| Topic: |
Politics > Politics-USA |
| User: |
"Tiny Human Ferret" |
| Date: |
24 Nov 2005 11:53:43 AM |
| Object: |
Re: Upon reading the True Enforcement Bill for myself... |
Alcibiades wrote:
<snips>
Here is a PDF of the True Enforcement bill, incidently:
http://www.vdare.com/mann/HR4313.Working.Copy.pdf
Please see .sig.
There are a few holes in this, one of which is large enough through
which to drive a tractor-trailer with an oversized load:
Subtitle B Sec 211 (e)
(e) WAIVER AVAILABLE. If the President deter-
mines in writing, with respect to a fiscal or calendar year,
that a waiver of one or more of the amendments made
by this section is desirable and would not threaten the na-
tional security of the United States, the President may
waive the effectiveness of such amendment or amendments
with respect to such year.
However, there's something very nice indeed, at:
Subtitle B Sec 213 (a)
SEC. 213. STATE AND LOCAL LAW ENFORCEMENT PROVI-
SION OF INFORMATION REGARDING ALIENS.
(a) VIOLATIONS OF FEDERAL LAW. A statute, pol-
icy, or practice that prohibits, or restricts in any manner,
a law enforcement or administrative enforcement officer
of a State or of a political subdivision therein, from enforc-
ing Federal immigration laws or from assisting or cooper-
ating with Federal immigration law enforcement in the
course of carrying out the investigative or enforcement du-
ties of the officer or from providing information to an offi-
cial of the United States Government regarding the immi-
gration status of an individual who is believed to be ille-
gally present in the United States, is in violation of
section 3 642(a) of the Illegal Immigration Reform
and Immigrant 4 Responsibility Act of 1996
(8 U.S.C. 1373(a)) and section 5 434 of the
Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1644). 7
More importantly, Sec 213 (b) 1. states:
(b) STATE AND LOCAL LAW ENFORCEMENT PROVI-
SION OF INFORMATION ABOUT APPREHENDED ILLEGAL
ALIENS.
(1) PROVISION OF INFORMATION.
(A) IN GENERAL. In order to avoid a
sanction under paragraph (4), each law enforce-
ment agency of a State or of a political subdivi-
sion therein shall provide to the Department of
Homeland Security the information listed in
paragraph (2) for each alien who is 14 years of
age or older, who is apprehended in the juris-
diction of such agency, and who cannot produce
the valid certificate of alien registration or alien
registration receipt card described in
section 21 264(d) of the Immigration and
Nationality Act 22 (8 U.S.C. 1304(d)).
The sanctions have actual teeth:
(4) SANCTION. A law enforcement agency of a
State or a political subdivision therein that
willfully fails to provide the information
required under paragraph (2) in accordance
with this section shall be ineligible to receive
Federal funds otherwise authorized under
(A) the State Criminal Alien Assistance Program
described in section 241(i) of the Im-
migration and Nationality Act (8 U.S.C. 1 1231(i));
or
(B) under any grant program authorized
under title I of the Housing and Community
Development Act of 1974
(42 U.S.C. 5301 et 5 seq.).
Further, to enable the speedy processing of illegal aliens encoutnered
in remote locations:
SEC. 223. INSTITUTIONAL REMOVAL PROGRAM.
(d) TECHNOLOGY USAGE. Technology such as
videoconferencing shall be used to the maximum extent
practicable in order to make the Institutional Removal
Program (IRP) available in remote locations. Mobile ac-
cess to Federal databases of aliens, such as IDENT, and
live scan technology shall be used to the maximum extent
practicable in order to make these resources available to
State and local law enforcement agencies in remote loca-
tions.
Ww do, I must add, get some real beauty here:
Subtitle D State, Local, and Tribal
Enforcement of Immigration Laws
SEC. 231. CONGRESSIONAL AFFIRMATION OF IMMIGRATION
LAW ENFORCEMENT AUTHORITY BY STATES
AND POLITICAL SUBDIVISIONS OF STATES.
