Tuesday, December 28, 2010

Leftists Suddenly Discover Federalism

Leftists claimed after the passage of Arizona's 1070 law that authorities inferior to the United States could not act in contradiction to U.S. immigration policy. However, as usual, the left contradict themselves. Yet once again, an authority inferior to the United States has decided that it will maintain its own policy supporting illegal immigration. This time it is the federally created government of the District of Columbia, to wit the DC Court of Appeals, which has decided that an illegal alien unlawfully employed can receive workers compensation benefits.

An illegal immigrant injured while working can receive workers' compensation, the District's highest court has ruled.

Palemon Gonzales was working at a D.C. bar as a busboy on June 30, 2005, when a customer threw a bottle that hit Gonzales in the right eye, blinding him. Gonzales, an illegal immigrant, had to have his dislocated lens reattached through surgery, and he wasn't able to return to work -- at a different bar -- until Jan. 25, 2006. By then, Gonzales was already in the process of trying to collect workers' compensation benefits. Asylum Company, which owned the bar where Gonzales was injured, fought the claim, in part, on the grounds that it contends an illegal immigrant can't receive workers' compensation.

The D.C. Court of Appeals, however, says one can and Gonzales may now receive about $11,000.

One of the bar's owners, David Karim, is now a partner in the D.C. nightclub Josephine. He testified during Gonzales' workers' compensation hearing that the company wasn't aware until after the injury that Gonzales was an illegal immigrant, court documents said. The company thought Gonzales was Armando Casarrubias, Gonzales' cousin, whose name was on the immigration green card that Gonzales presented when he applied for a job at the bar.

It wasn't until July 17, 2005, a few weeks after Gonzales was hit by the bottle, that Karim said Asylum learned Gonzales' real identity, documents said. Up until that day, the hospital had been sending bills for Gonzales' surgery to Asylum. But the bills were in Gonzales' name and not in Casarrubias'. On July 17, 2005, however, Asylum pieced the puzzle together when Gonzales returned to the bar and asked to restart his job despite not being cleared to do so by his doctor. The bar management turned Gonzales away anyway because, Karim testified, they now knew Gonzales was an illegal immigrant.

The workers' compensation board awarded Gonzales benefits and the appeals court ruled that is legal under the District's workers compensation laws because, in part, doing so is "consistent with the principle that the [workers' compensation] Act is to be construed liberally to achieve its humanitarian purpose."

And the money quote:

Moreover, federal laws designed to deter illegal immigrants from coming to the U.S. do not usurp the local law, the appeals court said.

It was not too long ago that the left was arguing that inferior authorities could not even pass a law that contradicted policy, much less a federal law. But now they are saying that federal law is inferior to local law. Basically the DC Court of Appeals is saying that DC, and, by extension any State or municipality, can make their own immigration laws.

Alienated American

Jare not courts in any reasonable definition of courts, as the EOIR is part of the Executive Branch of the Government of the United States. It is a minor but immensely important part of thuan Osuna, notorious immigration bar hack and faceless bureaucrat, has been named by the equally notorious Eric Holder, hater of white people, to be the acting Director of the Executive Office for Immigration Review (EOIR), commonly and mistakenly called the immigration courts. Of course, they e highly politicized Department of Justice, run by an open racist and America hater. [Sorry, no quotations, Main Justice prevents copying from the site. ed.]

Besides being an apparently unassimilated immigrant or the descendant of unassimilated immigrants given his foreign Christian name, he is also part of the bipartisan push for the election of another people of the United States. In 2008 he was appointed Chairman of the EOIR by former Attorney General Michael Mukasey, a Bush Regime hack.

WASHINGTON – Attorney General Michael B. Mukasey announced today the appointment of Juan P. Osuna to be the Chairman of the Board of Immigration Appeals.

Osuna was appointed as a Board Member in August 2000, most recently serving as both Acting Chairman and Acting Vice Chairman. Osuna received a bachelor of arts degree in 1985 from George Washington University, a juris doctorate in 1988 from the Washington College of Law at American University and a master of arts degree in law and international affairs in 1989 from American University’s School of International Service. Prior to his appointment to the Board, Osuna served in various senior editorial and management positions at West Group (now Thomson West), a leading legal publisher, where he was responsible for a number of publications on immigration and nationality law. In addition, Osuna is a member of the Pennsylvania Bar.

