81 Percent of Americans Favor Legalizing Undocumented Immigrants

 

SANTA FE, NM (By Jon Garrido, The Jon Garrido Network) January 14, 2011, revised January 16 ― Poll after poll shows Americans believe in strong border security and bringing undocumented immigrants out of the shadows.

 

81 percent of Americans now favor legalizing undocumented immigrants, according to a CNN poll.

It’s not only Democratic voters who want to see Congress provide undocumented immigrants a path to legal status but a majority of Republicans as well.

 

According to an August POLITICO poll, 59 percent of Republican voters said they support immigration reform that contains a legalization component.

This means, contrary to what we have been led to believe, former Rep. Tom Tancredo (R-Colo.), Jon Kyl, John McCain or Jeff Sessions don’t speak for the conservative movement on immigration — merely for a small group of anti-free-market restrictionists who say the U.S. is overpopulated and don’t want our businesses to bring in foreign labor they need. Clearly, these are not traditional conservative positions!

With Republicans now in control of the House and increasing their numbers in the Senate, they should be aware the American people — including most conservative voters — expect them to support Immigration Reform.

 

Democrats and Republicans in the U.S. House & Senate need to propose practical measures that will begin to put our immigration laws in order in a way consistent with the rule of law, national security, economic needs and a humanitarian program that eliminates draconian immigration laws that give the illusion there is a line for immigration but in reality, the line does not exist!

 

It takes as much as 20 years for someone from Mexico, Central or South America to begin the immigration visa process by applying for a visa in the American consulate in their country.

 

For security reasons, undocumented immigrants in America need to be identified and allowed to function the same as American citizens with all rights and privileges accorded to citizens of the USA.

 

Therefore, Hispanic News and Solidarity USA believe to achieve support from most Americans, the border needs to be sealed from further unauthorized entries especially drug smuggling. This in itself will bring an end to the mayhem in Mexico.

 

In return for support of these issues, undocumented migrants need to become part of America's tapestry allowed to live and work in the United States with the same rights and privileges of American citizens.


What should a Democrat/Republican plan look like?

 

First, it should strengthen and expand border security. The Obama administration’s response to the increasingly ghastly violence along our Southern border has been lukewarm. The border should be completely sealed preventing the entry of undocumented persons and all contraband particularly the smuggling of illegal drugs.

To seal the border, at least 6,000 more National Guard troops should be deployed along the border. The 1,500 guardsmen the Obama administration has authorized are insufficient for the task.

 

To identify all 11 million undocumented persons living in the United States, temporary status will be issued to each allowing each person to remain in the United States and qualify for expedited "legal permanent resident" status and U.S. citizenship. All beneficiaries will register with the appropriate U.S. agency to obtain temporary status and begin completing citizenship requirements. Beneficiaries of temporary resident or work status will be required to perform 10 hours of community service to expand the number of beneficiaries who are hesitant in coming out of the shadows and registering with the appropriate U.S. agency.

 

All undocumented migrants given temporary status are authorized to reside, work or attend school anywhere within the confines of the United States with access to travel back and forth from their homeland. Beginning with temporary status, all who attend school shall pay the same school tuition as all others living in the same state.

 

Federal Immigration Reform legislation will supersede all legislation adopted by all government entities such as village, town, city, county and state governments thus declaring Arizona SB 1070 or similar laws null and void.

 

All undocumented migrants given temporary status shall be entitled to receive without exception all local, state and federal services, programs and permits available to others in their home state.

 

In addition, all tax credits for schools shall be eliminated thus restoring the level of funding for public schools where undocumented students attend.

 

In addition, there shall not be any prohibition of local, city, county, state or federal educational programs such as Mexican American ethnic-studies programs.

 

All undocumented immigrants’ offspring will be granted automatic citizenship if born on American soil and all states will be required to issue a birth certificate to each child affirming the policy, long rooted in the Constitution’s 14th Amendment.

The federal E-Verify program will continue use to enable employers to determine prospective employees’ eligibility to work in the United States.

