Calumny Heaped Upon Lies—Treason Bar Claims That Congress Has No Authority Over Immigration At All
02/14/2012
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The Treason Bar is at it again. Now they are claiming that Congress has no authority over immigration at all. They think that since the word "immigration" is not in the Constitution, then the Constitution requires open and unrestricted borders, at least for people. Consequently, the Treason Bar has slandered the not-so hardworking employees of U.S. Immigration and Customs Enforcement (ICE), stating that they are a gang of child kidnappers.

ILW February 13, 2012 by Lynn Atherton-Bloxham

Kidnapped By The State

It seems that practically every day we hear or read a story of a missing baby or child. Decent humans react with horror and feel empathy for the grief stricken parents. Our fervent thoughts are for the safe return of the child to the parents. A kidnapper who takes from loving parents their precious child or children, who callously or sadistically, physically or mentally harms and tortures that child is truly reprehensible. Violating children is regarded by civilized people as beyond criminal. We cannot help but mentally place them in a category reserved for the very evil.

What many people do not know is that 5,100 children have been kidnapped over the last few years and yet most of us never heard about these particular kidnappings. Taken by force from loving parents, with little media attention or sympathy to the parent's enormous struggles and acute sorrow, very few people are even aware of these kidnapped children. How can this be? How can so many children be kidnapped and it not be a major news story? Worse, the gang doing the kidnapping is known by the police and FBI, yet, they refuse to assist the distraught parents. What? Not in America? Not in our America, a country peopled by those who show their generosity of spirit and concerns daily for complete strangers whenever tragedy strikes.

This is certainly the truth, but it gets far worse. Not only do the police and FBI know of these children, these babies and children were kidnapped by orders of the State. Working parents were rounded up in the hysteria of the anti-illegal sweeps by the gang known by the acronym of “ICE” (Immigration and Customs Enforcement). The parents were seldom given an opportunity to even make arrangements for their children. The workers were loaded on buses, in most cases right from their workplace, and either imprisoned or deported, sometimes hundreds of miles from where their children were.

How we get from arresting illegal aliens to kidnapping of the children of illegal aliens is unknown. ICE does not take generally take children into custody, they are most always automatically released, as are the custodial parent of a minor. Nor does ICE immediately deport illegal aliens, by bus or any other means. Only aliens who chose to not challenge their removal are relatively quickly removed, and even that takes weeks, certainly not "right from their workplaces..." But ICE does allow parents in custody to make arrangements, if the alien is not immediately released, as happened in even the notorious kosher meatpacking raids in Iowa.

But in any event, anyone who is arrested is by definition separated from their children. There are plenty of criminals in prison away from their children, but they seem to be able to keep in contact.

Even worse, the Treason Bar goes on to claim that no laws concerning immigration can be enforced. Why, because they claim immigration is not mentioned in the Constitution. Note that naturalization is, and the Court has ruled that immigration is subsumed in that power.

Now Andrew McCarthy has made the same argument, basically claiming that States may enforce their own immigration laws. McCarthy notes that New York was at one time rejecting aliens arriving from foreign. Well that was certainly a long time ago. And it does have some Constitutional providence. If immigration is not mentioned in the Constitution, it is then a State power if one follows 10th Amendment. The problem being is that New York will not today reject any immigrant. Similarly with California and other leftist States. And given the Comity and Full Faith and Credit clauses, any immigrant admitted by New York or California will have to be accepted by any other State. A recipe for disaster. The authority to reject immigrants arriving in a State is not much of a power if New York, Massachusetts, or California will allow the alien to immigrate. But Bloxham goes even further, she argues that there may be no regulation of immigration, despite her source admitting that before the Constitution the Colonies were restricting immigration, and, of course, the 10th Amendment, than inconvenient and much ignored amendment. But in any event, since the authority of naturalization was given to the Federal government, it is not much of a stretch to presume that our Founders thought that meant immigration as well.

If not, an amendment will suffice. Just write it so the courts have no review of immigration decisions.

One should also note that determinations of child custody and parental rights are made by State courts, not the Federal government. An arrest of a parent is a non-issue for the Federal government. The 10th Amendment says that child custody decisions are made by States. I guess Bloxham just never actually read the Constitution.

But lies and calumny are not the only adventure the Treason Bar gives us on this day. We are also inadvertently treated to a first hand account of the ongoing administrative amnesty. Bloxham and an accompanying ABC report, describes a minor taken in protective custody when his apparently unmarried mother is arrested for immigration violations.

The alien is Encarnacion Romero, an illegal alien from Guatemala. She got arrested and held for removal. Since she was in custody, she lost custody of her child. Presumably a single parent, she was then released by ICE, the gang of kidnappers, to pursue a challenge to her loss of custody of her child. Of course, she has not learned a single word of English since, and is most likely on welfare. What the Treason Bar did not mention was that had Romero not challenged her removal, she, and her child, would have been sent back to Guatemala. Only her efforts to remain in the U.S. caused the separation from her child. The fact that she is trying to gain custody is also the reason she obtained amnesty. ICE is releasing illegal aliens with outstanding lawsuits.

It must be noted that many thousands of aliens are removed each year with accompanying minor U.S. citizen children. It is not an uncommon issue that ICE deals with. While it is not the responsibility of ICE to make arrangements for a deportee to be accompanied by dependent minor, it occurs every day.

And contrary to the claims on the ABC report by Rinku Sen (another undoubtedly ungrateful immigrant), Executive Director for Applied Research Center, a mau-mauing group of white hating lawyers, that there are no "federal" requirements concerning minors and parents held in custody, there in fact are. This blog has long documented ICE's amnesty for custodial parents. In general, ICE releases single custodial parents, nursing mothers, primary care providers, etc. In the end, only those who do not want to go home with their children actually go home without their children. ICE makes every effort to either release or accommodate illegal alien parents and their children.

Romero has  now been here for almost five years, and she will not be going anywhere anytime soon. We will now have another typical welfare client, unmarried, bearing children out of wedlock, contributing nothing, but receiving much from the taxpayer. All thanks to ICE. Which is amusing since the Treason Bar whole intent with this screed was to portray ICE as uncaring thugs. In fact, ICE now is the toady of the Treason Bar, administering an amnesty in violation of both law and the Constitution.

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