Category Archives: Legal

Problems with Secure Communities?

No other issue in contemporary American politics provokes as much controversy or debate as immigration. Political leaders constantly shift their support for or in opposition to immigration reform or enforcement. U.S. citizens and legal residents argue among themselves over the measures required to solve illegal immigration. Individuals who are illegally in this country demonstrate peacefully to draw attention to their plight. Some of their countrymen who live legally in the U.S. oppose their demands for leniency and forgiveness. In the absence of comprehensive immigration reform on the federal level the states have enacted laws designed to protect their own interests. Religious leaders who   normally argue obedience to the law have stated that they and their organizations will disobey any law that requires the denial of safe haven for any person. Everyone seems to believe that immigration reform is necessary. As good citizens we should advocate the indiscriminate enforcement of all our laws,  including those affecting immigration. A country’s right to control the  movement of people across its borders is not in dispute. The larger immigration debate centers on what to do with the millions of persons who have illegally entered into the U.S. or violated set conditions for remaining in the country.

The basic tenets of U.S. immigration law are clearly understood. It is a violation of U.S. law for a person to enter the United States without permission or legal  processing. This type of entry into the U.S. is a crime. A civil fine will automatically be imposed consistent with the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, together with any other criminal or civil penalty. People who entered the U.S. in this way are considered to as undocumented aliens (“illegal alien”). U.S. citizens and legal residents must also be processed and inspected upon their return to the U.S.

Many foreigners enter the U.S. upon an approved application or petition. At a designated ports of entry U.S. authorities process these people and then release them into the U.S. under certain terms and conditions.  Unfortunately, some visitors and non-immigrants violate the terms under which they were permitted entry into this country. The U.S. is likely  to start removal or deportation proceedings against these people. U.S. immigration law and enforcement revolve around these basic tenets.

As of yet no one has seriously challenged on legal grounds these basic laws. No group seriously argues that the U.S. discriminates in enforcing its removal or deportation laws. There is no disputation that international law gives every country the right to secure its borders. Consequently any discussion of the Secure Communities program (SComm) should not take place in the larger debate about immigration. Immigration advocates , behaving more like French anarchists than civil libertarians, are challenging America’s rights to secure its borders. They should re-read American history. The Founder Fathers established this country based upon the premise that its borders would be secured. Alexander Hamilton, one of the Founding Fathers, stated that “…To admit foreigners indiscriminately to the rights of citizens, the moment they foot in our country would be nothing less than to admit the Grecian horse into the citadel of our liberty and sovereignty…”

SComm seeks to achieve policy goals that most people clearly believe further U.S. interests. The initiative specifically repudiates the past enforcement procedure of  the “tag and release” of immigration violators. ICE 

If we all believe that our laws should be enforced then why is there any opposition to the SComm?

Dominque Strauss Kahn is a Free Man

Today Cyrus Vance Jr., the Manhattan District Attorney, reclaimed his office’s credibility. Prosecutors formally requested that charges against Dominique Strauss Kahn be dismissed. Yesterday afternoon prosecutors as part of the dismissal process filed papers which outlined their reasons why the charges should be dropped. Prior to taking this step prosecutors met with the alleged victim and her attorney. According to the lead prosecutors the complainant, Ms. Diallo, had lied to them about the facts of the case and her own personal life. Also she had been untruthful and deceitful before regulatory agencies and there were questions surrounding the truthfulness of the initial allegations. Under these circumstances the prosecutors rightfully concluded that the case against Mr. Strauss was no longer viable. The judge after reading and hearing the arguments dismissed the charges. Mr. Strauss is once again (almost) a free man as he should be. The stay of the order of dismissal that the judge imposed will be removed when the Appellate Division refuses to grant a Special Prosecutor. Did anyone doubt that this case would end like this?

This was the correct decision based upon the law and facts. Mr. Vance’s actions send a clear message that his office represents the People and not any one person. It is now understood that his office will only prosecute cases based upon their merits and not political considerations. The suggestion that Mr. Vance might have asked for dismissal of the case because of some racial consideration is absurd and the opposite is more likely true. We all need to make decisions without a hypersensitivity to issues of race, national origin, sexual preference, or economic status. A lie is a lie regardless of the person’s skin color.

Does Ms. Diallo now face legal problems for her own transgressions?

Can Mr. Strauss regain his former political status in France?