re: "Discretion, Not Amnesty"

Andrew C. McCarthy at The Corner (" The one and only. ") had evaluated former-Speaker Gingrich's approach to immigration enforcement reform.

Money quote(s):

"A successful immigration enforcement policy, easily implemented under current law, would secure the borders; use the capability we have to track aliens who enter on visas to ensure that they don’t overstay; and target our finite law enforcement resources at (a) illegal immigrants who violate federal or state criminal laws (i.e., other than the laws against illegal entry), and (b) employers who knowingly hire illegal aliens and therefore provide the incentive that induces them to come. (An even better policy would deny illegal immigrants various social welfare benefits, but some of that would involve changes in the law so I put it to the side for present purposes.)

Such a policy would materially reduce the number of illegal immigrants in the U.S. — if they can’t work, many will leave and many won’t come in the first place. Such a policy would also call on government lawyers to exercise discretion (as they do in all aspects of law-enforcement) to decide which cases are worth prosecuting. Obviously, if an alien has been here illegally for a number of years but has been essentially law-abiding (again, ignoring the fact that it is illegal for him to reside and work in the U.S.), and if his deportation would have the effect of ripping apart an intact, law-abding family, you don’t bring that case. Such a case is not worth the Justice Department’s time when there are plenty of more serious criminals, including more serious immigration offenders, to pursue." (Bold typeface added for emphasis. - CAA.)

Unfortunately, although DHS was tasked with implementing a means of tracking entry and exit by visa-holding temporary visitors, it's never been fully implemented at every port/point of entry/exit. It's just too hard, apparently, even with a decade's worth of funding and effort.

What they did put together, U.S. Visit, isn't bad and has proven a very useful tool in visa work, but it's just not comprehensive enough to reliably tell us whether any one visitor is (or is not) still in the country past his or her supposed departure date.

(I suppose it sets up a form of Schroediger's Alien.)

"The Obama administration currently exercises its discretion by not only refraining from any meaningful enforcement of the immigration laws but also preventing states (e.g., Arizona) from enforcing the laws." (Emphasis in original text. - CAA.)

&

"Newt was quick to point out last night that he was talking about a humane enforcement policy. He was not proposing that the illegal aliens who were not prosecuted be given citizenship. They just wouldn’t get prosecuted as long as they didn’t make a nuisance of themselves."

This approach tackles the problem from the two critical directions, that of "push" and "pull."

Diminish the "pull" by cracking down on employers of illegal aliens and cutting social benefits that make America such a lucrative proposition, as well as providing the safety net that allows illegal workers to send millions and millions of dollars out of the country in remittances.

And at the same time, increase the "push" by enforcing deportation and other penalties on those illegal aliens who commit criminal offenses above and beyond their immigration violations.

11/23

re: "Worst Kept Secret"

Lex at Neptunus Lex ("The unbearable lightness of Lex. Enjoy!") harbors his suspicions about "Fast and Furious."

Money quote(s):

"(A)nti-gun activism is a proven political loser. It turns off the constitutionalists who look at the 2nd amendment and say, well: That’s rather clear. It turns off the folks living in neighborhoods edgy and otherwise, who’d like the option to defend their lives and property when the bad man comes. Knowing, as they do, that when the bad man comes and seconds count, the police are only minutes away. It turns off the working class that the liberal left pretends to care for, in a paternalistic way. And of course it turns off gun owners and enthusiasts across the political spectrum, who believe – among other things – that the last defense against tyranny of whatever flavor is an armed populace."

Naturally, ideologies or political movements which act to promote an unarmed (or disarmed) populace should be viewed with extreme suspicion.

"Heretofore I was willing to apply Hanlon’s Razor: “Never attribute to malice that which is adequately explained by stupidity.”

Now I believe we have to consider both malice and stupidity." (Emphasis in original text. - CAA.)

UPDATE: As most within the milblogging community will already be aware, longtime and well-respected milblogger Lex passed away earlier this week, the sole casualty of an aircraft crash in California.

We only met the oncet, briefly, at a milblogging convention a few years ago when I was between overseas assignments. Nearly all our interaction was "virtual." So I have little in the way of adding to or polishing his legacy.

A glance at my sidebar tag list of "Labels" shows more than 30 incidences of Lex and Neptunus Lex. That essentially means I excerpted from and commented on at least that many of his thoughtful and well-expressed posts.

As an old "spook," let me assure readers that while my online reading is wide-ranging and somewhat eclectic, if I'm linking to you or mining your blog that many times then you just may be on to doing something right. When I "stole" from Lex, I was stealing from the best. His surviving wife and family have my sincere condolences.

Fair winds and smooth sailing, Captain Carroll LeFon, USN (Retired).