Notwithstanding any other provision of law and re-
affirming the existing inherent authority of States, law en-
forcement personnel of a State or a political subdivision
of a State have the inherent authority of a sovereign entity
to investigate, identify, apprehend, arrest, detain, or
transfer to Federal custody aliens in the United States
(including the transportation of such aliens across State
lines to detention centers), for the purpose of assisting in
the enforcement of the immigration laws of the United
States in the normal course of carrying out the law en-
forcement duties of such personnel. This State authority
has never been displaced or preempted by a Federal law.
Further,
SEC. 232. IMMIGRATION LAW ENFORCEMENT TRAINING OF
STATE AND LOCAL LAW ENFORCEMENT PERSONNEL.
[ ... ]
(c) CLARIFICATION. Nothing in this Act or any
other provision of law shall be construed as making any
immigration-related training a requirement for, or pre-
requisite to, any State or local law enforcement officer ex-
ercising the inherent authority of the officer to investigate,
identify, apprehend, arrest, detain, or transfer to Federal
custody illegal aliens during the normal course of carrying
out the law enforcement duties of the officer.
Absolute beauty is contained in:
SEC. 233. COMMUNICATION BETWEEN GOVERNMENT AGENCIES AND
THE DEPARTMENT OF HOMELAND SECURITY.
Section 642 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is
amended by adding at the end the following new sub-sections:
(d) ENFORCEMENT.
(1) INELIGIBILITY FOR FEDERAL LAW ENFORCEMENT AID.
Upon a determination that any person, or any Federal,
State, or local government agency or entity, is in violation of
subsection (a) or (b), the Attorney General
shall not provide to such person, agency, or entity
any grant amount pursuant to any law enforcement
grant program carried out by any element of the
Department of Justice, including the program
under section 241(i) of the Immigration and Nationality Act
(8 U.S.C. 241(i)), or pursuant to
any grant program authorized under title I of
the Housing and Community Development Act of 1974
(42 U.S.C. 5301 et seq.), and shall ensure that
no such grant amounts are provided, directly or indirectly,
to such person, agency, or entity. In the case of
grant amounts that otherwise would be provided to such
person, agency, or entity pursuant to a formula,
such amounts shall be reallocated among eligible recipients.
(2) VIOLATIONS BY GOVERNMENT OFFICIALS.
In any case in which a Federal, State, or
local government official is in violation of
subsection 5 (a) or (b), the government agency
or entity that employs (or, at the time of the violation,
employed) the official shall be subject to
the sanction described in paragraph (1).
(3) DURATION. The sanction described in 10 paragraph (1)
shall remain in effect until the Secretary of Homeland
Security determines that the person, agency,
or entity has ceased violating sub-sections (a) and (b).
(e) PRIVATE RIGHT OF ACTION.
A citizen or national of the United States who is
domiciled in a State or in a political subdivision
of a State shall have a right of action in the
United States district court of the State in which
such citizen or national is domicilied to obtain
declaratory and injunctive relief to remedy a violation of
subsection (a) or (b) by an agency, agent, or official of
the State or political subdivision.
Basically, the cops can enforce the law or they do not get paid. Their
superior officers will order the cops to enforce the law or neither the
cops nor their superior officers get paid. The county that pays the cops
will not get paid if the cops do not enforce the law. In particular,
these counties especially won't get their funds to provide public
housing for _anyone_ until and unless the cops start enforcing the law
and removing _illegal aliens_ from public housing and public-assistance
programs.
Furthermore, the private citizen has full rights to action in the US
District Court, effectively stripping all claims from the States and
Counties of "sovereign immunity". The States and Counties _will_ be
listening to their citizens' demands, once they can be sued.
Speaking of getting sued -- or being immune ot lawsuit:
SEC. 235. IMMUNITY
(a) PERSONAL IMMUNITY.
Notwithstanding any other provision of law,
a law enforcement officer of a State, or of
a political subdivision of a State, shall be immune,
to the same extent as a Federal law enforcement
officer, from personal liability arising out of the
enforcement of any immigration law. The immunity
provided by this subsection shall only apply
to an officer of a State, or of a political subdivision
of a State, who is acting within the scope of
such officer's official duties.
