"Immigration laws are the only laws that are discussed in terms of how to help people who break them." --Thomas Sowell
By Alex P. Vidal
NEW YORK CITY -- This could be a heightened emotional rather than political issue.
President-elect Donald J. Trump may have taken a tough stand on immigration issues during the campaign period, but it remains to be seen how will his incoming Republican administration implement the feared mass deportation of "illegal aliens" estimated to be around 11.5 million in the entire United States.
While his upset win against Hillary Clinton hogged headlines days after the November 8 elections, the gnawing fear among undocumented immigrants dominated the discussions in communities that may be potentially affected by Mr. Trump's ascension to White House on January 20, 2017.
Now that real panic has beckoned, it is best if we begin with the definition of terms to describe and identify the involved parties, so as not to cause confusion, misinformation, and miscommunication.
Although the term "undocumented" should be the generic to describe those staying in the United States illegally, let us be clear about Mr. Trump's real targets--and how far can he possibly cause torments to the culturally diverse population.
ANNOUNCE
When he began lashing at "rapists and criminals" last year to unravel his intention to run for president, Mr. Trump stepped up his acrimony with a stunning proposal to build a wall in the border.
He was referring to the Mexicans or the Latinos from Spanish-speaking countries and territories who used the U.S.-Mexico border to sneak illegally into the mainland USA.
This group of "illegal immigrants" are considered "undocumented" because they entered without legal papers or government-issued identification cards, among other valid documents after outsmarting border patrols.
To add insult, some of them commit criminal acts and violate the laws, thus their chances of being deported swiftly become certain.
Some Chinese and Cuban nationals, who arrived under mysterious circumstances, may also be classified as "undocumented" because, like some tricky Latinos, they have no passports, birth certificates, among other legal papers, when they set foot in the US via sea.
Most of them did not go through proper immigration procedures upon entry.
ASIANS
Another group of Asians that include Indians, Filipinos, Indonesians, Malaysians, and Vietnamese who arrived on tourist or temporary visas may be classified as "overstaying" if their visas have expired and have extended their stay without authorization from the United States Citizenship and Immigration Services (USCIS), a component of the United States Department of Homeland Security (DHS).
They may be technically called as "illegals" for having violated the terms and conditions of their visas or their failure to go back to their country of origin as specified, but they can always obtain valid documents like passports from their respective consulates.
They can't be tagged as "undocumented".
If they did not commit a crime and their behavior is not inimical to the interest of the state, and regularly pay taxes, TNTs (Tago Ng Tago) may not be easily "harassed" into falling in line to the deportation proceedings especially if they have competent lawyers and valid or justifiable reasons for extension of stay.
There is no doubt Trump's deportation guillotine is now being sharpened, but it will take a horrific number of manpower and federal cash out to round up all the 11.5 million warm bodies without being hounded by international watchdogs and accusations of inhuman treatment when emotions start to rack up and families start to break up.
"We should embrace our immigrant roots and recognize that newcomers to our land are not part of the problem, they are part of the solution." ROGER MAHONY
By Alex P. Vidal
NEW YORK CITY -- The 4-4 deadlock decision of the US Supreme Court on President Barack Obama's contested immigration policies on June 23 means the agony of millions of undocumented immigrants in the United States will continue.
The word TNT (Tago Ng Tago) was coined by a Filipino who went to the United States without any intention of going back to the Philippines.
Most common of all the reasons is economic.
Like many people around the world, Filipinos think the United States is a land of milk and honey, a fulfillment of their dreams for a better life.
Filipinos are not the only TNTs in America.
In fact, of the estimated 11 million undocumented immigrants, six million are Mexicans.
Hundreds of thousands are Latinos, Chinese and Koreans. Most of these undocumented immigrants made it to the land of Mickey Mouse and Donald Duck via "over the bakod" or over the fence (crossing the US-Mexican border illegally).
Undocumented Immigrant is defined as a foreign-born person who lacks a right to be in the United States, having either entered without inspection (and not subsequently obtained any right to remain) or stayed beyond the expiration date of a visa or other status. (Nolo law for all).
BENEFIT
These are the warm bodies that may benefit from the S.744, the "Border Security, Economic Opportunity, and Immigration Modernization Act," otherwise known as the comprehensive immigration reform law, which the US Senate passed by a 68-32 margin in 2013.
The bill was not yet a law. It needed the approval of the House of Representatives which would either modify it to reconcile with the senate version and approve it or kill it before it could reach the office of President for signature.
But the GOP-controlled Lower House refused to bring it to a vote.
The bill is called "comprehensive" because it deals with border security, enforcement, immigrant visas, and nonimmigrant visas.
Title one of the bill and its preamble address issues of border security, the oversight of the border, and the security goals (“triggers”) that must be achieved before other provisions of the bill are implemented. This part of the bill establishes that the security of the border is a primary concern as part of a comprehensive strategy to ensure a functioning, fair, and effective immigration policy.
LEGAL STATUS
The title "Immigrant Visas" addresses permanent legal status in the United States.
It creates a Registered Provisional Immigrant program for undocumented immigrants and incorporates versions of the DREAM Act and AgJOBS, for undocumented young people brought to the U.S. as children and for agricultural workers, respectively.
It provides sufficient visas to erase the current backlog of family and employment-based visa applicants in the next 7 years, eliminates or changes some family-based immigration programs, and creates a new merit system that is based on points accrued through education, employment, and family ties.
The subtitle "Legal Immigration Reforms" lays out reforms and new components of the immigration system and addresses backlogs and immigration levels.
In particular, it creates a new merit-based point system with two tracks that award points to immigrants with educational credentials, work experience, and other qualifications.
It will function alongside the current family-based immigration and employment-based immigration programs, which allow U.S. companies, citizens, and legal permanent residents to file petitions for relatives or employees.
The title "Interior Enforcement" addresses DHS’s ability to enforce immigration laws while correcting many procedural problems with the immigration system.
Central to Title III is a phased in, mandatory E-Verify employment eligibility verification program.
The bill also addresses important refugee and asylum issues, enhances due-process protections in the immigration courts, increases the oversight of detention facilities, and toughens penalties for gang-related convictions and other offenses.
