Border Enforcement Duplicity

We’ve heard it from every quarter: our immigration system is “broken.” And the current border crisis seems to confirm this. But wherein does its “brokenness” lie?

No one disputes that incentives drive the “flood” of immigrants northward toward the U.S.: Specifically, such incentives comprise “push” factors (motivating the migrants to leave their former country of domicile) and “pull” factors (attractive features of the life they anticipate in the U.S.). And now almost everyone says the basic pull factor — or “magnet” — is the attraction of our government’s continuing practice of “catch and release” — though this term turns out to be imprecise, with no exact legal meaning:

There’s no hard and fast definition, but “catch and release” usually refers to U.S. immigration authorities’ practice of releasing unauthorized immigrants while they await immigration hearings, rather than keeping them in custody.

With some exceptions, only children and asylum-seekers are eligible for this kind of release. They often stay in the United States for months or years while their cases wind through the courts. Many of them do not show up for court dates and end up settling in the country without authorization. — Salvador Rizzo, President Trump’s claim that Democrats created ‘catch and release’ policies, April 4, 2018

There is no reason to deny such analysis regarding incentives. And clearly it implies that “catch and release” is a major cause of our system’s “brokenness.” But it is all the more remarkable, then, that this consensus as to one of our border problem’s major causes has led neither to any solution, nor to cessation of our government’s practice of “catch and release.”  Could it be that some high-level group designed this border problem never to see a solution?

The Government’s Excuse

For its part, the government holds a ready explanation of the reason for its continuing practice of “catch and release.” Media-gurus, political pundits, and officials in the Executive branch have been telling us — for years — that “our immigration laws need fixing!” For that law is — they say — full of “loopholes”!

Former DHS Secretary Kirstjen Nielsen’s standard blame-deflection went like this:

Until these loopholes are closed by Congress, it is not possible, as a matter of law, to detain and remove whole family units who arrive illegally in the United States.

So, according to Nielsen, the immigration law itself is tying the hands of the government.

President Trump has similarly blamed our immigration laws. On April 3, 2018 he complained, “We have immigration laws that are laughed at by everybody…​. We have to change our immigration laws.”

Former Atty. General Jeff Sessions intoned likewise that “as President Trump has warned, the need to fix these loopholes and weaknesses in our immigration system is critical and overdue.”

A recent version of this accusation says, more specifically, that a main “brokenness” in our immigration law is the part which deals with asylum. Media pundits, Executive Branch officials, and White House communications have all been decrying the “asylum loopholes” allegedly crippling our immigration system.

A White House “Fact Sheet” of April 29, 2019 entitled “President Donald J. Trump Is Working to Stop the Abuse of Our Asylum System and Address the Root Causes of the Border Crisis,” explained (red and italics ours):

THE ASYLUM LOOPHOLE: Migrants are flooding to our border to use asylum to gain entry into our country and remain here indefinitely.

  • Our immigration system has reached a breaking point as we continue to see an overwhelming surge of migrants, with more than 100,000 arriving at our border in March alone.
  • As a result of loopholes in United States immigration law, migrants claiming fear are often released into communities across the United States, where they often remain indefinitely.
  • In order to remain in the country, they often fail to show up to court hearings, fail to file an asylum application, or fail to comply with removal orders once their claims have been denied.

Trump echoed the lament on May 30, 2019:

Trump said on Thursday [May 30] that he would not be closing the border as he has threatened numerous times. “The asylum procedures are ridiculous,” he added. “No place in the world has what we have in terms of ridiculous immigration laws.”

Informed Rebuttals of the “Blame Congress and the Immigration Law” Explanation

The standard, “law-loopholes are preventing good border-enforcement” account of our border crisis has its skeptics, however. And most of these skeptics are not amateurs: Rather, they are professionals (including researchers, writers, and Border Patrol agents) who have made it their job to understand our immigration system — and its malfunctions.

For example, Daniel E. Horowitz — who has been explicating the legal and administrative aspects of immigration for years — wrote in a recent post:

How much longer are we going to allow lawless acts of past administrations and lower courts to flip immigration law on its head and act as if the laws themselves are the problems? Our immigration laws aren’t broken, it’s just that carefully selected lower courts violate those laws as well as Supreme Court precedent, plus the executive branch has refused to enforce many laws that haven’t even been tampered with yet by the judges. The American people never voted for the system in place to today. In fact, the people’s representatives voted for the opposite.…​

There is this dangerous perception that somehow our laws declared open borders or at least granted endless rights to avoid deportation until and unless we muster the votes to change the laws. The reality is the opposite.

In a post earlier that month, Horowitz mentioned that this is the view also of Brandon Judd, head of the Border Patrol union (NBPC):

Brandon Judd, head of Border Patrol Union

‘Political pundits, talking heads, scholars and politicians have convinced the American public that only legislation can solve the problem. They say there are too many immigration and asylum loopholes preventing the government from deporting illegal border crossers in a timely manner. They are all wrong.’

Those were not the words of yours truly, but of Brandon Judd, the head of the Border Patrol union, in a Washington Times op-ed. He suggests we [should] actually just enforce the asylum laws [that are currently] in statute and have border agents at the front lines, not bureaucrats in other DHS agencies, take the lead on enforcement.

The talking point about the broken laws, in the media and even from the administration, have [sic] been so incessant and emphatic that most people probably think the laws require open borders unless Congress votes to change them. In fact, our laws are very clear that people who come to our border without proper documentation are all illegal aliens and must be deported. In 1996, Congress further updated those laws to preclude endless lawsuits.

Likewise, researchers and writers from the Center for Immigration Studies have rebutted much of this standard account of our border crisis.

Why It’s Untrue, that “Asylum Loopholes” in the Law Tie the Hands of the Executive Branch

The skeptics are correct — the ostensible loopholes are excuses without merit. In this section we will discuss the “asylum loophole,” which the above-cited White House Fact Sheet alleges. In a companion post, we discuss the other category of immigration-law loophole — those relating to minors and families — which the DHS (Department of Homeland Security) claims hinder the enforcement of our border.

There are at least four reasons why the narrative that “asylum loopholes have forced ‘catch and release’” does not hold water. Either of the first two demolishes the narrative all by itself. Let’s review all four, though — and make our point inescapable.

The President’s Unlimited Authority over Immigration

One thing that the media — who are helping push this false narrative — never tell the American people, is that the president has “plenary” (absolute, unrestricted) authority to exclude any and every alien he wishes — at any time. This is an authority that is subject to neither of the other branches of the federal government.

This plenary authority over immigration turns out to be both “inherent” and “delegated.”  The president’s inherent authority is built into the very structure of our federal government. The president’s delegated authority over immigration is that which the immigration statutes attribute to the president explicitly.

The president’s inherent authority over immigration is a foundational, long-standing principle of U.S. constitutional jurisprudence, recognized and openly acknowledged by the courts for over 200 years. The authority stems primarily from the president’s constitutional authority over foreign relations. (Aliens are, after all, foreigners, not U.S. citizens.[1])

One of the clearest judicial statements of this principle is in the Supreme Court’s opinion in Knauff v. Shaughnessy (1950):

The exclusion of aliens is a fundamental act of sovereignty. The right to do so stems not alone from legislative power, but is inherent in the executive power to control the foreign affairs of the nation.

However, to make sure everyone understands the president’s plenary authority to exclude aliens, our immigration law makes it explicit:

Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate. — INA, §212(f); which is at Title 8 U.S.C. §1182(f)

Therefore, all the other immigration statutes, taken together, couldn’t “tie the president’s hands” if they tried! For this one provision implies that not only those whom the law excludes are to be excluded; but also, any and all whom the president excludes.

