Rudy, Could You Please Explain This?
By Erick Posted in 2008 — Comments (21) / Email this page » / Leave a comment »
You sure got bent out of shape by Romney's attacks on you about New York being a sanctuary city for illegal immigrants.
This bit of double speak isn't really going to help you.
In Atlanta, Giuliani said this:
“It’s not up to me to decide whether it’s a crime or not. It’s up to the U.S. Congress to decide that, and the lawbooks say that crossing the border without permission is a misdemeanor.
“Other than that, it’s not a crime. The Congress tried to make it a crime, but didn’t make it a crime, so that’s a question of law, not political rhetoric or political spinning or political positioning.”
So, it is a crime, but it isn't a crime? A misdemeanor is a crime. But Congress didn't make it a crime?
I hope you mean that Congress tried to make it a felony, but it is not. Perhaps, you know, it is just a misdemeanor because the person is going to be arrested and deported if we actually enforce the law.
Either way, you might want to clarify.
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Rudy, Could You Please Explain This? 21 Comments (0 topical, 21 editorial, 0 hidden) Post a comment »
Think about the difficulty of going into criminal court to prove that a defendant (who's not talking, aside from denying that he's illegally here) is illegal. He claims (in fluent accented English) he was born somewhere in Los Angeles. Doesn’t know where. He was young at the time.
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Judge: Do you know where he was born?
Prosecutor: No.
Judge: Do you have any witnesses who will testify that he was born outside of the United States?
Prosecutor: No.
Judge: Any Documents that show he was born in Mexico, Guatemala, or anywhere else outside the United States?
Prosecutor: No.
Judge: Does he have a criminal record?
Prosecutor: No.
Judge: Then why are you wasting my time?
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If it was a felony, you'd never get anywhere.
Taxpayers would end up paying to house and feed the guy and give him free medical care.
No thanks.
"No compromise with the main purpose, no peace till victory, no pact with unrepentant wrong." - Winston Churchill
A free trip back to Mexico (or Guatemala, or Russia) is not enough of a deterrent to keep people from crossing over illegally. There are people we catch and send back over and over again. There needs to be some penalty for repeated offenses. That penalty should include a permanent bar on legal entry for any reason and after enough offenses, jail time. It doesn't need to be for very long, but it needs to be enough to serve as a deterrent. Rudy is wrong on this issue (among others).
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Underlying most arguments against the free market is a lack of belief in freedom itself. - Milton Friedman
Why am I reminded of that part in Cheech and Chong's movie Up In Smoke where a Mexican family wants to go home for a wedding so they call Immigration on themselves and get a free trip to the border - and a free lunch!
judges.
Mike Gamecock DeVine @ The Charlotte Observer
www.race42008.com
www.hinzsightreport.com
www.theminorityreportblog.com
"One man with courage makes a majority" - Andrew Jackson
Mike Gamecock DeVine @ The Charlotte Observer
www.race42008.com
www.hinzsightreport.com
www.theminorityreportblog.com
"One man with courage makes a majority" - Andrew Jackson
If you keep hitting this hard, Mike, then PETA's going to be after you.
HTML Help Central for Red Staters
Reality: Thompson/Romney Dream: Santorum/Watts.
Mike Gamecock DeVine @ The Charlotte Observer
www.race42008.com
www.hinzsightreport.com
www.theminorityreportblog.com
"One man with courage makes a majority" - Andrew Jackson
I just heard Tucker Carlson, on some gawdforsaken network, point out that "this guy went after the squeegee man" and now he has no problem with these aliens.
...and those (2,000, or 3,000?) New York squeegeemen weren't in hiding someplace. They were in the middle of the street.
The question will never be how do we (America) get back to the way it was in 1986. The question is, how do we keep the immigration problem from getting even worse? Giuliani’s on top of that question, if you listen to him. You need two kinds of fences. Physical fences, virtual fences, and most importantly, tamperproof biometric IDs required to get a job.
In the Early 1990's, Giuliani’s main societal problems were related to crime. They were fear and apathy. They had little to do with illegal aliens.
Physical fences, virtual fences, and most importantly, tamperproof biometric IDs required to get a job.
Physical fence. A great idea considering the relatively minor cost. It will make the BP much more effective on the southern border. But it won't stop everyone from crossing that border. It won't stop anyone from crossing our other borders. It won't stop visa overstays.
virtual fences
Sure, OK. Same problems as the physical fence except less effective in the first place. Virtual fences don't slow anyone down or help you apprehend anyone. They can drive right back across the border with their SUV full of drugs and cross somewhere else.
tamperproof biometric IDs required to get a job
This is the biggest joke of the bunch. Even if it were possible to make "tamperproof biometric IDs," they will never be required to get a job. Nobody has suggested these should be issued to anybody but guest workers or other immigrants with permission to work here. They'll still be able to use a SS card that any six year old with a box of crayons could forge. They'll still be able to use their stolen SSN and name.
So, yea, he's gonna need to do more than that. He has shown an unwillingness to do anything that might actually do the job. He doesn't even want illegal presence to be made a crime.
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Underlying most arguments against the free market is a lack of belief in freedom itself. - Milton Friedman
Rudy claims that "the lawbooks say that crossing the border without permission is a misdemeanor". Actually, "the law books" say that improper entry can be punished as a felony or a misdemeanor. I wonder why Rudy would state only half the truth about the punishment for improper entry. Of course, he is just a former United States Attorney. He shouldn't be expected to know such things.
Title 8, Section 1325 of the United States Code provides as follows:
"(a) Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts
Any alien who
(1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or
(2) eludes examination or inspection by immigration officers, or
(3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both".
