Sovereignty and Immigration

Currently, the United States has a serious problem with its own sovereignty. This problem is two fold, as I see it. On the one side is the immigration issue, and the other side is an issue relating to foreign affairs and the United Nations. In both cases, the federal government has sold out our national sovereignty to external and internal special interests, none of which have our best interests in mind. I will address the foreign affairs aspects of this problem in another article some time in the future. In this article I will focus on the immigration side of the issue.

It seems as though pretty much every aspect of the immigration issue has serious problems. Border security, visa practices, social and cultural incompatibilities, and a host of other problems have made immigration, and therefore national sovereignty, a major issue of the current Presidential campaign. Make no mistake, any problem with immigration is a sovereignty problem, and any sovereignty problem is, by definition, a national security problem.

As we know, there are many types of visas issued to individuals allowing entry into the country for various reasons. Student, work, business and immigration visas are issued by the millions every year. I would venture to say that a significant percentage of these visas would not be issued if practical security concerns were being addressed. It is all too clear that in many, if not most, cases, these concerns are not even considered, let alone addressed in any meaningful way. This has to change if we wish to once again become a sovereign, secure and free nation.

I do not profess to be an expert on the visa system, all I know is, as it is the visa system of the United States is overly complicated and rife with abuse from within and without. I am not going to pretend I know how to fix it. All I know is a more practical and much more secure system is needed.

In order to be issued a visa to enter the United States for any reason, the individual seeking the visa should be required to show, in practical terms, how their entry in to the United States benefits the United States. If there is no demonstrable benefit to granting entry to an individual, why, then, should we grant it? Any visa should be held to this standard, immigration visas in particular. In fact I believe people wishing to emigrate to the United States should be required to demonstrate not only the ability to adapt to American culture, but an actual desire to do so. I believe student visas should be done away with all together, and work visas should only be issued through a guest worker program like the one described later in this article.

It is also necessary, even with these more stringent standards, to have an effective means of enforcing visa and immigration laws and regulations. Over staying a visa should be difficult, and enough of a risk to constitute a real deterrent. Yes, there will always be those who seek to cheat the system, but the harder that is to do, the less it will happen, and the easier it will be to police.

The real problem we have with our visa system is the central problem we have with all of our immigration and border issues: Lack of enforcement. We have sufficient laws on the books already to at least get things going in the right direction. Unfortunately, due to the incompetent negligence of the federal government in this area over the past several decades, we have a much bigger problem now than just the presence of people who do not belong here.

A series of subcultures have grown up around the immigration issue, and many of them are hostile to the United States. Many immigrants, legal and otherwise, have no interest in acculturating. In fact, many have, as their stated purpose, the goal of changing the United States to fit their cultural, philosophical and/or ideological purposes. This is not only intolerable, in may cases it is down right treasonous. Fortunately, it is readily remedied if the federal government will simply do its job.

I would proceed with a plan that really does constitute comprehensive immigration reform. I know most people, when they see the word “comprehensive” immediately go back to the so called “gang of eight” bill or other proposed legislation that is similar. No, that is not what I am talking about. When I say comprehensive, I mean we take a step by step approach that does first things first, then moves in a practical and methodical way toward enforcing the laws, and, if necessary, making changes to the laws in order to restore order and implement a practical and secure immigration system.

This plan must obviously begin with enforcement. Using federal, state and local resources, including, if necessary, the entire National Guard, a task force must be marshaled in order to execute the plan. Once all of that is in place, the plan, including the detailed time line, must be announced and published publicly so everyone can read and understand it. Once the announcement is made, sufficient assets should be deployed to the border to physically close it. Other ports of entry, such air and sea ports, must also be secured.

On a given date, say ninety days after the initial announcement, the federal, state and local government task force will begin a crackdown on companies and individuals who may be employing illegal workers. Meanwhile, in the intervening ninety days, anyone caught attempting to enter the country illegally will be identified, finger printed and then deported. These individuals will never, under any circumstances, be allowed entry into the United States.

Anyone caught during this period of time that is here illegally, but can show they are in the process of leaving on their own, will be allowed to do so without interference. At the end of the ninety day period, if an employer is caught with illegal workers on the payroll, they will loose their business license and will most likely be subject to criminal prosecution. Any person found in the country illegally after the ninety day period will be identified, finger printed and deported. These individuals, like those previously mentioned, will never be allowed entry into the United States.

This solution is not perfect, as it will probably require some emergency measures. Those subcultures mentioned above will probably take the opportunity to riot and cause as much trouble as possible. When this happens, it must be dealt with swiftly. Contrary to popular belief, it is possible to put down a riot without violating the rights of the rioters. No one has a right to riot, so stopping them from doing so can not be a violation of their rights. This will necessarily be at the very least distasteful, and probably quite harsh, but the alternative would be unforgivable.