The Board of Immigration Appeals is part of the Executive Office for Immigration Review located in Falls Church, Va., and is responsible for hearing appeals of decisions rendered by immigration judges or certain Department of Homeland Security officers. It is the highest administrative body for interpreting and applying Federal immigration laws.

Quite an accomplishment, getting appointed by Janet Reno, the Waco Killer, and Mukasey. Clearly amnesty is a bipartisan objective.

He also has led the fight against Arizona's 1070 with the ridiculous claim that arresting illegal aliens might cause discord in international affairs. As if Arizona state police officers arresting a Mexican is some how different from a Border Patrol Agent arresting a Mexican, of which the USBP arrests millions every year.

The Justice Department's decision in July 2010 to sue the state of Arizona and Gov. Jan Brewer (R) over a controversial new immigration law has brought immigration policy to the forefront of national politics.

Interestingly enough he admits that State and local law enforcement have the authority to make arrests, but just can't make too many arrests

Of course, Osuna is also a racist, who like his boss Holder, hates white people and in his position openly discriminates against white people in the selection of immigration judges.

He also assured Chu [Another racist immigrant.] that the department was pursuing judge [sic.] diversity in terms of professional background and ethnicity.

We now have racist immigrants running our immigration system to benefit racist immigrants who want to expand discrimination against white people. And, like one of Osuna's assistants, Tali Farhadian, liked to represent terrorists, before she helped Osuna make immigration policy.

During the summer, Appleseed and a team of pro bono counsel also met with Juan Osuna, (former Chief Judge of the BIA and now the top DOJ official spearheading the Department’s intra-agency immigration efforts) and Tali Farhadian, the counsel to the Attorney General on immigration issues, urging uptake of various reforms from ALI that can be accomplished within DOJ.

Note that Farhadian is most likely an agent of the Iranian government and successfully penetrated the highest level of the Department of Justice under Osuna and Holder. Obviously it is George Soros and his fellow immigrants who is running immigration policy, not Americans. Like Osuna, she is clearly an aliened immigrant with a passport of convenience.

Friday, December 24, 2010

Half Hearted Denial

The Obama Regime has started its end run around the Constitution and legislation in the areas of green house gas emission regulation.

WASHINGTON, December 23, 2010 – The U.S. Environmental Protection Agency (EPA) today announced its plans to issue Federal Implementation Plans as part of its upcoming regulation of greenhouse gas emissions from stationary sources. American Petroleum Institute (API) Director of Regulatory and Scientific Affairs Howard Feldman called today’s action unprecedented and coercive:

“In unprecedented fashion, EPA is now coercing some states to relinquish their authority and is directly usurping state regulatory authority in Texas. EPA’s stationary source greenhouse gas regulations are scheduled to take effect January 2, 2011, with court review still pending, and the EPA and state programs are still works in progress.

“EPA is cramming too much in too short of a time. The administration’s focus should be job creation and economic recovery, not unnecessary and burdensome regulations that will threaten jobs and create a drag on business efforts to invest, expand and put people back to work.

“API hopes that EPA will reconsider its costly and unworkable greenhouse gas regulations. The Clean Air Act was never intended to be used to regulate stationary source greenhouse gas emissions, and elected members of Congress should chart U.S. climate change policy.”

API represents more than 450 oil and natural gas companies, leaders of a technology-driven industry that supplies most of America’s energy, supports more than 9.2 million U.S. jobs and 7.5 percent of the U.S. economy, and, since 2000, has invested nearly $2 trillion in U.S. capital projects to advance all forms of energy, including alternatives.

And it has also decided to implement net neutrality without lawful or constitutional authority by a mere vote of the FCC that were previously ruled unconstitutional.

As you may have heard, this week the FCC approved net neutrality rules that sought to strike compromise between Internet companies, broadband providers and consumers. The nitty-gritty starts on page 27 of the document, but here's the gist:

Transparency: Broadband providers for both wired and wireless Internet must disclose their network management policies.

No Blocking: Wired broadband providers may not block any lawful content, applications or services. Wireless broadband providers are not required to allow all applications and services, but may not block any lawful Websites applications that compete with its telephony or video service. This is all subject to "reasonable network management."

No Discrimination: Wired broadband providers may not speed up or slow down individual types of lawful traffic, with exceptions for reasonable network management. No such rules apply to wireless broadband.

As the Washington Post's Cecilia Kang notes, one of the major sticking points is that last rule, which would govern deals between an Internet company and a broadband provider for faster delivery (also known as "paid prioritization"). Although the rules allow for paid prioritization, these deals would "raise significant cause for concern" according to the FCC, and would be subject to increased scrutiny.