The Low Percentage of Arriving Aliens Claiming a “Credible Fear of Persecution”

The impression one tends to get from the media is that the immigration surges of 2018–​19 are, to a large extent, people seeking asylum. According to our same White House Fact Sheet, President Trump has said that “The biggest loophole drawing illegal aliens to our borders is the use of fraudulent or meritless asylum claims to gain entry into our great country.”

But based on reliable reports — including some from the DHS — no more than about 10% at any time have actually been claiming a “credible fear of persecution” — far less a percentage than that of “families” and “UACs” (Un-accompanied children) coming across the southern border. (Issues surrounding “families” and “unaccompanied children,” we discuss in our companion post.)

A DHS release of April 4, 2018 noted: “Before 2013, approximately 1% of arriving aliens claimed credible fear (asylum). Now 1 out of 10 claim credible fear.” And Carl Landrum, Deputy Chief Border Patrol Agent in the Yuma Sector (our third-hardest-hit sector, behind the Rio Grande Valley and El Paso sectors), stated in a Fox News interview on April 22, 2019 that in his area, “Only six percent of the people crossing the border are expressing a credible fear and requesting asylum.”

Daniel Horowitz finds that news disturbing: “This revelation means that our government has essentially vitiated the entire Immigration and Nationality Act (INA) and has declared a de facto open border.…​ We are shredding every word of the INA and processing and releasing almost all of these people, even those who don’t express a credible fear, rather than immediately placing [and keeping] them in expedited deportation.”[2]

The Extremely Low Percentage of Arriving Aliens Possibly Qualifying for Asylum

Another pivotal misconception which our media and Executive Branch have fostered is the notion that people fleeing violence or poverty in Central America are legitimate refugees. In fact, virtually none of them are. Rather, what they are is “economic refugees.” But the criterion which our law applies for refugee status (and thus asylum), is whether the alien has a “credible fear of persecution” — as that phrase is defined, very precisely, in our immigration law.

The crucial part of that definition to understand is the term “persecution”: Once you know the technical sense of that, you may understand why practically no one fleeing violence, poverty, disease, or what have you in Central America (or in Mexico) satisfies our law’s criterion for such a “credible fear.”

Here is our law’s criterion for a “refugee” — including what qualifies as “persecution,” in this context (emphasis in highlighted bold ours):

any person who is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

That definition is in Title 8, §1101(a)(42)(A) — which section, and which definition of “refugee,” are then referred to in §1158, “Asylum.”

So, if that’s what a refugee is, what exact level of proof makes it “credible” (in this sense) that a person has a “well-founded fear” of such persecution? Title 8, §1225(b)(1)(B)(v) gives this definition (emphasis in highlighted bold ours):

[T]he term “credible fear of persecution” means that there is a significant possibility, taking into account the credibility of the statements made by the alien in support of the alien’s claim and such other facts as are known to the officer, that the alien could establish eligibility for asylum under section 1158 of this title.

What constitutes a “significant possibility” is undefined in the immigration law, and the standard has not yet been discussed in immigration case law. However, a USCIS (U.S. Citizenship and Immigration Services) Basic Training Course for asylum officers has a helpful discussion of what constitutes that “standard of proof.”[3] After reminding readers that the alien is “the party who bears the burden of proof,” and discussing a range of “different standards of proof [which] are relevant in the immigration context,” this training course says that the “significant possibility” standard requires the person bearing the burden of proof to “demonstrate a substantial and realistic possibility of succeeding” in establishing eligibility for asylum under section 1158.  [Emphasis in original.]

Now, Central America countries — and Mexico, for that matter — are each made up of such a homogeneous mass of people, with regard to race, culture, and so forth, that these countries’ likelihood of having “persecution” for any of the above reasons is miniscule or non-existent. It is therefore (to use the USCIS training course’s terms) “a claim that has ‘no possibility of success,’ or only a ‘minimal or mere possibility of success,’ [and thus] would not meet the ‘significant possibility’ standard.”

Daniel Horowitz concurs:

This law was clearly written for a situation where a group is facing religious persecution, such as the Yazidis in Iraq. Nobody can say with a straight face that any of these people coming from the Central American triangle meet any of these five conditions [viz., persecution on account of race, religion, nationality, membership in a particular social group, or political opinion]. These are some of the most homogeneous countries in the world. There is no religious or ethnic persecution. And it is quite laughable to assume they are being persecuted for political opinions. Those teeming across our border are not a bunch of Madisonians railing against the lack of free markets in Honduras. — Daniel Horowitz, How Trump can protect the border without Congress

Jeff Sessions, former U.S. Atty. General

Thus, it’s clear that the legal standard of proof is being misapplied in credible-fear determinations — with disastrous results. Even Atty. General Jeff Sessions, speaking in October 2017, admitted that the credible-fear adjudication process was being “gamed”:

[T]he adjudication process is broken as well. DHS found a credible fear in 88 percent of claims adjudicated. That means an alien entering the United States illegally has an 88 percent chance to avoid expedited removal simply by claiming a fear of return.

But even more telling, half of those that pass that screening—​the very people who say they came here seeking asylum—​never even file an asylum application once they are in the United States. This suggests they knew their asylum claims lacked merit and that their claim of fear was simply a ruse to enter the country illegally.…​

The system is being gamed. The credible fear process was intended to be a lifeline for persons facing serious persecution. But it has become an easy ticket to illegal entry into the United States.…​

Our asylum laws are meant to protect those who because of characteristics like their race, religion, nationality, or political opinions cannot find protection in their home countries. They were never intended to provide asylum to all those who fear generalized violence, crime, personal vendettas, or a lack of job prospects. Yet, vague, insubstantial, and subjective claims have swamped our system.…​

… As one immigration judge recently told me about the credible fear process, “any adjudicatory system with a grant rate of nearly 90 percent is inherently flawed.” …​ We can elevate the threshold standard of proof in credible fear interviews.[4]

OK; but if they can elevate it — why haven’t they done so? According to Jessica Vaughan of the Center for Immigration Studies, there have been “reports from whistleblowers at USCIS who say that [USCIS] asylum officers [currently the ones handling all fear-claim interviews] have been instructed by resistant career supervisors to ignore efforts by the Trump administration to return to deciding these cases according to the letter and intent of the law.”[5]

The Necessity that Arriving Aliens Pass a “Credible Fear” Interview or Review

Yet another misconception which media and Executive Branch officials promote is the idea that any arriving alien can just claim a “credible fear,” and they will be released to await their asylum hearing. That is, the media never make clear that arriving aliens who cannot show valid documentation of legal immigration status are each put, immediately, into “Expedited Removal Proceedings” — and kept there until removal, unless that arriving alien instigates and passes a “credible fear interview,” (or an administrative review of that interview).

In short, as long as the alien is in Expedited Removal, they are held in mandatory detention. Thus, there is no question at all of some alien, having just arrived, being “caught and released” legally.

There is a lawful process which is, sometimes, informally classified as “catch and release” — but more properly called, “parole” — but one must argue that, administratively, in many cases it’s given too eagerly after a determination of “credible fear.”.[6] But neither that legal procedure, nor any “asylum hearing,” is available legally to “arriving aliens” by their simply showing up and claiming a “credible fear” of persecution.