Rudy has made it clear in the past that he does not believe illegal presence should be a crime. Rudy believes that there should not be a statute criminalizing the unlawful presence of an illegal alien in this country.
I agree with Tom Tancredo, James Sensenbrenner and the overwhelming majority of House Republicans who believe that unlawful presence should be criminalized. I believe that federal prosecutors should have that charge available to them. Of course, criminalizing unlawful presence would not necessarily change any of the statutory language regarding deportation for the violation of civil laws relating to unlawful presence.
"The defense of our nation begins with the defense of our borders." - Rep. Tom Tancredo
Rudy opposed H.R. 4437, the enforcement first immigration bill passed by the House in December 2005. That bill was overwhelmingly supported by House Republicans, including the entire House Republican leadership. Tom Tancredo and virtually very other House Republican that has made illegal immigration a priority issue supported it. Though H.R. 4437 was overwhlemingly supported by House Republicans, Rudy opposed it, as did Nancy Pelosi and most Democrats.
In 2006, Rudy did support S. 2611. That legislation would have rewarded millions of illegal aliens with legal status and a path to citizenship. S. 2611 was supported by nearly all Senate Democrats including Ted Kennedy, John Kerry, Hillary Clinton, Charles Schumer, Patrick Leahy, Barabara Boxer, Dianne Feinstein, Richard Durbin and Barack Obama. Because he supports awarding legal status to millions of illegal aliens, it is not surprising that Rudy supported S. 2611.
"The defense of our nation begins with the defense of our borders." - Rep. Tom Tancredo
...what you want to do with the 12-million illegals that are already here, most working, inside the border fence (when we have a proper border fence.)
Do you want to get their name, their photo, their fingerprints, and get their place of employment all entered in a big computer database?...OR...Do you just want to use them anonymously to make political points?
To find 12-million clever people, hiding in plain sight, you have to offer them something they value, in exchange for them coming forward. Otherwise, you won't have a lot of success finding them. Liberals will certainly help them hide. Any doubt about that?
The first thing to do is decide what's even possible.
The overwhelming majority of House Republicans were not anonymous in their support for an enforcement first approach and opposition to rewarding millions of illegal aliens with legal status and a path to citizenship. The entire House Republican leadership was not anonymous in its support of an enforcement first approach and opposition to rewarding millions of illegal aliens with legal status and a path to citizenship.
Rudy supported the approach of Hillary Clinton, Barack Obama John Kerry, Christopher Dodd and Joe Biden. All of them voted for S. 2611. He believes that millions of illegal aliens that deliberately violated this nation's immigration laws should be given legal status and a path to citizenship.
I want illegal aliens to voluntarily return home or be deported. I want the laws already on the books against employing illegal aliens to be vigourously enforced. When they no longer have jobs, many illegal aliens will leave. I want the hundreds of thousands of illegal aliens that have already been ordered deported to be deported. I want the borders sealed to prevent the entry of more illegal aliens into this country.
You want to give millions of illegal alien lawbreakers legal status and a path to citizenship. I don't.
The approach of rewarding millions of illegal aliens with legal status and a path to citizenship has already been tried and failed. The 1986 amnesty required background checks, required the payment of fines and many other of the same things that last year's Senate immigration bill required. The 1986 amnesty encouraged the entry of more illegal aliens into this nation.
Did you support H.R. 4437?
Did you support S. 2611?
"The defense of our nation begins with the defense of our borders." - Rep. Tom Tancredo
That is the reason 95% of them are here, after all. Because they can make a lot more money in SoCal than they can in Oaxaca. You take that away, they won't want to be here.
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Underlying most arguments against the free market is a lack of belief in freedom itself. - Milton Friedman
...higher up in the thread, you're against having a new encrypted (tamper-proof) ID. You need to make up your mind. To keep people from working illegally, the "Basic Pilot" program isn't enough. You need a high-tech method that ties the person to the document, and verifies that the document is absolutely authentic. Easy stuff today.
you're against having a new encrypted (tamper-proof) ID
I simply pointed out that the proposal would be totally ineffective because they would exclude citizens and those pretending to be citizens. The employment verification system still needs to be fixed, but nothing Rudy (or W, or McCain) is suggesting is going to actually fix it.
I've already proposed my solution many times, and it doesn't involve a new card at all. The problem is verification, not the card. Any card can be forged. Verification is much harder to thwart. We need a database that ties driver's license numbers to citizenship and work eligibility and it needs to be queryable by anybody. That would actually do something about the problem.
Of course, Rudy (and W, who proposed the idea before Rudy) aren't interested in actually doing anything. Rudy is only interested in the appearance of actually doing something.
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Underlying most arguments against the free market is a lack of belief in freedom itself. - Milton Friedman
How in the world does an attorney not know the meaning of misdemeanor, felony, and crime?! Misdemeanors are crimes. No matter how much I disagreed with Rudy on social issues, at least I thought he stood by his positions. Now, he's either incredibly dumb (I don't think this is the case) or just another weasley politician.

His point, of course, is that we deport people through civil proceedings (in which, for example, the Fifth and Sixth Amendments and proof beyond a reasonable doubt don't apply), rather than lock them up, and that there is a legal reason for this. He's right on the law but it's a bad battle for him to be fighting, rhetorically speaking. His larger point still stands that it's not only infeasible but not even the position of most immigration policy hawks to imprison illegal immigrants.
"No compromise with the main purpose, no peace till victory, no pact with unrepentant wrong." - Winston Churchill