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PREDICTION ON IMMIGRATION REFORM

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  • #46
    Nobody predicted that neither the enforcement nor guest worker program will pass Senate and Congress in February.

    Illegal immigration problem remains unchanged and unresolved.

    US Senate has failed in February to take up either the enforcement bill or guest worker program bill.

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    • #47
      In my humble opinion, if the House bill passed the Senate "as is" and was sanctioned into law by President Bush, it would result in one of the biggest fiascos in legal history.
      The retroactive application of a newly enacted criminal statute is unconstitutional. This is not my opinion, it's the U.S. Supreme Court's opinion and as such it is binding upon federal and state law, regardless of its nature.
      A criminal case is not as simple as one may think. Producing an indictment can be tricky and sometimes the indictment itself will be dismissed or rejected based on the rules of criminal procedure.
      Not surprisingly, these reasonings are also applied by immigration activities when they "stop the clock" based on the "commission" of criminal activity. Note that the rule does not mention conviction or discovery, but "commission" of the offense.
      If the retroactive application of a criminal statute is to be enacted as law, you can forget about eleven million new felons. Remember, under conspiracy law, everybody who's been in contact with the offenders and did not report the activity could be charged as an accessory, aiding and abetting, obstruction of justice (active behavior) or misprison of a felony (passive behavior). You can pick the charge or combination of charges you like best; the ridiculous part of all this is that under 18 U.S.C. most of these charges carry a longer sentence than the underlying crime! Why? Simply because "unlaful presence" is being turned into a felony not because of it's natural threat to society, but as an artificial mechanism to secure a removal.
      Congress has the ultimate power over non-citizens, but even Congress is subject to the Constitution and without an amendment, no statute of law can supersede or conflict with this paramount rule of law.

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      • #48
        An "enforcement only" bill is not a reform bill. The reverse is also true.
        Enforcement means "compliance with a rule of law by means of force or action". An enforcement-only bill would enforce the INA in it's present form.
        Any change to the statute of law in either a small or a drastic way would mean "reform" not "enforcement".
        Given the construction of the argument used in this forum regarding an "enforcement only" bill, where the word "only" serves to re-affirm the plain meaning of "enforcement"; any such bill would not change, alter or modify the wording of the law but would provide mechanisms to make sure the existing statutes are strictly followed and applied in each and every case without deviation; by force or affirmative action.

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