(b) AGENCY IMMUNITY.
Notwithstanding any other provision of law,
a law enforcement agency of a State, or of
a political subdivision of a State, shall be immune
from any claim for money damages based on Federal, State,
or local civil rights law for an incident arising
out of the enforcement of any immigration law,
except to the extent that the law enforcement officer
of such agency, whose action the claim involves,
committed a violation of Federal, State, or local
criminal law in the course of enforcing such immigration law.
Clearly this last part needs to be clarified; there's a gaping loophole
which allows State or political subdivisions to make all acts pursuant
to enforcing immigration laws into criminal violations. Of course, at
that time, the State or political subdivision stops getting paid.
Other lovely elements include a clarification of "subject to the
jurisdiction of the United States" as seen in Amendment 14 of the US
Constitution to include as US citizens by birthright only those born to
citizens or to persons lawfully resident in the USA; an extreme
tightening of the Temporary Protected status, effectively requiring TP
refugees to return home as soon as the disorder is over and raising the
status of ground for refugee admission from "disruption of life" to
"destruction of homes and businesses", and further bars automatic
conferral of TP status to persons illegally in the USA on the day
blanket amnesties were issued on a TP basis; allows for
exclusion/revocation of TP status if the alien commits _any crime_;
prohibits _anyone_ from converting TP to Resident status; almost
entirely strips authority for "PRUCOL" aliens by repealing 8 USC 1255(i).
Under Employment, it expands the PILOT right-to-work program to all
States and territories and makes is _mandatory_ rather than voluntary.
It appears to fully close the long-lamented "Form I-9 counterfeit ID
exemption and 'how could I have possibly known' immunity from
prosecution". It also requires issuance of a new Social Security Card
which conforms fully to the REAL ID standards, with clear markers such
as different colors to differentiate between Citizens, and Aliens
Authorized to Work.
As to the inevitable complaints about "it's a national identity card",
SUBTITLE C
SEC. 424. RESTRICTION ON ACCESS AND USE;
NO NATIONAL IDENTIFICATION CARD.
17 Section 405(c)(2) of the Social Security Act
(42 18 U.S.C. 405(c)(2) is amended by adding at the end
the following new subparagraph:
(I)(i) Access to any information contained
in the Alien Work Eligibility Database shall be
prohibited for any purpose other than the
administration or enforcement of Federal
immigration, social security, and tax laws,
unless otherwise authorized by Federal law.
(ii) Nothing in this Act may be construed
to require the presentment of a social security
card for any purpose other than administration
or enforcement of the social security and
immigration laws of the United States, or to
establish the social security card as
a national identification (ID) card.
(J) No person or entity may
(i) use the information in the
Alien Work Eligibility Database for any purpose
other than as permitted by Federal law;
or (ii) require that any person present
or carry on his person a social security card
for any purpose other than as permitted by
Federal law. Whoever knowingly uses,
discloses, publishes, or permits the
unauthorized use of information in
the Alien Work Eligibility Database in violation
of this section shall be fined not more than $10,000,
by the Social Security Administration.
Sixty percent of any such fine imposed shall be
awarded to each individual injured
by such violation.
Further, Immigration/Homeland Defense are required to share their
information not merely with Social Security (and vice-versa), but with
the Internal Revenue Service, which also shares and coordinates
information with the other two agencies.
A whole slough of regulation adjustments eliminates tax-deductions for
illegal aliens and also prohibits the use of the taxpayer-identification
number ("TIN") by illegal aliens.
The "matricula consular" as presently used is rendered invalid, unless
it is presented with current documentation establishing legal presence
in the USA at the time of presentation. A list of acceptable documents
and doc-types is detailed along with a verification channel available
and no cost.
What I really like is this:
SEC. 443. BIRTH CERTIFICATES.
(a) MINIMUM STANDARDS FOR FEDERAL RECOGNITION.
