Diary

What Part of Illegal Does Our Government Not Understand? Rule of Law, Immigration and Racial Divide.

Alice Rabbit HoleOur country has arrived in the rabbit hole where up is down, down is up and absolutely nothing makes sense anymore. It didn’t happen overnight but clearly accelerated over the last six years.

We have gone over the edge where the rule of law is meaningless to our federal government yet We the People are still held to account when citizens break a law knowingly or unknowingly. More and more, people are apt to break a law that they never knew existed due to the volume of laws needlessly enacted without the consent of the governed both locally and federally.

Build a pond on your 10 acres and the EPA will send in SWAT teams and fine you $75K grand a day until you return the land to it’s natural state. Set up a lemonade stand to make money and the Health Dept. will fine your child for such a dastardly deed. Smoke a cigarette in a town in MA and the city council threatens to ban tobacco in an entire town. But it’s ok to smoke and sell weed in some states regardless of the federal laws that make marijuana an illegal substance.

My brain hurts!

What happens when a country no longer lives by the rule of law? History tells us the people will pillage and plunder to get what they want knowing there are no consequences. Present day, the Arab Spring taught us that a void will be filled by terrorists or other groups that want to stake out their claim to territory. Is it any wonder that a tyrant rushes in to quell the masses and then acts as a tyrant to bring some sense of order to the chaos?

Extreme examples? Maybe. But less extreme examples already exist in our country where people vote with their feet when they feel the laws have gone to far. NY, CA, and IL populations are shrinking due to over taxation. Boeing moved some manufacturing to a right-to-work state. And more people have voluntarily given up their citizenship in recent years to keep their earnings rather than pay high taxes. Yet these are all reactions to legal laws.

We watch protests across this country that demonstrate some people’s grievances for what they truly believe some rights have been wronged. What will happen when millions more feel aggrieved by their government sanctioning lawlessness?

The unilateral actions taken by this president on immigration could easily spark greater unrest than what we are witnessing today over the deaths of two black men no matter your perspective on how the events went down. Remember the protests that stopped the busloads of people being dropped into CA towns and a few elsewhere?

It is still a fact that hiring a person that is not eligible to work in this country is illegal. It is still a fact that someone here illegally can’t work. These laws are outlined by our government here on their very own website (emphasis in text is mine):

Information for Employers and Employees

Employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States. For more information about the employment authorization verification process, see the “I-9 Central” link to the right.

As an employer, you may require the services of a foreign national (alien) to work at your company or business. If the individual is already a permanent resident (green card holder), you may hire that individual, but you must comply with the employment verification requirements.

If the alien is not already a permanent resident, you will need to file a petition so that the individual may obtain the appropriate immigrant or nonimmigrant classification.  You may choose to file an immigrant petition (permanent) or a nonimmigrant petition (temporary) on behalf of that employee. The links to the left provide information on how to petition and the different eligibility categories.

Employees

No alien may accept employment in the United States unless they have been authorized to do so. Some aliens, such as those who have been admitted as permanent residents, granted asylum or refugee status, or admitted in work-related nonimmigrant classifications, may have employment authorization as a direct result of their immigration status. Other aliens may need to apply individually for employment authorization.

There are many ways in which a person may be able to work in the United States. You may seek an immigration classification that permits you to live and work in the United States permanently or temporarily. In most instances, your employer or potential employer must petition for you.

Obama specifically said that he is simply using prosecutorial discretion by not deporting 5 million or so people and is not changing their legal status. That’s another whopper of a lie. He is illegally issuing some work permits and SSNs thus changing their work status eligibility which is against the law. In addition, his edict is not applied uniformly which creates chaos but is also at odds with our Constitution where all laws must apply equally and uniformly.

As part of the 1986 Immigration Reform and Control Act (IRCA), the federal government requires all agencies to use E-Verify to determine if someone is lawfully eligible to work. It also included  “Employer Sanctions” for the first time that would penalize employers who intentionally hired illegal aliens with fines and even criminal prosecution. So I have questions:

? Will the government provide a unique form of work permit that differentiates this new class of people from legally authorized workers based upon existing laws? The president himself said a new immigration law would supersede his E.O. so how will he retract it when a new law is passed?

? If an illegal gets a work permit under Obama’s new E.O., can they now work for the federal government, perhaps as one of the 1,000 people USCIS is hiring to verify the eligibility of this new E.O. class of workers?

? Will DHS change their status in their databases to show that they are eligible to work here legally? Wouldn’t that do the opposite of what Obama said, that he’s not giving them legal status?

? And why would an employer knowingly hire someone who is illegal when it’s against the law? Will an employer be able to differentiate this new class of workers from true legal immigrant workers if they use E-Verify?

? Will the Attorney General file a workplace discrimination suit against an employer who doesn’t hire one of these new workers but instead hires someone that was born and raised in the U.S.? Can this new class of worker file a discrimination lawsuit against an employer for not hiring them?

Regardless of being for or against amnesty for those here already, this edict creates confusion and is clearly an illegal act by a runaway president and undoubtedly will encourage more to cross the border to get their work permiso. I have no doubt that he can use prosecutorial discretion on who to deport, but he does not have the power to re-write the law and give some illegals work permits and SSN’s.

His administration admits that some will qualify for the EITC and Medicare which is also against the law (see Title 8, United States Code, Section 1182) since it states that aliens who are to be kept out of the United States are those that seek to work illegally or become public charges.

Every one of our elected political leaders took an oath to uphold the Constitution and to protect and defend this nation and its citizens. This is a serious breach of our rule of law and it must be stopped with all legislative means.

And while we’re having a national discussion on racial profiling, isn’t cherry picking laws to enforce or not enforce, or worse, creating laws out of thin air to favor some, flaming the racial divide in this country? Obviously black Americans are upset that the laws are applied unequally to them.

Yet the president is engaging in an insidious form of preferential treatment that he is accusing law enforcement of doing the exact same thing! He refuses to follow the rule of law to distinguish lawful immigrants from illegal aliens.

Just a few days ago, the president said this about “Building Public Trust” as it relates to on-going protests and I happen to agree with his words… :

When anybody is not being treated equally under the law that’s a problem and it’s my job as president to help solve it.

…but his actions don’t match his rhetoric as usual. They never do.

Obama is creating a huge population of Americans that feel aggrieved by his derelict of duty to uphold and execute our laws. This population will be much greater than those protesting racial profiling today. It will include Americans of all stripes including blacks and legal immigrants, many Hispanic, who followed the rule of law. The only people happy with the president acting unilaterally will be the 5% that are here illegally; well unless his E.O. is overturned.

Welcome to the new American divide*: legal versus illegal.

P.S. In case you missed it, Obama will be issuing new rules against racial profiling by federal agents but will exempt officers in airport security (TSA) and at border points of entry (CBP). So some racial profiling is apparently okay.

*Dividing the country is a honed skill of this president and sadly he is succeeding.