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Obama, Deporting Criminals, and the DREAM Act

President Obama purports to be in favor of deporting one category of illegal aliens, at least: criminals. At his El Paso speech on immigration reform, he touted his administration’s record (to boos from the crowd) of deporting “people convicted of crimes.”

Why, then, does Obama support the DREAM Act? (We will leave aside the fact that Immigration and Customs Enforcement’s actual performance deporting criminals is lackadaisical at best.) The DREAM Act would confer legal status and immunity from deportation on illegal aliens with criminal records. Just which criminal offenders would be eligible for amnesty is unclear from the poorly drafted statute. At the very least, illegals who have been convicted three times of misdemeanors and sentenced to under 90 days in total would be eligible (so long as they meet the act’s other residency and education requirements). Whether someone with six convictions sentenced to two weeks each time, say, would qualify is unclear. Given the universal practices of pleading down felonies to misdemeanors, putting offenders on probation rather than sentencing them to overcrowded jails, and failing to prosecute arrestees at all, a wide variety of serious miscreants would be included in the category of criminals with “only” three misdemeanor convictions and 90 days in jail. Harried big-city prosecutors usually treat the theft of a car as a “non-serious” offense unworthy of jail time, so long as you don’t use a gun to steal it. But even if only so-called “minor offenses” were covered by the DREAM Act’s big amnesty tent — shoplifting, for example, or drug possession, drunk driving, and other assaults on public order — why should any criminal offender qualify for legal status, especially after having already broken the law to enter the country in the first place?

The DREAM Act sponsors have never publicly justified their desire to protect illegal-alien criminals from the mere possibility of deportation. But the claim that it is unfair to deport alleged “minor” criminals is ubiquitous in the advocacy community; it drives the building opposition to ICE’s Secure Communities program (which checks jail inmates against ICE databases).

A series of cascading deceits and fictions lies behind this widespread call for amnesty for criminals:

First lie: So-called “minor” offenses are innocuous and do no harm. Tell that to a struggling property owner whose sole investment has just been defaced with graffiti and now faces the choice of shelling out the money and labor to remove the blight or leaving the graffiti tags up and signaling that his property exists in a crime-ridden neighborhood. Someone whose bag has just been stolen from a movie theater hardly feels safe and unviolated. A hard-working resident of a poor community whose children have to navigate around the drunks hanging out on the corner each afternoon would love surcease from the alleged “minor” offenses of public drinking and loitering. “Minor” offenses are criminalized because they do real harm to neighborhoods and to individuals’ sense of security. The idea that we should do everything we can to keep “minor” offenders in the community and in the country is ludicrous.

Second lie: It is all but impossible not to acquire a criminal record. The outrage against deporting “low-level” criminals only makes sense if you believe that becoming a “low-level” criminal lies outside the normal range of self-control. Clearly that is not the case. Far more people obey the law than fail to obey it; those who don’t obey it have made a conscious choice to violate social norms and should rightly be held accountable — especially when they have no right to be in the country in the first place. It speaks to the sense of entitlement on the part of illegal aliens that they continue to commit crimes despite their illegal status.

Defenders of the rule of law should draw a line in the sand regarding both the DREAM Act and the Secure Communities program: No amnesty for criminals. They should force DREAM Act proponents and Secure Communities opponents (now including Illinois governor Pat Quinn and a raft of New York State politicians) to explain why anti-social lawbreakers deserve protection from deportation. Force the amnesty advocates to say, as they must: “Stealing from a hardware store in Harlem or Southside Chicago is no big deal.” “Driving without a license or while drunk is a trivial oversight.” Illegal-alien activists constantly tout the alleged law-abidingness of illegal aliens. If illegals are in fact such model citizens, their advocates shouldn’t object to requiring a clean record to qualify for amnesty, since such a requirement would exclude very few illegals from eligibility. Or would it? 

New on The Corner. . .


COMMENTS   8

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   05/12/11 20:06

Obama doesn't care if the DREAM Act passes. He just wants it to be a political futbal, hoping Hispanic voters are stupid enough to forget that the Democrats had two years to pass it, but instead it got thrown under the bus for Obamacare. Now he demands they vote for him again, because this time he really means it when he says it's his highest priority.

