Deport Foreign Drunk Drivers! – Amend The Immigration Act!


Foreign drunk drivers residing legally in the United
States have long been given a free pass to wreak havoc
on our highways . . . courtesy of the federal
government.

The
chaos of immigration litigation in the federal
immigration

bureaucracy
has gotten so bad that even a criminal
alien resident convicted of repeat felony

drunk driving
who was drunk behind the wheel and
killed someone
—can`t be ordered to be deported and
stay deported from the United States. (See the

Lara-Cazares
case below.)

Doesn`t America have enough

dangerous drunk drivers
of its own without the
federal courts and the U.S. Supreme Court rigging the
system to allow criminal alien resident drunk drivers to
stay in the U.S. too?

If you
learn only one thing from

my work
, it should be that the Immigration Act and
the federal immigration bureaucracy are rigged behind
the scenes in order to allow illegal aliens and criminal
alien residents to remain in the United States for as
long as possible.

The
reason: the

Treason Lobby
wants it that way.  The

federal courts
are making immigration policy one
alien at a time. And Congress has done nothing to
intervene.

Concerned citizens are rightly worrying about how many
Border Patrol agents are out on patrol. But few have any
idea that this behind-the-scenes lunacy is happening.

Meet
some of the drunk drivers imported from abroad who have
already injured or killed others on American roads:

  • Miguel Trinidad
    Aquino –  a previously-deported illegal alien from
    Mexico convicted in California of driving under the
    influence (DUI) causing injury to another, and also
    convicted of vehicle hit-and-run resulting in injury
    or death.  U.S. v. Trinidad-Aquino, 259
    F.3d 1140 (9th Cir. 2001)
      [PDF]

  • Marco Antonio Lara Cazares – a green
    card
    holder from Mexico convicted in
    California of gross vehicular manslaughter while
    intoxicated, and sentenced to eight years in state
    prison.  Lara-Cazares v. Gonzales, __ F.3d
    __ (9th Cir., May 23, 2005)
     [PDF]

  • Josue Leocal – a

    lawful permanent resident
    (LPR) alien from Haiti

    convicted in Florida
    of two counts of DUI
    causing serious bodily injury to another – for
    injuring two people – and sentenced to two and a
    half years in state prison.  Leocal v.
    Ashcroft
    , 125 S. Ct. 377 (November 9, 2004)

    [PDF]

Since
Trinidad-Aquino is an illegal alien, there is no telling
if he has managed to sneak back into the country after
his second deportation. 

But
Lara-Cazares and Leocal have actually been allowed to
keep their permanent resident status and remain on our
shores with the blessing of the Ninth Circuit Court of
Appeals and the U.S. Supreme Court, respectively.

Except
for the innocent victims, the general public remains
blissfully ignorant of the damage these aliens, their
court cases and their Treason Lobby handlers have
inflicted on immigration law and public safety.

The
legal problem:

DUI crimes
, even involving serious injury or death,
are not considered a “crime of violence” under
the “aggravated felony” provisions of the
Immigration and Nationality Act.

So
aliens convicted of drunk driving may not be deportable
at all. And if they are, they probably will be able to
apply for relief from removal as part of the

smorgasbord
of alien-friendly goodies available in
Immigration Court proceedings before the Department of
Justice`s Executive Office for Immigration Review (EOIR). 

The
same proceedings that are supposed to be

detaining
and deporting them invariably allow them
to remain in the U.S., or might even give them a brand-new "green
card"
through an application for adjustment of
status to permanent residence.

But
some folks are wise to what`s happening. For example,
this VDARE.com reader who recently sent me these
comments on the Lara-Cazares [PDF]
case via e-mail:

“Stunning.  Killing someone is not a `crime of violence` if
it`s gross vehicular manslaughter.

“For some reason, the 9th Circuit sure has a soft spot for
loaded LPRs – the majority of whom happen to be
Mexican.  First it was the Trinidad decision
[PDF],
now this
[Lara-Cazares

PDF
].  Is there any crime involving

alcohol
the 9th Circuit would designate as
removable?—apparently not even murder!”

Another VDARE.com reader conversant
with the federal immigration bureaucracy e-mailed me
these comments on the fallout from the DUI decisions.


“There are large numbers of illegal aliens in prison
serving time for felony DUI, which means it is at least
their third DUI, and they must be placed in removal
proceedings before an immigration judge because we can`t
use

administrative removal
.

“The
only charge in proceedings is `present without admission
or parole.`  That means they can seek adjustment of
status if they had a visa petition filed for them before
the sunset of Section 245(i).  For the LPRs with felony
DUI and DUI with injury or death, we can do nothing. 
Actually, CIS [Citizenship
and Immigration Services
] probably is forced to
naturalize them if they file!”

Leocal
[PDF]
involved DUI & causing serious bodily injury, and it
seals the deal for all of the

[federal appellate]
circuits . . . I emailed

MADD
repeatedly but got no response!!”

“It
is difficult to explain to a person who lost a family
member or friend to a drunk driver that if the criminal
alien who caused the accident happens to have a green
card, he gets to retain that great privilege and stays
in our country because neither his prior, multiple DUI
convictions nor his Intoxicated or Involuntary
Manslaughter conviction render him deportable.”


These VDARE.com readers are right on the money.


So what can be done to make sure that dangerous alien
drunk drivers get deported . . . and stay deported? 


I thought you`d never ask!

The
simple answer: amend the

Immigration Act

So
with a little help my VDARE.com-reading friends, I will
show you just how to do it.  (Note to Congress: steal
this legislation!)

I
hereby introduce:

THE
HOW TO MAKE SURE THAT DANGEROUS ALIEN DRUNK DRIVERS WHO
INJURE OR KILL AMERICAN CITIZENS GET DEPORTED AND STAY
DEPORTED ACT OF 2005
.”

Click

here
for legal
details.

The
bottom line: the three amendments I propose to the
Immigration Act will slam the door on the Treason
Lobby`s favorite techniques for avoiding deportation for
their criminal alien clients.

Conveniently, all of these usual suspects have already
identified themselves

on the record
before the U.S. Supreme Court, filing
briefs in support of resident alien drunk driver Leocal:

  • the American Immigration Lawyers Association (AILA),

But
let the Treason Lobby squeal!  The time is long overdue
for Congress to do something about this outrageous
loophole in the immigration law—and get dangerous alien
drunk drivers off of our highways and out of the country
for good!


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

DeportAliens.com
.