How will the FCC's rules be enforced? Using the same process as its cable access complaint rules, the FCC will allow users to submit formal complaints, which are reviewed on a case-by-case basis. In most cases the burden of proof will be on users, but based on the evidence, the FCC can also make Internet providers prove they weren't breaking the rules. The FCC believes it can "issue citations and impose forfeiture penalties for violations of our rules." See page 82 of the document for more on enforcement.

Overall, the rules are similar to the framework that Google and Verizon proposed in August. Given critics' reaction to the Google-Verizon framework, it's no surprise that net neutrality supporters are flogging the FCC's rules for being too soft on paid prioritization and wireless Internet. Meanwhile, Republicans have vowed to strike down the rules in Congress.

However, Bnet's Erik Sherman argues that the rules may not even exist, because only one commissioner voted completely in favor of the rules along with Chairman Julius Genachowski,according to the FCC's own press release. One commissioner voted "in part" while the remaining two dissented. With no clear 3-2 vote, the rules as a whole were not technically approved.

In other words, the battle over the Internet's future is far from over.

And in light of this unlawful and un-Constitutional action, what are we to make of the Regime's half-hearted denial that any similar action will not be taken on the immigration front?

Obama and the lawmakers will likely discuss ways to move forward on immigration issues heading into the next Congress, where Republicans will hold the majority in the House and a more robust minority in the Senate.

"I think both the president and the Congressional Hispanic Caucus wanted to talk about a series of issues, including how to move forward on the disappointing end to this session as it relates to the DREAM Act, and what can be done in the next session," White House press secretary Robert Gibbs said at his daily press briefing Tuesday.

Members of the caucus, most visibly Sen. Robert Menendez (D-N.J.) and Rep. Luis Gutierrez (D-Ill.), had long pushed their colleagues to back the DREAM Act.

The administration signaled Monday it will push for passage of the bill in the future. Organizing for America — President Obama's political arm housed at the Democratic National Committee — sent out an appeal to supporters that vowed to revive the legislation.

Gibbs said it is unlikely that the administration will take executive action on immigration laws, saying any change has to go through Congress.

Half-hearted is certainly the correct description. Since the Regime has not categorically denied that it will take administrative action on behalf of amnesty for illegal aliens, and, more importantly, it continues its administrative amnesty, the possibility of either a secret or open administrative amnesty is highly likely. The Regime accepts victories by legislation, but in defeat goes outside the Constitutional order to impose its will, by hook or by crook.

Thursday, December 23, 2010

ICE: Missing In Action VI

Fifty illegal alien criminals openly occupied a Chipotle franchise in Minneapolis recently demanding reinstatement, back pay and benefits. They interfered with the lawful use of private property and refused to leave. The Minneapolis Police Department and U.S. Immigration and Customs Enforcement (ICE) refused to take any action.

Chanting in Spanish and wearing Santa hats, about 50 fired Chipotle workers and their families crammed into the Mexican chain's Nicollet Mall restaurant in downtown Minneapolis at lunchtime Wednesday, protesting what they called unjustified firings around the state following a federal investigation over their legal status to work in the U.S.

Some of the employees have worked for Chipotle for 10 years, but starting in early December, many were told they had worked their last day. The activist group Minnesota Immigrant Rights Action Committee [MIRAC-ed.] kept count of the firings and helped the workers organize and speak out.

On Wednesday, the Latino workers demanded the company provide detailed explanations for why they were terminated and provide paychecks they say are still due them, including bonuses and payment for unused vacation.

Through interpreters, they also asked for an additional 90 days on the payroll so workers who might be fired mistakenly can gather their paperwork.

"We have not received all our wages, bonuses and vacation due to us," a worker who did not want to be named told the group and anyone who would listen on the busy Nicollet Mall just before a picket line formed in front of the store.

The protest was part of a campaign supported by the Immigrant Rights Action Committee, the SEIU Local 26 and the Center of Workers United in Struggle. The groups estimate more than 100 workers were fired throughout Minnesota in December from various Chipotle restaurants. There are 50 stores in Minnesota and about 1,200 workers. The firings were the result of an audit by the U.S. Immigration and Customs Enforcement.

Denver-based Chipotle said Wednesday that representatives of the 1,000-store chain would meet with workers in January.

"We are saddened to be losing some excellent employees — many of whom have been with us for several years — and all of this comes in response to a request for documents made by Immigration and Customs Enforcement officials in Minnesota," the company said in a statement.