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   05/12/11 20:27

When my husband and I lived in California, he was hit head-on by a drunk illegal immigrant with no drivers license and no insurance who had been arrested - and returned to Mexico - on three previous occasions for DUI. The police told us there wasn't much they could do other than return him to Mexico yet again, as the state didn't have the resources to deal with him and federal immigration authorities refused to take custody of him. Our auto insurance paid for the totaled SUV, less the $500 deductible we paid out of our pocket, as well as for the personal injuries of the two passengers in the vehicle.

Until you've personally experienced the consequences of our government's refusal to deal effectively with illegal immigration, it's easy to be compassionate and tolerant. But the truth is not all illegal immigrants are hard working, decent people who come here for a better life. Some illegal immigrants break our laws and kill and injure innocent people, either intentionally or because of irresponsible, illegal behavior. And they get away with it because they're illegal immigrants. If the drunk driver who hit my husband's vheicle had been an American citizen, he would have received a lot more than a night in jail and a free ride home. In fact, that would have been his third strike and he would have spent the rest of his life in prison.

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   05/12/11 20:34

>"Obama purports to be in favor of deporting one category of illegal aliens, at least: criminals."

Illegal aliens are criminals, by definition, just as illegal takers of money from banks are. It's one thing for the left to engage in these linguistic gymnastics, but do people on the right really have to play along with their game?

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Maimonides
   05/12/11 21:29

Heather, you're right to point out the hypocrisies of the Open Borders crowd (left and right) on this one.

However, you give too much ground on assuming that it would be OK to amnesty any illegal aliens before undertaking a major enforcement program.

We need enforcement of the laws first and foremost. Just as you correctly note that laws against public drunkenness and vandalism are laws for a reason, so are our immigration laws. And just as the graffiti artist or drunk driver are criminals and must be held accountable for their actions, so is it with illegal aliens.

Moreover, has anyone ever asked what it would cost us to amnesty 11 million (or 30 million for all we know) illegals? What it will do to our education and income levels or how it will affect the "competitive" "innovation economy" that we will use to "win the future" when we swell society with uneducated, unskilled workers?

Obviously, you are not a supporter of amnesty, Heather; but you shouldn't give them any ground, either. Being "for" the violation of a law, especially one that more than any other will determine our future as a nation and people, is madness; and it is how countries and societies crumble.

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 cab
   05/12/11 22:40

Isn't this how Rome disintegrated? Losing the will to repel invaders and enforce the law. Roman citizenship was a most highly prized status ... until it meant nothing anymore.

The cynicism of the Democrats is frightening: they destroy the country, believing that they, the ruling class, will be left to run the place from their limos and mansions.

I hate to say this, but we're much closer to that bleak vision than I would ever have thought.

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Grass roots
   05/12/11 22:54

To Jenna: excellent comment, and sadly I hear stories like yours all the time.

The DREAM Act is a huge, flawed amnesty scheme that must be rejected as this would serve only to encourage more illegal immigration.

And I am sick and tired of the illegal alien sob stories as well -- there are plenty of AMERICAN sob stories that never get slapped on the front pages of major newspapers.

No amnesty. Enforce current laws and decrease the illegal population over time through attrition enforcement policies.

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   05/12/11 23:13

Force the amnesty advocates to say, as they must:

Are you serious? They'll happily agree to any threat level or minimum sentence gets you to shut up - including parking tickets.
After it passes, they amend the list to remove everyone except serial killers.

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Sprite
   05/13/11 15:37

The very nomenclature "illegal" immigrants or aliens makes these people, law-breakers, in other words: criminals. so they all need to be returned, none of their children should be allowed to become citizens of this country, and the countries they came from should be fined heavily for allowing them to escape from their home countries. Anyone who 'aids or abets' criminals should be punished to the extent of the law. We do have laws on the books and the present government is not following those laws. If they were, we would not be having this conversation!

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