What’s the Immigration Noise all about?

Muslim Ban? Are you serious dawg? This can’t be happening in America? Executive order on steroids, or sensible insanity? Could it be the President is just being trigger happy go lucky in issuing a travel ban from certain regions of the world? Or is it a plausible theory that the President is acting within the confines of his authority?

But wait a huge New York Minute before I stitch myself up in hysterical laughter and simultaneously clear my throat from possibly choking! My glee is not quite at the level of the Media Hysteria over how it feels to lose power at the executive branch of government, where the media has had a “forever after” romantic cozy relationship with the powers that be! The media wanted perpetual power, by belonging to the ruling class. Now that power has slipped away and shifted in a totally different direction! Inconceivable!

President Trump has been issuing executive orders at the speed of light and some if not many of these executive orders are a reset of the last 8 years of malfeasance and executive branch overreach. I hope in the near future we will challenge our grand Russian Bear the dear beloved President about our desire to shrink the size and scope of the federal leviathan we know as Government. The Last chief executive almost ruled by edict and fiat and forgot that this is not Zimbabwe or Bangladesh, but America! We do not coronate Kings in this part of the wild wild west! No American President of any stripe is a potentate nor should we the people ever allow that to happen. Unless we are in an episode of the “Zombie apocalypse; land of the living dead.” In America, we have a shiny document that only surpasses the Magna Carte by a smidgeon. The Constitution! That old rusty dusty piece of paper that enshrines our bill of rights and negative liberties conferred on the government by the consent of the governed, we the people! In that light, I welcome President Trumps executive orders to reverse the immense damage done by the last two administrations especially the last 8 years! We can now have a debate going forward as to how much the President can leverage his constitutionally guaranteed decrees and stay in that lane for the remainder of what seems to be a great fun ride the next 4 years! Pertinent to this discussion folks is the million dollars question?

Does the President have jurisdiction and authority to make a big bold statement when it comes to immigration policy? Can he as chief executive officer of these united states bar any immigrants legal and otherwise from entering our sacred shores? Extreme Vetting! For all judges out there with your black robes and the high and mighty nose gazing that you are blessed with please do us a favor? Run for office as a legislator so you can write the Law and affect public policy in such manner as deemed appropriate. If you need a reminder from a caveman scientist with all due respect follow the conscious of the next soon to be appointed legal eagle namely Neil Gorsuch who I quote; If confirmed as supreme court Judge, I will do all my powers permit to be a faithful servant to the constitution and laws of this nation. It is the role of judges to apply not alter the work of the people’s representatives.” in my humble paraphrase as I do on most complex issues; The WILL of the people must always prevail!It is not the province of judges to make law but interpret Laws! Let’s try that simple guiding philosophical principle and see where the bouncing ball lands! Imagine that, Judges actually apply the law as intended originally without prejudice or despite their personal prejudices and apply the law impartially without fear or favor and adhere to the letter of the law. In the judicial world, all facts and evidence are considered before a jury of peers in the application of just laws that are ascertained and affirmed! Erudite Judges know their rightful place and responsibility,  and chief among them is the interpretation of the laws as written not based on what the particular Judge “feels” should be the case.These judges would necessarily have awesome power and responsibilities but are not infallible gods, be it at the supreme court level or inferior court levels! Just follow the darn Laws dear Judges and stop wagging your fingers in the air to see which way the political wind blows! This is a brewed perfect storm of a dysfunctional broken system and now that there is a new sheriff in town the President is only trying to implement the laws as they currently exist on the books! Change always brings some shock to the system any system! Change is a form of disruption! good and bad can easily come out of it and sometimes we get “lucky” in life and the roll out is a smooth transition from one phase to the next! President Trump is not doing anything new, he is simply applying and implementing the laws that have not been executed in about 30 years! All the brouhaha about a Muslim ban is mainly hot air under a hot-air balloon that’s destined to blow up to smithereens for coming within flying distance of a volcano by the name of “leftist Political Correctness gone wild!”  This Volcano has been brewing hot lava for almost 60 years, wherein you can’t call a spade a spade but demands that one abandons their better judgment in place of a cockamamie philosophy that pretends that all cultures are the same and therefore equal? That’s a discussion for another sunny day on this side of the moon. Under ex-President Obama the following nation states or as I call them failed states were designated as hotbeds and training grounds for international virulent jihad terrorism; Yemen, Somalia, Syria, Iran, Iraq, Sudan, Libya. I tend to think that the list should be much longer but suffice for now.

