Supreme Court’s Arizona Decision: Enforcement Wins

US Immigration Office Tired Poor etc. SC Supreme Courts Arizona Decision: Enforcement Wins

The headlines about the Supreme Court decision on Arizona S. B. 1070 indicate that the justices cut the bill back to its bare bones. In June 2010, Arizona passed legislation that allows law enforcement officers to inquire about immigration status when an individual is lawfully detained and suspected to be illegally present. But this week’s headlines are misleading. The law’s key provision, proof of status, remains.

Both camps, the pro-S.B. 1070 enforcement advocates and the anti-S.B. 1070 critics, claim the Court delivered them a victory.

Critics point to the Supreme Court invalidating three of the bill’s four provisions. Since President Obama ordered the Justice Department to sue Arizona, his supporters hailed the Court’s decision as a major triumph.

The emotionally charged, two year long debate about S.B. 1070 has always focused on whether the police should have the right to ask about legal presence with reasonable cause during a lawful stop. On that point, the Supreme Court upheld Arizona’s right in an 8-0 unanimous vote.

The three points the Supreme Court tossed were minor: 1) to make failure to comply with federal alien-registration requirements a state misdemeanor, 2) to establish a misdemeanor for an illegal alien to seek or engage in work in the State and 3) to authorize state and local officers to arrest without a warrant a person an officer has probable cause to believe has committed a public offense that makes the person removable from the United States.

Think back two years ago. None of the rejected arguments were the focus of the nationwide screaming match between the pro and anti forces. The confrontations centered exclusively on whether S.B. 1070, called the “show me your papers” law by it opponents, would result in “racial profiling.”

The court found that improbable and unanimously agreed that it’s constitutional to ask for proper identification under certain circumstances. From the majority opinion, the court noted that the law, as written, expressly forbids profiling. From his opinion, Justice Anthony Kennedy wrote that there are three such limits in S.B. 1070 including one that officers “may not consider race, color or national origin . . . except to the extent permitted by the United States [and] Ari¬zona Constitution[s].”

The outrage from S.B. 1070′s detractors proves who lost. Janet Murguia, National Council of La Raza’s chief executive officer, said the ruling places a “bull’s eye” on the backs of Arizona’s Hispanics. The American Civil Liberties Union admitted defeat and immediately launched a fundraising drive to, according to its email alert, “stop anti-immigrant laws from spreading across the nation.”

The court’s decision delivered on top of Obama’s recent announcement that illegal immigrants age 16-30 as well as other “low priority aliens” excused in his proclamation last year will not be deported assures that immigration policy will be front and center until November.

Justices Kennedy and Scalia, the ultimate non-partisans, had cautionary words for Obama who has decided that he alone determines immigration law. Observing that Presidents Clinton, Bush and Obama have all ignored federal immigration law, Justice Kennedy wrote that Arizona “bears many of the consequences of illegal immigration” as evidenced by an “epidemic of crime, safety risks, serious property damage, and environmental problems.”

Justice Scalia, in a scathing spoken address, noted that because of Obama’s prosecutorial discretion, hundreds of thousands of aliens are “now immune from enforcement” and “will be able to compete openly with Arizona citizens for jobs.” Added Justice Scalia: “To say, as the court (majority) does that Arizona contradicts federal (law) by enforcing application of the Immigration Act that the President declines to enforce boggles the mind.”

The federal government, with Obama’s blessing and encouragement, not only refuses to enforce its own laws but also has ordered high ranking officials like Department of Homeland Security Secretary Janet Napolitano to break the law. Napolitano, in turn, orders to her agents to ignore immigration regulations and substitute Obama’s personal versions.

Under a totalitarian Obama, democracy is a fast fading memory.

Photo Credit: terrellaftermath

Dream Act, Other Immigrant Entitlements Officially Dead

Border Patrol SC Dream Act, Other Immigrant Entitlements Officially Dead

Congress’ job performance rating is 10 percent. Lawyers’ popularity stands about the same. And although there’s no official ranking for whining, entitlement-seeking aliens, I can’t image that they do better than Congress or attorneys.