(1) IN GENERAL. A Federal agency may not
accept, for any official purpose,
a birth certificate issued by a State
to any person unless the State satisfies
the requirements of this section.
(2) STATE CERTIFICATIONS. The Secretary of
Homeland Security shall determine whether
a State is meeting the requirements
of this section based on certifications
made by the State to the Secretary.
Such certifications shall be made at such times
and in such manner as the Secretary,
in consultation with the Secretary of
Health and Human Services,
may prescribe by regulation.
(3) MINIMUM DOCUMENT STANDARDS.
(A) IN GENERAL. Each birth certificate
issued to a person by the State shall be
printed on safety paper and shall include
the seal of the issuing custodian of record
and such other features as the Secretary
determines necessary to prevent tampering,
counterfeiting, or otherwise duplicating the
birth certificate for fraudulent purposes.
The Secretary may not require birth certificates
issued by all States to conform to a single design.
(B) ELECTRONIC ISSUANCE AND TRACKING SYSTEM.
The Secretary of Homeland Security, in
consultation with the Secretary of Health
and Human Services and the Commissioner of
Social Security, shall develop an electronic
system for issuing and tracking birth certificates
so that entities requiring such documents can
quickly confirm their validity.
The criminal penalties provisions are rather stiff. For example,
TITLE V SUBTITLE A
(d) CRIMES OF VIOLENCE.
(1) IN GENERAL. Title 18, United States Code,
is amended by inserting after chapter 51 the following:
CHAPTER 52 ILLEGAL ALIENS
SEC. 1131. ENHANCED PENALTIES FOR CERTAIN CRIMES
COMMITTED BY ILLEGAL ALIENS.
(a) Any alien unlawfully present in the United States,
who commits, or conspires or attempts to commit,
a crime of violence or a drug trafficking offense
(as defined in section 924), shall be fined
under this title and sentenced to
not less than 5 years in prison.
(b) If an alien who violates subsection (a)
was previously ordered removed under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.)
on the grounds of having committed a crime,
the alien shall be sentenced to
not less than 15 years in prison.
(c) A sentence of imprisonment imposed under this
section shall run consecutively to any other sentence
of imprisonment imposed for any other crime.
Further, there is a specific section on deportability and
inadmissibility of illegal aliens in Gangs; additionally, there is
enhanced mandatory detention of suspected criminal street gang members.
Bye Bye, Mara Salvatrucha.
Further, criminal aliens are now formally ineligible for asylum, refuge,
or protected status.
All in all, it's an extremely fine product of our estimable lawmakers.
Please contact your elected representatives and demand their support for
this fine piece of legislation.
This needs to be signed by the President in early January 2006.
<snips>
--
To study and not think is a waste.
To think and not study is dangerous.
-- Confucius, _Analects_, 2:15
.
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| User: "Alcibiades" |
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| Title: Re: Upon reading the True Enforcement Bill for myself... |
24 Nov 2005 02:15:42 PM |
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On Thu, 24 Nov 2005 12:53:43 -0500, Tiny Human Ferret
<ixnayamspay_klaatu@earthops.net> wrote:
It would be most useful to people other than we few wonks to summarize
the bill rather than full chunks of code, but it's good analysis, you
note a few things I read straight through.
There are a few holes in this, one of which is large enough through
which to drive a tractor-trailer with an oversized load:
Subtitle B Sec 211 (e)
(e) WAIVER AVAILABLE. If the President deter-
mines in writing, with respect to a fiscal or calendar year,
that a waiver of one or more of the amendments made
by this section is desirable and would not threaten the na-
tional security of the United States, the President may
waive the effectiveness of such amendment or amendments
with respect to such year.
I noticed, and it made me wonder what Hunter has in mind. Is there
some circumstance in which people like us would want a President to do
this? I suppose there is. Is it important to grant things like this in
legislation that we really intend to have passed by Congress? Yeah,
probably.
It's hard to imagine anyone but Bush having the shear, whatever you
call it, to waive sections for purposes of assisting Illegals
employers. But then I wouldn't have predicted a Prez quite like Bush
either.
