A report posted by U.S. Customs and Border Protection (CBP) on October 18 indicated that apprehensions of illegal aliens attempting to cross our Southwest border by the Border Patrol between ports of entry, numbered 408,870 for Fiscal Year 2016. While this figure is lower than the 479,371 illegal aliens caught in FY 2014, it is up from the 331,333 apprehended last year. Total apprehensions for the last four fiscal years come to 1,633,971 — which could unquestionably be viewed as an epidemic of illegal border crossings.
These figures were included in a statement from Secretary of Homeland Security Secretary Jeh Johnson posted on the CBP page of the Department of Homeland Security website. The statement correctly observed that the current illegal border crossers intercepted are “a fraction of the number of apprehensions routinely observed from the 1980s through 2008.” The statement also noted:
Meanwhile, the demographics of illegal migration on our southern border has changed significantly over the last 15 years — far fewer Mexicans and single adults are attempting to cross the border without authorization, but more families and unaccompanied children are fleeing poverty and violence in Central America. In 2014, Central Americans apprehended on the southern border outnumbered Mexicans for the first time. In 2016, it happened again.
As Johnson’s statement continues, the secretary focuses so heavily on Central American conditions prompting illegal immigration to the Unted States that he obfuscates the United States’ responsibility to deal with the crisis. It should be noted that the Constitution (in Article IV, Section 4) states that the United States shall protect each of the states from invasion — a word that many would apply to the movement of one and two-thirds million aliens across our border in the span of four years.
In his statement, however, Johnson diverts attention away from the Obama administration’s failure to meet its responsibility to control our borders by suggesting alternate remedies of dubious constitutionality to solve the border crisis. Among Johnson’s proposals:
Border security alone cannot overcome the powerful push factors of poverty and violence that exist in Central America. Walls alone cannot prevent illegal migration. Ultimately, the solution is long-term investment in Central America to address the underlying push factors in the region. We continue to work closely with our federal partners and the governments in the region, and are pleased with the $750 million Congress approved in FY 2016 for support and aid to Central America. We urge Congress to provide additional resources in FY 2017.
After dismissing presidential candidate Donald Trump’s proposal to build a wall along the U.S.-Mexican border, Johnson’ “solution” is a “is long-term investment in Central America” that apparently will go beyond the $750 million that Congress has already allocated for this purpose. The problem is, one can read the Constitution from beginning to end and not find one reference to granting power to Congress to provide funds for foreign aid for any purpose.
Johnson then goes on to advocate “comprehensive immigration reform” — which was an integral part of the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 co-sponsored by the bipartisan “Gang of Eight” group of senators. The Senate passed the bill 68-32 on June 27, 2013, but the House of Representatives never acted on it.
Senator Jeff Sessions (R.-Ala.) expressed sharp criticism of the “Gang of Eight” bill soon after it was filed: “It’s hard to believe, but the Senate immigration bill is worse than we thought. Despite assurances, the border is not secured before almost everyone in the country illegally is given amnesty. The bill guarantees there will be a rush across the border to take advantage of massive amnesty.”
Having been unsuccessful on many fronts to get congressional approval for plans granting amnesty to illegal aliens, the Obama administration has attempted to accomplish that objective by means of executive orders. Johnson has been the administration’s key point man in issuing such orders. He issued a memorandum on November 20, 2014 initiating the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program.
Johnson’s memorandum removed the age cap existing under the administration’s previous program (Deferred Action for Childhood Arrivals — DACA) and extended work authorization for illegal aliens qualifying for the program from two years to three years. It also expanded “deferred action” (another name for amnesty) to certain categories of illegal aliens, including those with a son or daughter who is a U.S. citizen or lawful permanent resident; those who have continuously resided in the United States since before January 1, 2010; and those who were physically present in the United States on the date of the memorandum.
However, a February 16, 2015 injunction by U.S. District Judge Andrew S. Hanen of the U.S. District Court for the Southern District of Texas in Brownsville in the case of United States v. Texas blocked the administration from implementing the DAPA plan to shield millions of illegal immigrants from deportation.
The Obama administration appealed the decision, but after a series of appeals the Supreme Court on October 2 rejected a request from the administration to rehear the case.
Despite the administration’s executive memorandum route being stalled in the particular area of implementing the DAPA program, Obama and Johnson have not given up on their quest to achieve what they call “comprehensive immigration reform” — a clever euphemism for amnesty for illegal aliens — in one way or another. Should Hillary Clinton win the White House next month, we can expect a continuation of the same policies, and perhaps even see Johnson staying on in his position.
Photo: AP Images
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