Im-Politic: Why Illegal Aliens Feel So Entitled

Tags

Constitution, Equal Protection Clause, Fourteenth Amendment, ignorance of the law, illegal aliens, Im-Politic, immigrants, Immigration, Supreme Court

At first glance, Thursday’s Supreme Court decision holding that an illegal alien couldn’t be convicted for possessing a firearm because he didn’t understand his status looks like the height of illegals’ coddling at the expense of common sense – not to mention obvious public safety considerations, and the legal principle that “ignorance of the law is no excuse” for violating it.

In fact, although the 7-2 ruling is defensible on the narrowest possible legal grounds (grounds that are entirely legitimate and time-honored bases for Court decisions, especially for believers in what’s known as the doctrine of judicial restraint), it reveals something at least as disturbing: how thoroughly and dangerously recent decades of lax pre-Trump immigration policies have fostered a sense of entitlement among illegals. And only slightly less disturbing: The law itself that’s in question contains its own evidence of illegal aliens coddling.

The majority’s opinion turned on the specific question of whether a law barring illegal aliens from owning firearms permits conviction only if the defendant “knowingly” violates the statute. Although this conclusion seems to overlook completely the venerable “ignorance of the law” maxim, as the majority importantly reminds, this principle (like most others worth following) isn’t absolute. I also find convincing the argument that the statute’s wording makes clear that, in this particular case, lawmakers intended the “knowingly” criteria to apply to illegal aliens’ awareness of their immigration status under the law.

But at this point, I get off the boat policy-wise. Because how on earth does any illegal alien in the United States who can pass a sanity test get the idea that he can live his or her life without being acutely aware of their immigration status? Similarly, why did the defendant believe that he had just as much of a right to own a (substantially regulated) deadly weapon as any legal American resident? Especially when he had just been told that his legal immigration status was hanging by a threat – at best. And if you think that the second and third questions are exaggerations, get a load of this description (from the dissenting opinion) of the defendant’s actions after the college he was enrolled him told him by email that, because of poor academic performance, “he was no longer enrolled and that, unless he was admitted elsewhere, his status as a lawful alien would be terminated”:

“Petitioner’s response was to move to a hotel and frequent a firing range. Each evening he checked into the hotel and always demanded a room on the eighth floor facing the airport. Each morning he checked out and paid his bill with cash, spending a total of more than $11,000. This went on for 53 days.”

To me, the answer obviously is that for so long it has been so easy to enter the United States illegally, and for legal entrants to stay once their visas have expired, that many believe that they have every right to be in the country and to be treated exactly like legal residents and citizens.

In some instances, they’re correct. Principally, the Supreme Court has ruled that the Equal Protection Clause of the Constitution’s Fourteenth Amendment means that everyone in the United States at any given moment, no matter what the conditions, is entitled to the full range of protections offered by U.S. law. But these convictions also frequently extend to assumptions that illegals are also due any number of welfare state benefits, privileges like drivers’ licenses, and even the right to vote.  And of course, these assumptions have constantly be aided and abetted – and often created by – Open Borders-oriented illegal aliens’ advocacy groups and even state and local governments.

It’s equally obvious that the federal gun ownership law (which is found starting on p. 13 of the opinion linked above), unwittingly or not, betrays the illegals-coddling mindset mentioned above. After all, why specify that illegals need to violate the statute “knowingly.” They’re not supposed to be here in the first place. Systematic knowledge about them is lacking – including criminal records in their home countries. Why should they be granted any right to possess a gun under any circumstances?

So it’s clearly time to rewrite the law – especially since the “knowingly” standard is even more absurd for many other categories of individuals it denies gun ownership, like “fugitives from justice” and recipients of court orders restraining them from harming or harassing their “intimate partners” and the children thereof.

After all, one of the clearest lessons about immigration policies taught over the decades since the 1986 amnesty is that the messages sent by Washington’s words and deeds greatly influence foreigners’ willingness to enter the United States illegally. If a reasonable degree of control over U.S. borders is to be reestablished, it’s time to send out a new one: From now on, within the legal bounds set by the Equal Protection Clause, American law is going to start making it harder for illegal aliens to behave in ways that endanger citizens and other legal residents, not easier.

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Im-Politic: A Better Way to Pressure Mexico on Immigration

Tags

Border Crisis, border security, Central America, Charles Grassley, illegal aliens, Im-Politic, immigrants, Immigration, Mexico, migrants, remittances, tariffs, Trade, Trump, U.S.-Mexico-Canada Agreement, USMCA

It’s not every day that I praise veteran Republican Senator Charles Grassley of Iowa. In fact, I don’t believe I’ve ever praised him in print. On trade policy he’s often especially especially clueless – his last foray into this field consisted of threatening to use his chairmanship of the Senate Finance Committee to scuttle the U.S.-Mexico-Canada Trade Agreement (USMCA) unless President Trump withdrew his tariffs on metals imports from Mexico and Canada.

(Grassley was upset because Mexico in particular had retaliated by slapping tariffs on some key American farm products exported by states like Iowa. He didn’t seem to realize that, as I’ve written here, the tariffs needed to be global in scope to be effective. Meanwhile, however serious American farmers’ woes, they began in earnest years before any Trump tariffs went into effect.)

