SCOTUS Ruling on AZ SB1070

The United States Supreme Court made what can only really be called a split decision over Arizona’s SB1070 immigration law. Some see it as a win for the state of Arizona, others as a win for Federal supremacy. I did laugh at the range of headlines form assorted newspapers and internet sites in response to ruling as it became evident what political stripe said groups were in based on their choice of headline. Perhaps the most amusing was HuffPuff’s (aka Huffington Post) use of the term “gutted”
 in their headline, when the ruling was actually quite the opposite.

What was upheld:

  1. Allowing local law enforcement officers to attempt to verify the immigration
    status of a person who has been stopped or detained for violating other laws,
    including moving vehicle violations.

This was one of the hot button issues involved with the law and one most often criticized as an overreach by the state of Arizona into Federal powers. With this ruling, the SCOTUS has made it clear that enforcement of immigration law for non-immigration related issues is lawful and appropriate.

What was struck down:

  1. A crime for illegals to be in Arizona.
  2. A crime for illegals to seek employment in Arizona.
  3. Authorized police officers to make warrantless arrests of anyone they believed had made a deportable offense.

I could see why these three were struck down. They could be seen as violating an array of laws and civil rights such as double jeopardy and protections from illegal search seizure to name but two.

Ultimately it is what it is: a split decision of which neither side can claim
complete victory. Already the pro-illegal supporters claim victory while
the anti-illegal supporters also do so. Overall, I’d say the decision was an minor victory for Arizona as the SCOTUS kept a key provision that the Federal government argued was their purview alone. That alone was a slap at the current administration’s dictatorial attitude and arrogant self righteousness of the Department of Justice towards the States.  I also see the decision as a push by the SCOTUS against the Federal government to start enforcing existing U.S. immigration law and working on genuine reform, not just pandering and declarative amnesty by politicians looking to be re-elected to office.

Regardless of the decision, it still does not address keys issues that needs to be resolved by the United States: immigration reform and illegal immigrants. Obama simply can not “wave his hand” and claim so called “Dreamers” effectively a free pass and not bring on the ire of many American citizens and legal immigrants, especially in states that bore the brunt of illegals eating up local services, who are tired of government policies that give the perception (rightly or wrongly) of favoring illegals and law breakers over those are citizens, legal residents, and law abiding. Solve the immigration policies and problems and you’ll solve much of the debate and concern over illegal aliens.

Unfortunately, given the issues surrounding illegals has been around since long before I was born and we have self serving politicians more interested in their party and their greed than the well being of the nation I don’t see any resolution coming in the near future. All I see is pandering and promises to Hispanics in vain attempts to get votes, not workable solutions.

America’s Shameful Immigration Policy: The Ferschke Case

Marine’s Widow Denied Residency

Has our nation really become so low and our laws, regulations, and government workers so out of date and out of touch with reality that the wives and children of our military personnel are being denied their rightful place as members and citizens of this nation simply because the military spouse died? I simply have to wonder why they are so concerned with denying a legitimate wife and child of a deceased American Marine residency yet these same bureaucrats think nothing of allowing illegal aliens to cross the border and are automatically allowed to stay after having their “anchor baby”.

It’s another disgusting, shameful day for America’s bloated bureaucracy and anachronistic laws. I hope the private bill being introduced by U.S. Rep. John Duncan will be dealt with quickly and not sidelined by ignorant and uncaring Congressmen and Senators so that Mrs Ferschke and her son will be allowed their rightful place here in the United States instead of being forced to leave in January. Doing otherwise is a slap in the face of all Americans and dishonors those military personnel serving our nation who may have a foreign born spouse and/or children.

It’s just more evidence on another issue being ignored by our so called leaders: immigration reform.


So Obama now puts forth his National Guard Plan to “secure the border”. The low numbers of personnel and the size of the border make this gesture meaningless, especially to those of us who’ve lived for decades with Washington’s refusal to solve the illegal immigration problems in this country. Instead this is more pandering to the dimwitted who will fall for symbolic gestures rather than meaningful changes.

We know none of the political parties have any interest in solving the issue as each side makes promises to come up with solutions and then quickly forgets those promises once the election is over. Instead they actively undermine the laws of the United States in a number of ways: refusing to enforce the law, delaying immigration reform, politically and legally attacking law enforcement officials who enforce laws by claiming discrimination and rights violations, and so on. All the while these same politicians do nothing to address immigration reform, pressure businesses not to hire illegals, address human smuggling and extortion involved in the illegal border crosser, and tighten loopholes to prevent illegals from abusing the system nor provide and significant assistance in helping services that are being abused.

Of course President Obama Begins Push for Immigration Reform |, yet noting that it won’t get done this year. Surprise. Guess what it won’t get done next year either. Why? Election year. This is the same old arguments that have been used for decades to willfully and criminally ignore the problem.

Some ideas for immigration reform that many on both sides of the issue will hate. Note that these are not my ideas, just ones I’ve heard of. My personal ranking are added as Favorable, Practicle, Grudgingly Practicle (neccessary but not necessarily the ideal option), and Unfavorable.

  1. Close the loop hole that allows for “anchor babies”. Change current laws so that non-citizens illegally living and working the United States do not get automatic citizenship for any child born here. On the flip side, those living and working here through normal visas and work visas (see #2) would allow their children to become automatic citizens since they would be in country legitimately. Practicle.
  2. Create a temporary work visa and a national foreign worker photo identification card for foreign workers that balances the need for workers without harming US citizens. Favorable.
  3. Create and enforce a national verification check system similar to the one used in Arizona as well as a matching employer sanctions law to enforce and punish those that would hire illegal immigrants. Favorable.
  4. Change the number of illigal immigrants allowed to legally come this country to a more balanced and fair procedure. Favorable.
  5. Illegal normalization program. For one year, and one year only, this program would in effect allow illegal immigrants to come forward and register as documented workers after proving no laws outside of those related to their illegal immigrant status was violated, pay a fine and backtaxes, but would otherwise incur no further criminal penalty. For those seeking citizenship their previous years would not count towards the required time. For those seeking only a work visa they would be required to leave the country and apply for a work visa without any incurred penalty. After the time period was up, all illegals caught by law enforcement would be summarily deported without legal recourse and placed on a 15 year ban on entry into the country. Grudgingly Practicle.
  6. Five Year Rotation Plan. For those on work visas, if they decide they do not wish to become citizens, then their work visa is revoked after 5 years and they are ineligible for 5 years for another visa in order for other workers to have an opportunity to work in the United States. Practicle.
  7. Blanket amnesty to all non-violent illegal immigrants. Unfavorable.