Once the enforcement portion of the plan has moved sufficiently forward, some changes to the structure of the Department of Homeland Security would be called for. I propose realigning a number of DHS agencies into a single agency responsible for border and airport security. The security of the seaways and seaports would remain the responsibility of the United States Coast Guard. This new agency, which for now I will call the “United States Home Guard” or USHG, would be created out of the current Border Patrol and Transportation Security Administration, TSA. In addition to those two agencies, assets and personnel of other agencies, such as the ATF, which serves no rational purpose, would be folded into the new USHG. In this way it is possible to have a significant increase in available personnel for security, without a significant increase in operational cost.

The USHG would be a hybrid military/law enforcement organization much the same as the Coast Guard is today. As the Coast Guard is structured much like the Navy, this organization would be structured much like the Army. Officers and Senior NCOs would be sworn peace officers. The USHG would be responsible for security of the border and all land based ports of entry such as border checkpoints and airports.

In addition to the security and enforcement aspects of the plan, the announcement mentioned above would also include details of a well regulated guest worker program to be initiated after our borders and ports of entry are secure. It would be necessary for nations wishing their citizens to be able to participate in this program to sign treaties prohibiting them from doing certain things, like dumping their “undesirable” citizens, or emptying their jails. In addition, they must also agree to participate in the vetting process, and allow the return of any worker returning to their country after participating in the program, no matter what the circumstances of his return.

This program would work through American embassies and consulates in those countries were such an agreement has been reached. The process would begin with employers in the United States. If an employer has a job opening, he must first make it available within the United States for a period of time, say thirty days. If no qualified person agrees to take the job in that period of time, then the employer may apply for a permit to submit that job to the guest worker program.

Workers in a given foreign country can go to their local consulate and apply for that job. When the worker makes an application he is first vetted. This includes fingerprinting. If the worker is qualified, has no record of illegal entry into the United States, has no criminal record, and is able to communicate sufficiently in English, then his application will be put through. If the employer agrees to hire the worker he is issued a temporary work visa that is good for that job in that location for one year.

It then becomes the responsibility of the employer to get the worker to the port of entry. Once there the worker is processed into the country. It then becomes the responsibility, again, of the employer to provide transportation from the port of entry to the place of employment. The employer is also responsible to insure the worker has access to adequate housing. The worker must be paid on the same scale as a local employee doing the same job. Both the employer and employee are subject to all federal, state and local laws just like anyone else, although the worker can not obtain a Social Security Card. The employee must have access to the same benefits as local employees, except for any benefit involving retirement. These guest workers will not be subject to medicare or social security taxes as they will not have access to those programs.

The guest worker must return to the same office in his home country every year to renew the guest worker visa. If he does not return to that office the visa is expired and thus void. If the employer does not wish to renew the workers employment the visa will also be voided. In this case, the worker may apply for other jobs which may be available, as long as he is still able to pass the vetting process. If a guest worker resigns, or is terminated or laid off, it is the responsibility of the employer to provide transportation to that employee through the port of entry.

If an employer finds a guest worker to be unsuitable for employment in the United States, he can file a report indicating such unsuitability through the program. This report must include specific information indicating the reason for a determination of unsuitability. This must then be reviewed by guest worker program officials, and if found to be legitimate, the guest worker may be barred from participation in the program, and could be barred from entry into the United States altogether. If the guest worker is involved in any criminal activity he will be deported, after serving any imposed sentence, and will never be allowed entry into the United States.

Implementation of such a plan will be difficult. There are state and local jurisdictions that believe national sovereignty is somehow a bad thing. It will be necessary to work around some of these jurisdictions. However it must also be made clear that anyone interfering with these operations will be met with criminal prosecution. Things like obstructing justice, interfering with the enforcement of duly enacted laws, and harboring fugitives are crimes and should be prosecuted accordingly. One benefit of this kind of operation is it will cause those who choose to be enemies of the United States and our constitution to come out into the open. There may, or may not, be anything we can do about it, due to the aforementioned constitution, but at least everyone will know who they are and what they really want.

Whether it is this plan or something different, the sovereignty of the nation can not be secured as long as this immigration and open border situation continues. The United States of America is a nation of free an sovereign individuals. The right to join us in this must be earned. It can not simply be given to anyone who makes it across the border. If we hope to remain free and sovereign as individuals, and as a nation, the immigration and border security problems we face must be positively addressed.

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