So imagine my surprise yesterday upon learning that Grassley has proposed a response to Mexico’s foot-dragging on helping to ease the crisis on its border with the United States that’s much better than President Trump’s tariffs.

According to Grassley, the way to pressure Mexico to tighten its own curbs on the floods of Central Americans streaming through its territory toward the United States is to tax the remittances sent to their home country by Mexicans who have moved northward both legally and illegally.

Remittances consist of money sent by immigrants back to their home country – usually to relatives. They encourage immigration because they come from wages earned by newcomers to the United States that are much higher than those they can make in their countries of origin.

And we’re unmistakably talking big numbers – especially for Mexico. The country’s own central bank pegged them at almost $31.5 billion last year. That’s more money coming into the Mexican economy than it makes from oil exports, and in fact its second largest foreign exchange earner after auto parts exports.

Unlike tariffs, remittances taxes wouldn’t harm Americans who buy imports from Mexico – whether consumers or businesses. All the victims would be Mexicans in Mexico. And because so many poor Mexicans in particular rely on these funds to help maintain and improve their living standards, a smaller flow would squeeze their finances and surely increase political instability in a country that’s long suffered more than its share of turmoil. Don’t think Mexico’s leaders – who are already sounding inclined to make concessions to Mr. Trump to avoid the threatened tariffs – could brush these sanctions off.

At least as important, unlike the proposed tariffs, remittance taxes wouldn’t endanger Congressional passage of the USMCA or undermine the Trump administration’s China trade policies by reducing Mexico’s attractiveness as an alternative export platform for companies looking to move in whole or in part out of the People’s Republic.

The President has actually spoken of taking this step to raise the resources needed to finance a Border Wall, but never followed through. At the time, covert and overt Open Borders supporters charged that the move could be counterproductive, since the remittances increased the well-being of their recipients enough to encourage them to stay in Mexico.

But since these payments still represent only a fraction of the earnings of Mexicans in the United States, it makes no sense to believe that many Mexicans in Mexico seriously contemplating moving across the border would be satisfied by receiving a fraction of a loaf if they thought it was all potentially available.

It’s possible that the Trump tariff threat could suffice to produce enough of a Mexican response to satisfy him on border security and declare victory with no levies. In this vein, it’s significant that Mexico’s president has already signaled his willingness to appease Mr. Trump somehow. But a remittances threat could have accomplished the same goal with much less muss and fuss. If negotiations with Mexico can’t resolve the issue by the announced Trump deadline of June 10, switching tactics to a remittances tax a la Grassley would be an unmistakable no-brainer.

Im-Politic: Trump Should Go All-in on Sanctuary Jurisdiction Shaming

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asylum seekers, border security, election 2020, illegal aliens, Im-Politic, Immigration, migrants, Open Borders, Sanctuary Cities, Trump

Anyone doubting the political and moral genius of President Trump’s so-called threat to transport the migrants flooding the U.S. border to sanctuary jurisdictions throughout the country simply lacks a grip on politics and crucial aspects of morals. At the same time, the President has been missing a potentially crucial opportunity to gain the upper hand (both politically and morally) for good on intertwined immigration and border security issues via the sanctuary jurisdiction angle.

The expressed outrage of many sanctuary jurisdiction leaders at Mr. Trump’s proposal to drop the migrants off within their bounds could not be a more classic case of failing to put one’s money where one’s mouth is. Suddenly, cities and counties and states that have been harping for years at how welcoming the United States historically has been and should be, and advertising how welcoming and therefore signaling how virtuous their welcoming policies have been, seem to have decided that their hospitality and generosity are limited after all.

Further, as numerous immigration-realist commentators have noted, after just as many years of portraying sanctuary policies as not only the height of morality but the height of self-interest – because of all the contributions illegal aliens make to their economies and their cultures – the sanctuary leaders and their fellow Open Borders backers in Congress and the Mainstream Media are now singing a different tune. They’re condemning as especially shameful partisanship measures that could greatly increase these populations.

In fact, the Open Borders types’ reactions to this latest Trump position are simply the latest example of one of their defining characteristics. As I’ve been writing, they’ve long been pushing immigration policies that shower them with outsized benefits and display no interest whatever in paying a proportionate share of the costs.

And this observation brings us to where the President needs to administer a genuine coup de grace. Predictably, some of the debate over his statements to date have revolved around supposed legal and policy issues. According to the above-linked Washington Post article, even Mr. Trump’s own Department of Homeland Security argued that his sanctuary jurisdictions plan would violate the law. But in both political and moral terms, such considerations should be completely beside the point – and deserve to be pilloried as either clueless or cynical distractions.

For if the sanctuary and Open Borders enthusiasts are so convinced of the righteousness of their cause, they not only shouldn’t allow such considerations to keep the President from putting this policy into effect – much less retreat behind them. They should be volunteering to get the ball rolling, offering all the resources at their command – and should have been out in front since the unprecedented scale and makeup of recent migrant flows first become clear.  President Trump, for his part, should have been shaming them into action all the while – and shouldn’t wait a minute longer to start turning these tables on them. 

