It’s early October and that means it’s time for the Supreme Court to begin hearing oral arguments in cases it will decide this term. One such case was placed on the docket according to an order issued by the court in September. Carlos Martinez Gutierrez was nabbed trying to smuggle three Mexican children into California. The merits of this case will now be considered by the highest court in the land.
On September 27, the court granted certiorari in the case of Attorney General Eric Holder v. Carlos Gutierrez. At the center of the case are several issues of vital importance for children of illegal immigrants.
If Gutierrez wins, some immigrants may find it easier to avoid removal and stay in the United States.
"The case is significant," Gutierrez's appellate attorney, Stephen Kinnaird, said Tuesday, adding that "you can have possible breakups of families" in certain circumstances.
The facts of the case are these. In December 2005, Carlos Gutierrez attempted to smuggle aliens into the United States through the San Ysidro port of entry (a border community in the southernmost part of San Diego). Subsequently, Gutierrez fought deportation and it is his argument in that aspect of the case that concerns the court in the present matter.
Alabama’s tough new immigration law, most of which was upheld by a federal judge last week, is having its intended effect: Illegal aliens are leaving the state, and their children are disappearing from schools. Two news reports show that illegal aliens, who cost Alabama taxpayers some $300 million annually, have read the handwriting on the wall: No more hiding; the free ride is over.
The news comes on the heels of federal Judge Sharon Blackburn’s decision that most of the law does not interfere with federal prerogatives on immigration policy. The law’s most important codicils require police to check the immigration status of those they lawfully stop and reasonably suspect of being illegal aliens, and as well to detain and check the immigration status of those driving without a valid license.
Illegals on the Run
According to the New York Times, “The vanishing began Wednesday night, the most frightened families packing up their cars as soon as they heard the news.They left behind mobile homes, sold fully furnished for a thousand dollars or even less. Or they just closed up and, in a gesture of optimism, left the keys with a neighbor. Dogs were fed one last time; if no home could be found, they were simply unleashed.
A federal judge upheld the most important parts of Alabama’s law that seeks to control the state’s growing problem with illegal aliens.
In her 115-page decision last week, Judge Sharon Blackburn of the Northern District of Alabama upheld six sections of HB 56 and enjoined four. The law is problematic in those four areas, she ruled, but in the main, HB 56 does not interfere with congressional prerogatives vis-à-vis immigration policy. Nor does it interfere, she ruled, with the foreign policy objectives of the United States.
Importantly, the judge upheld a key provision that had gone down in flames in Arizona, where the Obama administration first went to war against states seeking to stem tide of illegals that are draining state budgets. Blackburn ruled that the state of Alabama may require police to inquire about the immigration status of persons they lawfully stop or arrest if reasonable suspicion exists that those persons are in the country illegally.
That provision of HB 56 and Arizona’s law, SB 1070, enraged the radical left and its adherents in the reconquista lobby. As with Arizona, the Obama administration sued Alabama to overturn its law, and it had the National Immigration Law Center, the American Civil Liberties Union, and the discredited Southern Poverty Law Center on its side. As well, leftist clerics fought against the state.
Texas Governor Rick Perry defended his policy of allowing illegal immigrants to obtain in-state tuition for Texas state colleges in the Fox News/Google debate September 22.
Perry faced withering criticism from former Massachusetts Governor Mitt Romney, who said of the Perry-backed Texas policy of granting in-state tuition to illegal immigrants:
It's an argument I just can't follow. I've got be honest with you, I don't see how it is that a state like Texas — to go to the University of Texas, if you're an illegal alien, you get an in-state tuition discount. You know how much that is? That's $22,000 a year. Four years of college, almost $100,000 discount if you are an illegal alien go to the University of Texas. If you are a United States citizen from any one of the other 49 states, you have to pay $100,000 more. That doesn't make sense to me. That kind of magnet draws people into this country to get that education, to get the $100,000 break. It makes no sense.... We have to turn off the magnet of extraordinary government benefits like a $100,000 tax credit — or, excuse me, discount for going to the University of Texas. That shouldn't be allowed. It makes no sense at all.
Italian authorities vowed a few days ago to send home more than a thousand Africans who invaded the isle of Lampedusa after leaving Tunisia and Libya to seek fortune in Europe. The latest pronouncement from Italy, London's Telegraph reported, came after the detained illegal aliens set fire to the facility in which they were housed.
