Juan Mann Speaks…On TRUE Enforcement

The amnesty-free

TRUE Enforcement and Border Security Act of 2005

made its official debut in the House of Representatives
as H.R. 4313 last week, ending the suspense created
following its unveiling by Congressmen Duncan Hunter
(R-CA) and Virgil Goode (R-VA) as "the border fence

The text of H.R.
4313 has yet to appear on

. But a VDARE.COM reader kindly sent me an
advance copy [PDF]
after reading my

last column

So—does TRUE
Enforcement live up to its advance billing?

Well, compared to
the amnesty-filled garbage legislation now in
Congress—whether packaged as "temporary worker"
and "guest worker" programs—the 189-page
collection of items in H.R. 4313 is certainly much
closer to what`s needed.

TRUE Enforcement is
the antidote to the Bush Administration`s Big Lie that
another massive illegal alien non-deportation scheme and
foreign worker importation program is necessary to make
America more secure. This

was peddled most recently by Department
of Homeland Security (DHS) Secretary Michael Chertoff to

Senate Judiciary committee
and to his

own employees
. In contrast, TRUE Enforcement looks
like a knight in shining armor.

But what is
immigration law enforcement anyway?

Answer: Real
immigration law enforcement is

arresting aliens

deporting them
, and making sure they stay out

That means summary
removal, not perpetual federal litigation. That means

officers with guns
removing as many


as quickly and efficiently as possible.

This past July 4, I

about a "look-out-the-window" reality check
for judging Congressional immigration proposals. It
applies now more than ever:

"Until the time comes
when Americans look out of their windows one morning and
see vans,

trucks, buses and trains
filled with

illegal aliens

criminal alien
residents streaming outbound

toward the border,
or to the nearest

out of the country . . . ONLY THEN will we
know that something is being done.

"But until that day
comes, Americans can know with absolute certainty that
the federal government has done NOTHING to halt the
illegal alien invasion of these United States . . . But
until then, you`ll know that all of the "solutions"
emanating from Congress—including the ghastly specter of
another "amnesty"—are all just a lot of hot air."

So does TRUE
Enforcement actually deport aliens?

Answer: Yes . . .
well, some of them.

There are some

summary removal
provisions in the bill. But
unfortunately, there are other parts of the bill that
work in the exact opposite direction, expanding and
perpetuating the worst elements of the federal
immigration litigation bureaucracy.

For example, the
bill features three excellent summary removal amendments
to the Immigration and Nationality Act (INA) that take
jurisdiction away from the Immigration Court
bureaucracy of the Department of Justice`s Executive
Office for Immigration Review (EOIR).

And that`s a good
thing. Bravo!

But the bill then
turns right around and authorizes the hiring of at least
250 more government attorneys—including

50 EOIR immigration judges
to fuel the immigration
litigation factory even further!

Remember there`s an
important distinction among government lawyers. Hiring

Assistant United States Attorneys
to actually
prosecute immigration crimes
and put criminal
aliens in federal prison
(for crimes such as

reentry after deportation

alien smuggling
, or for the newly-criminalized
"illegal presence"
grounds in the bill`s Sections
503 and 504) is GOOD.


hiring even more
EOIR immigration judges? . . .
that`s BAD!


faction in Congress would love to
hack TRUE Enforcement to pieces. But there is hope.

The last two major

immigration bills
from 1996 (the AEDPA and IIRAIRA
bills) actually established the important concepts of

Expedited Removal

Reinstatement of Removal
for the first time.

And those
bills—America`s last attempt at real immigration law
enforcement—passed both the House and Senate and were
signed into law by none other than President Clinton.

So stranger things
have happened, folks. A groundswell of popular support

"the border fence bill"
could cause it to carry.

is my section-by-section highlights of the

TRUE Enforcement and Border Security Act of 2005

(H.R. 4313) . . . which just might become law.