Moreover, even in sanctuary jurisdictions whose leaders are – verbally, anyway – putting their (taxpayers’) money where their mouths are, an intensified Trump strategy will speak volumes about the loonie-ness of indiscriminately indulgent immigration policies.  Efforts to cope with constant streams of low-skilled, poorly educated newcomers should make for an equally constant stream of head-shaking media reports.  Jurisdictions with large numbers of homeless Americans (like those all along the West Coast) would be in for especially, but justifiably, humiliating coverage.

From time to time, the President has depicted Open Borders and sanctuary positions as boons for the nation’s elites at the expense of middle- and lower-income Americans. The uproar over his new sanctuary proposal is a golden opportunity to turn this insight into one of mos consistent themes – and into a thumpingly winning campaign issue in 2020.

Glad I Didn’t Say That! A Mixed Media Message on U.S. Farm Labor Shortages

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agriculture, automation, farm workers, Glad I Didn't Say That!, illegal aliens, Immigration, Jobs, labor shortages, Mainstream Media, robots

“With fewer undocumented workers to hire, U.S. farmers are fueling a surge in the number of legal guest workers”

– The Washington Post, February 21, 2019

 

“One February afternoon, they work about an acre apart on a farm the size of 454 football fields: dozens of pickers collecting produce the way people have for centuries — and a robot that engineers say could replace most of them as soon as next year.”

– The Washington Post, February 17, 2019

 

(Sources: “With fewer undocumented workers to hire, U.S. farmers are fueling a surve in the number of legal guest workers,” by Kevin Sieff and Annie Gowen, The Washington Post, February 21, 2019, https://www.washingtonpost.com/world/the_americas/with-fewer-undocumented-workers-to-hire-us-farmers-are-fueling-a-surge-in-the-number-of-legal-guest-workers/2019/02/21/2b066876-1e5f-11e9-a759-2b8541bbbe20_story.html?utm_term=.225cc2cc55fe; and “Farmworker vs Robot,” by Danielle Paquette, The Washington Post, February 17, 2019, https://www.washingtonpost.com/news/national/wp/2019/02/17/feature/inside-the-race-to-replace-farmworkers-with-robots/?utm_term=.24166019b5dc)

Following Up: Sign the Deal – then Seize the Border Security Initiative

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border security, border wall, Congress, crime, criminal aliens, Defense Department, Democrats, detention, Following Up, government shutdown, ICE, illegal aliens, Immigration, Immigration and Customs Enforcement, national emergency, shutdown, Trump

From what’s known of it, I’m as angry about the border security deal reached last night by Congressional negotiators to avert a new partial federal government shutdown as much as any immigration realist and/or supporter of President Trump. Even so, I would urge the President to sign it. (If he can win a few small improvements over the next day or two, as he’s just suggested he’ll seek, fine – but nothing achievable is worth sinking the agreement.) Then I’d recommend that he move to keep his promise that “we’ll be building the wall anyway” by using statutory authority to use Defense Department and other federal assets and resources to engage in barrier construction and secure the border in various other ways. In addition, the Trump administration should redouble efforts to keep his opponents on the defensive politically by shining the spotlight even more brightly on border security gaps left wide open by deal provisions they’ve insisted on.

I know that in yesterday’s post I argued that the Congressional Democrats, who have increasingly made clear their desire to gut meaningful border security completely, would both own a new shutdown morally (in terms of responsibility for government workers and contractors temporarily denied paychecks) and possibly pay a heavy price politically. The trouble is, that contention assumed that the Democrats’ latest cynical gambit, a new, goalpost-moving demand to shrivel (further) the federal government’s ability to detain apprehended illegal aliens – including surging numbers of border crossers – until their status hearings are held, would prevent the negotiators from reaching any agreement.

Consequently, any number of such aliens, including convicted criminals, would be released into American society, with little reason to believe many of them would risk a deportation decision (which would not be first for many). The result, as I wrote yesterday, would be a big victory for the Democrats’ principal goal of maximizing the number of migrants who can set foot on American soil to begin with, who consequently could avail themselves of the full range of legal due process protections to which everyone within U.S. territory is entitled, who would be released before their status hearings, and who would be scot-free to live and work in the United States until the Open Borders crowd could implement yet another amnesty.

Instead, the negotiators came to a conclusion that they, at least – if not necessarily many in their respective parties – could accept. There’s no denying that its threadbare reported barrier appropriation figure ($1.375 billion) would leave the current border security situation just about as unacceptable as it is today. So would the reported new quota on detention beds, which represent a big part of Washington’s ability to ensure that individuals arrested for immigration-law and related transgressions show up for hearings.

Final judgment should be withheld until the official text of the deal is released – especially on the beds issue. But some of the worst possible outcomes – from an immigration realist perspective – appear to have been avoided. In particular, although previous votes by Democrats so far haven’t been enough to prevent closet Open Borders supporters like House Speaker Nancy Pelosi from declaring walls to be “immoral,” the new agreement will make this childish position more difficult than ever to take. In addition, the current number of border detention beds is being cut, but not, it seems, by nearly as much as the Democrats recently sought, and the Immigration and Custom Enforcement (ICE) agency apparently will retain flexibility in their location.