"While the laws in this area put employers in an untenable position — having to strike the difficult balance between enforcing immigration laws while not discriminating against any applicant — all of our policies and practices are and must be fully compliant with federal and state law."

The company said it is paying employees all wages owed, including bonuses earned and any unused vacation time. In addition, employees whose status has been questioned by the Immigration and Customs Enforcement agency are being given the opportunity to provide documentation to correct any administrative errors that may have been made, the company said.

Minnesota law requires that a worker be paid within 24 hours of the employee demand when that employee is involuntarily terminated. That includes a layoff, firing or business closing. There is no statutory distinction between documented workers or undocumented workers.

Apparently the promise by Obama to the Mexican Caucus to continue the administrative amnesty is still in effect. Perhaps Chipotle should file a lawsuit for trespass against the illegal aliens and the communist group aiding them. That might shut them up. But the real crime is that ICE failed to do their job by arresting those illegal aliens and by not arresting Brad Sigal of MIRAC for violations of 8 USC 1324 Harboring and 18 USC 2 Aiding and Abetting. But that is not part of the Obama Regime Administrative Amnesty. Allowing those fifty illegal aliens to remain is part of the plan.

Tuesday, December 21, 2010

ICE: Missing In Action V

U.S. Immigration and Customs Enforcement is, once again, missing in action. U.S. Air Force Office of Special Investigations and the U.S. Army Criminal Investigations Division broke a case of an illegal alien contractor building facilities for U.S. Special Forces at Eglin Air Force Base. ICE claims that one of its jobs is protecting the security infrastructure of the United States, but, again, it was another ICE fail. (I, II, III, IV)

CRESTVIEW — A September arrest of an admitted illegal alien by the Okaloosa County Sheriff’s Office precipitated an investigation that has led to the arrest of a subcontractor who also admitted to being in the United States illegally. The man employed nearly three dozen other workers who are in the country illegally, investigators said.

The workers were all doing drywall work in buildings at the 7th Special Forces cantonment south of Crestview across State 85 from Duke Field. They worked for H&S Drywall, owned by Victor Hugo Contreras-Suarez, 27, a Mexican national married to an American, whose name, Sheyenne Contreras, appears on contract documents, according to a sheriff’s office press release.

“It looks like he used her to sign the paperwork,” said sheriff’s office Investigator George Collins.

According to Contreras-Suarez’s arrest report, on Sept. 15, Collins asked for assistance from the U.S. Army Corps of Engineers’ on-site resident engineer and supervising manager, Jeremiah Walker, who “expressed his concern,” but said he must clear his cooperation with the corps’ legal office. Subsequent attempts by Collins to contact Walker by e-mail and telephone received no reply, according to his report.

Collins then sought and received the assistance of local agents from the U.S. Air Force Office of Special Investigations at Eglin Air Force Base and the U.S. Army Criminal Investigation Command. Eglin OSI opened an investigation on Sept. 27 Collins reported, but it wasn’t until Dec. 7 that investigators were able to review critical Corps of Engineers documents, he said.

On Dec. 8, the investigators inspected payroll time sheets from the previous several months. According to Collins’ report, “on the first contractor, we found two out of the seven SSNs (Social Security numbers) to be false, and two others to be questionable.”

Collins’ report said an investigation of a second contractor’s time sheets revealed “15 of the first 16 names we checked to be either false or questionable.”

With H&S Drywall’s conduct looking most suspicious, Collins spent two more days reviewing its company timesheets with the help of the local Social Security office.

“Of the 35 different names listed, we determined that 32 of them were false, stolen or fictitious and others were questionable,” Collins stated in his report.

Working undercover Dec. 9 through 15, Collins continued his investigation on the cantonment site.

“While working in an undercover capacity, (Collins) asked workers if they had completed I-9 forms, which are required for work in the United States and is a requirement for work on government contracts,” stated Contreras-Suarez’s arrest report. “The workers did not know what the form was, stated they did not complete such a form, or were not sure.”

When arrested Dec. 15, Contreras-Suarez admitted to being an illegal alien. Because he was observed driving a 2009 GMC Sierra four-door pick-up truck on the cantonment site, Contreras-Suarez was also arrested for driving without a license.

Marlo Contreras, 23, and Abraham Garcia, 26, both Mexican nationals, were arrested on charges of fraudulent use of personal information. The other 31 suspects had already moved on by the time the identity fraud investigation concluded, Collins said.

