Free Markets, Free People

Customs Enforcement


When government chooses not to enforce the law of the land

As you might imagine, it has consequences, and, given this situation, it is very hard to pretend the consequences are unintended.  Why? Because even a 5th grader could have predicted this outcome:

In a startling allegation, the president of the union representing Immigration and Customs Enforcement officers claimed illegal immigrants are "taking advantage" of a new directive allowing some undocumented residents who came to the U.S. as children to stay in the country. Union boss Chris Crane said the policy ends up allowing illegal immigrants to avoid detention without any proof — particularly so-called "dreamers," or those illegal immigrants who would benefit under the "DREAM Act" proposal, which Congress has not passed but the administration  has partially implemented.

"Prosecutorial discretion for dreamers is solely based on the individual’s claims. Our orders are if an alien says they went to high school, then let them go," he said at a press conference with GOP senators. "Officers have been told that there is no burden for the alien to prove anything. … At this point we don’t even know why DHS has criteria at all, as there is no requirement or burden to prove anything on the part of the alien.

"We believe that significant numbers of people who are not dreamers are taking advantage of this practice to avoid arrest," he said.

Whether or not you agree with the immigration laws of the country, executive fiat is not the method the Constitution outlines as legitimate redress.  And, unsurprisingly, those illegals who would benefit, even if not actually eligible, will exploit an opportunity such executive fiat presents.

According to Chris Crane, that’s precisely what is happening. 

The allegations from the union were expressed in unusually blunt terms Thursday.

George McCubbin, president of the National Border Patrol Council union, said the Department of Homeland Security has made it impossible for agents to do their jobs.  

Crane said it’s led to disorganization and "confusion" at ICE.

Not that ICE hasn’t had its share of confusion in the past, but now, it is even more difficult to do their jobs. 

Crane cited one case in which, he said, an immigrant facing criminal charges was let go under the policy. Further, he complained that officers are "under threat of losing their jobs" if they defy the policy.

Anyone who thinks this is how our system should work needs to re-examine the Constitution.  One branch creates the laws (legislative) and one branch enforces the laws (executive).  If you don’t like a law or want it changed or repealed then it’s back to the legislative branch.  And no, inaction by the legislative branch doesn’t mean the executive branch can arbitrarily ignore the law or decide it’s not going to enforce it.  Not and still be a Constitutional republic.

I’m on record saying our current immigration system sucks.  There’s no reason in this day of cyber advances that we couldn’t have the slickest and quickest system on earth.  And yes, I hold Congress directly responsible for the inactivity that has led to the mess at the border. 

But that doesn’t give the executive license to ignore laws or selectively enforce them.   Kings do that, not presidents, and we have no kings.  We just have a president who thinks he’s one.

~McQ

Twitter: @McQandO