Freedom Line Blog

Hello, Greg Abbott!

In my column this week I mention that Abbott, the newly elected Republican Governor of Texas, would file a lawsuit challenging President Barack Obama’s unilateral and unconstitutional order granting temporary amnesty and work permits to as many as five million illegal immigrants.

Alone, Texas’ lawsuit would have generated more attention than most challenges to federal action. But with the inclusion of sixteen other states, it’s sure to get a very serious look from the conservative-leaning federal Fifth Circuit.

According to My Way News, “The lawsuit raises three objections: that Obama violated the ‘Take Care Clause’ of the U.S. Constitution that limits the scope of presidential power; that the federal government violated rulemaking procedures; and that the order will ‘exacerbate the humanitarian crisis along the southern border, which will affect increased state investment in law enforcement, health care and education.’”

If the lawsuit can overcome an important legal technicality – and former Justice Department lawyers John Yoo and Robert Delahunty think it can – then this super-suit may, in time, serve as a Texas-sized roadblock to federal overreach.

Texas Republican Governor Rick Perry announced today that he intends to deploy up to 1,000 National Guard members to the state’s southern border to reduce crime in areas teeming with illegal immigrants.

The decision came after several failed attempts to get similar assistance from the Obama administration.

If implemented, the decision will cost Texas taxpayers about $12 million a month. Though he could empower Guard members to arrest and detain illegal immigrants crossing into Texas, Perry has not committed to doing so.

Instead, the Guard is likely to play an assistance role to federal Border Patrol agents. “We think they’ll come to us and say, ‘Please take us to a Border Patrol station’ [for processing],” says the head of the Texas National Guard.

The move makes sense since Texas has absorbed many of the 57,000 unaccompanied minors that have crossed the border with Mexico since last October. The additional hands will, if nothing else, beef up the law enforcement presence in places where crime is on the rise, giving Border Patrol agents much needed assistance in steering and clearing the area.

Given the federal government’s duty to secure the border and the Obama administration’s failure to do so, this is probably the best Perry – or any other governor – can do for the time being.

As the U.S. Senate votes today on the Corker-Hoeven amendment – a last-minute attempt by moderate Republicans to create the veneer of bipartisanship on the Gang of Eight’s immigration bill – Rand Paul is fast-becoming the voice and face of conservative opposition.

Late last week the Senate rejected Paul’s ‘Trust But Verify’ amendment that would have required annual votes by Congress to decide whether the southern border is secure. As written, the Gang’s bill punts the hard decisions about security to the Department of Homeland Security, the same bureaucracy implementing “deferred action” on over 1 million illegal immigrants.

With the Senate refusing to accept responsibility for securing the border, Paul is a solid No vote on the Gang’s version of immigration reform. And for good reason. As the Kentucky Republican noted on CNN, the Gang’s bill is “dead on arrival” in the GOP-led House of Representatives.

My guess is that adoption today of Corker-Hoeven – if it happens – won’t change Paul’s or any other conservative’s support because the slap-dash amendment is little more than a grab-bag of promises that can easily be nullified by DHS. As with most immigration proposals, there are no real teeth when it comes to enforcement.

By contrast, Paul’s ‘Trust But Verify’ amendment makes a systemic change in immigration policy by getting Congress back in the game on border security. Putting politicians on record about the state of the border will force them to focus on the metrics necessary to make such a decision. And since a voting record is the most direct way to measure a legislator’s performance in office, you can bet that a series of border security votes will be one of the key factors in future elections.

This kind of accountability is exactly what the Constitution envisions for Members of Congress. Rand Paul is right to steer clear of deceptive attempts by the Gang and Corker-Hoeven to sound tough on the border while in reality shirking responsibility.

Yesterday Republican Senators Bob Corker of Tennessee and John Hoeven of North Dakota announced that the bipartisan Gang of Eight is willing to accept their new border security amendment to the controversial immigration proposal.

The key elements of the Corker-Hoeven amendment are that (1) it provides for 20,000 additional Border Patrol agents, and (2) calls for completion of the 700 mile border fence, according to the Washington Post.