“The issue was there is a lot of turnover in the company,” Collins said. “Most of the 35 weren’t even working there anymore when we gat the data to check. The most recent payroll data they had was Nov. 21. This was Dec. 8 when we finally got the records. That particular company was winding down because they were coming to the end of their workload.”

Collins’ report stated that the investigation is ongoing and has expanded beyond identity fraud into contract, criminal labor violations and immigration violations.

“There are a lot of issues of non-payment or under-payment of wages,” Collins said. “There are things we still have to look into. We have to look into the whereabouts of those workers. A lot of them came from Orlando to work for this guy. Some of them told me they came up from Orlando because they worked for him before. Some of them told me they worked for him on a previous government contract.

“I know the Air Force is going to look into some of the administrative issues on the contracts,” Collins said.

So much for ICE doing its job. Now read Edgar's comments on how wonderful ICE is.

DREAM Act Defeated, DREAM Act Administrative Amnesty Continues

The Obama Regime just gave the Constitution of the United States the big middle finger salute. Just hours before the DREAM Act amnesty was defeated in the Senate, the Regime granted amnesty to another illegal alien student, Bernard Pastor.

CARTHAGE - Bernard Pastor stared into television cameras and his future Monday morning, not yet 72 hours after his release from federal detention.

He didn't blink.

Freed on Friday after 30 days behind bars, the former Reading High School honor student embraced the role chosen for him - immigration reform activist.

"It's certainly something that changed my life," said Pastor, 18, detained Nov. 17 in Springdale after an auto accident and put on the fast track for deportation to his native Guatemala.

Gone is the anonymity that came as an undocumented immigrant, brought here at age 3.

Just a few hours after his release by federal immigration officials on "deferred action status," Pastor traveled - expenses paid by the immigration reform group America's Voice - to Washington, D.C., to promote Senate passage of the Dream Act. The legislation, defeated Saturday, would have led to naturalization for young people brought here by their parents.

"This journey has brought me many opportunities," said Pastor, backed by local Hispanic civil rights leaders and Reading High School classmates, during a news conference at Su Casa Hispanic Center.

Pastor, son of a Pentecostal minister, showed his leadership in a meeting of 200 Dreamers, young people who would be helped by passage of the Dream Act, after the Senate vote. He led a prayer and encouraged colleagues to stay positive and stay in the fight.

He repeated his charge Monday. "Change is coming to the nation," he said. "It's going to come to the point where we are truly recognized as Americans. It's coming and (opponents) better be ready for it."

Pastor is ready for his public role, said his Cleveland-based lawyer, David Leopold, president of the American Immigration Lawyers Association, whose national profile has led him to work with hundreds of Dreamers.

"A lot of young people in lockup are filled with anger and panic. Not Bernard," he said. "It looked for a while like he was going back, it was iffy, but he had the same positive spirit inside the prison that he has shown since he's been out."

Pastor accepts the responsibility with humility and confidence.

"I've gotten to meet many Dreamers, those who were keeping up with my story," he said. "I seemed like a celebrity to them, but none of it is me. I wasn't the hero."

The Regime, like the Terminator, will not stop until America is dead. That is what it does.

More Sabotage From The Obama Regime

The Obama Regime and Customs and Border Protection have decided that complying with the laws of the United States are optional. In this particular case the law requires that American citizens entering the U.S. present a passport, or other specialized documents such as a passport card, SENTRI card, etc. However the Obama Regime and CBP decided that those document requirements interfere with amnesty and the smuggling of illegal aliens into the United States. A Department of Homeland Security Office of Inspector General report has exposed CBP for failing to implement the law requiring that all U.S. citizens have passports.

More than 18 months after U.S. Customs and Border Protection inspectors were supposed to start enforcing stringent ID requirements at the nation's land borders, millions of travelers are still being admitted without passports or other secure IDs, a new government audit shows.

An Office of Inspector General report released Monday found that CBP remains unprepared to fully implement the Western Hemisphere Travel Initiative, which officially took effect in June 2009 and requires all travelers, including U.S. citizens, to carry passports or one of a handful of other forms of secure ID.

In the first eight months after the requirements took effect, 2.3 million travelers failed to provide proper paperwork at U.S. land ports of entry.

CBP internal policy, issued shortly before the implementation deadline, only required travelers who provided improper paperwork multiple times to undergo added inspection, resulting in additional screening for about 9,000 people based only on their lack of documentation, according to the report.