Further, as its spokespeople have insisted, there’s a strong argument that President has ample legal authority to build and strengthen more in the way of barriers than the deal approves – even without taking the highly controversial step of declaring a national emergency. For example, as noted by one of my Twitter followers (“TruthHunterMan”), in a variety of circumstances, federal law states that “The Secretary of Defense may provide support for the counterdrug activities or activities to counter transnational organized crime of any other department or agency of the Federal Government or of any State, local, tribal, or foreign law enforcement agency.”

Moreover, this statute specifies that one of the purposes for which this assistance may be provided include “the transportation of supplies and equipment, for the purpose of facilitating counterdrug activities or activities to counter transnational organized crime within or outside the United States” and, more specifically, “Construction of roads and fences and installation of lighting to block drug smuggling corridors across international boundaries of the United States.”

In addition, as stated by White House Acting Chief of Staff Mick Mulvaney, “We will take as much money as you can give us and then we will go find money someplace else legally in order to secure that southern barrier.” So let the search intensify.

Finally, the Trump administration has done a fair job of publicizing the dangers to public safety posed by inadequate border security, but much more is possible. For instance, couldn’t the administration vividly illustrate how limits on detention are forcing the release of dangerous aliens by publishing on a regular basis the names of these individuals and the charges against them? And maybe some mass releases could be conducted regularly, too – with officials reading this information to broadcast news audiences as the migrants in question are set free? That would sure be Must-See TV. 

This strategy would have the added virtues of freeing federal workers – especially low-wage workers employed both directly and indirectly through contractors – of the threat of real economic hardship; of avoiding the forced labor situation that results from requiring essential workers to report to their jobs even if their departments aren’t funded; and of ensuring that the quality of vital services like air traffic control and Department of Homeland Security missions including Coast Guard patrols isn’t dangerously degraded.

Even passage of the latest full Trump proposal wouldn’t have strengthened border security much in the near future. So signing the Congressional compromise clearly wouldn’t produce a fatal setback. The main challenge now before the President is to flip as much of the script as he can, and capitalize on all the opportunities before him to secure as much of the border as America can ASAP.

Im-Politic: Why Democrats Will Own a Second Shutdown

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barriers, border security, border wall, Congress, crime, Democrats, detention, government shutdown, ICE, illegal aliens, Im-Politic, Immigration, Immigration and Customs Enforcement, Lucille Roybal-Allard, Open Borders, Trump

With Congressional negotiators still racing to reach a deal, it’s unclear whether or not they’ll be able to reach the immigration and border security policy compromise needed to avoid the second partial federal government shutdown in two months. What’s completely clear, however, is that although President Trump declared that he “owned” the first shutdown, Congressional Democrats will deserve the blame this time.

The reason? In recent days, they’ve removed any doubt that their position has nothing to do with their stated belief that border walls are “immoral,” or even that President Trump’s focus on new barriers of any kind is hopelessly out of date. Instead, these Democrats – or at least their leaders – have now disclosed that their real price is a big step toward gutting any meaningful enforcement of immigration law.

Skeptics obviously haven’t paid attention to the course of Congressional negotiations since Friday. At that point, both Republicans and Democrats were expressing guarded optimism that a deal was in sight that involved keeping the entire federal government open in exchange for including actual funding (i.e., appropriations), for more barriers in the Department or Homeland Security (DHS) budget for the current fiscal year – not the kind of unenforceable promise to authorize certain levels of spending over the course of man years that marked previous recent efforts to keep the whole government open.

Hopes for a deal aren’t dead yet, but over the weekend, the Democrats dealt them a major setback by moving the goalposts. Their major new demand was for an unrealistically low (given the great recent increase in would-be border crossers of all kinds) limit in the number of beds maintained by the U.S. Immigration and Customs Enforcement (ICE) agency to detain individuals arrested for violations of immigration law.

Congressional Democrats described their stance as an effort to impose sanity on the Trump administration’s immigration enforcement priorities. In the words of California Rep. Lucille Roybal-Allard, “A cap on ICE detention beds will force the Trump administration to prioritize deportation for criminals and people who pose real security threats, not law-abiding immigrants who are contributing to our country.”

But no one can seriously doubt that crippling immigration enforcement is the real objective. In the first place, although it’s tempting – at least for argument’s sake – the critics’ charges that the Trump enforcement dragnet is too broad, let’s not forget that a key demand of many Democrats in recent months has not been to reform ICE practices, but to abolish the agency.

Second, there’s every reason to view the Democrats’ definition of “criminals” and “real security threats” as far too narrow. For example, many U.S. illegal aliens who hold a job are committing identity fraud in one form or another – including theft of Social Security cards. Critics of strict enforcement of immigration law tend to belittle these violations, and if you agree, that’s your right – but please spare me your complaints the next time you’re victimized by identity theft, or  become upset that constantly rising Social Security outlays are fueling the national debt.

Moreover, closet Open Borders supporters have a long record of defining down below the “serious” level many crimes that physically harm or endanger individuals – including assault, battery, sex offenses, drunk driving, and gun-related crimes.

And these coddlers of illegal alien crimes aren’t restricted to the Mainstream Media. In Montgomery County, Maryland – a suburb of Washington, D.C. – lawmakers introduced a measure to provide taxpayer-funded legal aid to illegal aliens that originally would have extended such assistance to illegals convicted of offenses such as “fraud, distribution of heroin, second- and third-degree burglary and obstruction of justice….” And let’s not forget the indulgent attitudes and practice of the nation’s many sanctuary jurisdictions.