  • Expedited Exclusion
    512 amends INA Section 235(b) once and for all to
    galvanize the DHS to actually implement the authority
    granted by Congress in 1996 to enforce these same
    provisions. This giant step for summary removal will
    hopefully end the nearly ten years of foot-dragging and

    of INA Section 235(b) by the executive
    agencies. Under this section, any illegal alien found
    anywhere in the United States within five years of entry
    can be summarily removed by DHS immigration officers
    without the alien entering the

    deportation black hole
    of Immigration Court hearings
    before the Department of Justice`s Executive Office for
    Immigration Review (EOIR) and the federal appellate

Juan`s comment

  • Expedited Removal of Criminal Aliens (ERCA)—
    513 amends the existing "administrative removal"
    provisions of INA Section 238 to set up another EOIR-free
    and litigation-free summary removal avenue for aliens
    convicted of an "aggravated felony" under
    immigration law, as well as

    alien firearms violators
    , and assorted terrorists
    and saboteurs.


The new "ERCA" is music to my ears! But why not
extend "ERCA" to all criminal alien categories
listed in INA Section 237(a)(2) . . . notably drug
crimes and "crimes involving moral turpitude."
How about it, Congress?

  • Reinstatement of Removal
    514 amends the existing INA Section 241(a)(5) process
    for allowing immigration officers to summarily remove
    aliens who have been previously removed, deported or
    excluded from the United States. The beauty of
    a previous order against an alien lies
    in (as always) the bypassing of EOIR and federal court
    litigation in this summary process. These TRUE
    Enforcement amendments cure the mischief caused by the
    Ninth Circuit Court of Appeals which took it upon itself

    this section of law recently.

Juan`s comment

Unfortunately, these amendments only make reinstatement
of removal effective for aliens presenting themselves
for inspection at a Port of Entry (POE), rather than for
all previously-deported aliens found again within the
United States. By limiting reinstatement only to the POEs, this most efficient law enforcement tool CAN`T be
used for previously-deported aliens encountered again
within the United States, especially in local jails and
state prisons. But it would sure come in handy to ensure
summary removal of these previously-deported aliens,
just in case the bill`s reinvigorated expedited removal
and ERCA provisions don`t happen to apply to a
particular illegal alien.

  • Institutional Removal Program—
    223 uses the heavy hand of the federal government, as
    well as the

    carrot of federal funds
    , to make sure that
    deportable illegal aliens and resident aliens detained
    in state and federal prisons are turned over to the DHS
    for removal.

Juan`s comment

And that`s a good thing, since finding out which
convicted criminals are deportable aliens is a lot
easier when they`re

locked up
rather than out on the street. This
provision is vital for the expedited removal of criminal
aliens in the bill`s Section 513.

  • Citizen standing to sue
    233 grants a

    private right of action
    in federal district court
    for citizens to

    sue, sue, sue
    [!!] to enforce federal, state and

    local cooperation
    with immigration law enforcement.
    So when your local city council decides to declare an

    illegal alien sanctuary zone
    , the treasonous local
    officials will finally be forced to defend themselves in
    federal court, or risk the loss of federal law
    enforcement money for their fiefdoms.



  • Three kinds of
    "voluntary departure"
    511 amends INA Section 240B to create a new framework
    for allowing many deportable aliens to leave the United
    States within 90, 60 or 45 days without going through
    the entire EOIR Immigration Court hearing and appeal
    process. The new voluntary departure options force
    aliens to make a decision on whether to leave
    voluntarily before going to a full EOIR "merits
    with an immigration judge. The amendments
    limit the alien`s options so they won`t be able to just
    take voluntary departure anyhow, years after presenting
    a losing claim for relief in EOIR Immigration Court. The
    new framework also gives complete control over setting
    voluntary departure bond amounts (so the aliens will
    actually leave) to DHS officers, not EOIR immigration


good! During the glory days of immigration law
enforcement during the

Eisenhower Administration
, voluntary returns (in
lieu of hearings) played a major role in actually

deportable aliens
out of the country.