Rather, an “asylum officer” (who is from USCIS, as things are working currently,) conducts an “interview” regarding the alien’s credible-fear claim; and based on this interview, makes a determination regarding this claim. If that determination goes against the alien, and he or she wants to contest it, they can ask for an “administrative review” — which will be before an EOIR “immigration judge.” But all of that happens as part of what’s called “Expedited Removal Proceedings,” into which all “arriving aliens” (and some others) who have no documentation of legal immigrant status are placed automatically.[7] (An important qualification: “Expedited Removal” is not the process which the law stipulates for “unaccompanied alien children,” or “UACs”; we discuss those in a separate, companion post.) And detention is mandatory all through those proceedings, according to the law.[8]

In contrast, an “asylum hearing” does not happen for any such (adult) “arriving alien” unless the alien has been determined (during expedited removal) to have a “credible fear of persecution,” and been therefore removed from “expedited removal” proceedings and placed into “formal removal proceedings,” and allowed to make formal application for asylum. And only once they’ve made such application are they eligible for “parole.” And that is what so-called catch-and-release is, for “arriving aliens” — a “parole,” under Title 8 §1182(d)(5).

Legally, then, they cannot be paroled until they’ve been “determined” to have a “credible fear of persecution.” All of which implies that if they fail in that determination — and virtually all Central Americans would fail, were the determination conducted according to statute — then there’d be no question of our immigration authorities ever paroling them, legally, into our country. Ending the fraudulent determinations that these aliens have a “credible fear” would, therefore, end their “catch and release.”

Locating Our Immigration-System’s Real “Breakage”

Besides those related to asylum, there are other alleged “catch and release loopholes” which need addressing as well, such as those pertaining to “unaccompanied minors” — all of which we discuss in a companion post. Taking also those into account, we could summarize the “immigration loopholes” situation this way:

  • The DHS and DOJ are applying an inexcusably and illegally low standard of legal proof, in their credible-fear determinations. And this is the only reason that the vast majority of adult arriving aliens from Mexico or Central America are allowed out of Expedited Removal — with its mandatory detention — and (then) considered for parole (one kind of “catch and release”).
  • As we discuss in our companion post, the government is granting a thoroughly undeserved deference to the dubious features of Judge Gee’s 2015 ruling(s) on the FSA (Flores Settlement Agreement) — including a pivotal one that the Appeals Court overturned! And this is the only reason the government is saying that it must release minors within 20 days — and that it must release whole alien families that happen to include a minor.

Contrary to representations by the president, DHS administrators, and media, though, none of this is a matter of immigration law, or of the FSA (which has the force of law). Furthermore, even if the law did have an actual “loophole,” the president would not thereby be prevented from using his full, plenary authority to restrict — or even to shut down — immigration!

Thus, the loophole-skeptics are correct: there is no law-problem; there’s only an implementation-of-law problem, a lack-of-enforcement problem.[9] In short, contrary to repeated claims by the Executive Branch and the media, the president has by no means required Congress to close alleged “loopholes,” in order to secure our border.

Of course, there are logistical challenges to stemming the current flood. But historically, the hope of catch-and-release has created most of the “magnet” attracting immigrants. And removing the main “pull” factor — that magnet — would have no less impact on the flow than had the mere anticipation of catch-and-release ending, which anticipation slowed immigration dramatically in the wake of Trump’s 2016 election. The logistical challenges could then be handled, as we have handled them in similar (if smaller) border crises time and time again.

Accounting for This Inversion of the Truth

The story of the immigration law’s culpability for our border crisis is so patently, undeniably false, that there is really only one way to account for its dominance in the media and Executive Branch statements: which is, orchestrated duplicity. More specifically: it is an agreed duplicity on the part of much — we’d estimate, most — of the media, and of many top administration officials, lower court federal judges — and even of many Congress-people, insofar as they remain silent in the face of this dangerous disinformation. But what could be motivating this orchestration of duplicity?

Well, if we recall that the Establishment — which controls most of the institutions spouting this story — wants open borders (as the FFS has often documented), then several plausible motives come to mind:

  1. Laying the blame on Congress and immigration law diverts the public’s attention from, and tends to keep them ignorant of, those places in which the system is indeed broken (namely, poor enforcement of the law) — which diversion is crucial for continuing or growing the crisis.
  2. Also, such misdirection has the potential — very appealing to the Establishment — of convincing the public (finally) that our immigration law needs a major overhaul — which overhaul, given Congress’s increasingly wishy-washy stance for strong borders, might well eviscerate our (heretofore basically sound) immigration law.
    • Even if failing to find consensus for a major overhaul (a.k.a. “comprehensive immigration reform”), those seeking open borders may find enough consensus for one or more “amnesties” — which helps keep the crisis boiling.
  3. Also, this crisis offers the ever-increasing possibility (again, appealing to the Establishment) of getting the public to accept an international “resolution” of the problem — which would make permanent of course, rather than repair, our loss of control of our border — through further bilateral agreements with Mexico and/or Central American countries, for example, or even reviving the development of a North American Union, and/or through inviting U.N. “Peacekeeping” troops in — “to help.” Any of those approaches to a “solution” would seriously sabotage our national sovereignty and independence.

There is, therefore, no reason to doubt that the current border crisis is intentional — created, not by Congress, but by conspiratorial elements controlling our media and Executive Branch (with supporting roles played by a few lower-court judges). And this lie about “immigration loopholes” is the main tactic keeping the public from realizing the true cause of the problem — which is intentionally inadequate enforcement by our government’s law-enforcement branch (the Executive).

What to Do

Clearly, the only way that this non-enforcement will be remedied, is for an informed, activated electorate to apply concerted pressure on the government to remedy it. But an electorate not informed, will certainly neither be activated. So, the widespread exposure of this fraudulent “loopholes” tactic is key. That is the most obvious mission we must undertake, therefore.

Less obvious is that we must also use such educational effort to grow — as rapidly as possible — the reach and level of understanding of the Internationalist, conspiratorial intrigue that is seeking to strangle our national sovereignty, independence, and freedom. Indeed, if we neglect this latter mission, then the public’s demand for border enforcement will continue to be betrayed, as it has been for decades.

Both of these are crucially important tasks. In pursuit of the first, if this article has been found enlightening and helpful, then it is certainly worthwhile to share it with friends and acquaintances.