So it’s no surprise that when Daniela Peleaz, a Florida high school alien student, her lawyer Nera Shefer and U.S. Representative David Rivera (D-FL.) held a Capitol Hill press conference last week, everyone ignored them.

Rivera used the occasion to introduce his tedious Studying toward Adjusted Residency Status (STARS) legislation. I say “tedious” because Rivera’s is another in a long list of DREAM Act-type bills than Democrats and Republicans have soundly defeated for more than a decade. In these turbulent months leading up to the November election, STARS has no chance —none! — of even getting to the House floor for a vote.

Peleaz, although introduced as a DREAM Act poster girl because of her good grades and valedictorian status, is instead representative of aliens for whom nothing is ever enough. To date, Peleaz has already benefited from taxpayer fully subsidized K-12 education and recently had a deportation order stayed, largely because of the Obama administration’s prosecutorial discretion policy. Peleaz still yearns for more. She wants you to underwrite millions of aliens’ university tuition fees.

I have extremely bad news for Peleaz, as well as for the others who advocate for illegal immigrants selfish causes. According to well-placed Capitol Hill insiders, namely Congressional legislative aides who know what’s going on behind the scenes, the agenda to promote more immigration and alien benefits is deader than a doornail.

Democratic leaders have effectively nixed a DREAM Act vote or anything remotely resembling legislation that would give citizenship to illegal alien teens that go to college or join the military. The same terminal fate awaits dozens of pending bills promoting more visas for foreign-born workers.

I’d like to report that Congress finally came to its senses to realize that rewarding illegal immigration and promoting more of if it is unfair to American citizens. And I wish I could say that Congress did that math and discovered that with only 69,000 jobs created in May, adding more overseas workers to the population hurts unemployed Americans’ job chances. Sadly, however, I must tell you what you have already probably figured out. The decision to end discussions on the DREAM Act and to authorize additional visas is—surprise, surprise—politically motivated.

The Democrats don’t have the votes. And going into November when all but the most secure congressional incumbent seats will be at risk why, the thinking goes, swim against the tide?

Ethnic identity lobbyists such as La Raza that demand liberalized immigration legislation aren’t satisfied with partial bills like the DREAM Act. Broader legislation, however, like comprehensive immigration reform means certain death for office seekers.

As for Pelaez, she’s off to Dartmouth College, a private Ivy League institution. Because of its lofty standing among elitists, I’ll wager that Dartmouth was misguidedly impressed with Pelaez’s alien status and all the hoopla surrounding her.

In case Pelaez has you buffaloed too, here’s something to consider. Every year, Dartmouth receives about 20,000 applications and rejects more than 90 percent. Since it’s expensive and time consuming, few apply to Dartmouth frivolously. Among the 19,000 rejections are thousands of qualified Americans. But in this fall’s freshman class Pelaez, an alien, will take one of their places.

©2012 Joe Guzzardi and Capsweb.org – Joe Guzzardi is a Californians for Population Stabilization Senior Writing Fellow. Contact Joe at joeguzzardi@capsweb.org. 

Americans Subsidize Aliens’ Tax Rebates; Congress Does Nothing

Dollar Bills SC Americans Subsidize Aliens Tax Rebates; Congress Does Nothing

Three weeks ago, an Indiana accountant turned whistle blower exposed the decade-old practice among illegal aliens of fraudulently collecting cash refunds for child tax credits. Local network WTHR broadcast the story that sparked an Internet frenzy creating outrage among citizens.

According to the accountant, thousands of aliens file false returns claiming, in addition to their own children, neighbors, nieces and nephews. In some cases, even though some of the children may not be their own relatives or live in the United States, filers receive $1,000 per child. Said the accountant, “It’s so easy it’s ridiculous.”