Auditors singled out Texas for having the lowest compliance rate in the country, with nearly 1-in-10 travelers — 1.1 million people — arriving at Texas land borders without proper identification during the period of the review.

Critics warned that the failure to fully implement the more stringent ID requirements, mandated by Congress as part of its response to the 9/11 terrorist attacks, amounts to a security vulnerability.

Until the new travel document requirement is fully enforced, OIG's auditors wrote, the agency "continues to incur risk" that it will admit travelers falsely claiming to be citizens of the U.S., Canada, Bermuda and Mexico.

A policy of lawlessness and defiance appear to be CBP policy:

According to the report, the agency does not yet have a date to fully implement the WHTI requirements.
And amnesty for illegal aliens appears to be the motivation, as CBP does not want to send those without the legally required documents for additional screening, which will result in one thing: More illegal aliens entering with false claims to U.S. citizenship.

The report raised several practical concerns about CBP's ability to fully implement the requirement. OIG auditors estimated that if all travelers without proper IDs were sent to secondary inspection for added scrutiny, it would cause severe backlogs at the ports of entry. The number of people sent to secondary inspection, where inspectors refer travelers who raise suspicion, would increase by an average of 73 percent at the 49 busiest land ports if the requirement was fully enforced.

In its response to the OIG, CBP officials said that not all travelers lacking the proper documentation need to be sent to secondary inspection in order to be properly screened.

Too much work for CBP means too many illegals detected and deported. And it conflicts with the new policy of CBP, which is to be welcoming to illegals and Muslim terrorists. CBP is more concerned about Model Ports and complaints about enforcement than doing their job.

From the report:

The agency has not finalized the operating procedures its officers will use to verify the identity and citizenship of non-compliant travelers. Customs and Border Protection officials told us other priorities have precluded them from completing the operating procedures.

Other priorities...should CBP have other priorities than keeping out illegal aliens? Apparently it does. But in doing so it violates the Constitution and the law.

Yellow Supremist Defeated

Gordon Liu, an Asian supremist and hater of white people, as well as a Red who considers the law just another battleground in the war on freedom and white people, has gone down to defeat.

WASHINGTON -- After a monthslong blockade, Senate Republicans have agreed to let at least 19 of President Barack Obama's non-controversial judicial nominees win confirmation in the waning days of the congressional session in exchange for a commitment by Democrats not to seek votes on four others, according to officials familiar with the deal.

Among the four is Goodwin Liu, a law school dean seen as a potential future Supreme Court pick, whose current nomination to the 9th U.S. Circuit Court of Appeals in San Francisco has sparked strong criticism from Republicans.

Another reason to end immigration.

Monday, December 20, 2010

Communists Call For Rule By Decree

In the spirit of communist revolutionary fervor, the Reds who run the immigration bar of the United States have called for Barak Hussein Obama, a fellow communist, to rule by decree since the Republican takeover of the House of Representatives and the defeat of the most recent DREAM Act amnesty plan in the Senate.

The Reds have always been enemies of representative government and the Constitution of the United States. Despite the fact that amnesty for illegal aliens requires congressional action, Comrade Cyrus Mehta has demanded that the Constitution be replaced with decrees from Obama based on bureaucratic fiction and in violation of the law and the separation of powers. Mehta, a sometime professor of law, apparently did not read that part of the Constitution that rests in Congress the authority to make laws.

We are all extremely disappointed that the Senate blocked the DREAM Act on December 18. Even though a majority of the Senate voted for cloture, it was not enough. We need 60 votes for legislation to move forward, even when we have a majority of 55 out of 100. But do we need to wait endlessly for Congress to act? The answer is NO! Faced with unrelenting opposition from a radicalized Republican party that has declared war on immigrants, the Obama Administration is not powerless if it has the vision and the will to act.

We demonstrated in our article Tyranny of Priority Dates, that it is possible for the Executive to legalize the status of non-citizens without Congressional intervention to achieve something close to CIR. Our proposal for administrative solutions has become all the more relevant now that Congress has not passed the DREAM Act. DREAMERS must still lobby the administration for relief, which is has the ability to grant without going to Congress. Yes, the President does indeed have power to grant benefits administratively, such as parole and employment authorization. The Executive, under INA § 212(d)(5), has the authority to grant parole for urgent humanitarian reasons or significant public benefits. Talented and dedicated DREAMERS who go to college, serve in the military or perform work of national importance under civilian direction are ideal candidates for invoking § 212(d)(5) under “urgent humanitarian reasons or significant public benefits.” Similarly, the Executive has the authority to grant employment authorization under INA §274A(h)(3), which defines the term “unauthorized alien” as one who is not “(A) an alien lawfully admitted for permanent residence, or (B) authorized to be so employed by this Act or by the Attorney General." Under sub paragraph (B), the USCIS may grant an EAD to DREAM kids who inadvertently fell out of status for no fault of their own and who only know America as their country.