1. And as such, they have no standing in courts mentioned in or created under the Constitution (in Article III). That is the basic reason the president is not subject to these courts’ rulings on immigration matters. However, note that the president does have a constitutional obligation to restrict immigration at least as much as the immigration law does — since he is responsible to enforce the laws. On the plenary authority of both “political” branches (i.e., the Legislative and Executive branches) over immigration, see the CRS (Congressional Research Service) Report 44969, “Overview of the Federal Government’s Power to Exclude Aliens”; and, for a much fuller and absorbing treatment, see chapters 4–​8 of Daniel Horowitz’s insightful 2016 book Stolen Sovereignty: How to Stop Unelected Judges from Transforming America, Washington, D.C.: WND Books.
2. It seems disingenuous, therefore, to imply that asylum-claims are “tying the hands of” the Border Patrol. What are actually tying their hands are: the taking care of immigrants who arrive sick or hurt themselves clambering over a barricade (an agent must also stay with the immigrant while he/she receives medical care); and also — believe it or not — the running a courier service, to bring in immigrants who are waiting on the other side of the wall! This astonishing DHS policy forced Mr. Horowitz to ask: “[I]f we actively bring in even the illegal immigrants standing outside the fence and believe it is our duty to do so, then what would change if we had more walls?”
3. The training course is cited, on this matter, by the CRS (Congressional Research Service) “Legal Sidebar” 10150, “An Overview of U.S. Immigration Laws Regulating the Admission and Exclusion of Aliens at the Border.”
4. Andrew Arthur of CIS reported that “Credible fear is found in 75 to 90 percent of all cases reviewed by asylum officers.”
5. The quotation is via Daniel Horowitz. Ms. Vaughan suggests strongly, as a remedy for this perfidy, that Border Patrol agents, who are valid “immigration officers,” be trained therefore also as Asylum Officers — the kind of immigration officer which the law requires to conduct all credible-fear interviews — and then be allowed to handle such interviews, rather than being forced to hand over all credible-fear claimants to USCIS Asylum Officers. Brandon Judd, head of the Border Patrol union (NBPC) is strongly in favor of that as well — as is Daniel Horowitz.
6. The reasons for which the regulations and/or administration allow such a parole have traveled a long way from what the law stipulates: The law’s criterion for parole is that it must be for “urgent humanitarian reasons” or “significant public benefit.” But the federal regulations (at 8 C.F.R. §212.5(b)(5)) make the nonsensical determination that this criterion for parole is satisfied for an alien “whose continued detention is not in the public interest.” (Why would it ever not be “in the public interest,” to detain until their removal aliens who have — according to our immigration law — no legal status or permission to be here?) Then, ICE Directive 11002.1 establishes that criterion as automagically satisfied for aliens found to have a “credible fear.” However, one weighty proviso in the regulations — carried over into the Directive — is also being cynically overlooked: the parole is to be awarded only “provided the aliens present neither a security risk nor a risk of absconding.”
7. A helpful, brief summary of the various proceedings, rules, and laws pertinent to admission or exclusion of aliens is available in the CRS (Congressional Research Service) “Legal Sidebar” 10150 — although it exaggerates the power and significance of the FSA, and especially of Judge Gee’s 2015 ruling (on which, see our companion post). This author found even more useful a pictorial representation of the different legal statuses “arriving aliens” go through, related to “expedited removal proceedings”; and so, has diagrammed the various state-changes — and events causing them — in the form of a UML “state-machine” diagram, which one may download from our server. (For any shortcomings of this state-diagram, the author is of course responsible.)
8. Nor can any lengthy delay precede any “administrative review” of their credible-fear interview’s determination: On the contrary, according to the law, this review “shall be concluded as expeditiously as possible, to the maximum extent practicable within 24 hours, but in no case later than 7 days after the date of the determination.”
9. However, something was put into law, so to speak, which was a sort of “loophole”; but it was not in immigration law, but in a short-term funding bill — and not until this year. That was the horrible stipulation, as to expenditure of the funds, in sec. 224(a) of the budget bill Trump signed on February 15. Thankfully, this toxic provision expires when the funding expires — at the end of September.

Groundless “Catch and Release” of Alien Minors

One principal explanation for our ongoing “catch and release” border policy — according to the Executive Branch and most of the major media — is that:

Legal loopholes are exploited by minors, family units, and human smugglers, and are a magnet for illegal immigration.…​ These loopholes create a pull factor that invites more illegal immigration and encourages parents to pay and entrust their children to criminal organizations that will smuggle them in — often while abusing and molesting those children along the way.  — DHS Release, Unaccompanied Alien Children and Family Units Are Flooding the Border Because of Catch and Release Loopholes, Feb. 15, 2018

The two “legal loopholes” which this DHS (Department of Homeland Security) Release cites are the Flores Settlement Agreement (FSA), 1997, and the William Wilberforce Trafficking Victims Protection Reauthorization Act (TVPRA) of 2008. The Release claims that these mandate, effectively, the Executive Branch’s “catch and release” policies for “unaccompanied alien children” (UACs), and for “family units” as well.

However, a careful look at these alleged loopholes shows that blaming them for “catch and release” is a red herring. Let’s examine each of these “legal loopholes” — in chronological order of creation — and what the DHS claims about them.

The Flores Settlement Agreement (FSA)

The DHS Release wails and gnashes its teeth about the 1997 Flores Settlement Agreement — and, how it has spawned “multiple onerous court decisions that handicap the government’s ability to detain and promptly remove UACs.” More specifically, it alleges that the FSA handicaps such ability in two ways:

  1. “Under the Flores Agreement, DHS can only detain UACs for 20 days before releasing them to the Department of Health and Human Services which places the minors in foster or shelter situations until they locate a sponsor.”

But the limit of “20 days” appears nowhere in the Flores Agreement; it says only that the government must release a minor “without unnecessary delay.” In fact, it was Judge Dolly Gee, of the Central California Federal District Court, who in her ruling of July 24, 2015 read into that phrase, arbitrarily, the “20 days” meaning.

Moreover, the FSA applies the “without unnecessary delay” stricture to the minor’s release, only when “the INS determines that the detention of the minor is not required either to secure his or her timely appearance before the INS or the immigration court, or to ensure the minor’s safety or that of others.” [Emphasis ours.] So, if DHS could realistically say that, as a general rule, these minors were not going to show up for their removal hearings, then detention would seem absolutely “necessary [in order] to secure his or her timely appearance before the INS or the immigration court”; and thus, the FSA would not be mandating their release from detention.

But the DHS can realistically say that these minors are not generally going to appear — and indeed, they and other experts have often so implied. In fact, in this very Release the DHS complains that “UACs frequently abscond and fail to appear for their removal hearings before an immigration judge — with 66% of all removal orders for UACs from FY15 to FY17 resulting from a UAC’s failure to appear for a hearing”! How, then, can they turn right around and claim that under the FSA, “DHS can only detain UACs for 20 days before releasing them”?

  1. The second way DHS claims that FSA — or at least, “recent rulings in the Flores consent decree litigation” — have handicapped the government is that it requires the government to release (without unnecessary delay) not just minors, but also any “family units” that happen to contain a minor.  According to the Release:

The 100,000+ UACs who were released [from FY16 to date] are in addition to the more than 167,000 family units (i.e. alien children who are accompanied by an adult claiming to be a relative or guardian) that were apprehended by U.S. Customs and Border Protection from FY16 to date.

    • Nearly all of these Family Units are released into the interior of the United States because of judicially-imposed constraints on ICE’s authority to detain the entire family units as a result of recent rulings in the Flores consent decree litigation. [Italics ours; bold in original.]

This claim that parents of minors must, in general, be released with their minor children is so duplicitous, it’s astonishing. Here again, the FSA said no such thing: this is another invention of Judge Dolly Gee’s 2015 ruling. But don’t take our word for it: on this we can cite the cogently-argued ruling of the Ninth Circuit Court of Appeals (to which the government appealed Judge Gee’s ruling) in this very same case (Flores v. Lynch).

A year after Judge Gee’s District Court ruling, the Ninth Circuit Appeals Court overturned that ruling’s part which said the FSA gives minors’ parents a right to be released. Judge Andrew Hurwitz, writing the opinion for the Ninth Circuit Court, made it unequivocal that: “The district court erred in interpreting the Settlement to provide release rights to adults. The Settlement does not explicitly provide any rights to adults.…​

The fact that the Settlement grants class members [of this lawsuit] a right to preferential release to a parent over others does not mean that the government must also make a parent available; it simply means that, if available, a parent is the first choice. — U.S. Court of Appeals for the Ninth Circuit Opinion on the ‘Appeal from the United States District Court for the Central District of California,’ July 6, 2016, pg. 19

Thus, according to the Ninth Circuit Court ruling in this case, the Flores Agreement has no requirement whatsoever that family units containing minors be released.[1]

The 2008 “Trafficking Victims Protection Reauthorization Act” (TVPRA; a.k.a. “The Wilberforce Act”)

The other “legal loophole” which the DHS Release cites is the 2008 TVPRA, or “Wilberforce Act.” The DHS Release suggests three distinct ways in which the TVPRA presents “catch and release loopholes.”