And just an aside FYI the Department Of Homeland Security did an extensive “future of terrorism threats” assessment via homeland security advisory council that concluded as far back as 2006 the following findings: The most significant terrorist threat to the homeland and to U.S. interests abroad today is a growing radical, extremist movement underpinned by a jihadist/Salafist ideology. Globalization has changed the means and opportunities available to those who wish to do us harm (increasingly mobile populations, technologies and “know-how” readily available). There is every indication that the number and magnitude of attacks on the U.S., its interests, and its allies will likely increase.Although the war in Afghanistan was successful in destroying Al Qaeda’s base of operations, our adversaries continue to feed on weak states, and we have witnessed the spread of safe havens globally, including northwest Pakistan, Iraq, and the Internet. In recent years, Muslims have born a substantial burden of terrorist attacks. Muslims living in the US are more integrated, more prosperous and therefore less alienated than Muslims living in Western Europe, where the “homegrown” threat is significant and rising. Muslim culture and the Islamic faith are not widely understood within the Western world. Terrorism is a tactic for any adversary, whether or not state- sponsored, who chooses not to attack us peer-to-peer. Our adversaries use terror tactics to target both the physical and psychological well-being of our populace. designated the threats from many predominantly Muslim nations.By the way, President Ronald Reagan was “tricked into signing amnesty” to end all illegal immigration with a promise by the democrats to build a wall on the southern border and enforce any new immigration policies in favor of American Sovereignty! Can you swallow that pill with orange juice? Every Administration going back to George H, Bush the first have done not as much as lip service on this hot button issue that has national security and American culture at loggerheads.

Powers of Congress as stipulated by the genius potato farmers from a bygone era:

Article 1 of the US constitution on Legislative branch  Section 8 part 3 wherein it states: To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States.

Presidential powers: Executive branch article II:

“I do solemnly swear or affirm that I will faithfully execute the office of President of the united states, and will to the best of my ability, preserve and protect and defend the constitution of the United States” If you notice the Legislative branch which happens to be Congress writes the laws of the land including all immigration Laws! that’s their bound duty and obligation, lets us call it part 1. And then Part 2 moves over to the executive branch for implementation and execution as a co-equal branch of government! TGhe president primary responsibility is to execute the laws as stated and defend our constitution thereby the homeland! Very simple yet potent! The president was in his legal and moral bounds to act in such manner, on behalf of the American people! Did President act within the bounds of the laws set forth? A resounding yes with an Air Horn attached! And no other entity has jurisdiction over the implementation of law! Yes! that includes the ninth circus court of appeals. Excuse me I meant to say the ninth circuit courts! Even though it’s hard to distinguish between the two identical twin entities ninth circus court of appeals and ninth circuit! Don’t ask, it’s a natural head scratcher that could be blamed on a dry scalp or inside jokes within the legal eagle community. Be that as it may its astounding to me how much judicial activism exists especially at this level of jurisprudence. It’s mind boggling how associate judges who I assume have actually gone to Law school and are well versed in the refined aspects of constitutional, case and natural laws , and swear affirmatively that they have not taken backyard lessons in “because I said so” laws hand written by my aunt Rhonda from the Florida everglade swamps, where she spends most afternoons counting how many female Alligators are in the surrounding natural ponds.

Immigration and Naturalization Act. ACT 207 – ANNUAL ADMISSION OF REFUGEES AND ADMISSION OF EMERGENCY SITUATION REFUGEES

Sec. 207. [8 U.S.C. 1157]
(a) (1) Except as provided in subsection (b), the number of refugees who may be admitted under this section in fiscal year 1980, 1981, or 1982, may not exceed fifty thousand unless the President determines, before the beginning of the fiscal year and after appropriate consultation (as defined in subsection (e)), that admission of a specific number of refugees in excess of such number is justified by humanitarian concerns or is otherwise in the national interest. And just an F.Y.I . The  American Government has been allowing the same number of 50,000 refugees annually until most likely now (March 2017) that the Trump Administration has taken over and will reduce this number drastically! There’s hope under the dark tunnel!
(2) Except as provided in subsection (b), the number of refugees who may be admitted under this section in any fiscal year after fiscal year 1982 shall be such number as the President determines, before the beginning of the fiscal year and after appropriate consultation, is justified by humanitarian concerns or is otherwise in the national interest.
(3) Admissions under this subsection shall be allocated among refugees of special humanitarian concern to the United States in accordance with a determination made by the President after appropriate consultation.
(4) In the determination made under this subsection for each fiscal year (beginning with the fiscal year 1992), the President shall enumerate, with the respective number of refugees so determined, the number of aliens who were granted asylum in the previous year.