The Executive’s use of parole, sua sponte, in such an expansive and aggressive fashion is hardly unique in post-World War II American history. The rescue of Hungarian refugees after the abortive 1956 uprising or the Vietnamese refugees at various points of that conflict comes readily to mind. While these were dramatic examples of international crises, the immigration situation in America today, though more mundane, is no less of a humanitarian emergency with human costs that are every bit as high and damage to the national interest no less long lasting. DREAM kids need not wait an eternity for Congress to come to the rescue.

The government has always had the ability to institute Deferred Action, which is a discretionary act not to prosecute or to deport a particular alien. Deferred Action is purely discretionary. They are both informal ways to allow continued presence in the United States. The INA never mentions deferred action. Neither does deferred action depends upon regulation. Deferred action is not mentioned in Title 8 of the Code of Federal Regulations but only in the old, and now inapplicable, Operations Instructions. The exercise of prosecutorial discretion to grant deferred action status is an expression of limited enforcement resources in the administration of the immigration law. It makes no sense to deport DREAM kids who have been educated in the US, and who have the potential to enhance the US through their hard work, creativity and determination to succeed. Giving these kids a chance will also help the economy by generating more taxable earnings and will also reduce the budged deficit by over $2.2 billion over a 10 year period.

Deferred Action has also been applied to battered spouse and children self-petitioners who had approved I-360 petitions under the Violence Against Women Act, so that they could remain in the United States and obtain work authorization. In 2006, Congress, in recognition of this informal practice, codified at INA § 204(a)(1)(k) the grant of employment authorization to VAWA self-petitioners. Deferred Action has also been granted to U visa applicants. More recently, and prior to the passage of INA § 204(l), the DHS provided interim relief to surviving spouses of deceased American citizens and their children who were married for less than two years at the time of the citizen’s death. Mr. Neufeld’s memo, issued on June 15, 2009, provides extraordinary relief to spouses whose citizen spouses died regardless of whether the I-130 petitions were approved, pending or even not filed. Such beneficiaries may request deferred action and obtain an EAD. Then, on October 28, 2009, Congress amended the statute, and created § 204(l) to allow, inter alia, a widow who was married less than two years at the time of the citizen’s death to apply for permanent residence.

How about parole in place? Unaccompanied minors brought as young children to the United States without inspection deserve such relief. Take a look at Section 235(a)(1) of the INA. Know what it says? It reminds us that these DREAMERS who are physically in this country without formal inspection or legal admission can be deemed to be applicants for admission. That is how “parole in place” works. By indulging in the legal fiction that these DREAMERS are actually knocking at the golden door and asking to be let in, the Obama Administration can make them eligible for adjustment of status to legal permanent residen (if they qualify as immediate relatives, such as a spouse of a US citizen) through expansion of the parole mechanism. The USCIS informally allows spouses of military personnel who would otherwise be unable to adjust under INA § 245(a) if they were neither “inspected and admitted or paroled” to apply for “parole in place.” This administrative solution, where a non-citizen is fictitiously paroled, and thus rendered eligible for adjustment as an immediate relative of a US citizen under § 245, allows our troops to concentrate in the battlefield without being distracted about whether their spouses can or cannot remain in the US.

Moreover, as suggested in The Tyranny of Priority Dates, there is nothing to prevent the administration from granting similar parole benefits to undocumented non-citizens in the United States, along with employment authorization, who are waiting for their priority dates to become current or who meet certain sympathetic criteria such as DREAM children. The President can achieve something close to the DREAM Act and even Comprehensive Immigration Reform without going through Congress and without violating the Separation of Powers doctrine. While some may argue that there is no express Congressional authorization for the Executive to enact such measures, the President may act within a “twilight zone” in which he may have concurrent authority with Congress. See Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579, 635 (1952) (Jackson, J., concurring).