Though the Corker-Hoeven amendment was made public after my column touting Rand Paul’s border security fix was submitted, the points I made in the Paul piece are still relevant.

First, Corker-Hoeven repeats the delegation game that lets Congress claim credit for ‘doing something’ while in fact shifting responsibility for border security to an executive agency.  Here, the two things Congress does are spending an estimated $30 billion to increase Border Patrol personnel, and passing a third law to build a border fence that is already required by statutes passed in 1996 and 2006.

So far as I can tell, all Corker-Hoeven does is increase the budget deficit and pass a toothless resolution to do something that is almost 20 years past due.

Second, Corker-Hoeven does nothing to increase Congress’ participation in deciding how to secure the border. It’s easy to pass a huge increase in spending without specifying how to recruit and train 20,000 new federal law enforcement officers. Real reform would focus on increasing frontline discretion, not just manpower, as Paul calls for in allowing immigration judges more leeway in deportation hearings.

And don’t get me started on the border fence. For Corker-Hoeven to have any integrity, it would need to complete the unfinished 700 mile fence and then extend or reinforce it. Otherwise, all the amendment does is put a happy face on a complete failure by the federal government to follow its own laws.

I encourage CFIF readers to check out Rand Paul’s ‘Trust But Verify’ amendment to see what is, in my opinion, the most reasonable approach to border security that is currently available. A one-page PDF summary of his amendment is here, and an interview expanding on Paul’s idea can be found here.

Good ideas are out there when it comes to border security. Corker-Hoeven isn’t one of them.

So, will he or won’t be vote for his Gang of Eight’s version of comprehensive immigration reform?

U.S. Senator Marco Rubio (R-FL) is starting to sound like a politician who knows he miscalculated on the public’s support for a legalization first approach to fixing America’s broken immigration system.

Consider these two statements from the Florida lawmaker as quoted by The Hill:

“There will have to be improvements [to the Gang’s bill],” Rubio said [after the Senate Judiciary Committee approved it without substantial changes]. “Because the good thing is the American people, the vast majority of them throughout the political spectrum, have clearly said that they are prepared to responsibly deal with those that are here illegally, but they are only willing to do so if we can take measures that ensure that this problem will never happen again in the future. And so, if we can make sure we put in place enforcement mechanisms and a guest worker program that ensures this will never happen again in the future, we’re going to have responsible immigration reform. And if we don’t have that, then we won’t have immigration reform.”

But on Monday of this week, Rubio is sounding a different tune when explaining to a constituent why reform couldn’t be piecemeal as Republicans in the House of Representatives want:

“I give you my word, that if this issue becomes one of those old-fashioned Washington issues where they start horse trading, one part of it for another part of it,” Rubio said in a video response to a constituent’s concern. “If each of these are not dealt with as separate issues even though they are dealt with in one bill, then I won’t be able to support that anymore.”
…
The problem with immigration though is that it is complex because it is all interwoven,” Rubio said. “It’s all related to each other. It’s literally impossible to do one part without doing the other.”

So, which is it? Is immigration reform as the Gang envisions it in need of major changes to make it acceptable to the House, or is it a done deal that can’t be amended?

I suspect the answer for Rubio is both. The Gang’s bill as-is does not secure the border first, and therefore – among many other serious problems – will be dead on arrival when it hits the House, as it should be. The problem for Rubio, though, is that he is one of the Gang members, making him a co-author of everything that’s in the bill.  To walk away from it now, without any big changes, would indicate that his real problem with the bill is that it’s not popular. What conservatives want instead is for him to oppose it because, as written, it’s wrong on the merits.

Personally, I like Marco Rubio and hope he can find an honorable way to disassociate himself from the Gang of Eight, so that he can be a Senate champion for immigration reform that puts security and enforcement before amnesty.

It’ll be tough, but it’s worth the effort.

The New York Times is reporting that new details are emerging about the border security component of the Senate’s bipartisan, self-appointed “Gang of Eight” plan for comprehensive immigration reform.

The following is particularly interesting:

According to the draft, the legislation would provide $3 billion for the Department of Homeland Security to draw up and carry out a five-year border security plan. Officials must present the plan within six months, and no immigrants can gain any provisional legal status until the plan is in place.

