Sunday, June 17, 2007

It's Not The Immigration System That's Broken

I keep hearing the same tired old excuses about why we should accept the current proposal for immigration reform. We are told our immigration system is broken and we need to fix it. We hear that America needs a guest worker program to bring in workers to do the jobs that Americans won't. You know what, I am absolutely sick of it!

How can you tell if a system is broken if you have never tried to use it? To the people that would fall for the blatant propaganda and outright lies, I would urge you to do some research on your own before accepting for truth what your elected officials are telling you. Go to your local library or go online and look up Title 8 of the United States Code, it has all our laws regarding every aspect of immigration.

Just to show you that our immigration system is not broken I will present a few examples of our current immigration law.

Section 1181, Admission of immigrants into the United States says:

Except as provided in subsection (b) and subsection (c) of this
section no immigrant shall be admitted into the United States
unless at the time of application for admission he (1) has a valid
unexpired immigrant visa or was born subsequent to the issuance of
such visa of the accompanying parent, and (2) presents a valid
unexpired passport or other suitable travel document or document of
identity and nationality, if such document is required under the
regulations issued by the Attorney General.

Also, Section 1227 lists the various classes of deportable aliens.

Any alien who is present in the United States in violation of
this chapter or any other law of the United States, or whose
nonimmigrant visa (or other documentation authorizing admission
into the United States as a nonimmigrant) has been revoked
under section 1201(i) of this title, is deportable.

That proves that they have entered our country illegally and are eligible to be deported. Two violations of the law already.

For someone to enter this country on a visa they have to have a sponsor. That sponsor must fill out numerous forms and include an affidavit of support as per Section 1183a of Title 8. Section (a) states:

(1) Terms of affidavit
No affidavit of support may be accepted by the Attorney General
or by any consular officer to establish that an alien is not
excludable as a public charge under section 1182(a)(4) of this
title unless such affidavit is executed by a sponsor of the alien
as a contract -
(A) in which the sponsor agrees to provide support to
maintain the sponsored alien at an annual income that is not
less than 125 percent of the Federal poverty line during the
period in which the affidavit is enforceable

That means that it is the sponsors obligation to be financially responsible for the immigrant, not the taxpayers by virtue of tax funded social service programs.

Finally each and every alien who is here now is to be registered and fingerprinted as per Section 1302 of Title 8.

(a) It shall be the duty of every alien now or hereafter in the
United States, who (1) is fourteen years of age or older, (2) has
not been registered and fingerprinted under section 1201(b) of this
title or section 30 or 31 of the Alien Registration Act, 1940, and
(3) remains in the United States for thirty days or longer, to
apply for registration and to be fingerprinted before the
expiration of such thirty days.
(b) It shall be the duty of every parent or legal guardian of any
alien now or hereafter in the United States, who (1) is less than
fourteen years of age, (2) has not been registered under section
1201(b) of this title or section 30 or 31 of the Alien Registration
Act, 1940, and (3) remains in the United States for thirty days or
longer, to apply for the registration of such alien before the
expiration of such thirty days. Whenever any alien attains his
fourteenth birthday in the United States he shall, within thirty
days thereafter, apply in person for registration and to be

So right there we have three clear cut violations of U.S. law that have not been enforced since 1986 when we granted the last amnesty. I could list many more but I think you get the picture.

The other thing that really makes my blood boil is when I hear that we need more guest workers to do the jobs that Americans won't. For one thing there is no job an American won't do if the pay is right. If there were no illegal aliens in this country to pick the crops, the farmers would have to raise the salary until it was enough for an American to accept that type work. Supply and demand 101.

But to hear George Bush speak we need a guest worker program to bring in more workers to this country. By golly Mr. President, I don't think we need comprehensive immigration reform for that. Just crack open Title 8 of the U.S. Code to sections 1160 and 1188. Section 1188 outlines just what you are looking for, a program designed to bring in guest workers. It states:

Sec. 1188. Admission of temporary H-2A workers

(a) Conditions for approval of H-2A petitions
(1) A petition to import an alien as an H-2A worker (as defined
in subsection (i)(2) of this section) may not be approved by the
Attorney General unless the petitioner has applied to the Secretary
of Labor for a certification that -
(A) there are not sufficient workers who are able, willing, and
qualified, and who will be available at the time and place
needed, to perform the labor or services involved in the
petition, and
(B) the employment of the alien in such labor or services will
not adversely affect the wages and working conditions of workers
in the United States similarly employed.
(2) The Secretary of Labor may require by regulation, as a
condition of issuing the certification, the payment of a fee to
recover the reasonable costs of processing applications for
(b) Conditions for denial of labor certification
The Secretary of Labor may not issue a certification under
subsection (a) of this section with respect to an employer if the
conditions described in that subsection are not met or if any of
the following conditions are met:
(1) There is a strike or lockout in the course of a labor
dispute which, under the regulations, precludes such
(2)(A) The employer during the previous two-year period
employed H-2A workers and the Secretary of Labor has determined,
after notice and opportunity for a hearing, that the employer at
any time during that period substantially violated a material
term or condition of the labor certification with respect to the
employment of domestic or nonimmigrant workers.
(B) No employer may be denied certification under subparagraph
(A) for more than three years for any violation described in such
(3) The employer has not provided the Secretary with
satisfactory assurances that if the employment for which the
certification is sought is not covered by State workers'
compensation law, the employer will provide, at no cost to the
worker, insurance covering injury and disease arising out of and
in the course of the worker's employment which will provide
benefits at least equal to those provided under the State
workers' compensation law for comparable employment.
(4) The Secretary determines that the employer has not made
positive recruitment efforts within a multi-state region of
traditional or expected labor supply where the Secretary finds
that there are a significant number of qualified United States
workers who, if recruited, would be willing to make themselves
available for work at the time and place needed.

So Mr. President, it appears we already have immigration laws in place. They are just sitting there waiting to be enforced. I guess we don't need your comprehensive immigration reform, all we need is a fence and a government with enough balls to enforce existing law.

One last thing, if we are to use the presidents standards of measuring whether or not something is broken or not, I guess we would have to assume that our government is broken as well, because it just doesn't work anymore. Maybe it is time for a little comprehensive government reform. What do you say about that people?

Neal is fed up with a fat, dumb, apathetic America and is dedicated to saving America from itself and a corrupted version of our Constitutional government. Please contact Neal at for permission to reprint his articles.

Neal's writings can be found at:

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