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Donald Kerwin

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Effective Immigration Enforcement, Not Failure to Enforce the Law

Posted: 10/06/11 12:27 PM ET

Effective law enforcement agencies establish appropriate priorities and commit their limited resources accordingly. They cannot prosecute every crime within their jurisdictions. More importantly, they know that zero-tolerance enforcement of the law (at best) offers diminishing returns and (at worst) leads to civil rights violations, punishes innocent people, and undermines the enforcement of other laws. Imagine the outcry, for example, if the Obama administration announced plans to expand the Internal Revenue Service in order to punish every business and individual that violated the tax code. Many would treat such an initiative as a threat to their fundamental liberties. Cooperation with government regulators would plummet. Americans want their laws enforced, particularly against egregious and repeat offenders, but also against sufficient numbers of run-of-the-mill offenders to deter noncompliance. However, they assume that the law will be enforced with discretion and intelligence.

This is what makes the reaction to the U.S. Department of Homeland Security's (DHS's) recent announcement on prosecutorial discretion so jarring. At issue is an August 18 letter by DHS Secretary Janet Napolitano to Senator Richard Durbin and 21 other Senators, which affirms the administration's commitment to prioritize the removal of repeat immigration violators and those that threaten public safety and national security. The letter announced the creation of an inter-agency working group to review court cases based on these criteria. DHS's priorities reflect the rationale for the agency's creation and represent a long overdue response to an under-resourced immigration court system that labors under a record 285,526 cases which have been pending an average of nearly 500 days. Rather than applauding the administration's announcement, however, Congressional and media critics have accused the administration of flaunting the Constitution by refusing to enforce the law.

Napolitano's letter affirms a July 2011 DHS memorandum that sets forth criteria for exercising prosecutorial discretion in individual immigration cases, but that explicitly does not require the favorable exercise of discretion, or prohibit the removal of "any alien" unlawfully in the country, or provide legal status by administrative fiat to any group. The memorandum emphasizes the need to ensure the "integrity of the immigration system." However, the DHS policy allows immigration officials to take into account factors like military service, poor health, long residence in the U.S., old age and the absence of connections to the country of birth in deciding whether to pursue removal in individual cases. In fact, DHS -- and the Immigration and Naturalization Service (INS) before it -- have always exercised discretion based on these kinds of factors.

The Obama administration supports an earned legalization program as part of a broad approach to immigration reform. It also supports the narrower DREAM Act, and Napolitano's letter repeats the President's position that it "makes no sense to expend our enforcement resources on low-priority cases, such as those... who were brought to this country as young people and know no other home." Nor does it make sense -- to cite just two additional examples -- to expend enforcement resources on most very long-term residents or on the family members of U.S. citizens or lawful permanent residents who have been found to qualify for immigrant visas. However, the administration's support for legislative reform has decidedly not stopped it from enforcing the law. At its current pace, the Obama administration will remove (deport) roughly 1.5 million persons over four years, compared to 2.3 million removals over the 20 years of the Reagan, George H.W. Bush, and George W. Bush administrations. In FY 2010 and FY 2011, it has also audited record numbers of corporations for violations of employer verification laws. Arrests of border crossers -- the one consistent metric of border enforcement success -- have plummeted from 1.7 million in FY 2000 to a projected 325,000 in FY 2011.

It has long been a ritual for Congressional oversight committees to castigate hard-working immigration officials for their putative incompetence and insufficient commitment to enforcing the immigration laws. In this case in particular, the accusations ring hollow. Nor are they lacking in irony. Members of Congress who supported President George W. Bush's signing statements -- in which he reserved the right not to enforce parts of laws in ways that he deemed an encroachment on Executive authority -- now criticize the administration for how it enforces the law. Law-and-order stalwarts oppose a policy that would prioritize the arrest and removal of convicted criminals and potential threats to national security. In 1999, Congressman Lamar Smith, who chairs the House Judiciary Committee, joined a letter urging Clinton Administration officials to exercise discretion in immigration cases that resulted from 1996 legislation that he championed. Yet 12 years later, he characterizes the administration's review process as a "perversion" of U.S. immigration law and sponsors legislation to strip the Executive's discretion in this area until January 21, 2013.

U.S. immigration policy still needs to be fixed. The American people would be better served if Congress worked towards constructive solutions to this challenge, rather than engaged in political theater. The administration is struggling to manage the immigration system absent legislative reform. Prioritizing the removal of dangerous criminals and potential terrorists is a step in the right direction.