There is no bar in law or logic to a decision by the Department of Homeland Security that it will not seek to deport or remove anyone here without color of law who would qualify for DREAM Act benefits. Only in those instances where relief was available would ICE issue a Notice To Appear. Refraining from seeking removal of DREAMERS in the public interest would be entirely consistent with the reasons why the Administration lobbied the Congress so hard in the first place and hopefully will continue to do so. Be prepared for Steve King, Lamar Smith and their nativist allies in the Senate to react. They can threaten to use the power of the purse to curb these regulatory initiatives. Be strong and of good courage! Mr. President, keep your veto pen close at hand. Until we get a new law, justice will have to be squeezed out of the one we have now. The fact that Congress will not act does not mean that the DREAM is dead; it simply is deferred, while we go about its realization by other means.

This is just symptomatic of the left in general. They will use legislation when it suits them, but when they are defeated, they then turn to dictatorship. Like their pretentious calls for freedom of speech, until they hear something they disagree with, the left is the enemy of the United States, the freedom of men, and the Constitution. What does not suit their purpose at any given time, is discarded. They are like Stalin and his endless shifts left and right against Right Deviationists or Left Opportunists, all is for power and the good of the Party.

Racists Defeated In BART Shooting

Black racists were handed a stinging defeat in the case of the Oscar Grant BART shooting. Former BART Police Officer Marysol Domenici, a Hispanic who was fired by the racist black BART Police Chief Dash Butler and was herself an affirmative action hire and the typical useless female cop unable to cope with violent resistance by suspects without male assistance, was ordered reinstated with full back pay.

(12-17) 09:49 PST OAKLAND -- An arbitrator ordered BART on Friday to reinstate a police officer the agency fired for allegedly lying to investigators and an Alameda County judge about another officer's killing of unarmed train rider Oscar Grant.

Although BART didn't accuse Marysol Domenici of using excessive force, she became a focus of some of the community outrage stirred by the case because she helped detain Grant before he was shot by former Officer Johannes Mehserle.

A jury convicted Mehserle in July of involuntary manslaughter for the Jan. 1, 2009, killing at BART's Fruitvale Station in Oakland. He was sentenced to two years in state prison.

The arbitrator, William Riker, ordered Domenici reinstated to the BART force without restrictions and with full back pay. He said a 14-day hearing had produced "no basis for the conclusion that Officer Domenici was untruthful in her statements and testimony" at a preliminary hearing in Mehserle's criminal case last year.

Domenici, 30, is "absolutely thrilled that her name has been cleared," said her attorney, Alison Berry Wilkinson. "She was definitely collateral damage in the frenzy that followed the shooting."

And prior to her firing she was on 15 months of suspension with pay. What a deal.

Domenici spent 15 months on paid leave before then-interim BART Police Chief Dash Butler fired her in March.

The real news is that the only reason she was fired was to placate the black criminals who populate Oakland.

John Burris, an attorney who sued BART on behalf of Grant's family, said he was disappointed but not surprised by the ruling, considering that Domenici had not been accused of physically abusing Grant and other men detained after a fight aboard a train...

Grant's family has long been angry with Domenici, largely because of her court testimony. Referring to Grant and his friends, she said at the preliminary hearing, "If they would have followed orders, this wouldn't have happened..."

He said BART had also accused Domenici of lying by calling the crowd at the station "hostile." In fact, Riker said, Domenici never used that word.

It did not help her that the BART Police Department's Chief was a useless black affirmative action hire who failed as the Chief of the Berkeley Police Department and under his tenure Berkeley has become a crime ridden hell-hole where black thugs from Oakland roam free killing at will and white communist rioters dominate the streets.

But besides having to provide Domenici with back pay and benefits, BART is also out over $280K for a useless and dishonest report created by Meyers Nave, a black law firm that specializes in suing municipalities, and is going out of business.

Riker took issue with the Meyers Nave report, saying investigators had not asked witnesses key questions and had handed BART officials a "flawed" analysis of video of Grant's killing.


Domenici spent 15 months on paid leave before then-interim BART Police Chief Dash Butler fired her in March. Butler, who is no longer with the agency, was following the recommendation of law firm Meyers Nave, which BART hired for $283,000 to conduct an independent internal-affairs probe into Grant's killing...

The arbitrator, William Riker, ordered Domenici reinstated to the BART force without restrictions and with full back pay. He said a 14-day hearing had produced "no basis for the conclusion that Officer Domenici was untruthful in her statements and testimony" at a preliminary hearing in Mehserle's criminal case last year.

And BART is looking at another big black eye when another arbiter is going to order the reinstatement of another officer fired after the Oscar Grant shooting.

BART also fired Pirone, whose appeal is pending.

A total defeat for the race hustlers in Oakland.