12/8

re: "Meanwhile, in other news..."

Bill at Castle Argghhh! ("just retired warriors and fellow-travelers") had some interesting news awhile back.

Money quote(s):

"Iran got tired of just shelling Iraqi Kurds and launched a raid into the area around Suleymania (S'leymani, if you'd prefer it in Kurmanji). The Revolutionary Guards evidently got their butts kicked good -- not surprising, since we've been training the Kurds since '03, at least. The RG's target was one of the towns where a lot of Free Life Party of Kurdistan (PJAK) members make their home, because PJAK openly sides with Iranian Kurds agitating for an autonomous homeland in Iran. In what would normally be a puzzling move, in 2009 the Treasury Department declared the PJAK a terrorist organization -- right before Obie's "peace overtures" to Tehran. Got that? The *Treasury* Department -- not the State Department, and not the Justice Department, and not in coordination with either -- made that call, evidently based on an *Iranian* TV newscast linking PJAK with the Kurdish Workers' Party (PKK)." (Bold typeface added for emphasis. - CAA.)

7/20

re: "Public Servants"

Lex at Neptunus Lex ("The unbearable lightness of Lex. Enjoy!") asks a legitimate question, disguised as speculation.

Money quote(s):

"Perhaps its different in other parts of the federal bureaucracy, but in the Navy, at least, senior executives take congressional inquiries quite seriously. And you’d never make it to flag rank by committing your actual thoughts about congressmen or senators to an email.

Of course, flag officers are typically selected competitively based on such characteristics as intelligence, integrity and professional performance. US attorneys, being political appointees, may have other selection criteria."

Not having served in every nook and cranny of the Department of State, I suppose that it's possible that, somewhere, there is an office or, Heavens forfend, an actual post or office that doesn't treat a congressional inquiry (or, as they're known, a "Congressional") as if it were a lightning bolt from Mount Olympus.

Immediate attention, rapid turn-around, and management scrutiny to ensure completeness and attention to detail; these are the highlights of how Congressionals are handled by FSOs (and State civil service staff as well).

Apparently this may not be the case in every Executive department within the federal government.

12/3

12/3

re: "Like Watching a Car Wreck...."

Deebow at Blackfive ("the paratrooper of love") finds fault with the law-enforcement model of counter-terrorism.

Money quote(s):

"(E)vidently, the Attorney General of these here United States believes that the best weapon to use against terrorists isn't an M-4 with a SOPMOD package and a rucksack full of ammo in the hands of a skilled operator, it is a Miranda Warning Blaster Cannon, a Search Warrant Launcher and a Legal Discovery Bomb."

It's not that the Justice Department doesn't have a role in the GWOT, it's just not that of "lead agency." Nor should it be. Ever. At least not in more than an advisory and assist role, and that only within the U.S. itself.

Frankly, given the enemy's proven skills at lawfare, this should be more than enough to keep AG Holder occupied.

"(R)emember all those brave barristers that kicked in the doors at the Bin Laden compound and aggressively read Osama his Miranda rights and moved immediately to a speedy trial. This is not one of the most laughable things the Attorney General has ever said, nor is it the most clueless thing either, but it is consistent."

re: "Quick Takes, June 02, 2011"

Mike M. at Confederate Yankee ("Because liberalism is a persistent vegetative state.") makes a fairly damning assessment.

Money quote(s):

"ITEM: AG Eric Holder continues to investigate CIA personnel, who, acting on the specific advise of the Department of Justice, protected American lives during the Bush Administration. John Hindearaker at PowerLine (here) suggests that the only reasonable conclusion is that Mr. Obama is at war with America’s intelligence community. I agree. See if you do."

re: "Specialized Interrogation Unit May Be Created"

C.J. at A Soldier's Perspective ("personal information, views and commentary about the military") pretty much made a mockery of this proposal.

This is of a piece of one of our perpetual mistakes: conflating law enforcement solutions to warfare problems.

Money quote(s):

"(T)he Department of Justice will now be leading interrogations ofhigh value targets of military importance. Oh, and these"interrogations" will happen "without the use of coercion." Yeah,good luck with that!"

&

"Anyway the unit should be awesome! Naturally, the administration noted that "based on where things stand now, the CIA isn't slated to be the lead on whatever plan is put into place." Phsaw! Why would ANYONE in their right mind put an agency in charge who only does this sort of thing for a living and has buttloads of experience?! That would just be dumb!"

re: "How about a “You can’t handle the truth!” Commission?"

Karl at Patterico's Pontifications ("Harangues that Just Make Sense") evaluates the likelihood.