 
Effective law enforcement agencies establish appropriate priorities and commit their limited resources accordingly. They cannot prosecute every crime within their jurisdictions. More importantly, the...
Effective law enforcement agencies establish appropriate priorities and commit their limited resources accordingly. They cannot prosecute every crime within their jurisdictions. More importantly, the...
 
 
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02:19 PM on 10/08/2011
Washington is afraid to defend the people of the United States against invading Latin Americans. It is that simple. Why is another matter.
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looneydoone
not a "cookie"
05:04 PM on 11/19/2011
Failed to read the article prior to posting your comment, didn't you ?
Illegal immigration from Mexico today is at a historic 40 year low.
The greatest surge in illegal immigration occurred 1995-2003 during the Clinton and GW Bush Administrations. It has declined every year since then.

There are however a large number of "illegals" left out of the anti immigration issue......39% (39 in every 100) of the approx 10 million "illegals" living in the USA today are NOT from Latin America.
Approx 3.9 million od those "illegals" arrived Visa in hand, and "overstayed" What about *them* ??
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Viper1st
multi quasi faceted
07:55 AM on 10/08/2011
Sept 2011, U.S Unemployment Rate released yesterday ~ yet, another month of 9.1% Unemployment

Another month of 14 million "voting" U.S. Citizens out of work in the USA ~ trying to feed, clothe, shelter & educated THEIR Childern with NO JOBS

“On December 3, Department of Homeland Security Assistant Secretary for Legislative Affairs, Nelson Peacock, responding to request from several U.S. Senators, including Sen. John Cornyn (R-TX), wrote: “Our conservative estimate suggests that ICE would require a budget of more than $135 billion to apprehend, detain and remove the nation’s entire illegal immigrant population.”

http://www.examiner.com/immigration-reform-in-national/dhs-confirms-cheaper-to-deport-every-illegal-alien-than-allowing-them-to-stay#ixzz1XkZwIm1v

Creating 5 million to 7 million existing jobs vacated by deporting 11.2 million illegals for $135 billion USD ~ sounds like a better investment for the U.S. Taxpayer

Than the $447 billion American Jobs Plan of 2011 ~ which "mirrors" the failed $787 billion ObamaStimu¬lus Plan of 2009, which cost the U.S. Taxpayer $393,500 for each of the 2 million jobs it lost
05:05 PM on 10/07/2011
Effectively that is what is being said when Ms. Napolitano states that we do not have the resources to deport all Illegal Immigrants is that there will never be a time when Comprehensive Immigration Reform that includes ANY type of forgiveness for entering the USA illegally will be possible. Deporting a small fraction of the 11 million people living illegally in the USA and saying "the system works" is a joke. Any Comprehensive Immigration Deal that is tough enforcement in return for some form of amnesty is doomed to failure, because after the deal, those same limited resources would still exist.
04:51 PM on 10/07/2011
Unemployed Americans must be thrilled to learn Illegal Immigrants who only take people’s jobs are not considered a threat. Per the Bureau of Labor Statistics Unemployment Report of October 7, 2011:

Construction and extraction occupations = 13.4% Unemployment
Farming, fishing, and forestry occupations = 11.2% Unemployment
Transportation, material moving occupations = 10.9% Unemployment
Production occupations = 10.4% Unemployment
Service occupations = 10.0% Unemployment

Total Adjusted US Unemployed Citizens and Legal Residents = 13,992,000
This figure and the above rates exclude 6,241,000 Persons who want a job but are left out of the above statistics for various reasons.
Total Number of Americans Looking for Work = 20,233,000
Plus that means the real unemployment rates for the occupations above are actually 45% larger when you include the excluded people.

Pew Center estimates indicate 7.5 million Illegal Immigrants work in the USA. A Pew study "estimated that illegal immigrants fill a quarter of all agricultural jobs, 17 percent of office and house cleaning positions, 14 percent of construction jobs and 12 percent in food preparation." That means 75 percent of all agricultural jobs, 83 percent of cleaning positions, 86 percent of construction jobs and 88 percent of the food preparation jobs are done by American Workers. These professions are where unemployment is worst for Americans.

Meanwhile Management, professional, and related occupations where few Illegal Immigrants work has a 4.4% Unemployment rate.