Crucial to the rip-off are Individual Tax Identification Numbers (ITINs) which the Internal Revenue Service issues to all employed workers who pay taxes regardless of their immigration status. Once the aliens file using their ITINs, they’re home free.

Russell George, the Treasury Inspector General for Tax Administration has been hounding Congress for years to close the loophole, something that would be a simple matter of re-writing the tax code and making it mandatory that filers use a valid social security number.

Pursuant to an IG report, 72 percent of tax returns filed by ITIN users claimed the Additional Child Tax Credit compared to just 14 percent of returns filed with social security numbers. The bottom line cost to American taxpayers is $4.2 billion annually.

Since its original broadcast, WTHR heard back from several frustrated former and current IRS employees who described the agency’s pressure-packed policy to process as many ITIN applications as possible even though the applications are obviously fraudulent.

One INS employee said that during a recent day, he saw the same ITIN documentation including the same photographs and signatures “dozens of times.” According to one disgruntled worker even though the ITIN’s supporting paper work is clearly fake, the employees are forced to process “X amount in an hour or you don’t get your pay grade raise or that great evaluation. You have to kick them out as quickly as possible if you want to keep your job.”

In short, the IRS which would assess American citizens with fines, penalties or possible jail time for such overt misrepresentation, ignores illegal immigrants’ blatant deceit.

Of the multiple problems Congress faces, correcting the ITIN scandal would be the easiest to resolve—by following Inspector General George’s recommendation to change the tax code to require valid social security numbers on returns.

The House, at least, has taken the first step. Rep. Sam Johnson (R-TX) introduced a provision that would prevent illegal aliens from collecting the additional tax child credit. Johnson’s proposal was added to a budget reconciliation bill (H.R. 5652) that the House passed.

However, the Democratic-controlled Senate is unlikely to support the House. Last week, Senator David Vitter (R-LA) introduced S. 577 that duplicates Johnson’s language. But Majority Leader Harry Reid blocked Senator Jeff Sessions and Vitter’s proposal to ask for unanimous consent on S. 577.

Sessions blasted Reid, the IRS and President Obama for their collective refusal to act in Americans’ best interests. Sessions, noting that the $4 billion annual cost would meet the remaining highway bill’s funding shortfall for the highway bill and much of the student loan bill’s cost, said: “This should not be a partisan issue: it is wrong for the government to use Americans’ tax dollars to directly subsidize illegality, especially at a time when our nation is spending so much money we don’t have.”

For U.S. citizens, the ITIN flimflam is one more example of their second class status—not that more evidence is needed. Nevertheless, the congressionally sanctioned sting is a deeply insulting affront to honest, hard working Americans.

Joe Guzzardi is a Californians for Population Stabilization Senior Writing Fellow.

The Crucial Hispanic Vote, Debunked

Republican Democrat SC The Crucial Hispanic Vote, Debunked

After reading dozens of mainstream media newspaper and national magazine stories about the so-called “crucial” Latino November vote, I have sadly concluded that my journalism colleagues either can’t do simple math or have decided to forego fundamental research.

The stories are the same. If presumptive GOP candidate Mitt Romney expects to persuade Hispanics to support his candidacy, then he needs to begin a significant outreach program effective immediately. On the other hand, if President Obama is counting on as much success with Hispanic voters in 2012 as he had in 2008, he needs to get busy with his own appeal to that bloc.

While both candidates want to do well with all demographic subsections, to repeat ad nauseum that Hispanics will determine the next president is laugh out loud absurd.

To start at the beginning, in the 2010 mid-term election Hispanics represented only 6.9 percent of the electorate. The share of the Latino population eligible to vote is smaller than it is among any other group. Just 42.7 percent of the nation’s Latino population is voting eligible (older than 18) while more than three-in-four (77.7 percent) of whites, two-thirds of blacks (67.2 percent) and more than half of Asians (52.8 percent) are eligible.

If you were advising a presidential campaign would you suggest to your client that he focus on Hispanics, the smallest group of voters, or whites, the largest? The answer is obvious and becomes more crystal clear when you factor in that black voters are predicted to overwhelmingly support President Obama.