The plan must include how border authorities will move quickly to spread technology across the border to ensure that agents can see along its entire length. The authorities will also have five years to reach 90 percent effectiveness in their operations, a measure based on calculations of what percentage of illegal crossers were caught or turned back without crossing.

Homeland Security officials also have six months to draw up plans to finish any border fencing they deem necessary.

The problem with this proposal is that it puts the responsibility and the discretion over how to secure the border in the hands of the very people who are committed to keeping them open.

As I wrote last week, the Department of Homeland Security is refusing to create a metric to track border security. According to White House aides, that’s because President Barack Obama doesn’t want a distracting – and damning – focus on DHS’s failure to capture more than half of illegal border crossers to derail his push for legalization and amnesty.

Simply giving DHS $3 billion to do a job it is already on record as refusing to do is nonsensical.

Now that Congress has found the one area where the Obama administration refuses to regulate, it’s time for the people’s representatives and senators to get back in the game and pass a border security program that specifies in detail what DHS’s job is, and puts in serious penalties for refusing to implement the law.

Here’s everything you need to know about the corruption of border security under Obama’s Department of Homeland Security, helpfully summarized in two stats and one quote by Byron York.

“According to internal reports, Border Patrol agents used the airborne radar to help find and detain 1,874 people in the Sonora Desert between October 1 [2012] and January 17 [2013],” reported the Los Angeles Times last week. “But the radar system spotted an additional 1,962 people in the same area who evaded arrest and disappeared into the United States.”

That means officers caught fewer than half of those who made the crossing in that part of Arizona. If those results are representative of other sectors of the border, then everything the administration has said about border security is wrong.

“These revelations are in stark contrast to the administration’s declaration that the border is more secure than ever due to greater resources having been deployed to the region, and that lower rates of apprehensions signify fewer individuals are crossing,” Rep. Michael McCaul, chairman of the House Homeland Security Committee, wrote in an April 5 letter to Homeland Security Secretary Janet Napolitano.

New information is coming to light almost daily as members of Congress try to assess whether the federal agencies responsible for ensuring the integrity of America’s borders are, in fact, doing their job.

These revelations of malfeasance are compounded by the secretive deliberations of the so-called “Gang of Eight” as they haggle over an estimated 1,500 page version of comprehensive immigration reform that Democrats are trying to rush through the Senate without formal debate.

The more we learn about how badly the Department of Homeland Security is failing to police the border, the less congressional Republicans should entertain any thoughts about comprehensive immigration reform.

Matt Lewis of The Daily Caller summarizes the main proposals in the ACHIEVE Act, a Republican version of the Obama-approved DREAM Act:

Essentially, the proposal involves several tiers: W-1 visa status would allow an immigrant to attend college or serve in the military (they have six years to get a degree). After doing so, they would be eligible to apply for a four-year nonimmigrant work visa (also can be used for graduate degrees.)

Next, applicants would be eligible to apply for a permanent visa (no welfare benefits.) Finally, after a set number of years, citizenship “could follow…”

Then follows a laundry list of criteria for securing citizenship that – surprise! – is much less generous to children of illegal immigrants than the DREAM Act.

I applaud the GOP Senators and staff who are trying to deliver a coherent response to the Democrats’ backdoor amnesty proposal.  But the conservative contribution to comprehensive immigration reform won’t be made by low-balling benefits to an ethnic voting bloc.

Instead, conservatives need to put together a package of border security and visa reforms that seizes control of United States immigration policy.  If those reforms are agreed to only then should they seriously consider swallowing hard on the DREAM Act.

Conservatives aren’t any good at concocting government giveaways.  That’s a liberal’s skill set.  Rather, it would be much better, as a matter of integrity and competency, for conservatives to hold out for real border security and real money to fund it.  At least then we could point to a real achievement instead of being outbid yet again.

The ATF’s “Project Gunrunner” and “Operation Fast and Furious” scandals continue show a cover-up by high-ranking officials in Eric Holder’s Department of Justice.  The most recent revelation was the emergence of tapes secretly recorded by an Arizona gun dealer who grew suspicious of ATF’s ability to intercept guns deliberately sold to Mexican drug cartels.