  • Alien
    Gang Removal
    507, 508 and 509 of TRUE Enforcement look like a
    reincarnation of "The Alien Gang Removal Act of

    H.R. 2933
    — introduced in the House on June 16 by J.
    Randy Forbes (R-VA). I`ve already

    the bill this past June, and provided

    for improvement. One particular
    highlight of the gang provisions is that TRUE
    Enforcement Section 508 amends the mandatory immigration
    detention provisions of INA Section 236(c) to include
    suspected gang members who are foreign nationals.

Juan`s comment

Bravo! The more deportable aliens covered under
mandatory detention, the merrier! Though "gang
will be difficult to prove, the gang
bill will be an excellent law enforcement tool for
getting foreign

drug cartel foot-soldiers
and their

street gang accomplices
off of the streets and
hopefully out of the country.

  • Detaining aliens on obsolete military bases
    221 authorizes the creation of 200,000

    bed spaces
    for immigration detention and removal
    from among 20 military bases previously slated for
    closure by the federal government.

Juan`s comment

Now that`s one helluva good idea!

  • Ankle
    bracelets for aliens?
    there are going to be 200,000 new beds available for

    ICE Detention
    (in Section 221),

    why bother
    with the ridiculous non-detention schemes
    of Section 517? . . . "to study the effectiveness of
    alternatives to detention, including electronic
    monitoring devices and intensive supervision programs,
    in ensuring alien appearance at court

    you go again . . . EOIR Immigration Court!
    ] and compliance
    with removal orders."

  • Dueling Immigration Bond provisions
    312 and 518 in the

    review copy of TRUE Enforcement [PDF] that I
    received offer different, conflicting amendments to the
    same provision of law, namely the immigration bond
    procedures of INA Section 236(a)(2). Personally, I
    prefer the Section 312 version, which raises the minimum
    immigration bond amounts from $1,500 to $10,000 for all
    aliens. Section 518 offers a geographic limit (100 miles
    from a border) and an exception for Mexicans (as well as
    all those border-jumping

    , too) and only raises the minimum bonds to
    $5,000. Which one will it be, Congress?

  • Illegal alien defined
    all the precision a physicist could muster, Section 222
    of TRUE Enforcement creates a new INA Section 240D,
    which defines the term

    illegal alien
    in the context of procedures for
    arrest and detention of immigration violators by state
    and local law enforcement.

  • Criminalizing illegal presence—
    503 and 504 criminalize the illegal presence of aliens
    who have failed to comply with the terms of their
    immigration status, including those who have over-stayed
    non-immigrant visas. Previously, only the offense of
    illegally entering the United States was punishable as a
    federal crime prosecuted in federal district court by
    U.S Attorneys. Now, visa over-stayers can be charged
    with a federal crime too. But since so few of the
    millions of illegal aliens in the United States are
    actually prosecuted in federal court anyhow, will any
    aliens really be prosecuted for these new crimes?

  • More
    government lawyers—
    202 allows the hiring of at least 250 more government
    attorneys, including 50 new positions for United States
    Attorneys to be hired for prosecuting
    immigration-related crimes in the federal district
    courts. Unfortunately, the other 200 new lawyers in the
    bill only serve to feed the federal immigration
    litigation bureaucracy, including 50 new EOIR
    Immigration judges, 100 new attorneys assigned to the
    DHS Immigration and Customs Enforcement (ICE) division
    to appear in EOIR Immigration Court, and 50 new
    attorneys in the Department of Justice`s Office of
    Immigration Litigation (OIL) to defend the mass of
    opportunistic immigration litigation in the federal
    circuit courts of appeal that was created by the EOIR
    Immigration Court process in the first place!

Juan`s comment

Remember, folks: more summary removal (that is, avoiding
the EOIR system altogether) means less federal
litigation. It`s high time to stop the immigration
litigation madness, rather than fueling it.