Significant Hispanic populations live in only a few states: California, Arizona, New Mexico, New York, New Jersey, Illinois, Texas and Florida. Of those eight, only Florida is in play. California, New York, Illinois and New Jersey are solidly Democratic; Texas, Republican.

But let’s assume for the sake of this argument that the GOP decides to embark on the media’s highly touted, specially designed Hispanic platform. Maybe Mitt Romney picks up New Mexico (5 electoral votes). But when those New Mexico Hispanic-targeted sound bites are rebroadcast in Ohio and Pennsylvania on the evening news, Romney would risk losing both states and their 37 total electoral votes. Pennsylvania and Ohio have little immigration.

Even President Obama doesn’t buy the media’s urgent plea to design an especially tailored Hispanic platform. For example, when Obama’s stumps in the mid-Atlantic swing states, he knows better than to promote his reviled DREAM Act, talk up his prosecutorial discretion policy or tout his White House-based illegal alien liaison official. That would turn off the moderate majority.

Compounding the foolish idea of overt Latino pandering is that a recent analysis of Census Bureau data found that Hispanic voter registration has been in steep decline since 2010. As a result, Hispanics may cast fewer votes in 2012 than they did two years ago. The reason: Hispanics who lost jobs may have moved in search of new work without registering to vote at their new address.

Another variable escapes the clueless media. Hispanic voters are American citizens. And citizens of Hispanic ancestry often have loftier, more patriotic interests than the Washington D.C. pro-immigration lobby or the extreme Democratic left wing. During the 2005 Arizona vote on Proposition 200, the measure that would bar illegal aliens from collecting social services, exit polls indicated that 47 percent of Hispanics voted in favor. Even in Arizona, the nation’s immigration tinderbox, Hispanics rejected unchecked alien entitlements.

Even though the press remains in the dark, President Obama knows that November turns on the voters who elected him in 2008, moderates and Independents from both parties. To win, the president must recapture them. Ethnic identity politics is a risky game that often backfires.

Joe Guzzardi is a Californians for Population Stabilization Senior Writing Fellow.  Contact Joe at joeguzzardi@capsweb.org. 

Photo credit: DonkeyHotey (Creative Commons)

The Federal ID That Pays Illegal Aliens Billions A Year

LN Individual Tax Identification Number ITIN USA American Residence Tax Returns Services Canada CA Firms 1 The Federal ID that Pays Illegal Aliens Billions a Year
Established 15 years ago, the Individual Taxpayer Identification Number [ITIN] is a seemingly innocuous administrative requirement that the Internal Revenue Service assigns to anyone who is employed and pays taxes. According to the IRS website, the numbers are used for federal tax reporting only. But since ITINs, as they are commonly known, are issued to wage earners regardless of immigration status, they’ve frequently been abused by the aliens who hold them.

Although the real estate crisis is fading from our memory, it’s important to recall that the ITIN was the vehicle used in lieu of Social Security numbers, which then legitimized the disastrous lending policy of providing home mortgages to unqualified illegal aliens. With bankers as their willing abettors, and while the Federal Deposit Insurance Corporation purposely looked the other way, aliens took out home loans using ITINs as their major form of identification. Bankers, only too-eager to accommodate poverty-level applicants with balloon financing for homes they could barely make the first payment on, raked in big money. To the bankers, aliens represented the “new market.” Today, five years later, the nation is still reeling from the avalanche of foreclosures that followed.

For aliens, the ITIN is an extremely useful vehicle. Since the IRS isn’t required to share its information with any other federal agency, including immigration authorities, the promise of intra-agency confidentiality allows aliens to file tax returns without fear of deportation. At the same time, holding an ITIN enables aliens to authenticate their presence in the United States and prove that they have paid taxes. This information could be crucial if Congress ever enacted an amnesty.

