A NEW ILLEGAL IMMIGRATION LAW and POLICY
Part I
Some of what I say in the last part of this section of this website may seem radical but in actuality it is Moderate leaning to Conservative but that is by design. This way the far leftist and far rightist will not be able to claim that they cannot support it because it does not give them what they want because it gives everybody except the extreme far leftist and rightist what they want. This is the best way to address Immigration Reform this year.
No where in the United States Constitution does it say anything about Immigration it only mentions Naturalization and then states that "AMENDMENT [IX.] The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
AMENDMENT [X.] The powers not delegated to the United States by the Constitution,
nor prohibited by it to the States, are reserved to the States respectively, or to the people." this therefore gives Arizona the right and obligation to protect its citizens by way of passing any law that does not violate a persons civil rights in order to find, detain and either deport or hand over to the correct federal authorities.
We the people must decide if we want the federal government to decide everything for us or doing it ourselves.
We the people have only one thing to fear and that is our government taking over our everyday lives like deciding if we buy the kind of insurance that they say we need.
It is imperative that a immigration bill is introduced in congress at least one month before the midterm elections.
I am not a nut I am just a 56 year old man who loves his country and am very concerned for its safety, God Bless America and Semper Fidelis.
Part II
Emergency Border Security Proposal
I know that some are going to call me a radical and anti-immigrationist but I am not I am an American first a Southerner (that means a rebel to some but to me it is someone who questions their government on everything) second and a US Constitutional purist. When I look out over this Great Land of ours I do not see white, black, red, brown, yellowish, slant eyed or any other type of Americans but just Plainly and simply Americans. I have traveled to almost every state in this union and have talked with many people and know that there are as many opinions as there are people in this country so for what it is worth here is one of my opinions.
Our country has an immediate problem related to border security and immigration and that is in recent weeks reports have been posted on several news organizations websites about "Mexican drug cartels having set up shop on American soil, maintaining lookout bases in strategic locations in the hills of southern Arizona from which their scouts can monitor every move made by law enforcement officials. The scouts are supplied by drivers who bring them food, water, batteries for radios -- all the items they need to stay in the wilderness for a long time. By Adam Housley Published June 22, 2010 FOXNews.com". There also was a report that I saw that stated that about a hundred or more illegals have been caught over the past year that come from country's that either have terrorist ties or have terrorist groups within their borders, this is alarming because as I understand it the U.S. Border Agents only catch approximately 25% of all illegals crossing our borders every year so that 100 possible terrorist could be just a part of say 400 plus.
Therefore we must act now to secure the southern border of the U.S. the best way to do this is to use the U.S. Military either those that have just returned from or those that are to be deployed to Iraq and Afghanistan within the next year thereby giving them training in some of the aspects that they will encounter. As an immediate measure we should send 12 Long Range Sniper Teams from the Marine Corps and the Army with each team being supported by a squad of Marines and Soldiers these personnel could stalk those Drug Cartel Lookouts and either take them out or watch them reporting back any activity. All persons caught coming across our borders illegally should beheld under the Patriot Act as possible terrorist till it can be confirmed that they are not, but that anyone connected with the Mexican Drug Cartel's should be considered as terrorist since they use terrorist tactics against our citizens and police forces.
Then the below must be considered by the US Congress along with a law requiring that all US immigration laws be enforced by the President of the United States and all government agencies:
Part III
Definitions
Naturalization
Processofgranting nationalityor citizenshipto an alien. It may be grantedafter voluntaryapplication or throughlegislation, marriage to a citizen, or parental action. Involuntary naturalization occurs when one's home territory is annexed by a foreign state. Qualifications for naturalization may include a minimum residency period, a minimum age,law-abiding character, good health, self-sufficiency, satisfactory knowledgeof the new country, and willingness to give up one's former nationality.
Naturalizationis the acquisition of citizenshipand nationalityby somebody who was not a citizen or national of that country when he or she was born.
In general, basic requirements for naturalization are that the applicant hold a legal status as a full-time residentfor a minimum period of time and that the applicant promise to obey and uphold that country's laws, to which an oath or pledge of allegiance is sometimes added. Some countries also require that a naturalized national must renounce any other citizenship that they currently hold, forbidding dual citizenship, but whether this renunciation actually causes loss of the person's original citizenship will again depend on the laws of the countries involved.
Immigration
The process ofentrance of a person (an alien) into a new country for the purpose of establishing permanent residence. Motives for immigration, like those for migration generally, are often economic, although religious or political factors may be very important. This process is differentiated from emigrationand migration.