What the Democrats pushing for fewer beds really want is a de facto (at least at first) U.S. immigration policy that prioritizes maximizing the numbers of foreign migrants able to set foot on U.S. soil, to thereby avail themselves of the wide range of due process protections afforded to anyone within this country’s territorial limits, and to then be released shortly after their initial apprehension.

As a result, these migrants – including declared asylum seekers and would-be refugees – will be completely free to skip their scheduled status hearings, and to become eligible for whatever future amnesties the Open Borders crowd has in mind once it regains enough power in Washington.

Of course, it’s one thing to make the case on the merits that the Democrats will own this shutdown. It’s another entirely for Mr. Trump to convince the public. Making this sale could represent his biggest challenge yet as President.

Im-Politic: Trump Immigration Policy Caught Red-Handed – Working

Tags

asylum seekers, border security, border wall, ICE, illegal aliens, Im-Politic, Immigration, Immigration and Customs Enforcement, Mainstream Media, Michael Miller, MS-13, refugees, Trump, Trump Derangement Syndrome, Washington Post

Mirroring the broader, hysterical Never Trump-ism that’s overcome so much of America’s bipartisan political establishment and its grassroots supporters (along with their foreign counterparts), the Mainstream Media just keeps killing it in the Trump Derangement Syndrome Department. And hot on the heels of that Financial Times editorial I posted on yesterday that faulting a Trump nominee for lacking the leadership and intellectual “heft” of someone who should have been tried as a Vietnam War-related criminal comes a Washington Post article handling the President’s immigration policy record with equally clueless – and equally jaw-dropping – incompetence.

According to Post reporter Michael Miller (and his editors), Mr. Trump is way off-base targeting the murderous Hispanic criminal gang MS-13, and similar networks of thugs, to muster support for his restrictionist immigration policies. The reason? “[E]ven as [the President] warned again and again about the dangers posed by MS-13 members and the need for a wall to keep them out, killings connected to the gang were plummeting in many of the areas where MS-13 has been most active.”

In other words, what could be dumber? And/or more cynical?

But in the very same article, Miller told readers that “federal law enforcement officials say MS-13 violence fell last year as a result of intensified nationwide investigations.”

More specifically, the author writes, “While Trump’s attacks on the gang have been relentless, current and former immigration officials, law enforcement agencies and gang experts attributed the decline in MS-13 murders to an aggressive response by local and federal authorities.”

For good measure, accompanying the article is a photo with this caption: “Northern Virginia Gang Task Force officers partner with ICE [the federal government’s Immigration and Customs Enforcement agency] officers to arrest an alleged MS-13 gang member in Manassas in 2017.”

Maybe Miller thinks the President has nothing to do with ICE and other federal authorities?

The author did present convincing evidence that President Trump has hardly been the first chief executive to crack down on MS-13. But he also presented evidence just as convincing that none of the success achieved by these campaigns has lasted. And if you think that the President’s insistence on more physical border barriers has been irrelevant to this crisis, consider this point made by the author: Following evidence of a reduction in gang activity, after 2014, “a surge of unaccompanied minors from Central America helped revitalize MS-13.”

And as made clear by a 2017 Post article linked in Miller’s piece, many of them made their way into the United States because inadequate border security enabled them to sneak in, or because, thanks to permissive federal policies for dealing with arrivals as a whole, “more than 150,000 such teens and children [to that point, two years ago] have been detained at the border, screened and placed in communities through the federal Office of Refugee Resettlement (ORR).”

And “Follow-up [for these resettlement efforts] is limited, and many youths fail to show up for immigration proceedings, a recent congressional investigation showed. At the same time, there are gaps in local efforts to reach vulnerable children and teens before the gang does.”

These problems could be greatly reduced by (1) better physical barriers that prevent would-be border crossers from setting foot in U.S. territory in the first place, and thereby automatically becoming eligible for the entire range of due-process protections to which citizens and other residents – legal and illegal – are entitled; and (2) related Trump administration proposals that would require refugee applicants and asylum-seekers to stay outside U.S. territory while their claims are examined.

In other words, Miller and his editors clearly thought they were serving up a classic Trump “gotcha” story. But even a minimally careful reading of the piece catches them red-handed in a disgraceful – as well as inept – example of media bias.

Im-Politic: Shutdown Lessons – So Far

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border security, border wall, China, Congress, Democrats, E-Verify, election 2020, establishment Republicans, government shutdown, illegal alien crime, illegal aliens, Im-Politic, Immigration, Mitch McConnell, Nancy Pelosi, North Korea, Paul Ryan, Populism, Russia-Gate, shutdown, Swamp, Trade, Trump

Since the fight isn’t over by a long shot, it’s chancy at best to try to figure out many of the biggest implications of President Trump’s decision to reopen the shut down parts of the federal government despite getting no new funding for a Border Wall or any new physical barriers aimed at strengthening border security. Still, here’s what looks reasonably clear at this stage of the struggle:

>First and foremost, the shutdown situation, context, and therefore even the verdict were set in stone more than two years ago by the Russia collusion/election cheating charges, by the opposition (mainly passive) to President Trump’s immigration agenda of the establishment Republicans still so prominent in Congress (and not just in its leadership) during the Trump administration’s first two years, and the resulting politics of impeachment.

