When it comes to intellectual and moral dyslexia, the ACLU never disappoints our expectations of their absurdity. Yesterday, the ACLU and the American Immigration Council filed a class-action lawsuit on behalf of some of the recent illegal immigrants accusing the federal government of denying them legal counsel. They are trying to use the courts to compel the Justice Department to providing the illegal children with taxpayer-funded legal services.
The irony of this lawsuit is that the Justice Department is indeed providing taxpayer-provided legal services to these illegals – and it is against the law! Last month, Eric Holder announced that the Justice Department would be providing young illegal entering deportation proceedings with 100 lawyers and paralegals through the Corporation for National and Community Service. But as the Heritage Foundation has already noted, Section 1229a(b)(4)(A) of the Immigration and Nationality Act explicitly bars legal services to illegal aliens that are provided at government expense.
As maddening as this ACLU lawsuit is, conservatives should let this serve as an ominous warning against cutting a deal with Democrats who claim they support enforcement first.
The notion that we are going to grant amnesty once again before securing our borders is so absurd that even the most militant followers of this dogma are forced to outwardly reject it. Even Senator John McCain and Lindsey Graham are now touting the importance of doing enforcement first. But as we’ve painfully learned over the past few years, their version of “enforcement first” means passing an amnesty bill that promises enforcement before legalization.
At its heart, our border crisis is not a legislative problem, it is an executive problem. We have had successive administrations, culminating with the current malfeasant president, who have refused to follow the laws on the books. Therefore, any promises to secure the border without actually waiting to see if those new laws are implemented, will only lead to a perennial cycle of amnesty and open borders.
But there is one more important angle to the order of operations – even to the extent that one can think amnesty is ever a good idea. Not only do we need an administration that actually implements the laws on the books, we need to wait a number of years thereafter to even consider any legalization.
We cannot forget the most powerful branch of government – the judiciary.
Even if we had an administration that preserved our sovereignty and implemented the said enforcement measures, we will still have to contend with the courts. The illegal immigration lobby has unlimited resources and access to truculent pro-bono lawyers. They will litigate every aspect of enforcement; from workplace enforcement and visa tracking to reforms to our welfare system and birthright citizenship status. They will even challenge construction of a border fence on environmental grounds, and have already done so in the past.
Sadly, judges all over the country have already thrown out enforcement measures across the country. Hence, by granting amnesty before these laws are given time to succeed in court, we run the risk of repeating the mistakes of the past.
The alacrity of the ACLU to create chaos and encourage lawlessness is just one more reason why we need to bury any discussion of amnesty for a very long time.
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