Amnesty Dreamers: Obama’s “just not that into you?”

by Atty Emmanuel S Tipon

Whatever Obama wants Obama gets. Look at what he’s gotten so far – health care law, unemployment benefits extension for 13 months, nuclear arms treaty (START) with Russia, and repeal of DADT (Don’t Ask, Don’t Tell). He got these because of “persistence.” As Frank Sinatra used to sing “But you were so persistent, you wore down my resistance.”

So why didn’t President Obama get the amnesty bill for young illegal aliens aka DREAM Act (Development Relief and Education for Alien Minors) enacted into law? Not persistent, Mr. President? Is it against your moral principles as a lawyer to condone law breaking? Or as the Ben Affleck-Jennifer Aniston movie puts it “He’s just not that into you?”

Dreamers are angry. Will they vote against him in 2012? The alternative is Sarah Palin. She is an attractive alternative, with emphasis on “attractive? What’s her position on illegals?


IS DEPORTATION PUNISHMENT?

The argument of amnesty lovers is that “it is wrong to punish people brought to the United States by undocumented parents.” See Philippine News, December 24-30. Who is punishing them? What form of punishment is being meted out to them? Are they being deported? And even if they are being deported, deportation is not punishment, even though it may be harsh, according to a number of immigration decisions. It is merely returning people to where they came from. An old Latin (not Latino) maxim says: “Dura lex, sed lex” (The law is hard, but that is the law.) Obama’s ICE and the courts are deporting scores of aliens daily.
There’s a student leader on the mainland who admitted being an illegal alien. What action has Immigration and Customs Enforcement (ICE) done against him? If he were to come to Hawaii, ICE will pick him up immediately. At one deportation hearing in Hawaii, three overstaying students were being deported. But their cases are different from the bulk of illegal aliens for whom amnesty is being sought. They came in with student visas. They have relief - marrying United States citizens and applying for adjustment of status.

The claim that children are being punished for the immigration sins of their parents and therefore should not be deported has been repeatedly rejected by the courts, including the most liberal court, the Ninth Circuit of Appeals (which has jurisdiction over California, Arizona, New Mexico and other states where most illegal aliens are). See, for example, Senica v. Immigration and Naturalization Service, 16 F. 3d 1013 (1994, CA 9), involving Filipinos, discussed in my article “Original Sin and Immigration.” Believers in original sin cite the following biblical verse: “Wherefore, as by one man sin entered into the world, and death by sin; and so death passed upon all men, for that all have sinned.” – Romans 5:12.

FORGIVENESS AND IMMIGRATION RELIEF

Some people claim that God forgives, so why should we not forgive? But Obama is not God? Forgiveness is on a case by case basis, not contra todo.  One seeking forgiveness must admit the sin and ask for forgiveness. Immigration laws provide for forgiveness. It’s called waiver. It is individualized. Waiver seekers must show they have positive equities that outweigh negative conduct. I am writing a book on waivers.

   
(Atty. Tipon has a Master of Laws degree from Yale Law School and a Bachelor of Laws degree from the University of the Philippines. He specializes in immigration law and criminal defense. Office: 800 Bethel St., Suite 402, Honolulu, HI 96813. Tel. (808) 225-2645. E-Mail: filamlaw@yahoo.com. Website: www.ImmigrationServicesUSA.com. He is from Laoag City and Magsingal, Ilocos Sur. He served as an Immigration Officer. He is co-author of “Immigration Law Service, 1st ed.,” an 8-volume practice guide for immigration officers and lawyers. Listen to the most funny, interesting, and useful radio program in Hawaii on KNDI at 1270, AM dial every Thursday at 7:30 a.m., rebroadcast at  www.iluko.com. This article is a general overview of the subject matter discussed and is not intended as legal advice. No warranty is made by the writer or publisher as to its completeness or correctness at the time of publication.)