This disparity existed before 2007 so it cannot be blamed the Recession. All Illegal Immigration hurts.
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looneydoone
not a "cookie"
05:06 PM on 11/19/2011
Go after the EMPLOYERS
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Joel Wischkaemper
06:28 AM on 10/07/2011
Where Immigration and the Illegal Aliens are concerned, Obama is using a tea cup to put out a forest fire.

The illegal aliens are NOT in plain site. What they do under the table is not clear at all. Until they are removed, we won't find out either. So while some of those folks that seem so innocent are removed, some of those same folks have simply evaded detection. So using a tea cup to put out a fire is not the way to deal with this problem and particularly since the cost of the illegal aliens is so very high.
(This is the lowest estimate out there at this point...)
Illegal Immigration Costs U.S. $113 Billion a Year, Study Finds
Read more: http://www.foxnews.com/us/2010/07/02/immigration-costs-fair-amnesty-educations-costs-reform/#ixzz1YVQ19FPD

So... enforce the law and save money.. not lose money. But amnesty.. totally unacceptable to the People of this Country.
https://www.numbersusa.com/content/polls.html
11:13 PM on 10/06/2011
Why are we debating about US immigration laws, enforcement is what's needed , and vote left wing, Obama out in 2012!
12:36 AM on 10/07/2011
Bush's enforcement was even worse. What this article seems to be saying is don't deport anyone unless they are a threat. not how it works. Laws, as another poster said cannot be enforced selectivly. the is a problem, and the feds are not doing their job. so the states are strating to pickup slack. Unless feds are willing t pickup varuois costs fro illegals they should let states deal with which they are.
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Mark Lindley
10:07 PM on 10/06/2011
Just to clear up one thing. Illegal aliens cannot join our military so why would that be one of the acceptions to deporation?
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07:16 PM on 10/06/2011
We don't have an 'immigration problem'. We have a hiring practices problem.

It would take a fraction of the law enforcement resources to put 50 Fortune 500 CEOs in jail for hiring illegals - and the practice would soon stop.
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IllTakeTheRedEye
Do you know what a nonemployer business is?
06:04 PM on 10/08/2011
In terms of your 3rd sentence, I bet if you put just one in J for hiring illegals, and if it was all over the TV, that would be enough to cause all the others to change their practices. I do not believe you would need to go as high as you say, doing it to one would get all the others to take notice, especially if it were properly covered
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fb0252
05:18 PM on 10/06/2011
earned legalization. lol. why worry illegal. usa 2010 legal third world immigrant: 950,000
05:01 PM on 10/06/2011
I love it's always easiest to go down paths that hurt American workers. Importing labor is wage suppression. When the government imports labor they are changing the labor market, increasing the supply, which lowers demand (lowers wages).

The numbers speak for themselves. Wages are flat or falling for working class folks.
04:16 PM on 10/06/2011
"This is what makes the reaction to the U.S. Department of Homeland Security's (DHS's) recent announcement on prosecutorial discretion so jarring."

That is because the real reason to want the removal of immigrants is their skin color. All else is just smoke screen.
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fb0252
05:20 PM on 10/06/2011
no matter. uncle just win green card lottery in Nigeria. no need to be illigal. just apply legal. u get in!
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Mark Lindley
10:09 PM on 10/06/2011
Skin color? Are you still living in 1950's Selma, Alabama. FYI, we already have every skin color, race and ethnic group living here legally and illegal aliens don't all have the same skin color anyway. Race card, much?
04:04 PM on 10/06/2011
If a serious effort is made to secure the U.S./Mexico border, so many of these types of problems would be a lot closer to being solved. Unfortunately, nobody on either side of the aisle is truly interested in attempting anything that would prove effective. They leave the border essentially open and then sue any state that gets fed up their inattention and attempts a partial solution.
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Viper1st
multi quasi faceted
08:08 AM on 10/08/2011
Granted ~ The BHO Adm is setting record-breaking deportation of nearly 400,000 illegals annaully are being deported at a rate of 1 illegal every 79 seconds

However ~ recent reports of illegals crossing into the USA ~ illegally is down to just 325,000 illegal entries annually, that's an illegal entry every 97 seconds

Appears ~ that BHO Adm has a "revolving door" illegal immigration policy ~

1 illegal deported every 79 seconds

1 illegal imported every 97 seconds
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lrobb
Gold Standard = four paws and a tail
03:53 PM on 10/06/2011
Basically what Kerwin is saying is that law enforcement is a crapshoot by design. After all, no one expects laws to be rigorously enforced. If they were, we might actually have to think about the laws we pass before we vote for them.