(b) If the President determines, after appropriate consultation, that (1) an unforeseen emergency refugee situation exists, (2)the admission of certain refugees in response to the emergency refugee situation is justified by grave humanitarian concerns or is otherwise in the national interest, and (3) the admission to the United States of these refugees cannot be accomplished under subsection (a), the President may fix a number of refugees to be admitted to the United States during the succeeding period (not to exceed twelve months) in response to the emergency refugee situation and such admissions shall be allocated among refugees of special humanitarian concern to the United States in accordance with a determination made by the President after the appropriate consultation provided under this subsection.
Immigration and Naturalization Act  212 states in many categories of which we won’t delve into every single one for the sake of avoiding weed smoking while operating dangerous machinery equipment such as flatbed 18-wheeler tractor trailer loaded with factual hard-nosed laws on the books! Suffice to say that we can take a wild walk on the wild side and find out a few more laws that apply when it comes to who is admissible or ineligible to be admitted to these United States; Classes of Aliens ineligible for Visas or Admission:

1.(1) Health-related grounds; (A) In general, any alien-

(i) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a communicable disease of public health significance;

(ii) except as provided in subparagraph (C)  who seeks admission as an immigrant, or who seeks adjustment of status to the status of an alien lawfully admitted for permanent residence, and who has failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices,

(iii) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services in consultation with the Attorney General)-

(I) to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or

(II) to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior, or (iv) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict, is inadmissible.

(2) Criminal and related grounds; (A) Conviction of certain crimes;

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of (I) a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime, or (II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception; Clause (i)(I) shall not apply to an alien who committed only one crime if (I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

(C) CONTROLLED SUBSTANCE TRAFFICKERS- Any alien who the consular officer or the Attorney General knows or has reason to believe–

(i) is or has been an illicit trafficker in any controlled substance or in any listed chemical (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), or is or has been a knowing aider, abettor, assister, conspirator, or colluder with others in the illicit trafficking in any such controlled or listed substance or chemical, or endeavored to do so; or

(ii) is the spouse, son, or daughter of an alien inadmissible under clause (i), has, within the previous 5 years, obtained any financial or other benefit from the illicit activity of that alien, and knew or reasonably should have known that the financial or other benefit was the product of such illicit activity, is inadmissible.

(D) Prostitution and commercialized vice; Any alien who (i) is coming to the United States solely, principally, or incidentally to engage in prostitution, or has engaged in prostitution within 10 years of the date of application for a visa, admission, or adjustment of status,

(ii) directly or indirectly procures or attempts to procure, or (within 10 years of the date of application for a visa, admission, or adjustment of status) procured or attempted to procure or to import, prostitutes or persons for the purpose of prostitution, or receives or (within such 10- year period) received, in whole or in part, the proceeds of prostitution, or

(iii) is coming to the United States to engage in any other unlawful commercialized vice, whether or not related to prostitution, is inadmissible.

(E) Certain aliens involved in serious criminal activity who have asserted immunity from prosecution. Any alien;

(i) who has committed in the United States at any time a serious criminal offense (as defined in section  101(h)),

(ii) for whom immunity from criminal jurisdiction was exercised with respect to that offense,

(iii) who as a consequence of the offense and exercise of immunity has departed from the United States, and

(iv) who has not subsequently submitted fully to the jurisdiction of the court in the United States having jurisdiction with respect to that offense, is inadmissible.

(F) Foreign  Government officials who have committed particularly severe violations of religious freedom- Any alien who, while serving as a foreign government official, was responsible for or directly carried out, at any time, particularly severe violations of religious freedom, as defined in section 3 of the International Religious Freedom Act of 1998 (22 U.S.C. 6402), is inadmissible.