But the latest crisis on Lampedusa is merely one more ugly episode in the avoidable fate that befell the island when the tsunami of refugees landed after the collapse of Tunisia’s government early this year. The island is just 113 miles from Tunisia, and is indeed closer to Africa than to its mother, Italy.
Throughout this year, Italian officials sat paralyzed, wondering what to do about the great African migration while the teeming horde of Tunisians, Libyans, and others swept over Lampedusa like a biblical plague.
Arizona created quite a national furor a year ago by enacting a law to crack down on illegal immigrants, but the ease with which non-English-speaking people can obtain driver’s licenses there has attracted refugees now living in Massachusetts. The Bay State has suspended the driver's licenses of 124 Massachusetts residents who obtained licenses from Arizona, which they then converted into Massachusetts licenses, the Boston Globe reported Monday. State Police are investigating hundreds of other cases in which Massachusetts residents may have gained driving privileges through Arizona's more flexible policy.
Massachusetts offers the written exam required for a driver's license in English and 26 other languages, second only to California. But the state requires the applicant to take the exam unaided, while Arizona allows the services of a translator. Arizona also allows applicants to bypass the written test altogether with certificates from state-approved private driver schools. And while Arizona requires proof that the applicant is in the country legally and requires multiple documents for proof of identity, the state, unlike Massachusetts, does not require proof of in-state residence.
According to the U.S. Treasury Department, illegal aliens are bilking the federal government for billions because they are filing fraudulent returns, and the sum is much higher than even a top group opposed to illegal immigration has estimated.
The Treasury reported in July that the Internal Revenue Service coughed up $4.2 billion in child tax credits for illegal aliens in 2010.
Given how nasty the IRS gets with taxpayers who err even honestly on their taxes, or those who do not err at all, observers note that the agency is rather insouciant about the indirect subsidy to those who aren’t supposed to be in the country.
The Treasury reported that illegals are fraudulently using the Additional Child Tax Credit, which was created to give more money to taxpayers who cannot claim a full tax credit for children.
On August 20, police in Milford, Massachusetts, allege, a drunk illegal-alien plowed into a 23-year-old motorcyclist, dragged him a quarter mile, and left him for dead. He was.
Nicolas Guaman, an Ecuadoran, is yet another illegal alien with a criminal past who was not deported, but instead repeatedly released from jail. Had he been deported under the Secure Communities program, with which leftist Governor Deval Patrick refused to participate, Matthew Denice might still be alive.
That’s the conclusion of Patrick’s critics in the Bay State.
And Guaman isn’t the only drunk-driving illegal alien to be released from custody in Massachusetts of late. President Obama’s uncle, Onyango, was “quietly released” last week, as The New American has reported.
In last night’s CNN/Tea Party Patriots Debate among the GOP presidential candidates, several of the hopefuls declared that the best way to stem the tide of illegal immigrants flooding over the southern border was to build a fence. Rick Santorum, Jon Hunstman, and Mitt Romney all advocated erecting a fence along the length of the border with Mexico. So ardent was Huntsman support for the idea that he accused Rick Perry of being “treasonous” for the latter’s assertion that the southern border cannot be secured.
At an earlier debate hosted by the Ronald Reagan Presidential Library in California, Minnesota Congresswoman Michelle Bachmann said that, “To not build a border or a fence on every part of that border would be an effect to yield United States sovereignty.”
As has been reported, Congressman Ron Paul was effectively shut out of last night’s debate, particularly in two areas where he has been most vociferous and controversial: the Federal Reserve and immigration.
The National Association of Former Border Patrol Officers is calling for a reversal of the Obama administration’s “autocratic” policy designed to grant amnesty to illegal immigrants without so much as approval from Congress, saying the President has shown "contempt" for the Constitution and the laws he is sworn to uphold.
NAFBPO Chairman and former Assistant Chief Patrol Agent Kent Lundgren went even further. In an exclusive interview with Liberty News Network national correspondent Andy Ramirez, Lundgren said lawlessness from Obama and the Department of Homeland Security needed to be urgently stopped.
“We have got to get the American people to look at this administration, rein it in, and say: ‘Hey, there are laws out there, you didn’t make them, you may not like them, but the Constitution says that you shall take care to see that they are executed, and you are not doing that. And listen up, we’re going to change things if you don’t,’” Lundgren said.