These enforcement measures, however, are not likely to be enough to begin fixing our dysfunctional immigration system. We need to recognize our economy has a demand for foreign workers. They are performing jobs Americans don’t want or for which there are few or no Americans of working age. This demand for foreign workers will not supersede family reunification as the main thrust of new Immigration Reform.

 

Mexico: 34,612 drug-war deaths in 4 years

 

The United States for our own national interest and security must provide assistance to Mexico to lessen explosive drug relating killings and until such time Mexico makes constitutional changes regarding the rule of law, the present U.S. Immigration quota is hereby lifted for Mexico thus allowing Mexicans to utilize normal visa immigration procedures and policy for entry into the United States in lieu of having Mexicans stream unauthorized into the United States crossing a line in the sand or river that divides both countries.

Mexico is a land at siege characterized by 34,612 people who have who have died in drug-related killings in Mexico in the last four years.

President Felipe Calderón’s effort to reorganize local police forces and clamp down on money laundering in the fight against organized crime has suffered a setback with the failure of the Mexican Congress to move forward on the initiatives.

34,612 people killed are now attributed to the drug war in Mexico but Mexico in itself is a country of vast corruption graphically portrayed at all levels fueled by the ineffectiveness of the government of President Calderon who is helpless in overriding the Congress of Mexico whose legislative members attain immunity from Mexican law that provides legislators freedom from prosecution.

The drug related killings are clearly destroying Mexico's well being but the most profound villain in Mexico is the lack of the Rule of Law that should mandate Presumption of Innocence instead of Guilt.

The only way to bring about a Mexican Rule of Law that is just is to revise Mexico's Constitution and without outside intervention by Mexicans living in the United States and Mexican Americans, Mexicans in Mexico who have tried before to make constitutional changes without success will never achieve Constitutional reform.

Reform success can only come about by Mexicans living in Mexico and in the United States fully understanding the inadequacies of a draconian unjust judicial system now in use in Mexico. Most Mexicans have no idea what happens in a courtroom. Only specific parts of a trial are open to family members and others. The rest, including evidence for or against the accused, is sealed to the public until the case is closed.

Another indication of Mexico's failed legal system is the lack of jury trials. In the majority of cases, there are also no oral arguments, meaning lawyers don't stand in front of a judge or jury to plead their client's case. Judges usually never meet the accused. Everything is done via paperwork. Judges are subject to a Napoleonic code of justice, meaning laws are strictly codified, leaving them little room for judgment.

The worst common practice is judges are corrupt and can easily be bought rendering Mexico's judicial system a travesty. A charade of switching Presumption of Innocence written in the U.S. Constitution of the United States of America to the polar opposite Presumption of Guilt as provided in the Constitution of Mexico provides fertile soil for buying a decision from a corrupt judge.

Only Mexicans can change Mexico's judicial system; however, considerable influence can be brought by Mexican Americans and Mexicans living in the United States who have become "Temporary Resident Pending U.S. Citizenship."

Immigration Reform as proposed by Solidarity USA and Hispanic News

 

Above and below is a draft in a continuous flux of change as recommendations and feedback will alter the scope of the Solidarity USA/Hispanic News proposal. The plan is not perfect but it is a beginning. The only way to achieve the plan becoming law is the Hispanic News and Solidarity USA Plan must be shared with everyone across the United States to build consensus to move Immigration Reform forward.

 

If the entire Hispanic community across America gets behind this plan, it will enable Democrats and Republicans to find common ground for all Americans to support Immigration Reform to proceed.

 

Hispanic News and Solidarity USA invites comments by forwarding an email to Jon@JonGarrido.com that will be considered in modifying the text of this plan:

 

Salient Points:

 

•

6,000 U.S. National Guard soldiers shall be sent to the U.S. Mexico border to secure border from anybody or anything entering into the United States without authorization. The U.S. National Guard will remain on the border for a period of 10 years with automatic extensions of additional 10 year periods except for in time of war. Deployment of the U.S. National Guard away from the border only if in the best interest of the United States as determined by the President with consent of the U.S. Senate.

• The U.S. National Guard will assist securing the border with U.S. Border Patrol serving as primary enforcement to receive detained persons from the U.S. National Guard, process fingerprinting and release detained persons back to Mexico.

