Tags: immigration
What Makes Immigration Illegal?
October 16th, 2010Link: http://www.englewoodcitizens.org
Dissenters of Tom Tancredo's immigration policies beg us to dislodge him from the momentum for governor's seat. This is really the only social claim they can maintain against him since he has a proven record of solid business success, years of political experience and solid ethical and moral records. But, has anyone stopped to analyze what the Constitution and statutes deem "illegal" immigration?
I wouldn't have believed it, until I read the case law myself, but the theory of equal rights is based upon the Fourteenth Amendment to the U.S. Constitution. Equal rights is based on a standard access to rights under the law. What is that standard, you ask? It is the standard of the european pilgrims to America, it is the white man's standard for freedom, for work, for possession of land and practice of religion.
This fact was hard to swallow because it appeared to be discriminatory and non politically correct in itself. It seemed to give the Ku Klux Klan, and right wing selfishness import.
But the more I wrestled with the concept, the more I realized that what the Klan attempts to do is to dislodge the justice maintained in the Fourteenth Amendment, and thereby dislodge equal rights.
The value of the Fourteenth Amendment is that it assured women, aliens, and minorities in America the right to access the courts for redress of their grievances, the same as the white immigrant men who may have only been thinking of themselves when they penned the Declaration of Independence.
So, if aliens, women and minorities have constitutional protection under the present Constitution and Declaration of Independence, how can they be deemed "illegal aliens" within Tom Tancredo's analysis?
Crimes are founded on intentionality. Aliens are only acting illegally if the prosecution can show they intentionally acted against the law. The law itself must contain definitions of the elements of the crime and statutes must contain firm terms defining what is legal or illegal.
Short of being found "illegal" under these terms, the only other redress we have against aliens is a tort. The threshold for accidental aliens, or tortuous aliens taking healthcare services and jobs from Americans must include the fingers pointing back at the American political climate for having allowed the aliens' encroachment all of these years on our soil. After all, we elected the officials who allowed the newcomers, and we elected the mayors, judges and sheriffs that refused to hold and prosecute them. We are all culpable unless we can show that we have defended our boarders by all means possible.
Certainly, children born to aliens have no culpability as to being illegal. No one can prove children intentionally violated immigration laws. Therefore, under the Constitution, and Tom Tancredo's policies there are many perfectly legal aliens in this State and Country.
It is the illegal aliens that Tom Tancredo firmly opposes and intends to take in hand should he become governor. It is the ones who traffic refugees into human slavery. It is the ones who deal drugs. It is the ones who take jobs without application for green cards and citizenship. It is the ones who have been guilty of violent crimes, driving without a license and causing accidents, and those whose religion promotes overtaking our civilization by strategy and terrorism, or they engage in piracy, looting, assault or the taking of their neighbor's property.
What is so harsh about this, Tancredo's core value? It is difficult in some cases where the hierarchy of rights overlap, yes, but that is what the courts are there for. All we need are Supreme Court Justices who uphold the Constitution, and District Court Judges who have read the law and show up for hearings in their jurisdiction.
Tancredo's polices are lawful policies. He seeks the greatest good for everyone, regardless of their opinions of him. Yes, some weirdos support him, but look at the vast support of the rest of the State, wealthy business people as well as rural folk, and many middle classes.
Minorities and aliens need to know that a Governor who reads the Constitution can be persuaded by it as well.
Pig's Knuckles in Pretty Packages
April 26th, 2010Link: http://www.eyeonenglewood.com
If there’s something we’ve all learned over our political years it’s this. When you wish to sell something, like a fist full of pig’s knuckles, make sure you wrap it in a pretty package. This week the Nation looked at the hard law when Arizona ratified the federal immigration law. Some laws are more simple in that they don’t cause much controversy for politicians seeking to please. This one was bound to be unpopular in that it attempted to seek what was just. Did it miss the mark?
Compassion is important to religious and moral people alike, which is why catering to inclusiveness continues to be a tasty appetizer for marketing laws. The question distinguishes between legal aliens and illegal. But, is it cruel and unusual punishment to oust people from a home, a job and even their families when they are illegal aliens?
Military man, John Miller, says: “There are beautiful people who we all wish the best for, but if you drive without a valid driver's license, in Colorado even, you will be fined and potentially jailed. That's you, me, or anyone else, regardless of our nation of origin.”
A friend of mine, Jose Escobar, who is an immigration attorney working for the rights of the poor, has suggested the State of Arizona made an immoral law because it seeks to punish whole families for what was only “winked at” and was not punishable two weeks ago. It's a matter of grandfathering those who have already relied on the present system of law. Other currently transplanted Colorado residents also decried the Arizona law against their State of origin, saying how ashamed they were of their Arizona governor.
John Miller responded, “I'll just have to say that I've traveled the world and I know what to expect when I'm a guest in someone else’s country. I don't expect or demand the rights of citizenship. And I darn sure will not be given them. I'm not aware of a country that would be as lenient as the US is in this regard. Hard working immigrants take years to acquire the rights of citizenship, their efforts should not be diluted by those jumping the queue. Some things are legal and some are illegal.”
It is immoral when the laws of America frighten people, yet, Miller’s eyebrow raises as he states the obvious, “Are they so scared they're rioting out in the Open? Once you decide you don't have to be law abiding, it's easy to be uncivil.”
I have to agree that’s it’s rather uncivil to demand the world embrace you whether you are right or wrong and at everyone else’s expense. So, the question is put, once again: When policy makers make laws, do they target individual people or do they target justice? And within those boundaries, people show compassion as good members of society over and above the law.
In home rule Englewood, the City Council, as of May 20, 2010,is still debating inclusiveness as a marketing gimmick. Along with the inclusiveness technique, pretty Linda Olson used a non-inclusive technique, well-prepared before the meeting, to try to intimidate fellow council member, Rick Gillit last Monday evening, in order to address volunteerism and enacting a law that would coerce residents in Englewood to volunteer for areas the City chooses to target.
The problem is that Gillit had a family member in Nazi Germany's Dachau, who was murdered there. Over the entrance to the concentration camp, a sign was posted, "Work Makes You Free". This motto was a complete lie, and anyone who relied on it died in unreality.
Just as slaves and prisoners are not volunteers, hiring more City staff to oversee new "volunteer" agencies is not free to taxpayers. Deception is underfoot.
It takes a wise person to see that laws must exist only when necessary, and only for the good of the whole, and that too many laws encroach upon your rights or mine discriminantly.
The place of compassion and volunteerism is not settled under pressure. Nor is it to be funded by government. Government is precluded legally from funding non-profit charities. The City's place is to see to roadways, parks, emergencies, water, utilities and caring for necessary staff. (See the scope of authority given by City Charter) This compares to the scope of power given to home rule cities from Colorado Revised Statutes and the state Constitution. Forming new, paid positions, for charitable aims is simply extraneous.
Ms. Olson's prepared tact of using President Bush's inauguration speech was a pretty package of intimidation and nothing else. Someone with her credentials should know better.
