Baseball Crank
Covering the Front and Back Pages of the Newspaper
November 30, 2007
LAW: Swift Justice and the Immigration System

The speed of the deportation process at work - the name may not ring a bell for some of my younger readers:

CINCINNATI - A lawyer for a former autoworker accused of being a Nazi death camp guard on Thursday challenged the right of the nation's chief immigration judge to order his deportation.

The 6th U.S. Circuit Court of Appeals heard arguments on the accused guard John Demjanjuk's challenge to a final removal, or deportation, order issued in 2005. The federal government has been trying to deport him for three decades.

The three-judge panel didn't say when it would rule, but it's usually several months after arguments before the court issues a decision.

The arguments revolved around whether an immigration judge had the authority to order the removal of Demjanjuk, 87.

Of course, this is why both advocates and opponents of aggressive use of the deportation system are fooling themselves and/or their listeners; whatever the merits of other options for controlling the border (employer enforcement, fencing, etc.), we simply don't and aren't likely to ever have procedures in place to handle large numbers of deportation proceedings with great dispatch.

Posted by Baseball Crank at 10:08 AM | Law 2006-08 | Comments (7) | TrackBack (0)
Comments

I remember when the case against "Ivan the Terrible" started. In fact, I recall when he claimed he was another death camp guard. The prosecutor said if "he wasn't Ivan the Terrible, then he was a terrible Ivan." Anyway...

You are right Crank, we are not equipped for giving anyone the boot, much less millions. Plus, for no other reason that the important one, that there is a compelling national interest to NOT deport millions of illegal immigrants, we should develop a sane plan, and not let some fake patriots in a couple of states dictate national policy. It's the job of Congress and the President.

Like it or not, we have allowed, and in fact, welcomed, illegal immigrants to come here and do the jobs we don't want to do. Since the majority of those illegals are here and 1. Picking our food, 2. working in our restaurants and 3. building our infrastructure it is stupid to think that it is in our national interest to have $50 heads of broccoli. They are here. Let's get them registered. Give them the right to be paid and pay taxes and get insurance. However, they did come in against the law. Generally because they were hungry--well, the Constitution is not a suicide law, and neither should basic existence be. They are making money here because they have a job, a real one. Basic, entry level, but damn it, it's a job. But they broke the law. So let them stay. The penalty? They can keep a work permit, upward mobility lets you get better here, many will start businesses, but don't let them become citizens. No right to vote. No right to be a juror. Maybe a few others.

Posted by: Daryl Rosenblatt at November 30, 2007 11:19 AM

Daryl,

While I concur with you summary of the situation, I am not in favor of just giving them a work permit and giving them a pass on being here illegally. If we don't make them stand in line behind those who have come in legally, what stops more from coming over? Why get a work permit when you can still come in w/o one, get a job, and pay no taxes? If you are caught w/o a permit, what do we do? If we won't send them back now, why would we do it if they don't have a permit?

I wish I had a pefect solution, but I don't. I can only see a solution working where people need to be sent back if they are here illegally. Also we need to get tough with employers. They need to verify the person is legal.

Lastly local government can't ignore the immigration laws. They must enforce them.

I am all for expanding a legal means for people to work here but not at the expense of turning a blind eye to people here illegally.

Our country is founded on giving people from all walks of life and from all countries the opportunity to be free. BUT this must be done via legal entry into the country, not by overwhelming us with people crossing our borders illegally and then saying "there are too many of us, you can't send us home".

Posted by: Lee at November 30, 2007 12:01 PM

Lee, it sounds good, and in a perfect world I would agree with you. I think what Crank pointed out is that it is taking 30 years, 30 friggin' years to deport one Nazi war criminal!!! If it takes that long for one person, who, let's face it, nobody wants, how are we going to do it for the millions. I don't say it's right, just what is practical.

OK, so we add on a penalty; they are paying taxes by the way, sales taxes. So maybe the idea of a national sales tax is the way to go instead of income, you pay as you go, legal or not. Plus, they have to pay a penalty tax also. I don't know, but there will be too many cases of that Cheech Marin movie where somebody with a Mexican look and a spanish accent, who is an American citizen, and of course doesn't carry his passport (hell, I don't), and if he doesn't drive, is going back on a van. Sounds like maybe that's why Demjanjuk is still here. He has experience with moving lots of people in tight places where they don't want to go.

Posted by: Daryl Rosenblatt at November 30, 2007 3:49 PM

I think he's an American citizen. That can--and should--slow down the deportation process a little bit.

But yeah, no way we're going to throw out 20+ million people.

Posted by: spongeworthy at November 30, 2007 4:27 PM

I always wondered how the number 20 million was conjured up? How do you count illegals?

Posted by: Lee at November 30, 2007 7:21 PM

Daryl, what is the responsibility as the jobs dry up? I do not wanted folks registered if the best place for them is their hometown. I have heard all the capitalistic abuse points of view: bullshit. A large portion of society chases the money, not a thing wrong with that. When it's over migrant workers have a decision to make, and are owed nothing. New skills and cashed paychecks are the compensation.

Posted by: abe at December 1, 2007 3:42 PM

By the way, can anybody put a positive spin on that trade? Please? LM was movable, but for comparable worth. Seems like he was tossed for a ham sandwich and a bag of balls. I'd love to hear from anyone who likes the trade, provide the logic behind loving the move is not Lastings hate.

Posted by: abe at December 1, 2007 3:45 PM
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