Coming from California: An Immigration Reform Tsunami?

VDARE.COM comment: Juan Mann here is so eager to get on
with the new battle that he only briefly mentions an
important positive development in the “Other than
Mexican” scandal, for which he deserves great credit.
His essay on this site was

the first publicity
given to the outrageous policy
of releasing detained border violators from other
countries. We followed up with  items contrasting

Europe`s sturdier response
, the MSM began

covering it
, and now there is

a report
that, at least in South Texas, the policy
has been changed. Juan has taught us to be skeptical of
any governmental policy in this area until the
implementation details are available. But it appears he
has struck a heavy blow in defense of his country. VDARE.COM is proud to carry his work.

[Also by Juan Mann:

In the wake of the

Minuteman Project
, the

California Border Police Initiative
gathering signatures in the Golden State is shaping up
to be yet another shot-heard-round-the-world, 9.9
magnitude earthquake against illegal immigration, the
likes of which America has never seen.

But without enacting comprehensive
summary removal of illegal aliens and criminal aliens at
the federal level, these heroic state efforts will be
largely for naught.

The bottom line: any increased
boots-on-the-ground immigration enforcement by police
officers, immigration agents, the U.S. Border Patrol—or
even a citizen

Border Protection Corps
—also desperately needs
companion immigration legislation from Congress to see
to it that the aliens arrested for immigration
violations are actually deported!

For immigration law enforcement to
work, America needs summary deportation, not perpetual

immigration litigation
in the federal courts.

While the battle rages in
California over whether an immigration-specific police
force wearing state uniforms should be given free reign
to arrest illegal aliens and criminal alien residents,
the Treason Lobby and its open borders sympathizers
still have an ace in the hole.  Arresting more
deportable aliens may be a setback – but the Treason
Lobby can still relax and smile.

The Treason Lobby and its minions
in the

immigration bar
know that as long as the current
litigation-based system for deporting aliens remains in
place, the system will remain rigged in favor of
allowing aliens to stay, regardless of
who arrests them.

The culprit here is and always has
been the disaster that is the Immigration and
Nationality Act, and the behind-closed-doors Immigration
Court hearing system of U.S. Department of Justice`s
Executive Office for Immigration Review (EOIR).

So far the only journalist in America to
pick up the story
and call for the EOIR to be
abolished has been

Michelle Malkin.
  She wrote in her 2002 book,

(pages 232-33):


deportation delays
: Abolish the EOIR and BIA—The
most under-recognized obstacle to deporting illegal
aliens is the shadowy immigration court system and it
unaccountable appellate body, which routinely puts
aliens` rights over citizens` safety.  Attorney General
John Ashcroft should abolish the Executive Office for
Immigration Review and the Board of Immigration Appeals
and transfer their functions to existing law enforcement
officers within the immigration bureaucracy."

Under current federal law, all
illegal aliens and criminal alien residents have the
to a hearing before an EOIR immigration
judge, as well as the "right" to appeal their
case to the EOIR`s appellate body—the Board of
Immigration Appeals (BIA)—and then on to the federal
courts . . . and back-and-forth almost indefinitely. 
Even existing expedited removal provisions can be

so long as aliens are coached properly by


The idea of a state border police
is the brainchild of

California Assemblyman Ray Haynes
who introduced a
resolution in the state legislature (ACA
) in May, 2005. The idea gained traction
immediately at the grassroots level, and the language
was converted into a voter initiative.

It`s not that anything in the
language of the initiative is wrong.  But there is a
definite "smoking gun" of sorts that illustrates the
EOIR immigration litigation bottleneck to come.

Section 3(d)

of the initiative
Article XXXVI of the California Constitution, states:

"The California Border Police shall assist the federal
government in enforcing the immigration laws of the
United States by arresting persons suspected of
violating such laws pursuant to the authority provided
by state law. After taking a person into custody, the
California Border Police shall notify the federal
immigration authority and transfer the person to the
federal immigration authority within the time prescribed
by federal law."