Wink, wink, nudge, nudge. Just go ahead and vote for your colleague's law and make him look good to his constituents so he will do the same for you. Well, that's certainly going to improve our respect for both law and government now, isn't it?

How about this instead. We appoint a commission to go through our statutes with a fine tooth comb with the purpose of purging every single law ion the books which has been overtaken by history, technology or huge majorities of public opinion. Then before any new law is passed, the same commission must minutely inspect the proposed legislation for ease of enforcement and unintended consequences.

Maybe then we would quit prosecuting cute little girls for selling lemonade in their front yards and other equally silly infringements. In the process, we might actually have the time, personnel and cash to adequately enforce immigration laws which effectively bar entrance to the US to anyone who will use more taxpayer funded services than the taxes they will pay.
03:23 PM on 10/06/2011
"Imagine the outcry, for example, if the Obama administration announced plans to expand the Internal Revenue Service in order to punish every business and individual that violated the tax code. "

I can imagine Tim Geithner's outrage.
Or Charlie Rangel's.
Or Elizabeth Warren's
Or Cathleen Sibelius'
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William50
02:35 PM on 10/06/2011
Immigration is actually a fear of the Latino voting block destroying the power of both political parties.
In fact the largest truth is immigration will always and always happened and each group was shunned and beat down because of fear either because of religion or race it has nothing to do with the individual.
Now to absolutely scare the two absolute political parties to death is this fact, with the Latino vote and with the up set Average American vote and as there is no real Republican candidate nor will there be one it is possible that a new group with new ideas with a Latino as a candidate with the American-the Average American group can put a new team in the White House and upset the balance of power in Congress and in at least ten state legislatures.
For all the money and for all the twists once in the voting booth no one can tell you what is right or wrong and in 2012 it is time to Vote for this nation not a failed party.
VIVA THE REVOLUTION
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03:03 PM on 10/06/2011
You cannot compare the last ten year wave of illegal immigrants to those of the prior thirty years or more. The tired nonsense that 'they all just work and want a better life' is ridiculous if you know the numbers, and the numbers Are over seventy percent are on the dole. The numbers Are they are reproducing on average more than two people when they can't even pay for one. Welfare, soc sec disability, medical, education, crime/legal costs, that is Not free money.

It's time to stop giving the money. Those who act responsibly could be given work permits, but not citizenship. Laws need to be enforced and the free money has to stop.
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looneydoone
not a "cookie"
05:01 PM on 10/06/2011
"Illegal immigration from Mexico at 40 year low" headline , San Diego Union Tribune newspaper Fri 09 Sept 2011 www.uniontrib.com (search headline, or border issues)

The greatest surge in illegal immigration occurred between 1996-2003 (Clinton and GW Bush) It's been on the decline every year since.

Where's the source for your "70% are on the dole" or "the last 10 year wave of illegal immigrants to those of the prior thirty years or more" Facts don't back you up. Got sources? Links? Or just making stuff up as you post ?
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looneydoone
not a "cookie"
05:59 PM on 10/06/2011
1ccc1
Replying to your not yet posted comment to me

Hmmm Who to believe ? A Pulitzer Prize winning newspaper published in the USA's 8th largest City, which also sits on the US/Mexico border

Or your sources CIS, FAIR, Numbers USA ..all3 organizations founded in 1986 by one optometrist( who's name escapes me at the moment) who's stated purpose is to prevent the loss of a *white xtian minority* from occurring in the USA ? 3 organizations listed as "hate groups" by the SPLC

I'll go with the respected, and credible San Diego Union Tribune which has no agenda other than to objectively report facts
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lrobb
Gold Standard = four paws and a tail
03:57 PM on 10/06/2011
The oddest thing is that by a large majority Hispanic immigrants are extremely conservative in lifestyle, ethics and morals. They are one of the most family oriented and traditionally religious groups in the US. It took an incredible amount of work for the Republican Party to alienate the majority of our new Hispanic citizens, but they finally succeeded.
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Mark Lindley
10:15 PM on 10/06/2011
If the Republicans alienated Hispanics it is because they oppose illegal immigration. Now just who is wrong and who is right? Along with all the flowery compliments about Hispanics you failed to mention that many of them have a tribal mentality. Ethnicity first (including illegal foreigners), this country second. Nothing to brag about there.