Other lovely elements include a clarification of "subject to the
jurisdiction of the United States" as seen in Amendment 14 of the US
Unfortunately, this is going to be major grist for the... I can't
think of the word for them. The "Oh My God!" People.
"Oh My God, you can't do THAT!"
They can't explain exactly why you shouldn't do that, other than
bombastic emotional allusions. Nothing cogent and sober and one with
cause & effect. Just "Oh My God!". Those people.
This bill is going to be LIED LIED LIED about, utilizing the Oh My God
effect. Unfortunately, as we just witnessed in California, most people
really are meatheads, suceptable to any lies you want to tell them in
TV ads.
Elsewhere in the bill he makes all its parts severable. I don't want
anything lost, but I don't want the rest of it lost in court either.
Under Employment, it expands the PILOT right-to-work program to all
States and territories and makes is _mandatory_ rather than voluntary.
It appears to fully close the long-lamented "Form I-9 counterfeit ID
exemption and 'how could I have possibly known' immunity from
prosecution". It also requires issuance of a new Social Security Card
which conforms fully to the REAL ID standards, with clear markers such
as different colors to differentiate between Citizens, and Aliens
Authorized to Work.
If there were nothing else in the bill but this, followed by the
authorizations to enforce it, it would be an uber bill. The Cheap
Labor Lobby will depise the bill just for this. But they will fight it
regardless. Just like the "Oh My God" people.
All in all, it's an extremely fine product of our estimable lawmakers.
Please contact your elected representatives and demand their support for
this fine piece of legislation.
This needs to be signed by the President in early January 2006.
Don't get ahead of yourself. It's possible that it will be passed in
the House in, very roughly, the form it has now. The Senate is
something else. Every stop, every last stop and every last dollar
they've stolen from us via illegal labor, will be pulled by the Cheap
Labor Lobby to make their boys and girls do what they want in the
Senate.
This will have to get grassroots lobbying support that will make our
past successful lobbying seem almost trivial. I think they will have
to feel, quite literally and in their bones, that a middle-american
revolt is ready to spring upon their refusal. Not simply a threat of
it, not a party calculation, but real trepidation.
<snips>
.
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| User: "Tiny Human Ferret" |
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| Title: Re: Upon reading the True Enforcement Bill for myself... |
24 Nov 2005 03:21:55 PM |
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Alcibiades wrote:
On Thu, 24 Nov 2005 12:53:43 -0500, Tiny Human Ferret
<ixnayamspay_klaatu@earthops.net> wrote:
<snips of fine comments>
This needs to be signed by the President in early January 2006.
Don't get ahead of yourself. It's possible that it will be passed in
the House in, very roughly, the form it has now. The Senate is
something else. Every stop, every last stop and every last dollar
they've stolen from us via illegal labor, will be pulled by the Cheap
Labor Lobby to make their boys and girls do what they want in the
Senate.
I have just had an astonishing flash of the most profound paranoia and
cynicism, or maybe I really _do_ understand How Washington Works...
Okay, here it is, science fiction, no doubt: The reason for the sudden
desperation in Congress over the war in Iraq is not the casualties, not
the cost, not the international embarassment of getting our asses kicked
by a couple of dozen Islamic extremists. Nay, it is all about how
Sensenbrenner pushed the REAL ID Act through last year by attaching it
to the Defense Appropriations Bill, which was absolutely must-pass
legislation.
Knowing that this fine and lovely bill just Exceptionally Full of
Justice and Rightness would eventually make it to the full House and
Senate, _and_ knowing that it will inevitably be attached to must-pass
legislation, the only strategy for the Open Borders idiots is to make
sure that there's no must-pass legislation. The only legislation that
would be must-pass, now that the budget is basically settled, would be a
defense-appropriations bill. Therefor, the strategy is to get us out of
the war ASAP, so that there's no must-pass status for defense
appropriations.
Of course, this could backfire: without the war in Iraq to distract the
American voting public, there simply is no issue capable of distracting
from the need for significant Immigration Reform. And that's all this
bill is, H.R. 4313 is pure "fixing all the known problems" legislation.
