JUNE 27, 2012
U.S. Legislative, Executive and Judiciary inviting ridicule on illegal immigrants
BY HEM RAJ JAIN
After sleeping for decades on the issue of illegal immigrants Arizona took the lead and passed SB 1070. After this other states including Alabama, Georgia, Indiana, South Carolina, Utah, etc. have also adopted variations on Arizona's law. SB 1070 was challenged by the federal government in court through a suit against Arizona / Governor Jan Brewer in which judgment of the US Supreme Court (USSC) has come on June 25, 2012. Though both sides are claiming victory in this judgment it is neither here nor there (as explained below), so far as the solution to the problem of millions of illegal immigrants in USA is concerned:
First about this USSC judgment. It was legally expected that all the matters including identification, keeping the track of illegal immigrants and their deportation from or regularization in the United States would be taken care of by USSC while deciding on SB 1070 because:-
-Whenever there is an injury there has to be a remedy and without remedy there is no law.
-Every legislation is merely a statute and does not become a law unless recognized and administered by the judiciary.
Therefore it was legally expected the USSC would uphold these basic tenets of jurisprudence especially given the fact that obviously there is injury to the USA (including to Arizona and other States) by illegal immigrants and present laws are inadequate and have failed to stop the illegal immigrants whose numbers are in millions (therefore legally present laws are incapable of being recognized and administered by Judiciary).
No country can tackle the problem of illegal immigrants merely by making a border non-porous unless there is law and its implementation mechanism for identification, tracking and deportation or regularization of illegal immigrants. Hence USSC has not done justice to its jurisprudential duty to do complete justice by leaving these crucial issues undecided in this matter of millions of illegal immigrants in the USA.
To be fair to the Judiciary, it comes third in the hierarchy of branches of government. In the U.S. Constitution, first comes Legislative and second is Executive. In some countries like India, etc. Executive comes first and second is Legislative. But in all the democracies of the world the Judiciary is granted third place in the constitutional hierarchy. Therefore Legislative (which includes their Political Parties) and Executive, more than even Judiciary in the USA, have more responsibility to solve this problem of millions of illegal immigrants.
As far the Executive failure in this matter, nothing can be more glaring than the recent granting of backdoor amnesty to nearly one million illegal immigrants by President Obama – on which Brewer started a funds collecting campaign. The following appeal on behalf of Governor Brewer is going around in the USA:
“[Fellow Patriots, In case you missed the breaking news, President Obama outrageously announced that he would be granting backdoor amnesty to nearly 1 million illegal aliens. The key word in the last sentence is illegal. This unilateral act is a preemptive strike against the U.S. Supreme Court and its upcoming decision on SB 1070. I have set a goal of raising $50,000 in opposition to this ridiculous policy. Will you help me reach the goal by donating today? As Governor of Arizona I have fought tirelessly to secure our borders and protect the rule of law. Instead of a thank you from Washington, Obama and his rogue Attorney General Eric Holder decided to sue us over our enforcement of laws already on the books. This administration not only continues to fail in securing our border, but in a desperate attempt to shore up the far-left base, [they] are granting backdoor amnesty to illegal aliens. Will you stand with me in supporting the rule of law and opposing this administration's out of touch policies? I promise to always defend our Constitution and fight to protect America's sovereignty, Jan Brewer Governor of Arizona]”
It is evident from the above both Governor Brewer and President Obama think that only the USA practices democracy on this earth and rest of the world is ignorant and does not know any thing about ‘rule of law’ and ‘role of political parties in democracy.’ Therefore they think that whatever absurd theories they propagate about democracy and rule of law will not be ridiculed and deplored by remaining mankind.
One can understand that a non-martial and coward country like India will not do any thing about reportedly 25 to 40 million illegal immigrants from Bangladesh. But the USA, which wears its martial power on its sleeves and moves round the world hitting some countries here and other countries there at will, cannot take refuge in any excuse while not solving the problem of millions of illegal immigrants, which is the biggest sign of 'Breach of Sovereignty of USA.'
Apart from the issue of ‘Sovereignty of USA’ it has international ramifications too. As leader of the free world, the USA’s inability to protect its Sovereignty creates a bad example for other countries. Moreover millions of legal immigrants who spend a lot of money to come to the USA for studies, face myriad problems in getting work permits, etc., whereas these millions of illegal immigrants are working in the USA by breaking every law of the USA with impunity.
The main reason for the failure of US policy to address the problem of illegal immigrants from Mexico is that the USA so far has been trying to put the entire burden for the solution of this problem on the USA only, while leaving offending country Mexico un-burdened.
Moreover the USA is not taking ‘Rule of law’, ‘Sovereignty’ and ‘Human Rights’ with requisite utmost seriousness.
The USA by this time should have identified and kept track of these illegal immigrants. Moreover the US government should have demanded from Mexico to take their citizens back in order to put a reciprocal burden on Mexico. In case Mexico refuses to do so the USA should have demanded commensurate territory from Mexico to sustain these illegal immigrants on US soil and grant amnesty/legal status to all these illegal immigrants by due process of law by imposing reasonable fine on these illegal immigrants.
If Mexico refuses to part with this much territory then USA should have, in a time-bound program, either taken this commensurate territory, militarily from Mexico or alternatively if the USA considers it better then, the USA should have demanded equitable exclusive mineral rights from Mexico in lieu of sustaining these Mexicans on American soil.
But then here comes the responsibility of the Legislative Branch (and their Political Parties) who have first place in the hierarchy of the US Constitution. If the US government does not do the above mentioned then as far Governor Brewer and Republicans are concerned they should know that all over the world political parties organize countywide demonstrations in such a matter which is the matter of life and death for the country. In view of huge unemployment / under-employment in the USA, the matter of millions of illegal immigrants who are snatching the jobs of citizens of the USA and of legal immigrants should obviously be the matter of top most priority for the Legislatures of USA.
Therefore people in the USA should ask the first question that if millions of illegal immigrants are roaming so conspicuously and freely in the country with impunity then what are the political parties of the USA doing? Though democracy is supposed to be the rule of the people by the people and for the people, in every democracy only the people's representatives of political parties form the governments – which means political parties are the main beneficiary and guardian of the political system of any democracy. The USA should realize the basic function of any political party is (not to curry favor with their party legislatives and government functionaries for the rich and powerful including for criminals but rather) to help the legislatives to ensure governments are run as per the dictates of law.
Therefore the office bearers and cadre of political parties too should be answerable in such mass scale anarchy of millions of illegal immigrants in USA. Hence Republicans should organize countrywide demonstrations (in which Brewer too should give said $ 50,000 to the Republican Party to organize these demonstrations) by taking other political parties with them against this amnesty and illegal immigrants.
In view of Obama's alleged (by Brewer) attempt to buttress the far-left base through this amnesty in this election year, it is clear Democrats / Obama have thrown down the gauntlet to Republicans by openly challenging that this amnesty has the support of the majority of the US voters (otherwise why Democrats / Obama shall take this risk). Therefore if Republicans and Brewer think the majority of US voters are opposed to illegal immigrants and to any amnesty for them in any form – then the 2012 Presidential election and all other election of US Congress and state legislatures should be converted by Republicans and their associate political parties, into a referendum on this illegal immigrant issue.
Hem Raj Jain