Bush In Tucson: Read His Lips “No Exceptions!”

It`s official! According to President Bush,

Monday in

Tucson, Arizona:

One of the most
effective tools we have in this effort is a process
called expedited removal.
Under expedited
removal, non-Mexicans are detained and placed into
streamlined proceedings. It allows us to deport them at
an average of 32 days, almost three times faster than
usual. In other words, we`re cutting through the
bureaucracy. Last year we used expedited removal to
deport more than 20,000

caught entering this country illegally
between Tucson and Laredo. This program is so successful
that the

has expanded it all up and down the
border. This is a straightforward idea. It says, when an
illegal immigrant knows they`ll be caught and sent home,
they`re less likely to come to the country. That`s the
message we`re trying to send with expedited removal.”

Oh yeah?


Commander In Chief
is referring to the expedited
removal provisions of Immigration Act

Section 235(b)
which his own administration has
still failed to implement to the fullest extent granted
by Congress almost ten years ago

The Section 235(b)
authority as written by Congress allowed the summary
removal of illegal aliens apprehended anywhere in
the United States — within two years of entering

This expedited
removal authority was created by the 104th
Congress in amendments to the Immigration Act called the
"Illegal Immigration Reform and Immigrant
Responsibility Act (IIRIRA) of 1996."
known as the 1996 Act was signed by President Clinton on
September 30, 1996, and became effective on April 1,
1997. The IIRIRA cut back on relief available for
criminal aliens and known foreign terrorists, and called
for the mandatory detention of more classes of convicted
criminals who are foreign nationals.

So far, Immigration
Act Section 235(b) has managed to withstand the legal
onslaught of the pro-alien lobby in the federal courts.

But immediately after passage in 1996, the Clinton
Administration, through then-INS Commissioner Doris
Meissner, shamelessly

most of Section 235(b). The Section
235(b) authority was only put into effect for
immigration inspectors at ports of entry, not for any
immigration officers in the interior of the country or
outside of airport buildings.

But the Bush Administration has added its own stamp on
crippling the expedited removal authority. It has
implemented it slowly, partially and grudgingly—adding
geographic restrictions, time restrictions, and also
exempting Mexicans from the process entirely.

  • In November, 2002,
    Attorney General John Ashcroft

    regulations to cover illegal aliens
    arriving in the United States "at sea" under
    Section 235(b). I

    the effort.

  • In August, 2004,
    the Department of Homeland Security under the Bush

    regulations allowing the Border Patrol
    to summarily remove illegal aliens found within
    100 miles of a land border
    . . . if discovered
    within two weeks of their illegal entry.

The game of
"pass the border and you`re home"
with illegal
aliens had gotten harder, but the Section 235(b)
non-implementation scandal continued.

Remember that
Congress has already given the federal executive
agencies the absolute authority to summarily remove
aliens found anywhere in the United States—
within two years
of entering illegally!

Alluding to
Immigration Act Section 235(b) might make for some great
(and desperately-needed) speech material right now.

But until the Bush
Administration implements expedited removal law to the
fullest extent of the law, that`s all it is—speech

You heard it on
VDARE.COM first—09/19/05
– Bush Administration Still Sabotaging Expedited
Removal Law

In other news:

One of my VDARE.COM readers familiar with the federal
immigration bureaucracy quickly weighed in on the
President`s speech via e-mail Monday night.

The reader took President Bush to task for claiming that
first part of the plan is to promptly return every
illegal entrant we catch at the border, with no

The reader
chronicles all of the current “exceptions” where
illegal aliens caught along the border area are still
released from immigration detention and sent on their
merry way into the United States.

"No execptions," right?
What about the thousands of

unaccompanied minors
, or those under age 18, that
are released one their own recognizance pending an
[Executive Office for Immigration Review] Immigration
Court hearing (which could be months or years down the
road) to almost anyone who comes and asks for them –
legal or illegal, friends or family?

"`No exceptions?`
How about doing something about the hundreds of
thousands of people on, what, the sixth year of

following one hurricane,[Hurricane Mitch]

6 years ago,
although the

Army Corps of Engineers
and millions of our tax
dollars have helped rebuild Nicaragua and Honduras (not
to mention that we have opened up


[Central American Free Trade Agreement] that is
supposed to bring new jobs to these countries)?

“These aliens`
semi-legal presence here continues to encourage
relatives to join them, and encourages the smuggling of
their children here (and immediately claim them if
caught—see above). It encourages ineligible people who
just come from TPS countries to apply in hopes of
getting someone to not scrutinize the application and
grant delayed TPS, or a work permit in the meantime.

"`No exceptions`?
What about El Salvadorans, who continue to enjoy

special protections
from expedited removal or
immediate deportation due to a 20-year old Orantes
note: The

decision was based on Cold War politics;
there was a

guerilla war
going on in El Salvador in the 1980s.
But the Cold War has been over for some time, even in El

"`No exceptions`?
With no place in the country to house families, where
will a nursing mother and her newborn stay while they
wait two weeks for a travel document and flight
arrangements? Or a mom and her three young kids pending
deportation? Without any detention places to hold
families, where will they be detained?—or will they too
be the `exception?`

“`No exceptions?`

ICE jail standards
are so high (thanks to standards
set in place by

[former Clinton INS
Commissioner] Doris Meissner, to ensure as few aliens
as possible were actually detained), few jails across
the country can meet them. What additional detention
facilities do you propose using?

`No exceptions?`
how about the asylum-claimants who currently get paroled
once an asylum officer makes their determination of
`credible fear` in 99.9% of their cases?

"`No exceptions`?
How about the tens of thousands of

with deportation orders? The

, child molesters, arsonists and murderers
that make up the remaining Mariel Cubans are

still here
25 years later.  [Vdare.com
note: OK, there is

place the Cold War isn`t
And anyway, Castro won`t take them back.

"`No exceptions`?
How about when an alien files his third, fifth or tenth
appeal at all the levels of appellate review? Or getting
an automatic stay just for filing at the Ninth Circuit
Court of Appeals, delaying deportation for at least a

"`No exceptions`?
How about two years for a

hearing? or the Ninth Circuit

on reinstatements?

"`No exceptions`?
What about the thousands of sob-story cases that make
the media, when the government breaks down and grants
parole or a stay? Or the hypocritical politicians who

private bills
for their `constituents` facing
deportation? Or the hundreds of thousands of illegals
with newborn or carefully planned U.S. citizen
`long-term legalization and retirement plans` (a.k.a.
their kids?

"`No exceptions`?
How about the thousands of tips that come in, from

other law enforcement agencies
, from

private citizens
, probation offices, state troopers,
drivers license bureaus—about illegal aliens, criminal
aliens, prior deports—and the tips get collected and
thrown in a pile, never to actually be worked by any

"`No exceptions?`
Then how about taking care of the sanctuary laws,
instate tuition, government blessings on using


matricula consulars
, that facilitate illegals
coming here and staying here?

`No exceptions?`
I think the President has got a lot of work to do before
he can say `no exceptions.`"

Hey, immigration patriots got the rhetoric in Tucson—and
that`s an improvement.

But we still need the reality—particularly because the
President`s rhetoric disguises yet another

attempt to foist
his illegal alien non-deportation
plan on America.

I`ll file my thoughts on that next!

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