The ITIN’s improper use is once again in the news. The Federation for American Immigration Reform, in its recent analysis entitled “Treasury Department Says Illegal Aliens Collection Billions in Tax Credits,” revealed that according to the Department of Treasury’s Inspector General, more than $4.2 billion in additional child credits were paid out in 2010 to illegal immigrants. In 2005, the pay outs totaled $924 million. This program allows low income earners to claim a $1,000 per child credit. If the household ends up with no additional tax obligation—as most alien families do not—then $1,000 is paid to them.

Pursuant to the IG report, 72 percent of tax returns filed by ITIN users claimed this credit compared to just 14 percent of returns filed with social security numbers. The generous payment of these benefits represents yet another incentive for aliens to enter, reside and work in the United States without permission. Providing incentives to aliens, financial or otherwise, is against the law.

The ITIN is a sham that should be eliminated. The federal government knows that many ITIN users are illegally in the United States. Automatic acceptance of the ITIN without additional identification is tantamount to endorsing illegal immigration.

At a time when Congress and the president are struggling to find ways to cut trillions of dollars from federal spending, and while more than 14 million Americans are unemployed, it’s unconscionable for the IRS to ignore abuse of its ITIN program that results in billions of dollars in payments made to illegal aliens.

Barack Obama’s Big Illegal Alien Family

Obama and Uncle Obama 219x300 Barack Obama’s Big Illegal Alien Family

 

This is a cautionary tale about three of President Obama’s family members—the president, his “Uncle Omar” (Onyango Obama), and his Aunt Zeituni Onyango. To follow the story completely, readers should be current on President Obama’s administrative amnesty, which he sprung on an unsuspecting and incredulous public just before he departed for Martha’s Vineyard.

Obama and Department of Homeland Security Secretary Janet Napolitano define his new policy, now in effect, as an ICE evaluation of 300,000 cases involving aliens in deportation proceedings to determine whether they are hardened criminals, and therefore a risk to public safety, or “low priority” offenders. The latter are released.

At a speech she delivered at the William Jefferson Clinton Foundation and the University of Arkansas’ Clinton School of Public Service, Napolitano brazenly summarized the revised immigration guidelines as “common sense” wherein “nobody is getting a free pass.”

Actually, the policy is idiotic, harmful, and defies Obama’s sworn Constitutional obligation to uphold the nation’s laws.

Furthermore, for Obama to release illegal aliens just weeks before 9/11′s tenth anniversary is a callous display of indifference to the victims’ families. According to the Center for Immigration Studies, 12 of 48 terrorists involved in the plotting and carrying out of the murderous attacks were illegal aliens. Because of the discreet profile they maintained during the days leading up to 9/11, using the current Obama-Napolitano standards they would have been described as “low priority.”

Ditto for Auntie Zeituni. While Zeituni didn’t pose a criminal threat, she fraudulently tapped into a social services pool that drained scarce public resources.

First ordered deported in 2004 after overstaying a visa issued in 2000, Zeituni lived in public housing, which is supposed to be available only to citizens, and collected $700 in monthly disability checks. But an unidentified benefactor interceded and hired famous immigration lawyer Margaret Wong to represent Zeituni in her efforts to remain in this country. The unsurprising result: a Boston federal judge stayed Zeituni’s deportation order. In 2010, Zeituni was granted political asylum and is now a legal U.S. resident.

Only the most optimistic expect a different result from Uncle Omar’s case. Like his sister, Omar ignored a previously issued federal deportation order and has been living in the country illegally for several years. Wong will represent Omar.

But getting Omar off may be tough. On August 24, Omar — who had an outstanding warrant — was arrested on for driving his SUV through a stop sign and barely missing a police cruiser. Omar’s sobriety test indicated a 0.14 level, nearly twice the maximum. The police charged Omar with driving under the influence, driving to endanger, and failing to use his turn signal. Because of his immigration violations, ICE detained Omar.

Under the new immigration rules, into which category will Omar fall: hardened or low priority? Don’t forget that the ICE language includes allowances for protecting aliens “with family ties.”

