stop whining and start looking for work! Maybe if they didn't spend all day writing hateful stuff about immigrants on the Huffingtonpost they'd actually find a job and get to solving the economic crisis.
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nasknit
Freedom isn't free.
05:24 PM on 02/21/2012
Tell that to unemployed construction workers! IF you survive, let us know how it turned out.
07:03 PM on 02/21/2012
No one wants to abolish the 14th Amendment. We simply know there are legal channels by which immigrants enter this country and we expect them to be followed. We welcome those who want to come here and contribute. We do not welcome law breakers. One cannot enter this country illegally and be anything but a law breaker. As far as legal immigration goes, the number allotted to come in each year should depend directly on the need for such positions. As long as Americans with comparable skills are out of work, then immigration on technical visas should be adjusted accordingly. We should take care of our own first.
08:17 PM on 02/20/2012
Lots of simplistic and fallacious arguments in this article, but let's start with
"But Lin might not be playing for the Knicks, or for any other team in the NBA, if the anti-immigrant restrictionists had their way."

This is one of the unlimited immigrationists' oldest and most simplistic favorites. If we exclude even a single person from coming to the U.S., that person might be "the next Einstein". What's silly about it is that by the same logic we should let no one in because the first person might be a serial killer. You don't make rational policy based on needles, good or bad, in the haystack. The practical issue is that the haystack is about 6 1/2 billion people (and growing rapidly). It's simply not realistic to try to capture all the good needles but somehow that never occurs to unlimited immigrationists because they are ideologues, not pragmatists.

------

"after more than 150 years, during which time Americans have fought and died for the right to be free from slavery, discrimination, and other forms of degrading and inhumane treatment, we bear witness to the nativists' brazen attack on the Constitution's guarantee of citizenship."

Non sequitur. Slavery, discrimination, etc. have nothing to do with jus sanguinis vs. jus soli. The trend is countries moving away from birthright citizenship and that does not result in degrading and inhumane treatment. Polls indicate a majority of Americans think birthright citizenship is not what we should have.
05:03 PM on 02/20/2012
I believe David Leopold is the former president of the Immigration Lawyers Association, which might as well be called the 'Open Borders Lawyers Association.' And there is the all too predictable quoting of the Southern Poverty Law Center, which by now has probably classified the characters on Sesame Street as making up a dangerous "hate group." But who bothers to keep track any more, except for the loving professional anti-haters, who busy themselves spreading charges of "hate." Hypocritical? You be the judge.

Apparently whatever number of immigrants we are accepting per year, even if it were 100 million, that number immediately becomes magically blessed with "compassion" fairy dust. So if anyone were to politely raise there hand, and for reasons of the high number of unemployed Americans, environmental protection, etc., were to propose we only import 999,999,999, they would be answered with horrified cries of 'Hate!' and 'Anti-immigrant!" Fortunately such McCarthyite tactics are scaring fewer people all the time.
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Giglawyer
Lions are unconcerned with the opinions of sheep.
04:50 PM on 02/20/2012
Wow- I have heard of jumping on a bandwagon, but eh author here is REALLY making a stretch.
04:35 PM on 02/20/2012
I think our Country should stop all immigration from all Countries until we get back on our feet, and put 20 million American's to work full time. We need to use E-Verify to send all 20 to 30 million illegal Mexican's back across the border, and put more military on the border fence, plus finish putting the rest of the fence up.
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NOVEMBER1944
03:48 PM on 02/20/2012
Whart a pack of lies.The guy who wrote this should be fired. No one is trying to stop people from coming to this country, they are asking it bve legally and to stop illegals from not going by the process that millions of other hard working immigrants have done. They want the ones with prison records and gan members tossed out . They want the free free to stop especially right jow with people losing homeand no jobs. We are NOT asking that all visa people be thrown out nor are we asking that all immigration stop.This is a silly article written by a man who probably has illegals cleaning his house and mowing his lawn or is married to one and that is the only reason he is saying this stuff. We are all from immigrants unless you are an American Indian. There were no laws then ,there are now laws and they have ti be obeyed not spit at and people asking the laws be enforced are not in the wrong. Those who are in the wrong are those who are breaking these laws and those who are defending those who are spitting at our laws and constitution.