Chertoff Fiddles While Deportation System Burns

Since the

three years
ago of the

Immigration and Naturalization Service (INS)
into a new Department of Homeland Security (DHS), what
do the American taxpayers have to show for this
billion-dollar bureaucratic bonanza?

Well, for
starters, there`s taxpayer-funded DHS Secretary Michael

He has been
dutifully peddling the Bush Administration`s ongoing
promotion of the

Big Lie
that a "guest worker program" is not
an illegal alien amnesty.

Secretary reached another low of immigration
non-enforcement with his latest

outrageous comments
last week in

Brownsville, Texas

are in the midst of a serious discussion about a guest
worker program,` Chertoff said Friday at Alice Walker
Hope Park, which is on the bank of the Rio Grande with a
view of
Gateway International Bridge
. `Not as amnesty, not a
reward, but a constructive mechanism to allow migrants
in the U.S. to assume a strong labor demand.`

" `A
guest worker program would allow U.S. law enforcement
agencies to spend more time focusing on

`dangerous` elements
`we really worry about,` rather
than on the many thousands of people who come to the
country seeking work, Chertoff said."

promotes guest worker program
—Homeland Security
secretary says security of nation depends on it
," by
Sara Ines Calderon,

The Brownsville Herald
, March 4, 2006.]

Well, Mr. Secretary, for your
information, the "many thousands of people who come
to the country seeking work"
are called illegal

And by definition, these

uninvited "guests"
are breaking the
immigration laws
of the United States by their
unlawful entry and presence.

As an antidote to this Beltway
bureaucrat blather, consider this email I received this
past week from a savvy VDARE.COM reader:

much as the system frustrates you, it`s a million times
worse for agents. I have seen illegal aliens do things
you wouldn`t believe to get into the U.S.  No


[unmanned aerial vehicle], sensor, or
amount of agents can stop them. My personal opinion is

employers who hire illegal aliens
need to be
punished. The only way to stop the flow is to
eliminate the perceived need for

slave labor

Amen, my friend—we need LESS not

pauper labor!

And if you cannot grasp this
concept, Mr. Secretary, it`s time to resign. Instead of
hob-nobbing with

Mexican diplomats
, just ask any of the thousands of
uniformed officers under your command whether it`s worth
"worry[ing] about" illegal aliens invading
in the United States.

Until Bush Administration zombies
accept the most basic premise that keeping illegal
aliens out of the United States is a worthwhile goal,
then there`s no use in trying to have an intelligent
conversation about immigration law enforcement with any
of them.

For intelligent conversation, I
look instead to my

e-mail in-box.
And it just so happens that I was
also having such a discussion with this very same
VDARE.COM reader concerning the ongoing

DHS deception

expedited removal
authority along the border.

Here`s the bottom line from the
policy prescriptions we agreed on:

  • send illegal aliens from
    Mexico home on a "voluntary return" (VR) as
    quickly as possible

  • streamline the "expedited
    (ER) paperwork process to move out more
    illegal aliens faster while getting the agents out
    of the office and back to their posts as quickly as

The impromptu policy discussion
which follows should really be taking place at the
highest levels of the

federal immigration bureaucracy
. But instead it`s
taking place on the internet . . . anonymously, of
course, here on

The reader wrote:

an illegal alien is removed, deported, whatever you want
to call it, he is simply sent back to his home country .
. . Do you think these people will EVER try to LEGALLY
return to the United States?

"Expedited Removals simply eliminate the middle man
(immigration judge) and eliminate the likelihood that an
illegal alien released on his own recognizance will skip
his trial and be removed in absentia. Either way,
if the person is in this country ILLEGALLY, he will
simply RETURN ILLEGALLY one way or another. He won`t
care that he`s been `removed`
[by the EOIR].