The Release’s arguments for changing these provisions of the TVPRA are all reasonable. But none of them is at all convincing as to why “catch and release” is continuing. For none of the three TVPRA provisions is at all capable of causing“catch and release.”[2]

Thus, none of the “catch and release loopholes” which the DHS Release attributes to TVPRA seem genuine. On the other hand, the implementation of TVPRA has been disastrously mishandled — in ways that are tantamount to “catch and release” and do contribute greatly — and obviously — to this “magnet” that is causing recent border surges. It is worth taking a minute to see that these are not problems with our immigration law, but with how — and to what extent — the Executive Branch is enforcing it.

The serious problems in the way the government is implementing TVPRA are twofold:

  1. they are ignoring TVPRA’s broad inapplicability to an immigration-inflow with few genuine UACs in it (“unaccompanied alien minors”).[3] And,
  2. they’re likewise ignoring the illegal immigrant-status of the vast majority of sponsors (including parents or legal guardians) the minors are being placed with.[4]

Yet, again, this is all a matter of horrendous misapplication — rather than of bad law. Thus, as far as the TVPRA itself is concerned, it is hard to improve on CIS researcher Jessica Vaughan’s summary of its (non-)impact on the Executive Branch’s authority:

     To be sure, the Wilberforce Act [i.e., TVPRA] could stand some tweaking. It complicates the processing of apprehended illegal-alien children from countries other than Mexico in ways that are easy for the immigration-advocacy industry to exploit, and it has proven to be very costly to administer.

     But this law is not the main problem. Even if this Congress could agree on a fix, the effort would only distract from the larger issue of inadequate enforcement generally. It can be reasonably argued that most of the new illegal arrivals — including many of the children — are not even covered by the Wilberforce Act, since they were not victims of trafficking and are no longer unaccompanied after being reunited with their families…. Lawmakers should recognize that once again it is the president’s interpretation of the law that is the problem, not the law itself. — Jessica Vaughan Don’t Blame the Border Crisis on a “Bush-Era” Law


This and other DHS statements about the border crisis have claimed that both “legal loopholes” and “asylum loopholes” (as we discuss in a companion article) are “tying the hands” of the Executive Branch, such that:

we are stuck with a system that sanctions catch and release. Due to legal loopholes and court backlogs, even apprehended illegal aliens are released and become part of the temporary, illegal population of people that we cannot remove. — DHS Release, Ibid., Feb. 15, 2008 [Emphasis ours.]

But it turns out this is just histrionics and hot air. The American people need to be aware of the falsehood of these claims. For they need to know where, precisely, and why our immigration system is breaking down.

And — even more importantly — they need to understand (as we discuss further in a companion article) that powerful, nefarious conspirators are trying to deceive us about it, hoping to leverage our misunderstanding so as to remove our control of our borders — on the way to destroying our limited-government system and our national sovereignty.


1. For another thing, even this imaginative construction in the 2015 ruling was crucially qualified — in a way the DHS Release neglects to mention: According to Judge Hurwitz (on pg. 4), the District Court ruling by Judge Gee “ordered the government to:
(1) make ‘prompt and continuous efforts toward family reunification,’
(2) release class members [of this lawsuit] without unnecessary delay,
(3) detain class members in appropriate facilities,
(4) release an accompanying parent when releasing a child unless the parent is subject to mandatory detention or poses a safety risk or a significant flight risk,
(5) monitor compliance with detention conditions, and
(6) provide class counsel with monthly statistical information” (emphasis ours).

Yet, arriving adult aliens are always subject to “Expedited Removal Proceedings” (unless and until determined to have a “credible fear of persecution”) — which do entail mandatory detention!

2. The three TVPRA provisions the Release cites are:
(1) “Under TVPRA, UACs [‘unaccompanied minors’] who are not from Mexico and Canada are exempt from prompt return to their home country [because, instead of being returned almost immediately, they must be put into “formal removal proceedings,” and transferred to the custody of the Dept. of Health and Human Services (HHS)]. We must amend the TVPRA so that all UACs who are not victims of human trafficking, regardless of country of origin, can be safely and promptly returned to their home countries.”
The problem here is that “not returned immediately” does not logically imply, “caught and released.”
(2) “We must amend TVPRA to limit the period to file asylum claims for UACs to one year consistent with all other applicants for asylum and ensure that these asylum cases are heard only in immigration court (no second bite at the apple).”
(3) “We must end abuse of the Special Immigrant Juvenile (SIJ) visa to ensure the applicant proves reunification with both parents is not viable due to abuse, neglect, or abandonment and that the applicant is a victim of trafficking. This is necessary as many UACs are able to obtain a Green Card through SIJ status even though they were smuggled here to reunify with one parent present in the United States.”
This is a reasonable suggestion. But to allege this visa-law’s causal connection with “catch and release” overlooks that going through the process of applying for, and (eventually) receiving, a residence visa is not a sort of thing which people refer to as “catch and release.”
3. The legal sense of “UAC” (Unaccompanied Child) entails that “there is no parent or legal guardian in the United States; or no parent or legal guardian in the United States is available to provide care and physical custody” (emphasis ours).
Given this legal sense of the term, the TVPRA appears to be inapplicable to a vast majority of the children coming in the current border surge. As Daniel Horowitz writes (for Conservative Review), “a vast majority are placed with parents or other relatives who are already in this country illegally.” Andrew Arthur of the Center for Immigration Studies (CIS) corroborated that in 2018: “In FY 2014, according to the Congressional Research Service (CRS), most of the UACs who were released were placed with parents or legal guardians.” And CIS’s Jon Feere, in 2014, commented: “According to advocates and media reports, around 90 percent of non-Mexican and non-Canadian children coming across the border are placed with family or guardians in the United States.”
4. Joseph Kolb is one of few authors to have brought this second issue to light (emphasis in bold here ours):
“The TVPRA calls for the HHS secretary to have the [unaccompanied] children promptly placed in the least restrictive setting that is in their best physical and emotional interest. This is the loophole HHS uses to place children with designated sponsors [who are] illegally in the United States. The law only refers to checking the sponsors’ immigration status, not [to] acting upon it. The perception by ORR [Office of Refugee Resettlement, within HHS] is that regardless of immigration status, placing the children with a parent is the preferred solution. The AP report found that more than 50 percent of the children were placed with parents.”

Immigration Betrayal!

To solve the immigration problem, we must first understand why it exists. And that requires digging deeper than just blaming desperate foreigners for crossing our borders illegally in search of a better life. Indeed, the real reason why both illegal and legal immigration are out of control is because it serves an influential cabal targeting our freedom. And only Congress, under pressure from an informed electorate, can stop the betrayal.

The Intended Damage

Massive immigration that does not assimilate subverts our culture — the culture that supports freedom. This is not racism or xenophobia. It was the attitude of America’s founders.

In his report on immigration to the First Congress, James Madison urged that America “welcome every person of good fame [who] really means to incorporate himself into our society, but repel all who will not be a real addition to the wealth and strength of the United States.”

Alexander Hamilton argued that our goal should be “to render the people of this country as homogeneous as possible” as that “must tend as much as any other circumstance to the permanency of their union and prosperity.”

Immigrants who do not assimilate create conflict in society (useful to would-be totalitarians), or in Hamilton’s words: “In the composition of society, the harmony of ingredients is all-important, and whatever tends to a discordant intermixture must have an injurious tendency.”

With today’s massive government welfare extended to illegal immigrants, the economic strain undermines the middle class, another bulwark of freedom. The welfare magnet should not be underestimated. In the early part of the previous century, the absence of a welfare state made assimilation a necessity. Indeed, many immigrants returned to their native lands when they couldn’t make it here in the work force.

Then, of course, the criminal element, terrorists, and drugs coming across our porous southern border help to destabilize society. In particular, smuggled heroin fuels the opioid epidemic, which serves the goals of those seeking authoritarian government and a submissive population.