That is, as I’ve written previously, from his first day in office, Mr. Trump needed to secure the protection of Congressional Republicans – including their establishment ranks. Therefore, he needed to prioritize their top issues, like Obamacare repeal and a tax cut heavily weighted toward business, rather than his top – populist – issues, like fixing America’s broken trade and immigration policies.

It’s true that in his second year, the President has ramped up the pressure on leading trade predator China and on other mercantile economies (with his steel and aluminum tariffs). But unlike the Border Wall, those measures didn’t require Congressional funding, or any form of approval from Capitol Hill. (The new trade deal with Mexico and Canada to replace the North American Free Trade Agreement seems to be moderate enough to at least have attracted mild endorsements from the Big Business-run Offshoring Lobby.)

And if establishment Congressional Republican leaders like former House Speaker Paul Ryan and current Senate Majority Leader Mitch McConnell weren’t going to go the mat for the Wall (which of course would also have required helping to persuade some moderate Democrats to come along as well) when the GOP controlled both houses of Congress, there was absolutely no way Mr. Trump could have generated Wall funding once the Democrats gained control of the House.

Incidentally, it’s being reported by at least one non-anonymous source with first-hand knowledge that the President himself provided some confirmation for this argument – by blaming Ryan for “having ‘screwed him’ by not securing border wall money when Republicans had the majority….”

>If you’re going to shut down the government, and especially if you’re planning to dig in your heels for the duration, shut down the right agencies. For example, if the issues are illegal immigration and law enforcement, don’t shut down the Department of Homeland Security – which is chiefly responsible for protecting the nation’s security in these areas. If you’re a Republican, don’t shut down the Agriculture Department, whose rural constituency is overwhelmingly Republican and conservative, and which was already unhappy enough with the President about China trade policies that had pretty much shut down America’s immense soybean exports to the People’s Republic. Also if you’re a Republican don’t shutdown the Federal Aviation Administration – because victims are especially likely to be businessmen and women and other relatively affluent voters – who provide lots of actual and gettable Republican votes.

>Consequently, the politics of shutdowns, and of some aspects of political populism, are becoming clearer than ever – especially if they’re long ones. And many of these should have been obvious from the start.

Most obvious, voters of all kinds – populists and non-populists alike – who are receptive to anti-government arguments get a lot less anti-government when the affected services affect them directly.

Less obvious, populist voters themselves say and act happy to see populist politicians act like disrupters when it comes to the mutually supportive networks of corruption and propaganda set up by establishment politicians, lobbyists, consultants, think tank hacks, and mainstream media journalists in the Washington, D.C. Swamp The same goes for establishment policies they believe have brought them nothing but trouble, like mass immigration, offshoring-friendly trade deals, and pipe dream foreign wars and similar ventures.

What they don’t want disrupted is the steady stream of government services that make their lives easier – and even viable in the first place.

>For reasons like the above, it’s unimaginable that Mr. Trump will follow through with his threat to shut down the government again if he can’t persuade Democrats to compromise acceptably on Wall funding. His best hope for some kind of partial win is to portray himself as the reasonable party, and the Democrats as the arrogant, rigid extremists.

>In that vein, expect continued, and even more frequent administration activity spotlighting crimes by illegal aliens – especially in the districts and states of key lawmakers. But success is also likely to require claims (which are entirely credible, in my opinion) that illegal aliens steal jobs from native-born Americans and/or drive down their wages, and that the leading victims include minority Americans.

>One particularly effective tactic would be for the administration to push for mandating that businesses use the E-Verify system to prevent illegal aliens out of the national job market. E-Verify is currently being used on a voluntary basis by many companies (not including most Trump-owned companies), and by all accounts is extremely accurate. (That is, it snares virtually no innocents in its electronic net.) But its use so far has been voluntary, meaning that companies that blow it off get legs up on their competition by virtue of easy access to bargain-basement illegal employees.

>Another potentially effective talking point that the administration has strangely ignored: focusing on the sheer numbers of foreigners who’d be likely to swamp U.S. borders – and the country’s asylum system – without more effective physical barriers. The administration and all of its spokespeople and media supporters should keep asking the question of Democrats: How many tens of millions of these would-be immigrants and asylum-seekers can the United States afford to admit?

>If these Trump efforts fail, declaring a national emergency looks like the President’s best bet to reestablish credibility with his base and perhaps with fence-sitting voters and Members of Congress, and even some legislative opponents.

Such a move could also go far toward putting the most politically damaging aspects of this issue behind him. After all, there’s little that opponents can do about such a national emergency declaration other than try to tie it up in the courts. And Mr. Trump could – credibly, in my opinion – respond by using information about illegal aliens crime to accuse them of endangering their countrymen and women’s security. So even if rulings by friendly judges hold up actual Wall construction, Mr. Trump’s political position could benefit.

>The President also could well be tempted to score political points by pressing harder to win some foreign policy victories. A China trade deal and significant progress in limiting the nuclear weapons threat posed by North Korea are the two most obvious candidates, but presidential over-eagerness could seriously undermine major American interests.