•

Anyone crossing the border into the United States is fingerprinting and released back to Mexico. No one is arrested  —  no need for Miranda Rights. Anyone apprehended is ineligible for entry for five years into the United States.
• No drugs shall be allowed to enter the United States. The U.S. National Guard will turn over all persons apprehended for drug smuggling to U.S. Customs for detainment and processing.
• U.S. Customs will detain and process drug smugglers complying with all required civil rights requirements such as Mirada rights. All persons convicted of drug smuggling will serve a mandatory ten year jail sentence then deported and prohibited from entering the United States for 25 years.
• No firearms shall be allowed to leave the United States. All vehicles leaving the United States will be searched. U.S. Customs will detain and process firearms smugglers complying with all required civil rights requirements such as Mirada rights. All persons convicted of firearms smuggling will serve a mandatory ten year jail sentence, deported and prohibited from entering the United States for 25 years.
• No wire transfers by individuals that exceed $500 shall be permitted to Mexico and other Latin American companies.

•

All ICE detention facilities will be permanently closed except used for other purposes of detaining drug and firearm smugglers awaiting court proceedings.
• The 287(g) program will terminate and not be re-established in any form.

•

Upon Immigration Reform legislation becoming law, all undocumented persons in the United States are automatically classified for a period of five years without extension as "Temporary Resident Pending U.S. Citizenship" that shall entitle all persons to live and work in the United States with all rights and privileges of a U.S. Citizen. All will be given U.S. biometric Social Security Identification Cards stating the bearer is entitled to all rights and privileges identical to U.S. citizens.

•

All persons classified as "Temporary Resident Pending U.S. Citizenship" shall be given an expedited process identical to the process given Cubans who touch U.S. soil in becoming U.S. citizens.

•

An affirmation statement will be included in the Immigration Reform Law "all persons born in the United States or born with one parent of an American citizen shall be citizens of the United States without exception."
• An affirmation statement will be included in the Immigration Reform Law "The Supremacy Clause in the United States Constitution, Article VI, Clause 2, asserts and establishes the Constitution, the federal laws made in pursuance of the Constitution, and treaties made by the United States with foreign nations as "the Supreme Law of the Land." The text of Article VI, Clause 2, establishes these as the highest form of law in the American legal system, both in the Federal courts and in all of the State courts, mandating all state judges shall uphold them, even if there are state laws or state constitutions that conflict with the powers of the Federal government to govern the rights of the undocumented.  All undocumented and their children shall be guaranteed safe harbor and be protected by all provisions of the U.S. Constitution.

•

All laws of states, cities, towns and other local jurisdictions directed toward undocumented immigrants, and migrants that diminishes the rights and privileges of designated groups or person shall be vacated, declared invalid, null, and void. All undocumented and their children will not be denied access to any local, state, or federal program available to any U.S. citizen. All local and state immigration laws are ended and the only immigration law in the United States of America be the new Immigration Reform Act.

 

 

Hispanic News does not support:

 

• A temporary worker program unless said program include all provisions to avoid the August 4, 1942, U.S. and the Mexican government instituted Bracero program which abused Mexican farm workers in the USA. In addition, why should a temporary worker be excluded from remaining in the United States under the auspices of the precedent established for the Cubans: One who makes it to shore ("dry feet") gets a chance to remain in the United States, and would qualify for expedited "legal permanent resident" status and U.S. citizenship. Mexicans deserve the same as the provisions and ease of entry given to the Cubans.
• Schumer has in the past outlined his principles for reform, which lean towards a heavy focus on enforcement. Hispanic News and Solidarity USA will only accept family reunification or humane reforms to the immigration system.
• Why must all Hispanics learn English? This is reminiscent of "English Only" laws. If there is truly a justified need for a person to learn English, then English should be required but there may be many who will never need English so why should they be required to learn English? The "English Only" requirement needs to be eliminated.

•

Why must any Hispanic applicant for U.S. Citizenship or visa have to admit they broke any law on entering the United States. Where is the provision for the 5th amendment of the U.S. Constitution that protects self incrimination? Are Hispanic applicants to be designated as a subservient class?