Organized Subversion

The Insiders of an organized Conspiracy have supported specific programs that have led to America’s immigration crisis. For example, politicians carrying out the Insiders’ agenda have encouraged illegal immigration by extending government welfare to illegals and promoting amnesty. They have also undermined border enforcement by refusing to adequately fund the border patrol or even repair fences.

These Insiders have supported socialism and conflict around the world, also encouraging illegal immigration. And wars and pogroms by totalitarian regimes, whose birth can be credited to the Insiders, create pressure on America (and European nations) to accept refugees.   In addition to the sheer numbers of immigrants, several Establishment-promoted programs (see below) serve to discourage assimilation.

The “Open Borders” Movement

For decades, Robert L. Bartley, a member of the Council on Foreign Relations (CFR), used his position as editorial page editor of the Wall Street Journal to influence conservative readers, arguing that the nation-state was finished and that America should have open borders.

Insiders have promoted hemispheric integration via NAFTA and the Free Trade Area of the Americas. In May 2005, just a few years after the 9-11 attacks, the CFR’s “Independent Task Force on the Future of North America” issued its report, “Building a North American Community.” The report proposed a North American Security Perimeter as a substitute for enforcing national borders.

The radical immigrants’ rights organizations also subvert border enforcement, in particular by challenging deportations in court. But these organizations didn’t just spring up by themselves, they had Establishment funding, most notably from the Ford Foundation.

The Ford Foundation

It is inexcusable today for any competent reporter to allow “advocacy groups” to posture as genuine grassroots defenders of Latino interests. By the mid-1990s resistance groups compiled several studies exposing the fraud.   In 1994, for example, the American Immigration Control Foundation published Importing Revolution: Open Borders and the Radical Agenda by William R. Hawkins, providing much of the background and history of MALDEF (the Mexican American Legal Defense and Education Fund).

By examining the flow of funds, one quickly discovers that the Ford Foundation virtually created the radical Chicano movement, which seeks open borders, uncontrolled immigration from Mexico, and the de facto reconquest by Mexico of the Southwest portion of the United States (termed Atzlan by the radicals). (Note: Ford Foundation subversion was uncovered by the Reece Committee, going way back to the 1950s, but that story has long been forgotten.)

In 1995, syndicated columnist Georgie Ann Geyer wrote Americans No More: The Death of Citizenship.   Her book should have been a wake-up call, as it included admissions against interest by someone with both radical liberal and Establishment credentials.   Georgie Ann Geyer was (and still is) a member of the Council on Foreign Relations and an open disciple of the late Marxist and radical organizer Saul Alinsky. Let’s see what Geyer had to say.

Geyer’s book described how radicals were following the strategy of infiltration advocated by Italian Communist Antonio Gramsci to render impotent every tenet of our culture. Geyer claims that, in pursuit of this strategy, Marxists have infected “American universities, unions, churches, bureaucracies, and corporations…. Three whole generations, often its best students and thinkers and even labor leaders, were formed with a Marxist component to their thoughts and actions, often without even knowing it.”

Americans No More didn’t just focus on the visible activists.   Geyer documented how Insider tax-exempt foundations had helped to create ethnic grievance groups. She even provided personal testimony. In the early 1980s, Geyer met with “two representatives of one of the major and supposedly representative ‘Hispanic’ groups, the National Council of La Raza.” When Geyer asked, “How many members do you have?,” one of the representatives admitted, “Well, we don’t have members.”

An incredulous Geyer demanded to know how an organization without members could fund and support its activities. The representatives replied, almost in unison, “The Ford Foundation!” As Geyer tells the story: “The two smiled as though they did not have a care in the world, and, indeed, financially, they did not. To promote and push through their programs and policies, they needed no elections, no campaign strategies, and none of that bothersome business of fund-raising or member-seeking. At the same time, of course, they basically suffered accountability neither to disparate sources of funding nor to the fickle interests of individuals.” With such support, La Raza could boast 150 organizations in 36 states!

Legal aid organizations, immigrants’ rights groups, and radical churches have widely distributed “The Bill of Rights for the Undocumented Worker.” Article VII demands: “Every immigrant worker shall be guaranteed the same rights enjoyed by U.S. citizens, especially the right of access to free and adequate social and health services, child-care and other similar social benefits.” And Article VIII states: “Every immigrant worker shall have the right to quality public education in his or her native language….”

Note: When Trilateralist Jimmy Carter became president in 1977, he chose “immigrants’ rights” activist Leonel J. Castillo to head the Immigration and Naturalization Service (INS). Castillo adopted the euphemism “undocumented workers” as the official INS term for illegal immigrants.

Establishment Foundations and the federal government have also aggressively promoted “multiculturalism” as the new American ethic.  Students in schools everywhere are being hammered with the idea that all cultures, even the most primitive, are equally enriching for our nation and must be given equal treatment.

National Suicide

Three decades ago (1988), The New American magazine tried to sound the alarm:

“Invasion. That’s what we are witnessing: an ongoing invasion that has been escalating for over a decade. Each day, at hundreds of points along our southern border, thousands of people from countries all over the world are entering the United States illegally…. [Even with meager resources], for six years running the Border Patrol has apprehended well over one million illegal aliens per year…. A visible effect of our uncontrolled immigration is what is increasingly referred to as the ‘Third World colonization’ of the United States. Large sections of major U.S. cities now resemble Mexico City, San Salvador, Bombay, and Calcutta — with tens of thousands of people living in cardboard and tin shanties, or sleeping in the streets.”

By 1996, the Sacramento Bee reported: “Nearly one in four students in California’s public schools — more than 1.25 million kids — understands little or no English.”

Changing our Immigration Law

Legislation promoted by liberal politicians implementing the Insiders’ agenda inspired much of the invasion. Senators Robert F. and Edward Kennedy supported the Immigration Reform Act of 1965. The new priorities in our immigration law would emphasize “our obligation” to the rest of the world.

But the subversion didn’t stop there. When President Carter couldn’t get Congress to provide amnesty for illegal immigrants, he created a commission headed by Reverend Theodore Hesburgh (CFR and fellow Trilateralist) to study the problem and make recommendations. The recommendations were incorporated into the 1986 Immigration Reform and Control Act (IRCA).

IRCA was sold to the public as a “solution” to our immigration problem, but it had the opposite effect. Granting amnesty to millions of illegal aliens simply emboldened millions more to violate our borders in hopes of similar amnesties. And those who became citizens took advantage of the liberalization of the law re chain migration.

Steps to a Solution

The initial step must be to create recognition among a wider audience of why immigration is out of control and why Washington currently will frustrate any real solution. That requires exposing conspiratorial influence, objectives, and actions, along with highlighting the refusal of politicians and the controlled media to expose the domestic subversion. An expensive Southern wall provides no defense against the subversion from within.

At the same time, that understanding must be turned into effective action. What is needed is informed and organized public pressure on Congress — pressure to stop the betrayal and protect our heritage. In the face of conspiratorial inroads and influence today, these steps require the right organization and leadership — may we dare say, a much larger Freedom First Society?

Multiculturalism Exposed

In 2015, following deadly terrorist attacks in Paris, congressmen floated several proposals to pause and even limit refugee immigration from Syria. More than half of the state governors said they would not accept Syrian refugees.

However, President Obama, supported by fellow liberals, objected that such action “is offensive and contrary to American values.” In doing so, he was defending the politically correct agenda of multiculturalism.

Gauging by the liberal reaction, it was no surprise that when President Trump took office in January 2017 and ordered a temporary halt on immigration from certain Middle East countries, organizations such as the ACLU would oppose any such restrictions in successful court challenges.

However, the claim that an American founding principle demands an open door policy toward mass immigration from diverse cultures is a recently contrived myth. In fact, it’s a subversive rewriting of history.