(G)  Terrorist activity defined; As used in this Act, the term “terrorist activity” means any activity which is unlawful under the laws of the place where it is committed (or which, if 4 it had been committed in the United States, would be unlawful under the laws of the United States or any State) and which involves any of the following:

(I) The highjacking or sabotage of any conveyance (including an aircraft, vessel, or vehicle).

(II) The seizing or detaining, and threatening to kill, injure, or continue to detain, another individual in order to compel a third person (including a governmental organization) to do or abstain from doing any act as an explicit or implicit condition for the release of the individual seized or detained.

(III) A violent attack upon an internationally protected person (as defined in section 1116(b)(4) of title 18, United States Code) or upon the liberty of such a person.

(IV) An assassination.

(V) The use of any biological agent, chemical agent, or nuclear weapon or device, or

(VI) explosive, firearm, or other weapon or dangerous device (other than for mere personal monetary gain), with intent to endanger, directly or indirectly, the safety of one or more individuals or to cause substantial damage to property.

(H) to commit or to incite to commit, under circumstances indicating an intention to cause death or serious bodily injury, a terrorist activity;

(I) to prepare or plan a terrorist activity;

(II) to gather information on potential targets for terrorist activity;

(III) to solicit funds or other things of value for– a terrorist activity;   a terrorist organization described in clause (vi)(I) or (vi)(II); or          (cc) a terrorist organization described in clause (vi)(III), unless the solicitor can demonstrate by clear and convincing evidence that he did not know, and should not reasonably have known, that the organization was a terrorist organization; (V) to solicit any individual–(aa) to engage in conduct otherwise described in this subsection; (bb) for membership in a terrorist organization described in clause (vi)(I) or (vi)(II); or

(cc) for membership in a terrorist organization described in clause (vi)(III) unless the solicitor can demonstrate by clear and convincing evidence that he did not know, and should not reasonably have known, that the organization was a terrorist organization; or

(VI) to commit an act that the actor knows, or reasonably should know, affords material support, including a safe house, transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons (including chemical, biological, or radiological weapons), explosives, or training– (aa) for the commission of a terrorist activity;  (bb) to any individual who the actor knows, or reasonably should know, has committed or plans to commit a terrorist activity;

(cc) to a terrorist organization described in subclause (I) or (II) of clause (vi) or to any member of such an organization; or

(dd) to a terrorist organization described in clause (vi)(III), or to any member of such an organization, unless the actor can demonstrate by clear and convincing evidence that the actor did not know, and should not reasonably have known, that the organization was a terrorist organization.

(v) Representative defined; As used in this paragraph, the term “representative” includes an officer, official, or spokesman of an organization, and any person who directs, counsels, commands, or induces an organization or its members to engage in terrorist activity.

(II) otherwise designated, upon publication in the Federal Register, by the Secretary of State in consultation with or upon the request of the Attorney General or the Secretary of Homeland Security, as a terrorist organization, after finding that the organization engages in the activities described in subclauses (I) through (VI) of clause (iv); or

(III) that is a group of two or more individuals, whether organized or not, which engages in, or has a subgroup which engages in, the activities described in subclauses (I) through (VI) of clause (iv).

(C) Foreign policy;

(i) In general; An alien whose entry or proposed activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is inadmissible.

At the risk of sounding rational,  I think the only measurable standard we should hold President Trump’s feet to the fire is simply this: “Mr. President and all your kingly men and women make your roll out and policy prescription highly efficient while simultaneously avoiding the traps laid in front of you and your administration by the undermining forces inside and outside your sphere of influence.”

And if you follow the “fake news narrative” inside the giant media bubble you would think the mass hysteria over a normal course of Presidential actions were the next biggest scandal since watergate. And only after careful examination of facts as we do here in the caveman scientist lab, it’s much ado about nothing! The lame stream Media needs to take a chill pill and for once just maybe try to do their job; report the facts and let the folks decide, copy the mantra of successful cable outlets like one that claims the following; “We report you decide!” Amazing what happens when you do simple things in life, your brain activity increases exponentially making your neurons stay healthy and vibrant! And at your own pleasurable risk “believe me” when I claim as a highly unpaid scientist that a healthy myelin sheath can aid in reversing the aging process. Keep the old adage in mind; “if you don’t use it you will literally lose it!” In other words, if you don’t use the brain, it turns into scrambled eggs, that would not be cool!

 

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