I can't imagine that its opponents want there to be nothing on the minds
of the voters, other than keeping track of who's for it and who's
against it, and faxing and phoning them night and day pressuring them to
pass it or get voted out of office regardless of how much the
corporations fund their campaigns.
--
The incapacity of a weak and distracted government may
often assume the appearance, and produce the effects,
of a treasonable correspondence with the public enemy.
--Gibbon, "Decline and Fall of the Roman Empire"
.
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| User: "Lets Roll" |
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| Title: Re: Upon reading the True Enforcement Bill for myself... |
25 Nov 2005 08:50:55 AM |
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"Tiny Human Ferret" <ixnayamspay_klaatu@earthops.net> wrote in message
news:43862EF3.4040403@earthops.net...
Alcibiades wrote:
On Thu, 24 Nov 2005 12:53:43 -0500, Tiny Human Ferret
<ixnayamspay_klaatu@earthops.net> wrote:
<snips of fine comments>
This needs to be signed by the President in early January 2006.
Don't get ahead of yourself. It's possible that it will be passed in
the House in, very roughly, the form it has now. The Senate is
something else. Every stop, every last stop and every last dollar
they've stolen from us via illegal labor, will be pulled by the Cheap
Labor Lobby to make their boys and girls do what they want in the
Senate.
I have just had an astonishing flash of the most profound paranoia and
cynicism, or maybe I really _do_ understand How Washington Works...
Okay, here it is, science fiction, no doubt: The reason for the sudden
desperation in Congress over the war in Iraq is not the casualties, not
the cost, not the international embarassment of getting our asses kicked
by a couple of dozen Islamic extremists. Nay, it is all about how
Sensenbrenner pushed the REAL ID Act through last year by attaching it to
the Defense Appropriations Bill, which was absolutely must-pass
legislation.
Knowing that this fine and lovely bill just Exceptionally Full of Justice
and Rightness would eventually make it to the full House and Senate, _and_
knowing that it will inevitably be attached to must-pass legislation, the
only strategy for the Open Borders idiots is to make sure that there's no
must-pass legislation. The only legislation that would be must-pass, now
that the budget is basically settled, would be a defense-appropriations
bill. Therefor, the strategy is to get us out of the war ASAP, so that
there's no must-pass status for defense appropriations.
I don't think you need to worry about them getting out of Iraq too soon.
The Bush administration is not about to pull out of Iraq until they or their
proxies are in firm control over the oil spigots, and have signed contracts
for Halliburton and Brown & Root to build and maintain pipelines, ports, and
infrastructures necessary to oil production. It would cut too deeply into
profit margins of the multinational corporations if they suddenly lost the
full support of the US military and had to begin recruiting, training and
arming their own mercenery forces to defend and protect their investments.
Of course, this could backfire: without the war in Iraq to distract the
American voting public, there simply is no issue capable of distracting
from the need for significant Immigration Reform. And that's all this bill
is, H.R. 4313 is pure "fixing all the known problems" legislation. I can't
imagine that its opponents want there to be nothing on the minds of the
voters, other than keeping track of who's for it and who's against it, and
faxing and phoning them night and day pressuring them to pass it or get
voted out of office regardless of how much the corporations fund their
campaigns.
They could also pass this legislation, and do it just like they did with the
REAL ID Act and not make it effective for a period of years - 5 or 10 or
more. And in the meanwhile, the invasion continues, and when they reach the
deadline they will produce the worn excuses of not being prepared, bugs in
the system, lack of funding, etc. etc., and it will be another 5 years
before the legislation can be implemented.
It is going to take something similar to what happened in France before the
corporate lap dogs realize that immigration is a crisis larger and more
dangerous than 9/11 and more devastating than Katrina, and even then, they
will not care because their corporate masters will continue to have record
profit margins.
--
The incapacity of a weak and distracted government may
often assume the appearance, and produce the effects,
of a treasonable correspondence with the public enemy.
--Gibbon, "Decline and Fall of the Roman Empire"
.
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