Reacting to the Obama claim, conservative columnist Michelle Malkin provided an excellent summary of the opinions of America’s Founding Fathers regarding immigration.   As she showed, they were opposed to importing cultural diversity and would have abhorred the goal of “multiculturalism.”

Our Founding Fathers wanted immigration to support a distinctly American culture, a culture that could be counted on to support the principles of freedom as derived from the lessons of Western history.

Indeed, as Malkin wrote: “Madison argued plainly that America should welcome the immigrant who could assimilate, but exclude the immigrant who could not readily ‘incorporate himself into our society.’”

And she recounted an even more explicit statement by George Washington: “George Washington, in a letter to John Adams, similarly emphasized that immigrants should be absorbed into American life so that ‘by an intermixture with our people, they, or their descendants, get assimilated to our customs, measures, laws: in a word soon become one people.’”

At the birth of the American experiment in freedom, our Founding Fathers knew from their study of history that cultural diversity in a nation is not a strength but a burden and often a source of major conflict.

We highly recommend reading Malkin’s entire article: “Immigration and Our Founding Fathers’ Values.” But then go a critical step further.

The Critical Lesson

Malkin offers only ideological arguments to oppose the multiculturalism assault in an ostensible battle with “No-limits liberals.”   But this “safe ideological approach,” the norm with most popular conservative writers, conceals an immense driving danger, thus failing to sound the clear trumpet called for in 1 Corinthians 14:8.

Indeed, further research shows that Internationalist Insiders and their foundations are the drivers of both “the open borders movement” and “multiculturalism.” Their clear objective with these programs is to gain unaccountable power. And the pathway to their ultimate success requires the destruction of the culture necessary to support republican (rule of law) government and the associated undermining of America’s ability to resist totalitarian world government.

We summarize the “open borders” part of that story in Chapter 7 “Immigration Reform” of our Media-Controlled Delusion booklet. As visitors will see, even the front-line drivers are not limited to liberals.

For example, the above Chapter 7 recounts the support given by the Wall Street Journal. The late Robert L. Bartley served as its editorial page editor for 30 years. While adopting the image of a conservative free-market Republican, in 1979 Bartley was invited to join the Establishment’s Council on Foreign Relations. In a 2001 editorial, entitled “Open NAFTA Borders? Why Not?” Bartley wrote:

Reformist Mexican President Vicente Fox raises eyebrows with his suggestion that over a decade or two NAFTA should evolve into something like the European Union, with open borders for not only goods and investment but also people. He can rest assured that there is one voice north of the Rio Grande that supports his vision. To wit, this newspaper….

Indeed, during the immigration debate of 1984 we suggested an ultimate goal to guide passing policies — a constitutional amendment: “There shall be open borders.

Origins of Multiculturalism

The public advocates of revolutionary change often wear the liberal cloak and offer ideological arguments to support their agenda. However, if we “follow the money” we can recognize the real drivers and their goals.

Historian Oswald Spengler in his classic Decline of the West astutely concluded:

There is no proletarian, not even a Communist, movement, that has not operated in the interest of money, in the directions indicated by money, and for the time permitted by money — and that, without the idealist amongst its leaders having the slightest suspicion of the fact.

In a 1992 article, Father James Thornton observed: “Though wild-eyed it definitely is, multiculturalism has Establishment support through the lavishly financed programs of the National Endowment for the Arts, the Rockefeller Foundation, the Ford Foundation, and other tax-supported and tax-exempt organizations.”

And multiculturalism also follows the strategy advocated by Italian Communist theorist Antonio Gramsci for achieving “cultural hegemony” over a nation. The first phase in his strategy is to undermine all elements of traditional culture.

Gramsci’s thinking, perpetuated by his disciples, has had significant impact on revolutionary organizations in America today, as well as on their big-money sponsors. Rudi Dutschke, one of Gramsci’s disciples, described the strategy of culture war as conducting “the long march through the institutions.”

In short, our point is that one cannot oppose revolutionary programs effectively by getting caught up in merely debating their public proposals. Ignoring the driving conspiratorial agenda is simply a no-win strategy, a widespread practice that neutralizes conservatives. Instead, we need to help others recognize the pervasive cultural attack, how it’s organized, and its real totalitarian purpose.

Just One Example

A 2004 Department of Education publication, “ACHIEVING DIVERSITY: RACE-NEUTRAL ALTERNATIVES IN AMERICAN EDUCATION,” includes these introductory remarks:

The diversity question in America now is not “Whether?” but “How?” The Supreme Court’s decisions in the Michigan affirmative action litigation affirm that our shared commitment to diversity is both compelling and just when pursued within lawful parameters. In light of these decisions, President George W. Bush has challenged the education community to develop innovative ways to achieve diversity in our schools without falling back upon illegal quotas. Most educational leaders, particularly at the postsecondary level, agree with the importance of this goal. [Emphasis added.]

Of course, they do. The reason why America became saddled with an unconstitutional Department of Education was to mold public education to achieve revolutionary goals, using federal money as a carrot and stick.

Among the report’s introductory remarks, we see the George W. Bush administration’s stamp of approval:

President George W. Bush has said that diversity is one of America’s greatest strengths and has encouraged the development of race-neutral alternatives to achieve diversity in educational institutions.

Using the federal hammer to promote commonsense racial opportunity no longer masks fed-gov’s primary diversity objective. Indeed, multiculturalist pressure disparages assimilation into America’s defining culture, while glorifying other cultures, including homosexuality — you name it.

But if Americans are asked to oppose such programs as merely misguided, who will prepare himself for the battle? Indeed, it is necessary to understand the big picture before there will be sufficient alarm to organize the needed resistance.

The Betrayal Known as ‘Immigration Reform’

“If the president chooses to embrace an overhaul that lets [illegal] immigrants live and work in the country, it would represent a remarkable betrayal of many of his core supporters that comes just days after he ordered a crackdown aimed at deporting all undocumented [i.e. illegal] immigrants….

“It is unclear why Mr. Trump chose to suddenly contemplate changing direction. Nor is it clear whether the shift will be a lasting one that results in real efforts to build a coalition in Congress behind a comprehensive immigration overhaul that provides what conservatives have long derided as amnesty.”
“Trump Seesaws on Legal Status for Undocumented Immigrants,”—  New York Times, March 1, 2017

The American people have long wanted our federal immigration laws enforced. But somehow that seems too difficult for our government to handle.

Is that because enforcing immigration law is really difficult? Is it like rocket science? Have we still not figured out how to do it?

No, that is not the problem. We know very well how to do it. For example, over 20 years ago the official, bipartisan U.S. Commission on Immigration Reform (widely referred to as the “Jordan Commission”, after its chairwoman, the former Rep. Barbara Jordan) produced some very sound recommendations on how to control illegal immigration. Since then, technology to implement suggestions such as workplace verification of employability has only improved.

The fact that we’ve not really been following these suggestions or enforcing our immigration law shows therefore a lack of political will. Or, to be more accurate, an overabundance of political betrayal.

Semantic Confusion — a Crucial Weapon

A crucial weapon in this betrayal has been the phrase “immigration reform.” It is a time-honored tactic of revolutionaries — including those in Congress and in the media — to manipulate language so as to confuse relevant and important distinctions. For example, “undocumented worker” confuses the surface issue of not having certain valid papers, with the more basic and important issue of being in the country illegally.

The term “immigration reform” has been used, quite cleverly, to confuse very different problems: illegal immigration, and excessive legal immigration. The latter has increasingly been a problem ever since the 1965 amendments to our immigration law.

