Guard The Border But Don't Forget Deportation Enforcement!

[Also by Juan Mann: 08/22/05 - Coming from California: An Immigration Reform Tsunami?]

Citizen outrage over the illegal alien invasion is now at an all-time high. The chance for real immigration reform on two parts of the immigration law enforcement triad—border enforcement and interior enforcement—has never been better.

But there's a forgotten third part of the immigration law enforcement triad: deportation enforcement.

That is, whether the federal government will actually deport aliens after apprehending them.

Huh, what? . . . Deportation enforcement?

Here's my executive summary:


  • Abolish the Department of Justice's Executive Office for Immigration Review [EOIR] Immigration Court!

Doesn't make much of a jingle. And the (EOIR) Immigration Court system, expedited removal of illegal aliens [Immigration Act Section 235(b)], and mandatory immigration detention of criminal aliens [Section 236(c)], aren't sexy topics.

But they should be!

Because summary removal of illegal aliens and criminal alien residents is the magic bullet for real immigration reform. As I've been writing for about four years now, the federal immigration bureaucracy and the Immigration and Nationality Act are the biggest obstacles to immigration enforcement in existence today.

Deportation enforcement legislation from Congress expanding summary removal would be the proverbial laser-guided missile down the main air conditioning vent of the federal immigration bureaucracy. It would be the vampire-repelling garlic to ward off the Treason Lobby's legions of henchmen lawyers. It would upset the rigged immigration litigation apple cart by simply kicking their illegal alien and criminal alien resident clients out of the country.

It would be the Treason Lobby's worst nightmare.

But alas, deportation enforcement is a long way off.

Few Americans even recognize that there's any problem at all with HOW the federal government goes about deporting aliens. Securing the Arizona desert was a piece of cake in comparison—remember the volunteer Minutemen showed the world that they could do it in a month!

With rare exceptions (American Patrol, Michelle Malkin, and Michelle Malkin again), few even in the real immigration reform movement are able to define the deportation enforcement problem, or propose solutions that could be translated into specific immigration legislation.

It has taken years for border enforcement and interior enforcement to build up the steam of citizen outrage. The deliberate judicial-politico mugging of California's Proposition 187 saw to it that the borders were kept open for another ten years, and that American citizen reformers were stopped in their tracks.

It took the heroic passage of Arizona's Proposition 200 to get the action going again.

The issues of border enforcement and interior enforcement have both spawned their own genuine grass-roots citizen movements and American heroes.

In the border enforcement arena, the Minuteman Project volunteers and their courageous leader, Jim Gilchrist, have almost single-handedly changed history in one month of border-watching in Arizona.

On the interior enforcement front, the California Border Police Initiative is the embodiment of citizen outrage over the permanent illegal alien and criminal alien amnesty zone that is every non-border city and town in the entire United States. The initiative's author, California State Assemblyman Ray Haynes, is destined for American hero status…if Californians support the initiative with both signatures and votes.

So where is the citizen movement for deportation enforcement?

Answer: it's right here. By reading this article, you are in the vanguard.

And if you're already aware that there's an Immigration Reform Tsunami coming from California—the California Border Police initiative—you're at the tip of the spear!

While President Bush has been mountain-biking in Texas, every immigration reformer's favorite Congressman, Tom Tancredo, has been rallying the troops in California.

So now that the efforts to see to it that illegal aliens get arrested are reaching critical mass, recognition of America's deportation enforcement problem is more important than ever.

Because without detention and summary removal at the federal level, the Treason Lobby will still be able effectively to keep the borders open with the EOIR Immigration Court's non-deportation system intact.

Peter Brimelow once noted that "one of the few rational justifications for writing books is that you get to quote yourself." I'll offer my own quote from March, 2002, which was published by Michelle Malkin in her book, Invasion:

"Between the incompetence of the INS, the complete lack of alien detention center space, and the bureaucracy of the EOIR, our system for deporting known illegal aliens and criminal alien residents is a sad joke. But no one is laughing.

"If all of the illegal aliens and deportable resident alien criminals were rounded up tomorrow, the system would not be capable of handling them. It would be an absolute disaster. The INS and EOIR wouldn't have the foggiest idea of what to do with them! The aliens would all be released back out on the street on immigration bonds and go back right where they were as if nothing happened, while their cases would grind on through the system of Immigration Court hearings and endless appeals."

Yes, the same problem exists today with the EOIR and the new Department of Homeland Security's three-headed bureaucracy.

And that's why deportation enforcement and the success of the California Border Police initiative are so vital.

The blaze will really erupt when people start finding out what happens to removable aliens after being arrested in droves by a brand new state-level "California Border Police." (Watch this space, and I'll give you the exact details of what happens to aliens arrested under current immigration law. It's not pretty.) 

That's what Americans—and immigrants legally in the United States want—right? They want the lawbreakers arrested . . . and taken out of the country! Period. End of story.

So let's make it happen.

Everyone (that means you, Congress) repeat after me: Abolish the E.O.I.R.!

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