Free Markets, Free People

ICE


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


Hamas calls Greek stop of US blockade runner “inhumane”– Israel on “Specially Designated Country” list for first time

In the world of overwrought spin and propaganda we find a premiere example of the genre from Hamas:

The Palestinian Islamist movement Hamas on Friday denounced Greece after its coastguard intercepted a US vessel which tried to sail to Gaza to break Israel blockade of the coastal strip.

In a statement issued by its political leadership in Damascus, the militant group described the action as "inhumane" and said Greece had played into Israeli hands.

"This is inhumane action, is contrary to international regulations and norms," said the statement by Hamas, a copy of which was obtained by AFP.

"Barring this aid from reaching the Gaza Strip is done as a result of pressure imposed by the Zionist occupiers," referring to Israel.

Of course the US ship, the “Audacity of Hope” has no aid.  It is sailing with nothing but letters of support.  Secondly, even if it was, there’s a very well-established route to deliver aid to Gaza.   The blockade runners simply want to further demonize the Israelis by attempting to provoke an incident like that which happened the last time this was tried.

Finally:

The Israeli-imposed blockade of Gaza "is unjust… and a mark of disgrace on the forehead of humanity," [Hamas] said.

Translation: “The blockade prevents us from smuggling in more weapons than we have now. “

Of course with the overthrow of Mubarak, the Egyptian portion of the border is quite porous now so even that objection is largely invalid.

Nope – just another example of a long line of examples of Hamas calling the right of a nation to defend itself “inhumane”, mostly because it doesn’t recognize that nation’s right to exist.  Given all the other ways to get aid to Gaza – real aid – it is clear this has nothing to do with any of that.

It is simply another in a long line of attempts to provoke that nation into acts of self-defense so it can condemn it further.   It is the equivalent of firing rockets into Israel and then condemning Israel when it reacts.

And for some reason, much of the rest of the world takes its condemnations seriously.

Meanwhile, CNS news reports that for the first time, Israel has landed on the “Special Designated Country” list.  What does that mean?

[T]he Obama administration is currently listing Israel among 36 “specially designated countries” it believes “have shown a tendency to promote, produce, or protect terrorist organizations or their members.”

Also on the list are countries like Egypt, Jordan, Syria, Lebanon and the Palestinian territories of the West Bank and Gaza.

This is the first time Israel has shown up as an SDC. 

Of course, no one seems to know how that happened, but ICE is the agency tasked to carry out the enforcement of what SDC means:

Even though the administration includes Israel among “specially designated countries” that it believes "have shown a tendency to promote, produce, or protect terrorist organizations or their members,” ICE Spokeswoman Gillian Christensen told CNSNews.com that the U.S. also considers Israel, as well as some other countries on the “specially designated countries” list, as partners in the struggle against terrorism.

“The U.S. does not and never has considered Israel to have links to terrorism, but rather they are a partner in our efforts to combat global terrorism,” Christensen said in a written statement. “Countries may have been included on the list because of the backgrounds of arrestees, not because of the country’s government itself.”

“The United States maintains close intelligence-sharing relationships with many of these countries in order to address security issues within their own borders and in our mutual pursuit of safety and security around the globe,” said Christensen.

ICE declined to say who put Israel on the list or when Israel was put there. However, in her written statement, ICE spokeswoman Christensen said the “specially designated country” list had been created "at least" seven years ago–which would have been during the presidency of George W. Bush–and that ICE was not responsible for creating it.

Yes, friends, it’s Bush’s fault.  Bottom line though, given how SDC is defined, it is hardly the appropriate list for Israel to be on.

Oh, and who didn’t make the list this time but was on the last one?

North Korea.

~McQ

Twitter: @McQandO


Nanny and the “Kinder Eggs”

I hope everyone one had a bright and sunny Easter (or Passover)weekend and were able to enjoy it with their family and friends.  It was nice to take a day off from just about everything.

Mark Steyn’s kids apparently didn’t get the opportunity to enjoy it in the way they wished.  Apparently as the family tried to reenter the US from Canada, our sharp eyed border agents protected them from something that they didn’t even realize was a threat.  Yes, friends, Nanny took away the kid’s “Kinder Eggs” to protect them from a potential choking hazard:

Late last night, crossing the Quebec/Vermont border, my children had two boxes of “Kinder Eggs” (“Est. Dom. Value $7.50″) confiscated by Customs & Border Protection.

Don’t worry, it’s for their own safety. I had no idea that the United States is the only nation on the planet (well, okay, excepting North Korea and Saudi Arabia and one or two others) to ban Kinder Eggs. According to the CBP:

Kinder Chocolate Eggs are hollow milk chocolate eggs about the size of a large hen’s egg usually packaged in a colorful foil wrapper. They are a popular treat and collector’s item during holiday periods in various countries around the world, including those in Europe, South America and even Canada. A toy within the egg is contained in an oval-shaped plastic capsule. The toy requires assembly and each egg contains a different toy. Many of the toys that have been tested by the Consumer Product Safety Commission in the past were determined to present a choking hazard for young children.