Most notably, the “chain migration” problem got a foothold through those amendments; and it has grown worse through later changes to the law. It is that problem, in fact, to which President Trump was referring, in his Feb. 28 speech to Congress, when he said that our immigration system needs to become (or more correctly, to get back to being) a “merit-based” system, that screens potential immigrants for merit.

Now, what both sides in the debate mean basically by “immigration reform” is a change to the law regarding who is allowed to reside here: The conservatives want to strengthen this law, in such problem areas as chain migration and visa lotteries; in contrast, the radical left want to see it emasculated, by adding an “amnesty” for illegals currently here.

This being the case, it is only this problem of excessive legal immigration that can, with logic and reason, be a target of “immigration reform.” Whereas the problem of illegal immigration is, and always has been, not a question of better law, but rather, essentially the need to enforce the law.

OK, but why would it be a clever move for the open borders revolutionaries to confuse these two issues together, under the one term “immigration reform”? That is because they want to convince us of what they have been chanting for years and years, that “immigration reform” cannot be truly “comprehensive”, cannot really fix “our immigration problem” (notice the singular), unless it “deals also” with the large number of illegal immigrants we have — by which, of course, they mean what conservatives call an “amnesty.”

Of course, that makes no intelligible sense: The way you deal with a problem of people breaking the law with impunity, is to do away with the impunity! To blame the law for the fact that it is not being enforced, is exactly parallel to, and as illogical as, blaming the Constitution for the fact that Congress is too morally challenged to observe it.

The pertinent question is therefore, “Do you really WANT immigration law, or not?” For to move to put something in the law that fundamentally neuters the law, such as an “amnesty,” is to imply you don’t really want the law. And that is not “reform”; on the contrary, it is demolition.

Buying Into the Deception

OK, but is this catastrophic confusion of enforcement-issue and law-issue something relevant to today’s news? Unfortunately, very much so.

Donald Trump campaigned on the need for immigration-law enforcement, and not the need for immigration-law change. Yet in his first speech to Congress (Feb. 28) — and even more so in comments he made earlier in the day — he changed tracks, indeed he changed trains completely.

Worse yet, the law-change train he jumped onto is that misdirected old train known as “immigration reform” — with all its baggage of betrayal. Earlier in the day, he spelled out more clearly what he had in mind:

Like his predecessors on the day of a State of the Union address, Mr. Trump hosted the journalists for what was supposed to be an unrecorded lunch to give them a sense of what he would tell Congress. But the conversation took a surprising turn when some of the anchors asked about his efforts to deport many of the estimated 11 million immigrants in the country illegally. Without being prompted, Mr. Trump then raised the idea of legislation, noting that there had not been any comprehensive law passed by Congress on the subject since Ronald Reagan’s amnesty program in the 1980s.

He told the anchors it was time for a bill that would grant legal status to many of those in the country illegally as long as both sides compromised, similar to the legislation sought but never passed by George W. Bush and Barack Obama. Mr. Trump said he recognized that it would cause him political problems with his conservative base voters, according to people in the room, but added that he thought he could keep them happy since they had stuck with him throughout last year’s Republican primaries.— “Ever a Showman, Donald Trump Keeps Washington Guessing,” New York Times, February 28, 2017

It is an interesting question, for Trump supporters, why he changed trains — and whether he can indeed “keep them happy” despite that shift. In the meantime, the urgent challenge is to keep him from dragging our nation onto that train in his wake.

Terrorists Welcome!

It is doubtful whether any of us has ever seen such an audacious judicial usurpation, or one with such serious ramifications, as the decision of federal courts to interrupt President Trump’s temporary travel ban.

Settled case law for 200 years, not to mention the Constitution, says that the Congress and executive branch can regulate immigration in any way and to any extent they please; it is therefore NOT a sort of law upon which judges can bring “judicial review”!

In an article for Conservative Review, Daniel Horowitz, author of Stolen Sovereignty, provides overwhelming arguments as to why this is so.

The full case for why courts have no jurisdiction over Trump’s immigration order

If there remains ANY doubt on the settled nature of this legal point, this list of 16 quotations Daniel Horowitz has just culled from his research should settle the issue. In particular, we draw attention to quotes 10 and 11:

“The power of Congress to exclude aliens altogether from the United States, or to prescribe the terms and conditions upon which they may come to this country, and to have its declared policy in that regard enforced exclusively through executive officers, without judicial intervention, is settled by our previous adjudications.” [Lem Moon Sing v. United States, 158 U. S. 547 (1895)]

“[T]he decision to admit or to exclude an alien may be lawfully placed with the [p]resident, who may in turn delegate the carrying out of this function to a responsible executive officer … The action of the executive officer under such authority is final and conclusive. Whatever the rule may be concerning deportation of persons who have gained entry into the United States, it is not within the province of any court, unless expressly authorized by law, to review the determination of the political branch of the Government to exclude a given alien.” [Knauff v. Shaughnessy, 338 U.S. 543 (1950)]

It will be a disaster if the Trump administration and the “conservative” media accept this perversion of judicial authority. Consider, for example, this less than encouraging response by Vice President Mike Pence to a question as to whether the judge also had the authority to stay the order:

“He certainly does, and that’s why the administration is complying with that order as we speak. And we’ll go through the process in the courts to get a stay of that order, so that, again, we can implement this action that is entirely focused on the safety and security of the American people.” — “Pence Defends Trump ‘Speaking His Mind’ About Federal Judge, Promises ‘All Legal Means’ to Challenge Ruling,” — abcnews (2-14-17)

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Congress Caves on Amnesty

On February 27, the Senate passed a “clean” version of H.R. 240, the FY 2015 appropriations bill for the Department of Homeland Security. The original House version included a provision denying any funding to implement President Obama’s executive orders regarding “temporary” “amnesty” for illegal immigrants.   On March 3, the GOP-led House also caved in and approved the Senate version.  The President signed the measure the following day.

Please see our analyses of both the House and Senate votes:

House GOP analysis

Senate GOP analysis


House Votes to Prevent Executive Overreach

On December 4, 2014, the lame duck House of Representatives passed H.R. 5759, Preventing Executive Overreach on Immigration Act of 2014.

The House measure was a response to President Obama’s November 20th televised address in which he announced that he would act unilaterally to “fix” America’s “broken immigration system” — because Congress hadn’t done so.

Of course, this GOP attempt to nullify the president’s outrageous usurpation of the legislative function was destined to go nowhere, and everybody knew it. But, as with so many roll calls, the primary purpose was to allow GOP House members to go on record as objecting to the president’s action.

Accordingly, we did not score the House GOP for their easy posturing “yea” votes, but we give credit to the three Democrats who broke with their party’s leadership and stood for the Constitution.

However, America’s immigration problem is serious, and the partisan posturing over the president’s executive orders obscures a much more important reality — the Establishment’s decades-old support for the open borders movement.

Please see our analysis of House Roll Call 550.

More Media “Failure”

Arizona immigration law sparks huge rallies” (CBC News (Canada), May 1, 2010)

FFS:  The above Canadian CBC News report goes even further than the story in advancing the strategy of subversive revolutionaries. CBC News allows the demonstrations of “hundreds of thousands of people” “in more than 70 cities” to appear as a spontaneous reaction of diverse Americans to the Arizona law. The planning, hidden objectives, and agenda of the organizations orchestrating the protests are ignored.With this report, CBS News provides a perfect example of Revolutionary Parliamentarianism at work, in which grassroots protestors create the appearance of mass demand for revolutionary government action (in this case President Obama’s promise for comprehensive “reform” of the country’s immigration system.)

Even more shallow is the report’s characterization of the Communist/Socialist May 1st holiday as a “traditional Labour Day in many countries around the world, where rallies are held for a variety of social-justice causes.”