I’m most worried about the administration’s dealings with Beijing, given the talk out of China of ending the current trade conflict for the foreseeable future by buying lots more American goods and services. More Chinese imports from the United States would be welcome – no mistake about that. But not if the price is letting Beijing off the hook for its ambitions literally to steal and subsidize its way to global supremacy in key technologies that not so coincidentally have big defense implications.

>Finally, re shutdowns themselves, the policy of requiring furloughed workers to do their jobs without getting paid strikes me as completely unacceptable. In other circumstances like this, at home or abroad, these practices are called “forced labor” or “wage theft.” And they’re rightly condemned. Nearly as bad, these furlough practices help pro-shutdown politicians curry favor with their supporters while mitigating or at least postponing the harm to the public – including those supporters.

In other words, if you’re for a shutdown, make it a real shutdown. For any agency whose funding is cut off, the workers stay home – and the jobs they do don’t get done. If that means chaos ensues and public safety is put at risk, too bad for shutdown-ers. They’ll own it.

>Speaking of owning it, that’s the situation that House Speaker Nancy Pelosi now finds herself in not only regarding border security but every issue that comes up in national affairs. In particular, when you show you’ve gained enough power to win political battles, you also show that you’ve gained enough power to frustrate initiatives that may be unpopular among your caucus in Congress, or some of your caucus, but that may be popular with everyone else. So forget about the the idea that Pelosi is now free to conduct a campaign of all-encompassing resistance to the Trump agenda, and to dictate terms of those proposals that she is willing to consider.

>And finally, that’s one of the many reasons it’s way too early to predict how the shutdown fight will impact the next presidential election. The main additional reasons: There’s still a long ways to go before that campaign achieves critical mass, and any number of events could turn the political calculus upside down. And similarly, it’s glaringly obvious that the Trump era news cycle – along with the national attention span – is already the shortest in recent memory – and could well keep getting shorter.

Im-Politic: More Mainstream Media MS-13 – and Illegal Alien Crime – Double Standards

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Hannah Dreier, illegal alien crime, illegal aliens, Im-Politic, Immigration, Long Island, Mainstream Media, MS-13, ProPublica, The New York Times, The New York Times Magazine, Trump

Anyone still doubting that the Mainstream Media has turned into a brazen propaganda machine for Open Borders-friendly immigration policies, should ask themselves this: Why did The New York Times recently devoted a humongous article in its Sunday magazine to mistakes made by law enforcement on Long Island and elsewhere in the fight against Hispanic gangs like MS-13 – whose ranks are filled with illegal aliens – yet completely ignore stabbings by such gang members in the same Long Island community shortly after the magazine investigation appeared?`

The magazine article, by Hannah Dreier of “the independent nonprofit investigative-journalism organization” ProPublica was clearly viewed as more than just another freelance piece by the publication’s editors. As they state, it was “a collaboration” between the two organizations. Along with its length, this relationship makes clear that The Times viewed the subject as an unusually high priority.

In the December 27 article, Dreier does a good job – along with whatever assistance the newspaper provided her – of making a case that the intensified anti-MS-13 drive on Long Island and elsewhere in the country has caught up innocents. She also makes a reasonable case that the problem is rooted in the Trump administration’s dissatisfaction with its predecessors’ approach to the problem which, in her words, takes “time and on-the-ground work. Immigration agents spend months mapping out networks and gathering evidence using informants and wiretaps.”

Less convincing is her clear implication that this approach was remotely satisfactory, especially in light of her implicit acknowledgment that, while this more patient, more careful strategy was being pursued, MS-13 thugs on Long Island had

“periodically taken part in brutal killings. In 2003, in Central Islip, members beat and stabbed to death a young man who they thought was a rival and stuffed his body in a drain pipe. Also in Central Islip, the gang shot a toddler and his mother in 2010 and left their bodies in a patch of woods.

“In the last few years, Long Island’s MS-13 members and victims have gotten younger. In 2016, MS-13 gang members murdered five Latino Brentwood High students with bats and machetes. In 2017, the gang killed three more local Latino students and left their macheted bodies in a park in Central Islip. Some two dozen young men from Brentwood and Central Islip were eventually charged with the murders. A few were as young as 16.”

Also interesting: The author writes that “Many [Immigration and Customs Enforcement – ICE] agents wanted to arrest and deport suspected MS-13 members under President Obama. But they were constrained by an Obama-administration policy that required ICE agents to focus on undocumented immigrants who had committed serious crimes.” Meaning that Mr. Obama didn’t consider the above killings “serious crimes”? Just wow.

Indeed, writes Dreier, “President Trump took office at the peak of this local wave of violence” – hence his decision “that he was making the gang a federal law-enforcement priority.” The dragnet created by the Trump Justice Department and local law enforcement on Long Island (and in other communities that participated in such programs) has no doubt erred in instances. But there’s also no doubt that the old methods were failing.

In other words, I wish that Dreier (and her Times collaborators) had presented a much more balanced view of the situation and the results of the two strategies, but let’s grant that in a single article – even one as long as this one – has every right to maintain an overall emphasis.

