Yesterday I gave a brief overview of the national laws (the Constitution and our various immigration laws) that should determine issues such as sanctuary jurisdictions and the types of protests that are legal and those that aren’t.
Today I’m going to delineate the propriety of deporting illegals who have committed no crimes other than immigration-related offenses.
One constant refrain from well-meaning lefties (and not-so-well-meaning ones) is that “undocumented” aliens who commit no crimes unrelated to immigration are not criminals, and that Trump lied when he promised to deport ONLY the “worst of the worst” who commit other, non-immigration related crimes.
Taking the second point first, they are either mistaken or lying. Because while Trump and many other administration figures have repeatedly said that they are prioritizing and going after the worst first – which is pragmatic and wise – they’ve also repeatedly said that everybody who is here illegally has to go back to their home countries.
To the extent that other illegals get caught up in raids or arrests that target the doubly-criminal ones, that was not the immediate intent, but it’s also fair and justified.
Which leaves us with the assertion that entering the country illegally is not a crime. (I think it was the scholar and Mensa member AOC who said that to Tom Homan in a congressional hearing. And promptly got her juicy booty smacked with facts, rhetorically speaking.) (Also, her words, not mine.)
Of course, coming here illegally – by coming in anywhere but at a designated port of entry, or with fraudulent documents, etc. – is a crime, under 18 U.S.C. 1325. Specifically, it is a federal misdemeanor, which is punishable by a fine of up to $250 and a maximum sentence of 6 months in jail, followed by deportation. (In the vast majority of cases, the illegal immigrant has usually just been detained/jailed for long enough to deport him, since that is logistically much easier and quicker.) If anyone re-enters after having once been deported, their violation is then raised to a felony.
So no, there are no “non-criminal” “undocumented” illegal aliens, no matter how many times a pink-haired zealot screams that at an ICE agent, or on TikTok, or at the sky.
A common refrain is that illegals who get caught and then claim asylum in America are here legally. This is also untrue in the vast majority of cases.
There is a legal process for claiming asylum. Although they are supposed to make that claim at a designated port of entry when they arrive, illegals can also make that request (using form I-589) after they’ve come in, though they MUST do so within a year of their illegal entry. In other words, in the tens of thousands of cases in which an illegal who has been here longer than one year (and in many cases, for decades) gets caught and THEN claims asylum, those claims are illegitimate, and the immigrant is subject to immediate deportation.
The Biden administration, as part of their “Flood the Nation with Illegal Democrat Voters” program, created the CBP One app to allow every illegal in the country to claim asylum. But the reality is that the vast majority of asylum claims are unsuccessful, since they require that the immigrant was being persecuted in their home country for one of five specific reasons (race, religion, etc.). Those are very hard to prove, and in fact are almost never successful.
(Biden added an extra layer of slimy duplicity to the system through the CBP One dodge. Instead of the traditional process of meeting with the asylum seeker immediately and then making a decision promptly, Biden routinely gave CBP One users an appointment for anywhere from three to five years or more in the future, and then waved them in.
Of course the Dems knew that almost no illegals would ever show up for those appointments. And they didn’t want them to. They allowed them to melt into the country and stay for years, after which a future Dem administration (and some spineless RINOs) would weep over the cruelty of deporting people who had been here for years, and then grant a blanket amnesty. We didn’t hate the Biden administration enough.)
Ironically, one of the few groups who have a bulletproof case for asylee status in recent years is the small number of white South Africans who applied after suffering a wave of vicious criminal attacks because of the color of their skin. This has been clearly documented through many recordings of the racist songs (“Kill the Boer! Kill the [white] farmer!”) at political rallies of the racist majority government, and in the official, written policies of that government.
And boy was it fun to watch the furious apoplexy of the whitey-hating leftist American radicals when those few South Africans were allowed into America!
Back to asylum claims: the reality – which everyone knows but which the left will go to great lengths to avoid admitting – is that the vast majority of asylum claims are invalid. Because the vast majority of immigrants want to come here because this is a wealthy country that offers many opportunities and benefits, which can be gained by either pursuing your own dreams through hard work and grit, or by living on our suicidally generous welfare benefits, which were never intended to go to foreigners.
Both are understandable motivations, but neither are legal reasons to receive asylum.