Money quote(s):

"Pres. Obama does not want a “truth commission” looking into the Bush Administration’s harsh interrogation of high-value enemy combatants. People may think his flip-flop on having the Justice Dept. look into the matter is a cave to hysterical, Sullivan-esque self-soilers, but that is only half-accurate. The point of fobbing this issue off on Holder & Co. is precisely to try to remove everyone else from the equation, including the media. This was a common tactic of the Clinton Administration: “Sorry, as you know, this matter is under investigation, so I am not at liberty to comment.”"

&

"(C)riminal charges against the lawyers who drafted the interrogation memos is exceedingly unlikely. The case for pursuing war crimes charges is only marginally better. The waterboarding that went on here is not the “water cure” administered by US soldiers in the Philippines, or the Asano war crimes case, both of which involved pouring water directly into the mouths and noses of subjects, which is considerably more harsh and dangerous.

The Democrats know as much as anyone that this issue already polls badly with likely voters. Trying to pretend that the Bush Administration was like the Third Reich simply would not play with anyone less unhinged than the Andrew Sullivans of the world (who would likely end up disappointed with the outcome). If Congressional Democrats pursue this, it will most likely be with the expectation that the GOP would rise to prevent any sort of bipartisan effort, allowing the Dems to retreat, while blaming the GOP."

re: "War Crimes"

Olli at Olli In Munich ("a serial expat currently living in Munich") has some news relating to immigration fraud.

Money quote(s):

"Ivan Demjanjuk might soon be appearing in a courtroom in Munich charged with war crimes. Demjanjuk, originally from The Ukraine, was a Red Army soldier captured by the Germans in 1942 who then chose to ally himself with his captors. After the war Demjanjuk settled in Germany, but left in 1951 and moved to the US."

"His US citizenship, which he had lost some years before his extradition, was restored. The US Justice Department appealed against this on the grounds that Demjanjuk had indeed been a concentration camp guard, even if not the one believed by the Israeli prosecutors. The court agreed and removed his citizenship once more. Demjanjuk's final appeal against the decision was rejected by the 6th Circuit Court of Appeal in 2004. As a stateless person Demjanjuk was liable to deportation if a country could be found willing to take him. However, neither Ukraine not Poland - where his alleged crimes were perpetrated were willing either to take or to put him on trial."

&

"(I)f Demjanjuk were acquitted I would assume that since he would have been deported rather than extradited and since he is no longer a US citizen the Germans would be stuck with him, either having to look after him until he dies or find another country willing to take him - which seems unlikely."

WT - FBI security checks called deficient. Justice questions reliability.

From my archive of press clippings:

Washington Times

FBI security checks called deficient. Justice questions reliability.

Jerry Seper

Tuesday, June 10, 2008

Security procedures used by the FBI to check immigration and naturalization applicants have "serious deficiencies" that have resulted in large backlogs and raised questions about the reliability of the information, a Justice Department report said Monday.

Read the whole article here.

Snippet(s):

"In a highly redacted 120-page report, the department's Office of the Inspector General said that while the FBI generally was able to process millions of fingerprint checks "in an accurate and timely manner," the bureau's name check processes rely on "outdated and inefficient technology, personnel who have limited training, overburdened supervisors and inadequate quality assurance measures."

As a result, the name check process is backlogged and also provides little assurance that necessary information is retrieved and transmitted to customer agencies," Inspector General Glenn A. Fine said."

&

"The IG's review examined the FBI's National Name Check Program (NNCP) and its Integrated Automated Fingerprint Identification System (IAFIS).

FBI Assistant Director John Miller said that while processing nearly 77,000 name check requests per week, the FBI has completed nearly 97 percent of the requests in the last five years and that the majority - nearly 90 percent - were completed within 120 days, well within the required 180-day limit."

MDN - Milford man charged with lying to get passport

From my archive of press clippings:

Milford Daily News

Milford man charged with lying to get passport

By GHS

Posted Nov 20, 2008 @ 09:32 PM

WORCESTER — A Milford man was indicted, arraigned and detained Wednesday after officials say the "illegal alien" falsely claimed he was a U.S. citizen on an application for a passport, according to a Department of Justice press release.

Read the whole article here.

Snippet(s):

"Ruben Faria Rosa, aka Rubin F. Rosa, aka Juan Luis Perez Alvarez, 25, of 81 School St., Apt. No. 5, Milford, was charged in the indictment with false representation of U.S. citizenship and making false statements in an application for a U.S. passport, according to U.S. Attorney Michael J. Sullivan and James Ennis, special agent in charge of the U.S. Department of State's Bureau of Diplomatic Security Service."

&

"If convicted, he faces a maximum sentence of 10 years in prison for the false representation charge and three years in prison for the making false statements in an application charge.

That would be followed by three years of supervised release and a $250,000 fine.

After completing the sentence he would then face deportation to Brazil, his native country, according to the press release."