It’s the follow-up – or, more accurately, its complete absence – that puts The Times in such a bad light. Specifically, on January 9 – only some two weeks after this magazine article’s appearance – two teenagers from one of the Long Island high schools on which Dreier focused were stabbed near a local fast food restaurant. The following day, the Suffolk County (Long Island) District Attorney charged that the three suspects arrested were MS-13 members, and all were illegal aliens. They all attended that same high school. For good measure, two of the accused assailants had been detained by ICE, which hoped to deport them, but were ordered released by federal judges.

Given the lengthy coverage The Times had just devoted to law enforcement mistakes, and given that Long Island is part of the paper’s home base, you’d think that a write-up of this incident would have been judged reasonably big news. Or any kind of news. But as of this morning – a week after the stabbings – not a single word about them had appeared in The Times.

Even stranger: In the weeks before Dreier’s lengthy article was published, the paper’s local coverage had run several articles on local MS-13 crimes. Its national staff has looked into the gang and its atrocities, too, but nothing as detailed as the Dreier “mistakes” piece has appeared. It’s in these national pieces, of course, that policy and policy debates are likeliest to be mentioned, and most such coverage stressed either that MS-13 isn’t such a big deal (e.g., here) or that its presence has little to do with illegal immigration and is being used by the President as a political prop (e.g., here), or that his descriptions of the Democrats’ views of the gang are misleading (e.g., here), that the president’s claims of progress versus its predation are exaggerated (e.g., here). And by now, it should come as no surprise that The Times has never published any item about victims of crime by illegal aliens, or about the failure of the pre-Trump programs in preventing such offenses, that’s been nearly as long as Dreier’s opus.  (Here‘s the only recent example of reporting on the subject.) 

Former Times news chief Jill Abramson is coming out with a book claiming, among other things, that the paper’s news pages have become “unmistakably anti-Trump.” The magazine’s Dreier article, and its other MS-13 coverage – and non-coverage – sure looks like a leading example.

Im-Politic: ‘Tis the Season – for Immigration Double Standards

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Associated Press, Chuck Schumer, CNN, illegal aliens, Im-Politic, Immigration, Mainstream Media. Nancy Pelosi, migrants, Open Borders, The New York Times, The Washington Post, Trump

All reasonable participants in the often angry national debate about American immigration policy surely agree that the deaths of migrant children in U.S. custody and the killing of a police officer at the hands of an illegal alien are comparably tragic. Why, then, have the Open Borders supporters treated them like night and day, focusing intently on the former and literally ignoring the latter? And why has President Trump so needlessly fed his own critics’ charges of cruelty, racism, and xenophobia on immigration policy with some double standards-setting of his own on these matters?

The discrepancy on the part of Open Borders advocates has been especially dramatic when it comes to Congress’ leading Democrats – who will assume control of the House of Representatives in January. House Speaker-designate Nancy Pelosi, Senate Democratic leader Chuck Schumer, and other major figures in the party (including its likely presidential candidates) have uniformly expressed outrage at the deaths this month of two Guatemalan children held by the U.S. immigration authorities after being brought to the border by parents on long, arduous trips from their home country.  (See, e.g., here and here.)

But the early morning December 26 killing of a Newman, California police officer (and an immigrant himself) by a suspect identified as an illegal alien by local law enforcement officials has elicited no response at all – even from Pelosi, who represents a California district.

The same pattern marks the coverage of these incidents by the Mainstream Media, which has made its Open Borders sympathies abundantly clear in recent years. For example, the Washington Post this morning was still highlighting on its front page the controversy over the children’s deaths. But the police officer’s death didn’t even make the print edition. The killing was mentioned on the paper’s website three times yesterday and today. But all three items were taken from the wire services, meaning that the Post hasn’t as of now assigned one of its own reporters to investigate.  (See, e.g., here.)

The New York Times did cover the policeman’s killing with one of its own correspondents – and ran the story on page 15 of the news section today. But an article on the children’s deaths, which are no longer breaking news, received front page coverage.

Visit the website of the Associated Press, the world’s largest bona fide news agency, and you’ll see an article on the most recent Guatemalan child’s death right near the top of the home page. But you need to scroll way down to find a piece on the police officer’s killing.

CNN also featured a follow up on the most recent child death prominently on its home page. But its coverage of the police killing doesn’t appear anywhere. You need to look for it with the search engine.

In my view, President Trump has dropped the ball here as well. It’s true that his administration has expressed regret over both migrant children’s deaths, is investigating these events, and seeking ways to handle the new flood of migrants more effectively. It’s also true that the administration has blamed the children’s parents in part for putting them in dangerous situations to begin with – and I agree. I also fully support the administration’s insistence that the U.S. government’s responsibilities to its own citizens are qualititatively different – meaning greater – than to citizens of other countries.

But although Mr. Trump has tweeted about the shooting (without condolences for his family or his colleagues) he’s made no comment at all about the children’s deaths. And just as the Open Borders folks exhibited a major blind spot in failing to acknowledge the special shame surrounding the death of a public official who risked his life every day on behalf of others by an individual who commonsense immigration policies likely would have kept out of this country, the President has exhibited a blind spot in failing to acknowledge the special sorrow surrounding the death of a minor who bore no responsibility for his circumstances. And he could so easily have done expressed such sentiments without conceding a single inch of ground in his campaign for the most stringent border security regime.