Howard made the tapes in March 2011 after a meeting he and his attorneys held with federal officials. In that meeting, Assistant U.S. Attorney Emory Hurley continued to insist the guns Lone Wolf sold were stopped and seized before reaching Mexico.

But ATF officials are quoted in a Washington Post article and the Spanish language daily La Opinion saying just the opposite — blaming Lone Wolf for “selling guns to the cartels” with no mention that Howard was operating under the federal government’s direction, encouragement and approval.

In related news, the Mexican government is seething because ATF brass and supervisors at Justice chose not to inform relevant officials of the gun-walking program.  After learning of the operation from news reports following Border Agent Brian Terry’s murder, the Mexican Attorney General said, “In no way would we have allowed [the selling of guns to drug cartels], because it is an attack on the safety of Mexicans.”

And an affront to American integrity as well.

When it was passed back in 2003, New Mexico’s law allowing illegal immigrants to receive state drivers’ licenses was billed as a way to make the roads safer by requiring illegals to pass a driving test and carry insurance.

For all the hoopla, a recent study showed that New Mexico is second in the nation for percentage of uninsured drivers on the road at 25.7 percent.  As for making New Mexico safer, a different reality has emerged:

The unintended consequence has been an eruption in criminal rings assisting illegal immigrants in obtaining New Mexico driver’s licenses. In the past year, the state has indicted members of at least seven operations on fraud charges.

The consequence may have been unintended, but it was foreseeable.  Extending a legal privilege to a person whose very existence breaks the law of the country encourages more law-breaking.

It’s a good thing for New Mexico that newly elected Governor Susana Martinez is a former prosecutor.  Too bad for America that President Barack Obama isn’t.

The Wall Street Journal reports (subscription required) that a raid of an arsenal in Mexico identified at least five guns traced back to a controversial program allowing guns to “walk” across the border into the hands of drug cartels.  The guns were part of the “Fast and Furious” program run out of the Phoenix, AZ office of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to catch higher level criminals.

CFIF and others have reported on the presence of another ATF-tracked gun at the murder scene of Border Patrol Agent Brian Terry.  The confirmation of five more guns linked to illegal activity will heighten pressure by House Government Oversight Chairman Darrell Issa (R-CA) to break through Justice Department stonewalling on an operation that went predictably out of control.

Unsurprisingly, Rep. Elijah Cummings, the ranking Democrat on Issa’s committee, is not joining the growing bipartisan chorus for more answers from Attorney General Eric Holder, whose administrative portfolio includes oversight of ATF.

One American is already dead because of ATF’s misguided sting operation.  With more than 1,000 “Fast and Furious” guns still unaccounted for, let’s hope it doesn’t take more deaths to convince Holder that political considerations should take a back seat to our Border Patrol Agents’ personal saftey.

As we noted yesterday, Senator Jon Kyl (R – Arizona) stunned a weekend townhall audience with his disclosure that President Obama told him during a private Oval Office meeting, “the problem is if we secure the border, then you all won’t have a reason to support comprehensive immigration reform.”

In other words, Obama considers our nation’s very territorial integrity little more than a partisan bargaining chip. Or, as stated by Sen. Kyl, “they’re holding it hostage.”

In response, the Obama White House essentially labeled Sen. Kyl, a man respected across party lines for his intellectual heft and moral integrity, a liar.  Speaking yesterday to White House correspondents, Communications Director Dan Pfeiffer said, “the President didn’t say that, Senator Kyl knows the President didn’t say that…  It’s not true.”   Senator Kyl, however, maintains his version of events.

So whom to believe?  Well, this is the same White House that is accused by two separate Democratic candidates for Senate of offering appointments in exchange for dropping out of their campaigns.  This is also the same White House that falsely justified its offshore drilling moratorium (which threatens innumerable jobs in the Gulf region) by citing the opinions of drilling engineers.  Those engineers subsequently objected to the White House’s false attribution in the strongest of terms.

Those are just two recent examples of White House dishonesty.  It’s difficult to imagine a scenario under which both the White House and Sen. Kyl are correct, so who possesses the better record of honesty and integrity?