  • Rolling illegal alien amnesty continues
    515 attempts to curtail the ridiculous rolling amnesty
    of INA Section 240A(b)

    "cancellation of removal
    for certain non-permanent
    by applying the inadmissibility grounds
    of INA Section 212(a)(9)(B) which bar certain aliens
    from the relief if they were previously removed,
    deported, or otherwise returned by immigration
    authorities. Unfortunately, because of the way these
    particular inadmissibility grounds are constructed, the
    Treason Lobby`s

    in the private immigration bar are free to
    argue that the INA Section 212(a)(9)(B) bar is
    inapplicable to their previously-removed alien as long
    as the alien is not "seeking admission within three

Juan`s comment

Yes, but regardless of this loophole, the scandal
remains as to why the earned "green card"
provisions of INA Section 240A(b) "cancellation of
are allowed to persist in the Immigration
Act at all. This section of law rewards illegal aliens
with a brand new "green
if they successfully hide in the United
States for ten years, and have a spouse, parent or child
who is a U.S. citizen or lawful permanent resident. In
other words, illegal aliens can proudly

emerge "from the shadows,"
turn themselves in
to ICE, and apply for non-resident "cancellation of
if they successfully evaded immigration
authorities for ten years, and have a qualifying
relative—even though they may not be eligible for an
immigrant visa petition through that person for years.
This situation is a textbook example of illegal aliens
cutting ahead in the visa line to enter the U.S.
illegally and being rewarded with a "green card"
for their efforts. Allowing the EOIR-administered INA
Section 240A(b) rolling amnesty to persist—thus
providing more incentives for illegal aliens to hide
from the authorities—is anathema to "true"
immigration law enforcement.

  • No U.S. citizenship for [some] alien jackpot
    —Section 322 unveils the long overdue
    abolition of birthright United States citizenship by
    clarifying the 14th
    Amendment`s phrase

    "subject to the jurisdiction"
    of the United
    States for purposes of defining citizenship and
    nationality at birth under INA Section 301. In other
    words, illegal alien and non-immigrant visa-holding
    mothers can no longer confer United States citizenship
    on their children simply by giving birth to them on
    United States soil. TRUE Enforcement also brings back
    the marital distinctions of birthright citizenship by
    allowing either married parent with

    permanent resident
    status or U.S. citizenship to
    pass on U.S. citizenship to their child only if their
    child is

    born in wedlock
    on U.S. soil. So illegal alien
    mothers can now give birth to a future U.S. citizen ONLY
    if they are already married to a U.S. citizen or to a
    lawful permanent resident alien (that is, if the illegal
    alien mother has the possibility of adjusting status in
    the future through an immigrant petition). However, this
    framework creates the situation where a married couple
    of an illegal alien mother and permanent resident alien
    father—as well as a married couple of resident
    aliens—can give birth to a child on U.S. soil and still

    confer U.S. citizenship
    . . . a status which neither
    of them currently possess. Jackpot!

  • Federalization of birth and death
    —Section 443 calls for the federalization of
    birth certificate standards nationwide by giving as
    yet undetermined regulatory authority to the DHS and
    Health and Human Services (HHS) Secretaries. As with the REAL ID Act`s
    federalization of state driver`s license standards, this
    open-ended power consolidation by the federal government
    will soon start the phones ringing at the office of

    Rep. Ron Paul
    from Texas. Rep. Paul had objected
    strenuously to the passage of the

    REAL ID Act
    (H.R. 1268) last May because of the
    bill`s federalization of license standards that have yet
    to be determined by the DHS Secretary. And by the way,
    Section 433 of TRUE Enforcement allows the HHS Secretary
    to create a nationwide "electronic birth and death
    registration system"
    with "a common data exchange
    in order to allow "the implementation
    of electronic verification of a person`s birth and

Juan`s comment

But doesn`t "true" immigration law
enforcement entail keeping track of aliens, not U.S.
Rep. Paul, call your office!

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