Victory (Despite Bush) On H.R. 10!


[See also:


Hijacking Of H.R.10 Reveals Terrifying Truth—Bush Really
Believes Own Propaganda
,

by Sam Francis]

The House of Representatives began
the long-neglected task of giving the executive branch the
tools for real immigration enforcement when it

passed
last Friday—by 282 to 134—the "9/11
Recommendations Implementation Act,"
known as
"H.R.
10
."

Whether the Senate is as serious as
the House about immigration law enforcement is another
story.

And as for the Bush
Administration—`nuff said. It

lobbied
to get H.R.10`s immigration reform
provisions dropped.

But, while it`s easy to be

pessimistic
about H.R. 10 ever becoming law, its

passage
by the House is one of the best things to
happen for immigration

enforcement
since Congress added its one-two punch
of amendments to the Immigration Act in 1996.

It means that, even if H.R. 10
fails for now, the tide may be turning.

Among its many excellent
provisions, H.R. 10 would activate

at long last
the crucial

expedited removal processes
of the 1996 Immigration
Act Section 235(b)
that have been scandalously left

dormant
since 1996.

It would also move toward stopping

illegal aliens
—including

suspected terrorists
—from using endless federal
court litigation to remain in the U.S. indefinitely.

When it comes to

border security
, even sincere supporters of real
immigration reform often fall into the trap of believing
the myth that "all the laws to deport aliens are in
place right now . . . we just need the

political will
to enforce them."
 

Will is certainly lacking. But it`s
not the

whole story
.

The problem is the federal
immigration bureaucracy itself.  As I`ve

written
extensively, all roads for real
immigration reform lead to the litigation morass of the
Justice Department`s

Executive Office for Immigration Review
(EOIR) and
its built-in gateway to endless

immigration litigation
in the federal courts.

But at long last, short of

abolishing the EOIR bureaucracy
entirely, the House
has finally passed some laws we can really use!

Amazingly, Title III of H.R. 10,
dealing with "Border
Security and Terrorist Travel
,"
really does live
up to its billing as "Immigration reform in the
national interest."

The bill addresses, at least to
some extent, the central problem with American
immigration law enforcement—the fact that the America`s
failed federal immigration bureaucracy is based on an
adversarial litigation model for deciding the "cases"
of whether to remove every single
illegal alien
and

criminal alien
resident in the United States . . .
one by one.

In order to set up a system that
actually deports

lawbreakers
, the federal government must:

1) give immigration officers the power to do their
jobs, that is, remove illegal aliens who have no damn
business being in the United States anyway, and

2) not make a

federal case
out of it.

H.R. 10 is a great step toward
addressing these fundamental problems.  It gives more
immigration officers the power to summarily remove more
illegal aliens while keeping the "cases"

away
from the EOIR and the federal courts.

Here are the key sections:

Section
3006 – Expedited Removal
[amending Immigration Act
Section 235(b)] –"If an immigration officer
determines that an alien . . . who is arriving in the
United States, or has not been admitted or paroled into
the United States and has not been physically present in
the United States continuously for the 5-year period
immediately prior to the date of the determination of
inadmissibility under this paragraph, in inadmissible
under section 212(a)(6)(C)
[for not having
immigration documents for entry] or 212(a)(7)
[for having entered by fraud], the officer shall
order the alien removed from the United States without
further hearing or review . . ."

Section
3009 – Exclusive means of review
[regarding claims
made under the United Nations Convention Against
Torture] – "The judicial review specified in this
subsection shall be the sole and exclusive means for
review by any court of an order of removal entered under
any provision of this Act."

With Section 3006, the thousands of
immigration officers already employed by the

Department of Homeland Security
will be allowed to
enforce immigration laws – as they are specifically
trained to do – in order to actually remove foreign
nationals who do not have the right to be in the United
States.

What a concept!

With section 3009, more illegal
aliens and criminal alien residents will be kept out of
the EOIR and the federal courts more often.  And that`s
a good thing.

But what`s that you say? . . . a
lack of

Due Process
?" . . . Isn`t

deportation
a harsh penalty?

I say:

rubbish!

The fact of the matter is that
anyone in the world—even self-proclaimed "wrongfully"
deported aliens—can always come back and

apply for admission
to the United States again
anytime they want.

All they need to do is make another
application for admission at any U.S. port of entry. 

They might not be allowed in. But
there`s nothing to stop anyone from asking.

American immigration law
enforcement desperately needs H.R.10—more

expedited removal,
and less immigration litigation.

So keep your fingers crossed. 
Maybe the President and the Senate somehow will see the
light – after feeling the political heat—and take a step
in the right direction with H.R. 10.

With over three years

passed
since the 9/11 disaster, the time is long
overdue to move toward real immigration reform . . . and away from
the Bush Administration`s illegal alien

amnesty
.


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

DeportAliens.com
.