And yet oddly enough generations of European and Latin American children remain unchoked. Gotta love that “even Canada”, by the way: Is that an implied threat that Kinder Egg consumption is incompatible with participation in NORAD or membership of NAFTA?

Obviously Nanny doesn’t feel that Steyn is enough of a parent to supervise his children’s consumption of this confection and the CPC, enforced by the CBP have decided no parent in the US is qualified or should be allowed to have this product. Steyn is obviously an unfit parent just for allowing the little tykes to buy the eggs, no? 

And just to make you feel safer, they keep stats of how many eggs they’ve confiscated, because, you know, it’s all "for the children".   Always nice to be able to tout how vigilant you’ve been with confiscating kid’s confections even while the border remains a super-highway for illegal immigrants:

The Food and Drug Administration has issued an import alert for Kinder Eggs, because they are a confectionery product with a non-nutritive object imbedded in it. As in years past, CBP, the Food and Drug Administration and CPSC work in close collaboration to ensure the safety of imported goods by examining, sampling and testing products that may present such import safety hazards. Last year, CBP officers discovered more than 25,000 of these banned chocolate eggs. More than 2,000 separate seizures were made of this product.

I assume some smart bureaucrat will at some point translate that into a claim the lives of 25,000 children have been saved, or some such nonsense.  They could use that to at least justify in their own minds the unwarranted intrusion into the role of the parent, or something, right?  Not that they’ve felt a need to justify that in the past (I wonder what Nanny thinks of Cracker Jacks?).

Speaking of intrusion, you had better secure your WiFi network if you haven’t already – otherwise ICE’s SWAT team may be planning a visit, especially if you have a pervert for a neighbor. 

But be thankful today – Nanny is on the case and Kinder Eggs shall not touch your child’s lips.

Don’t you feel so much safer and secure?

~McQ


Polar bears not "endangered" per White House – Al Gore in shock

A favored myth of the warmist alarmist is we’re killing off the polar bears through AGW by melting their habitat.

Not so fast says the Obama administration:

The Obama administration is sticking with a George W. Bush-era decision to deny polar bears endangered species status. In a court filing Wednesday, the Fish and Wildlife Service defended the previous administration’s decision to give the polar bear the less-protective “threatened” species designation, a move that will frustrate environmentalists who hoped for stronger protections under the Endangered Species Act.

One of the more obvious things most should understand, at least by now, is getting an animal on the endangered list isn’t so much about the animal is about power. All sorts of regulatory restrictions kick in with such a designation.

And the enviros get to help enforce them. Go out on Ft. Bragg NC’s maneuver areas and marvel at the red-cockaded woodpecker’s power – and the the enviro monitors who sit out in the habitat area and ensure soldiers don’t invade the woodpecker’s space.

The same sort of power would accrue the enviros with the placement of the polar bear on the endangered list.

FWS Director Rowan Gould said the 2008 "threatened" listing was made "following careful analysis of the best scientific information, as required by the ESA." At the time, the service determined the bears weren’t danger of extinction, so did not warrant the “endangered” status.

The bears were listed as "threatened" because they face serious threats from projected decline in its sea ice habitat due to global warming would result in them likely being in danger of extinction in the foreseeable future.

Typical of the "science" used by the alarmists is this:

In a news release issued after its conference last July, the PBSG concluded that only one of 19 total polar bear subpopulations is currently increasing, three are stable and eight are declining. Data was insufficient to determine numbers for the remaining seven subpopulations. The group estimated that the total number of polar bears is somewhere between 20,000 and 25,000. (Estimates of the population during the 1950s and 1960s, before harvest quotas were enacted, range from 5,000 to 10,000.)

So the polar bear population has more than doubled from the high 1950′s estimate yet they’re "endangered" according to some? This little caveat is also listed:

However, the PBSG quickly acknowledged that “the mixed quality of information on the different subpopulations means there is much room for error in establishing” the numbers, and “the potential for error, given the ongoing and projected changes in habitats and other potential stresses, is cause for concern.”

Or said another way, "we don’t know what the real polar bear population is but it must be in decline and, btw, our projected decline is based on those stellar climate change models that have been so accurate to this point". Regardless, it is hard to sell endangered species when the species has had a 100% plus growth in 50 years (with harvesting).

The “science?”

Harry Flaherty, chair of the Nunavut Wildlife Management Board in the capital of Iqaluit, says the polar bear population in the region, along the Davis Strait, has doubled during the past 10 years. He questions the official figures, which are based to a large extent on helicopter surveys.

“Scientists do a quick study one to two weeks in a helicopter, and don’t see all the polar bears. We’re getting totally different stories [about the bear numbers] on a daily basis from hunters and harvesters on the ground,” he says.

Want to make a bet on who is right?

Bottom line: “Science” in the name of a political agenda is no science at all.  And as more information continues to come out, it appears that the “science” of AGW isn’t based in science so much as it is the accrual of power and control to those who would love to dictate how you must live – for the planet, of course.