Bravo! That`s exactly the case for
summary removal that I`ve been writing about for years

The reader continues:

only case in which an Expedited removal is actually
productive is when dealing with OTM`s
[aliens from countries other than
to the fact that DHS has limited bed space for illegal
aliens awaiting immigration proceedings, many of them
are O/R`d [released from
detention on their "own recognizance"]
. In the
case of the Mexicans, simply returning these individuals
to Mexico would be the best course. Instead, immigration
agents are forced to spend hours doing paperwork (time
better spent in the field apprehending other criminals)
in order to return a person to Mexico who will just jump
the fence in a couple hours anyway. OTM`s are sent back
to their home country, so at least E/R`s make it harder
for them to get back to the border.

you surprised that immigration agents are hesitant to do
this worthless paperwork on Mexicans? A simpler E/R
procedure for Mexicans—which would take minimal time for
agents to complete—would be an improvement. The interior
repatriation program at least slowed these guys down,
but even that won`t stop them. I really wouldn`t
criticize agents for their frustration with the same
system you are complaining about. I`m sure 99% of them
feel the same about our immigration problems as you do.

I informed the reader that the last
thing I would do is criticize the agents in the field—as
I think is clear from my writing on

expedited removal
, the

credible fear review process
, the

Customs and Border Protection
(CBP) division, and
the rest of my

article archive

In fact, a great deal of the
material I write about (including the

last article
) originates with people in and out of
government who really know what`s going on in the
system, including various agents/officers, both active
and retired.

Eliminating the deportation Middle
Man (the EOIR Immigration Court system, that is) is a
wonderful thing!  Abolishing the EOIR has been the

main focus
of my writing for over four years now.
And as far as I know, INS/DOJ/DHS haven`t applied the ER
to Mexicans outright if caught within the U.S. . . .
they`re still giving them VRs instead.

The reader replied:

Your research is pretty impressive. I`d say you know
more about the nuts and bolts of immigration law and
policies than most DHS employees. I apologize if I
misinterpreted some of your statements as agent

found it interesting that illegal aliens can be E/R`d
within 2 years of entry. BP agents in the [southern
border] sector are only allowed to E/R within 14 days.
But yes, you are incorrect about Mexican E/Rs. The
majority of individuals E/R`d by the BP are Mexican
nationals. The E/R was initially used by BP to prevent
OTM`s from being O/R`d and skipping out on their
[EOIR Immigration Court]
trials. However, someone decided that it would
also reduce the caseload in immigration courts if some
Mexicans were also E/R`d instead of set up for removal

additional benefit would be that the Mexicans wouldn`t
be O/R`d either. So at this time, most Mexicans are
still V/R`d. Those with "minor" criminal records are
"full" V/R`d, which is a narrative attached to their
paperwork that states their records were checked and
that they didn`t qualify for removal proceedings (to
cover DHS`s ass when they commit a heinous crime later.)
Those who used to qualify for remprocs
[removal proceedings]

are now almost all E/Rs. Then you
have the <1% who are remprocs, active warrants, and
prosecutions. The E/R is good, even if applied to
Mexicans, because it keeps them from being O/R`d.
Additionally, if anyone is E/R`d three times within 12
months, they meet BP guidelines for prosecution under 8
USC 1326 (illegal reentry.)

problem is that most of these guys aren`t caught that
many times and the hours it takes to complete the E/R
paperwork outweighs most benefits. It would make more
sense to VR most of them. The best solution would be to
simplify the required paperwork to E/R Mexicans who
qualify for E/Rs. Believe me, BP agents are doing all
they can."

I reiterated the
fact—which NO ONE seems to care about in the
"mainstream" press—that

gave the authority
to give ER to ALL illegal aliens
ANYWHERE in the U.S. within TWO YEARS of entry, but the
DHS/INS/ICE/CBP has never implemented this full

The executive agencies
have the power to

write the federal regulations
tomorrow. But they
have been sitting on their hands for TEN YEARS and doing
next to nothing to actually institute summary removal

Now the much-celebrated

H.R. 4437
will actually scale back the authority
they`ve never implemented.

In the short run, I
expect that the

Senate Judiciary Committee
amnesty will probably
emerge from the current hearings in one form or another.
The Beltway barons aren`t listening—and richly deserve
the devastating grass-roots revolt they will ultimately

Juan Mann [email
him] is
an attorney and the proprietor of
He writes a weekly column for
contributes to Michelle Malkin`s

Immigration BLOG