Illegal Immigration
This is the movement of people across national bordersin a way that violates the immigration lawsof the destination country and there for demonstrates an unwillingness to obey the laws of the United States and its member States. This there for makes them unacceptable for citizenship being granted to them by the United States. Illegal immigrants are also known as illegal aliens to differentiate them from legal aliens. Conversely, illegal emigrationrefers to unlawfully leaving a country.
Why The Arizona Law Is Constitutional
I believe that the state of Arizona does have a right to pass a law like the have just passed because of the facts that the Federal Government has not up held its constitutional responsibilities as stated in the U. S. Constitution as follows;
"Preamble We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
and because of section 8 - Powers of Congress in the U.S. Constitution and the 9th - 10th Amendments of the same the states that make up the United States have a right and duty to protect their citizens and they derive those powers and right from the following (In bold print);
"Section 8 - Powers of CongressThe Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
AMENDMENT [IX.]
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
AMENDMENT [X.]
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
I do not think that with its history that the state of Arizona will use this new law to oppress anybody but will use it to protect its citizens as allowed by the U.S. Constitution, below you will find a site that everybody should visit;
Anchor Babies
The below Amendments where added to the U. S. Constitution from 1864 through 1870, these amendments where considered one at a time because of certain situations that manifested themselves over a period of several years making it necessary in order to insure that those that had been slaves and their immediate offspring would be recognized by all states as U.S. Citizens.
"AMENDMENT XIII. (1864-1865)
SECTION 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
SECTION 2. Congress shall have power to enforce this article by appropriate legislation.
AMENDMENT XIV. (1866-1868)
SECTION. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
SECTION. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
SECTION. 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
SECTION. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
SECTION. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
AMENDMENT XV. (1869-1870)
SECTION. 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
SECTION. 2. The Congress shall have power to enforce this article by appropriate legislation."
Proposed Change to Amendment XIV
The courts awhile back, I do not know when, decided that section 1 of amendment 14 was meant to include anyone so we as citizens may have to take matters into our own hands and circulate petitions for documented U.S. Citizens to sign so as to get that section to read something like what follows:
"AMENDMENT XIV.
Section 1. All persons born with at least one parent being a naturalized or natural born citizen of the United States of America or naturalized in the United States and subject to the jurisdiction thereof and renouncing citizenship and loyalties to any other country(ies), are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Section 1.1. This amendment to Amendment XIV shall be retroactive to the 1st day of January 2000 at 00:01, Every person having been born before the a fore mentioned date shall be considered a U.S. Citizen as under the old amendment.
Section 1.2. Those that where born after the date set forth in section 1.1 will have a period of one year from the date this amendment is certified after its ratification to apply for citizenship under the applicable regulations of the INS, shall they choose not to apply then they will have and additional six months after the one year deadline in which to leave the United States after that time they shall be considered as being here illegally and subject to deportation.
Section 1.3. Whereas any citizen has not renounced their United States citizenship and has any children born to them outside of the United States shall be considered a citizen of the United States having received the appropriate documents from an official United States Official within four weeks of the birth of said child. This subsection shall take effect immediately upon the ratification and certification of this amendment."
Only by forcing the U.S. Congress to amend this amendment will we the people have protection against the ever growing tide that is invading our country.
If you have any suggestions or find errors in/or pertaining to the above proposed Amendment or anything else then you may contact me at the following email address:
pimarine@political-issues-and-election-reform.com
Part IV
I believe that before we can tackle the illegal immigration issue we must raise the minimum wage to $12.00 instead of the $9.00 an hour as it was stated in the CRC Report for Congress -- Minimum Wage in the 110th Congress page CRS-3 as updated June 11, 2007, the following is a quote from the first paragraph of that page:
“THE MINIMUM WAGE REACHED ITS PEAK VALUE IN 1968 AT $1.60 AN HOUR AND, THEN, GENERALLY, HAS DECLINED IN TERMS OF CONSTANT DOLLARS. TO EQUAL ITS 1968 PEAK IN PURCHASING POWER, IT WOULD CURRENTLY NEED TO BE OVER $9.00 AN HOUR. THUS, THE MINIMUM WAGE IS NOW NEARLY $4.00 BEHIND ITS CONSTANT DOLLAR VALUE FROM 1968 (ROUGHLY, $5.15 TO IN EXCESS OF $9.00). WHEN FULLY IMPLEMENTED IN THE SUMMER OF 2009 (PUBLIC LAW 110-28 (ENACTED ON MAY 25, 2007) RATE BEING JULY-2007-$5.85, JULY-2008-$6.55, JULY-2009-$7.25), THE MINIMUM WAGE (IN 1968 TERMS) WILL BE ALMOST $2.00 BEHIND ITS 1968 VALUE -- WITHOUT TAKING INTO ACCOUNT INTERVENING ECONOMIC CHANGE.”