I sympathize with the former group and have no hard feelings toward them, even though they still need to go home, and then apply for legal, vetted entry, which is neither an entitlement nor a guarantee. But I have contempt for the second group, and would like to see them immediately tossed out of the country like they were low-down four-flushers being tossed out of swinging saloon doors by John Wayne.
Having said all that, the constant claims that “the ‘non-criminal’ ‘undocumented’ have broken no laws except for their illegal entry” are in reality never true. Because once you come here illegally (again, a misdemeanor that makes you legally deportable by itself), you can’t avoid committing further and repeated crimes.
In fact, most of the basic aspects of modern life – buying a home, driving, and working – are criminal acts when done by illegals.
Legal foreign residents can own a home in America (as they can’t in most other countries), but quasi-legal or temporarily legal foreigners (such as asylum seekers, green card holders and DACA recipients) have to wait to close on a house or mortgage until their claims are legally granted. But illegals cannot get a mortgage for a house, and if they attempted to buy with cash, the source of that money would have to be legally vetted by the government.
In other words, no Kilmars – i.e. “Maryland dads” hoping to buy with cash from their gang activities and human and drug smuggling – can legally buy a home in America.
If illegals drive (which most do), they are committing multiple other crimes in the process. What do cops always ask for when they pull you over? License, registration and proof of insurance.
In most states you can’t get a driver’s license if you’re here illegally. Even if you’re in a blue state which shadily gives you a license, most other states don’t recognize it, so you’ll be driving without a license if you drive in any of those states. (And there are tons of cases of blue states fraudulently giving non-English-speaking illegals drivers licenses and even CDLs, only to have them injure or kill Americans on the highways of all of our states.)
You also can’t legally buy and register a car if you’re here illegally in most states. And of course if you don’t legally own it and can’t register it, then you can’t insure it either. So any illegal who drives is almost certainly committing at least 3 additional crimes. Plus, if you’re ever caught speeding, that’s usually just a traffic infraction, but that escalates when you add no license, insurance or registration.
If illegals work here, they are either working on a stolen or fraudulent social security number (which are crimes), or working under the table. The latter involves several crimes, including tax evasion, facilitating non-payment of tax by their employers, and violating other legal requirements such as getting proper permits, licensing, submitting to proper inspections regarding safety, cleanliness and etc.
If they don’t work, they are exactly the kind of financial burden on our society that our legal immigration system was designed to exclude. But they are also almost certainly either committing crimes to make money to survive on, or else illegally collecting various forms of welfare, such as housing benefits, SNAP benefits, Medicaid and/or free health care, (plus cash benefits in many blue states) – all of which are at least misdemeanors, often bumped up to felonies when committed in conjunction with other violations/crimes.
Some illegals do work by getting an Individual Taxpayer Identification Number (ITIN) in lieu of a social security number (which they cannot legally get). But that is a gray area at best, and widely abused. The IRS created the ITIN in 1996, without any congressional legislation or executive branch approval, which doesn’t seem proper, considering how much illegal behavior the ITIN facilitates.
It was supposedly intended “to address the need for tax compliance among individuals who do not have a valid Social Security number,” specifically “foreign nationals and other individuals who are not eligible for a SSN.” I can’t blame the illegals for taking this option, but I can blame our federal government, for setting up a greedy and unfair way to profit from illegals, while creating a magnet to draw more of them here.
Unexpectedly!
The ITIN collects millions in social security-esque taxes from illegals, without giving them any entitlement to social security benefits later. Lefties often complain about the unfairness of this situation, and as much as it pains me, I have to agree with them, up to a point.
That point is the part where I say, “If illegals think the ITIN exploits them, there’s an easy way to fix that. [begin Kinison filter] STOP BREAKING OUR IMMIGRATION LAWS AND GO BACK TO YOUR OWN COUNTRY! OH! OHHHHHH!!! [end Kinison filter]
Regardless of the initial reasons for creating the ITIN, it has now become an illegal-enabling disaster and an unethical governmental money grab, and should be drastically reformed.
There is a legitimate reason for taxing foreigners who are here and working legally, and they should be required to pay the same income, sales and other taxes that citizens pay. It also makes sense to subject them to an additional tax that would pay for their use of our emergency medical care, educational system etc. – as long as they are here and working her legally.
But there is NO reason to give ITINs to illegals, thus helping them to circumvent and flout our immigration and employment laws.
Tomorrow in part 3, I’ll analyze the legality (or illegality) of the tactics most commonly employed by anti-ICE protesters.
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