~McQ


Homeland Security’s arbitrary law enforcement

Apparently if you don’t like the law and you’re the Homeland Security Department – you know, the department charged with ensuring your safety – you can just quietly refuse to do your job.  Judicial Watch clues us in:

A month after the Department of Homeland Security launched a covert program to dismiss pending deportations there’s been an increase of more than 700% in the number of cases that have been dropped by the government in one of the nation’s busiest immigration court systems.

In August Homeland Security officials quietly began to systematically dismiss the pending removal of illegal immigrants, even when expulsion was virtually guaranteed or the aliens had a criminal record. The move, first reported by Texas’s largest newspaper, stunned the legal profession and baffled immigration attorneys who said it was “absolutely fantastic” for their illegal alien clients.

Instead of enforcing the law, they’ve decided to interpret it as they wish and to modify the criteria for expulsion to whatever they arbitrarily decide

However, EOIR’s liaison with the American Immigration Lawyers Association, Raed Gonzalez, said he was briefed on the guidelines in August directly by DHS’ deputy chief counsel in Houston and described a broader set of internal criteria.

Government attorneys in Houston were instructed to exercise prosecutorial discretion on a case-by-case basis for illegal immigrants who have lived in the U.S. for at least two years and have no serious criminal history, Gonzalez said.

To qualify for dismissal, defendants also must have no felony record or any misdemeanor convictions involving DWI, sex crimes or domestic violence, he said.

Now before some nimrod who never reads the blog beams in and claims I’m “anti-immigration”, let’s be clear.  No, I’m not.  But we have a proper and legal way of immigrating into this country and an improper and illegal way of doing so.  The government’s job is to enforce the law and its priority should be the protection of the rights of its citizens.  Decisions to arbitrarily enforce law or not enforce it at all shouldn’t be within the ability of the government’s enforcement agencies to decide.  We have a process for that – it’s called legislation. 

As I recall, law enforcement agencies require oaths of their agents to “enforce the law”.  Not to “internally” decide to modify them to suit their tastes or a political agenda.

I understand the “system” is broken.  But “clearing a backlog” by dismissing cases against law breakers on whatever grounds simply encourages more of the illegal behavior they’ve displayed.  If there’s really no risk in flaunting the law, there’s no reason not to engage in the behavior that breaks it.

Obviously the immigration system needs to be overhauled and immigration brought into the 21st century with a speedier and less costly process that better serves all. 

But that is a separate issue from the subject of this post.  It is dangerous and destructive to have government agencies who have been charged with enforcing the law to be internally deciding what if any of the law they will enforce.  It’s just another example of the government not serving the needs of those it is Constitutionally charged with protecting.  It has, however, become almost a trademark of this administration.

~McQ


Observations: The Qando Podcast for 22 Aug 10

In this podcast, Bruce, Michael, and Dale discuss ICE and Illegal immigration, The end of OIF in Iraq, and the upcoming election.

The direct link to the podcast can be found here.

Observations

As a reminder, if you are an iTunes user, don’t forget to subscribe to the QandO podcast, Observations, through iTunes. For those of you who don’t have iTunes, you can subscribe at Podcast Alley. And, of course, for you newsreader subscriber types, our podcast RSS Feed is here. For podcasts from 2005 to 2009, they can be accessed through the RSS Archive Feed.


A nation of laws?

That’s pretty hard to believe when you see a law enforcement agency actively attempting to pervert the law they exist to enforce.

I’m talking about ICE of course, or Immigration and Customs Enforcement – the last word in the title being the key point.

A recent draft memo from ICE’s Office of State and Local Cooperation (OSLC) is the focus of the problem.  Apparently it has decided that it just isn’t going to enforce the law as written, i.e. detain and deport illegals which run afoul of law enforcement via traffic stops, thank you very much.

According to a draft policy document now being circulated among a limited group of stakeholders, ICE chief John Morton intends to prohibit not only his officers, but also local officers with 287(g) immigration authority, from busting illegal aliens who are discovered as a result of traffic violations.

Read the document as I have – that’s pretty much what it says.  They will not, except in specifically listed exceptions, issue a detainer and take into custody illegal aliens who only violate traffic laws.

They tell you that in writing.  No attempt to avoid the fact that they’re simply deciding what they will and won’t enforce when it comes to the letter of the law.  They’re just not going to do it.

You know, just like the DoJ decided not to enforce the laws about voter intimidation when it dropped the charges against the Philly Black Panthers caught on video tape in the act.

Apparently, the law is only for the little people and those who aren’t a favored group of the present administration and its political appointees and cronies.

Whatever side you come down on in the immigration debate, ignoring the law is not what federal agencies charged with enforcement should be deciding.   That’s for the people and Congress.  If enough of us don’t like a law, we’ll pressure Congress to change that law. If the law is unconstitutional, the courts will take care of it.  That’s how the system works.

But law enforcement agencies don’t have that option, and the decision to do this, should that be the case and this becomes official ICE policy, is grounds for summary dismissal of the head of ICE and those associated with OSLC.

Period.

~McQ

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