Most would argue that Omar, an illegal immigrant, should be deported immediately. While he’s not a convicted axe murderer, Omar is a hazard behind the wheel that may kill someone with his car.

Obama, with his eyes on the polls, can be sure the nation will be watching his uncle’s case. If Omar is still hanging around in November 2012, there’s a good chance Obama may be gone by January 2013.

Joe Guzzardi has written editorial columns, mostly about immigration and related social issues, since 1986. He is a Senior Writing Fellow for Californians for Population Stabilization (CAPS) and his columns are syndicated in various U.S. newspapers and websites. Contact him at JoeGuzzardi@CAPSweb.org.

Amnesty Is Obama’s 2012 Campaign Plan

Barack Obama speech 7 SC Amnesty is Obama’s 2012 Campaign Plan

Talk about bad timing! For the third time in three years, President Obama is on a ten day vacation at tony Martha’s Vineyard. Disregarding soaring debt, high unemployment, home foreclosures, two costly wars, and a tumultuous stock market, Obama took wife Michelle and daughters Malia and Sasha to hang out with the rich and famous on their 28-acre leased estate.

Before he left on vacation, Obama had a nasty surprise for unemployed Americans and citizens who believe in enforcing the nation’s laws. According to new rules issued by the Department of Homeland Security, illegal immigrants facing deportation will now be allowed to stay in the country indefinitely and get a work permit. Break the law; be rewarded with a job opportunity.

Homeland Security Secretary Janet Napolitano presented the new policy as one that will allow the government to focus on deporting only illegal immigrants who are criminals or who pose a threat to national security. But given the broad nature of the Homeland Security edict, it’s clear that the true purpose is to grant a backdoor amnesty to an unlimited number of illegal aliens.

In her letter sent to Senator Richard Durbin, who sponsored various versions of the DREAM Act, and 20 of his like-mined colleagues, Napolitano outlined the new system.

Working groups from the Department of Homeland Security and the Department of Justice will develop specific criteria to identify so called low-priority removal cases that will be considered for what they refer to as “prosecutorial discretion.” In other words, federal officials will use their own “discretion” to decide which aliens that, under the law, should be deported, will instead be allowed to remain.

Included in the discretionary category will be individuals present in the U.S. since childhood, DREAM Act candidates, minors, the elderly, pregnant and nursing women, victims of serious crimes, veterans and members of the armed services and individuals with serious disabilities or health problems.

In short, virtually every illegal immigrant—young or old, victim or veteran, healthy or disabled—has an excellent chance of being exempted from deportation.

Predictably, some Democrats including U.S. Representatives Zoe Lofgren, Luis Gutierrez, and White House Intergovernmental Affairs Director Cecila Munoz, a former National Council of La Raza Senior Vice President, hailed Obama for what they described as his compassionate, sensible approach to a realistic immigration policy.

In his retort, Republican House Judiciary Committee Chairman Lamar Smith said, “The Obama administration should enforce immigration laws, not look for ways to ignore them.”

What motivates Obama’s rash decision is unclear. Perhaps he’s responding to Gutierrez’s “Change Takes Courage” campaign, which threatens Obama with the frequently made charge that that Hispanic voters will stay home unless the president acts swiftly and boldly to end deportations.

Of course, that’s speculation on Gutierrez’s part. The facts are that Obama’s presidency is in deep, profound trouble. To get re-elected he needs independent voters, of whom there are millions more than there are Latino voters. Obama’s duplicity angers most independents.

Nevertheless Obama, defying the Constitution and insulting the majority of Americans who favor immigration law enforcement, has cast his lot with amnesty and open borders proponents. Obama’s gamble is a big one that he may rue come November 2012.

Joe Guzzardi has written editorial columns, mostly about immigration and related social issues, since 1986. He’s a Senior Writing Fellow for Californians for Population Stabilization (CAPS) and his columns are syndicated in various U.S. newspapers and websites. Contact him at JoeGuzzardi@CAPSweb.org.