The problem begins with the
transfer to federal immigration authority . . . and then
it`s off to the immigration litigation

briar patch
of the EOIR Immigration Court.

Always remember that just because
the California Border Police arrests an illegal alien,
it doesn`t mean that the alien is going to be deported
anytime soon . . . unless, of course the alien is
actually willing to leave the United States.

But all is not lost.  It may seem
unlikely right now that Congress will ever get its act
together to scrap the EOIR immigration litigation
nightmare and implement summary deportation instead. 
But stranger things have happened.

Just think, summary removal would
be no problem if

start getting elected to Congress, or if

Tom Tancredo
(or some other like-minded individual)
wins the White House someday.

So for not-so-distant future
reference, here`s what needs to happen with federal
immigration law so increased law enforcement efforts
like that California Border Police will not be in vain —
summary removal of illegal aliens and criminal alien

Here`s a how-to guide for summary

  • Abolish the EOIR Immigration
    Court and the Board of Immigration Appeals (BIA)
    within the Department of Justice and close down the

    candy store
    of relief from removal that is the
    current Immigration Act. 

  • In order to stop fraudulent asylum applications from
    hijacking the Section 235(b) expedited removal
    process, it is imperative to end the

    credible fear
    rubber-stamp charade of turn-`em-loose

    asylum screening
    by the Department of Homeland
    Security`s Citizenship and Immigration Services
    (CIS) division.

  • Eliminate the criminal alien "free
    amnesty" of Immigration Act Section 240A
    (a) and deport convicted criminal alien residents
    through summary removal based on their crimes. 
    Period.  A green card is not sacred.  And who needs
    criminals anyhow, especially if there are supposedly
    so many "good-hearted
    " willing to take their place?
  • Expand

    mandatory detention
    under Immigration Act
    Section 236(c) for all criminal aliens under all
    circumstances, including "arriving aliens" detained
    at ports of entry.  End the travesty of
    illegal aliens and criminal alien
    drug smugglers and alien smugglers into the country
    . . . so they can simply disappear.

  • Allow officers from the all three Department of
    Homeland Security branches to actually do their jobs
    . . . to deny applications for relief and to
    summarily deport illegal aliens and criminal alien
    residents.  And speaking of asylum fraud, all
    refugee status and asylum determinations should be
    moved overseas to American consulates abroad under
    the direction of the Department of State to stop the

    immigration benefit fraud
    at the DHS` CIS
    division asylum offices.

  • End visa-jumping and adjustments of status for
    aliens currently in the U.S. legally or illegally,
    including for all illegal alien Immigration Act
    Section 245(i) adjustment applicants.  If there is

    still no system in place
    for identifying aliens
    who have their immigration benefit applications
    ultimately denied, why take the chance of keeping
    them in the country?

  • No more amnesty.
      Never again.  Immediately
    abolish the ridiculous

    rolling amnesty
    of Immigration Act Section 240A
    (b) for illegal aliens called "cancellation of
    removal for certain non-permanent residents."

  • Restore the

    administrative removal provisions for
    previously-deported aliens by the DHS, as intended
    by Congress to apply throughout the United States,
    even in the

    of the 9th Circuit Court
    of Appeals.

Just imagine.  If Congress and
the executive branch were to put these long-overdue
immigration law changes into effect, the only thing that
deportable aliens would have to look forward to after
being arrested would be a "Terry
deportation pack."

And what`s that?—According to
Anderson, it`s "a bottle of water and a bologna
sandwich" before being sent out of the country on "the
next thing smokin`”

The California Border Police
Initiative could be the illegal immigration earthquake
to make it all happen—that is, making the dream of both
street-level immigration law enforcement and summary
deportation a reality.  But to actually

deport aliens
, it is imperative that Congress does
its part.

Juan Mann [send him
] is a lawyer and the proprietor of