The next thing that needs to be taken care of, before we can tackle the illegal immigrant issue, is border security. There was a time back in the late 1800's and early 1900's that the US Calvary patrolled the border between the USA and Mexico and Canada to some extent, now what I am about to propose may seem a little drastic but it is the best way because of all the drug smugglers and other criminals that come across our borders everyday. The following is my proposal:
1) We need to spend 3 times what we are spending on border enforcement and detention.
2) The Congress should pass a military appropriation bill specifically for buying up all the land along the border, except in certain cities such as El Paso from the Gulf of Mexico to the Pacific Ocean, this strip of land should be at least 25 miles wide, this will entail buying land from individuals also buying or replacing in kind land owned by Native American Tribes and Federal parks and/or sanctuaries so in order to keep people from jacking the price up the land bought should be bought at the fair market price as of the time this measure is first introduced. The military would be responsible for enforcing this area with what ever means are necessary, since they will be using this land as one giant live fire training area. This will make it a military reservation and therefore a felony for anyone to cross it without permission. If fired on the US MILITARY should be authorized to return fire even if it comes from across the border from within Mexico. Also since terrorist could try and cross the border we should consider anybody crossing the border illegally to be a possible terrorist.
3) The states along the border should be encouraged to use their national guard units to help patrol the border until the 2nd item can be implemented.
Next we need to tell all government agencies that they are to crack down on the companies that hire illegals and allow the social security department to notify a company that they have sent invalid ssn's in and that they will be investigated.
Next notify all businesses both big and small that hiring a illegal is a violation of the law and that they will be prosecuted for hiring illegals.
Next pass a law authorizing all Federal agency's, State agency's and Company's such as hospitals, insurance company's and others that incur debt due to the actions of illegals, to sue the country from which they come from.
Next pass a law authorizing the Social Security Administration to design a new card to be used as a National ID, SSN, Commercial Drivers License and State Driver License card which will be administered by the states just as they administer the Commercial Driver licensing these card will only have the following information on them: photo, fingerprints, their DNA, Birth date, Place of Birth such as Baltimore Maryland but if born outside of the United States then their immigration number and citizenship status encrypted within the card and no other information shall be required of any person to have on this card. This new ID card should be renewed every 6 years in the same way most states renew drivers license today.
Next pass a law setting up a nation wide DNA database accessible only by the Justice Department and the Social Security Administration.
Since it would be impractical to round up 11 million people, make a one time offer for them to get on the path to legal status in the following methods:
1) Through national broadcast that if anyone who is illegally here in the USA, has had a tax payer ID number before January 1st 2000 then they can make application to get a green card pending a background check both here and in the country that they came from allowing them six months to accept the offer. Those with a tax payer ID dating after that date will have to follow item 2 below.
2) If any illegal that does not have a tax payer ID number comes forward and makes application as in #1 from above their applications will be considered after the ones from #1, plus they will have to return to their home country after six months from the first announcement and await their applications acceptance or rejection.
3) Any illegal can go back their country of origin by way of any of the official border crossings, ports of entry, and at that time pick up the papers needed to apply for temporary work permits and/or applications for a green card. The work permits would only be good for six months at a time but can be renewed once without having to go back to their country of origin.
4) The rest that do not come forward in the six months given will be tracked down and eventually deported, to never be able to come back to the USA ever.
All the illegal immigrant's would have to answer questions as to how, where and who brought them over the border and all would have to be biometrically finger printed and have a DNA sample taken.
The President should be directed by congress to inform the Mexican government that by allowing its residents or its governmental officials to help illegals to cross into the USA will result in the suspension of any aid being provided to them and that if they do not try to stop it on their side of the border it could end up being considered an act of War.
Next the congress needs to pass legislation requiring the State Department to suspend the issuing of any work visa's until our unemployment rate drops to 2%, and that when the visa's that are in use today expires that they will not be renewed.
All of these provisions should be passed in a group of bills that when all have been passed will be known as the New Immigration and Naturalization Act.