Archive for the ‘Immigration’ Category

O.B.A.M.A. : An epic failure

February 15, 2010

“How could such smart people do so many stupid things? That question, or variations on it, is being asked in Washington and around the country about the Obama administration. The same people who directed the campaign that defeated Hillary Clinton and routed John McCain, a campaign that raised far more money and attracted far more volunteers than any before it, have within a year come up with a legislative program that is crashing in ruins and that, to judge from recent polls, has left the Democratic Party weaker than I have seen it in almost 50 years of closely following politics. … Team Obama failed to realize they were no longer running in Chicago or in the Democratic primaries or facing an electorate fed up with Republicans. And, more important, they failed to realize that vastly expanding government goes deeply against the American grain — and against the basic appeal of their successful campaign.” –political analyst Michael Barone

“If you’ve been paying attention to the left-wing punditry these days, you may be under the impression that the nation’s institutions are on the verge of collapse. Or that the rule of law is unraveling. Or maybe that this once-great nation is crippled and nearly beyond repair. You know why? Because the 40 percent (or so) political minority has far too much influence in Washington. Don’t you know? This minority, egged on by a howling mob of nitwits, is holding progress hostage using its revolting politics and parliamentary trickery. … President Barack Obama, after his agenda had come to a halt, claimed democracy is a ‘messy’ process — as if that were a bad thing. Actually, ‘democracy’ is not only messy but also immoral and unworkable. The Founding Fathers saw that coming, as well. So we don’t live under a system of simple majority rule for a reason, as most readers already know. The minority political party, luckily, has the ability to obstruct, nag, and filibuster the majority’s agenda. Otherwise, those in absolute power would run wild — or, in other words, you all would be living that Super Bowl Audi commercial by now. … [T]oday’s argument that the ruling party doesn’t have enough power is a reflection of a nearly spiritual belief in the wonders of government, not democracy.” –columnist David Harsanyi

“Government is taking us a long way down the Road to Serfdom. That doesn’t just mean that more of us must work for the government. It means that we are changing from independent, self-responsible people into a submissive flock. The welfare state kills the creative spirit. F.A. Hayek, an Austrian economist living in Britain, wrote ‘The Road to Serfdom’ in 1944 as a warning that central economic planning would extinguish freedom. … Hayek meant that governments can’t plan economies without planning people’s lives. After all, an economy is just individuals engaging in exchanges. The scientific-sounding language of President Obama’s economic planning hides the fact that people must shelve their own plans in favor of government’s single plan. At the beginning of ‘The Road to Serfdom,’ Hayek acknowledges that mere material wealth is not all that’s at stake when the government controls our lives: ‘The most important change … is a psychological change, an alteration in the character of the people.’ This shouldn’t be controversial. If government relieves us of the responsibility of living by bailing us out, character will atrophy. The welfare state, however good its intentions of creating material equality, can’t help but make us dependent. That changes the psychology of society. According to the Tax Foundation, 60 percent of the population now gets more in government benefits than it pays in taxes. What does it say about a society in which more than half the people live at the expense of the rest?” –columnist John Stossel

SOURCE

One

Big

Ass

Mistake

America!

h/t Texas Fred

Say it loud! He’s black,and he’s Proud!

February 11, 2010

Received in an email, read on..

I am black and I support the Tea Party!

Those words alone have sent reverberations up and down both parties. In fact, I’ve been called an “enigma”. For now, there are not too many blacks in the Tea Party. My friend, that is about to change! And you can be a part of that change!

I’ve just participated in a recent Tea Party event that coincided with the first ever National Tea Party convention in Nashville, Tennessee.

THANKS TO BARACK OBAMA…a “revolution” has begun!

This Tea Party movement is not necessarily defined by any one group, leader or politician. It is a GRASSROOTS action that is forcing both regular parties to change the way that they do business! Conservatism is NOT dead! It is being resurrected…..thanks to President Obama!

Level-headed, clear-thinking, patriotic Americans are disheartened by what they are experiencing through this current administration. The Reid-Pelosi-Obama agenda is doing permanent damage to the very fiber of our ideals as a great country.

CLICK HERE to assist me in getting the word out that a Black Leader supports the Tea Party Movement! We are setting up television and radio interviews, sending out information packets and visiting media outlets to help overturn the damages caused by President Obama. Your Donation to STAND will get this crucial, one-of-a-kind message out to a greater number of people and politicians!

Let’s do just a partial “checklist” of what I call the …“OBAMA DAMAGE FACTOR”:

  • A Christmas Day bomber (moments away from killing 300 people on an airplane in Detroit) is treated like an American citizen, instead of a terrorist that he is!
  • A $3.8 TRILLION DOLLAR economy-busting, yearly proposed budget.
  • Multi-trillion dollar deficits that our children and grandchildren will be paying and paying and paying.
  • More BIG GOVERNMENT at any cost. We have been warned by Moody’s that we are in danger of losing our Triple A credit rating. In the meantime, he is mortgaging our country to China.
  • Promise of acceptance of an open gay lifestyle in our military. As a U. S. Marine and Vietnam Era Veteran, it makes me angry that they are doing social experiments with our military at a time of when our national security is under constant threat.
  • “Big Brother” (government) overseeing our everyday life
  • Admitted communists, radical homosexual activists and even a transgender in leadership positions “czars.”
  • A hard hearted refusal to drop OBAMACARE (SOCIALIZED MEDICINE), even though the American people have made clear in election after election that we don’t want it!
  • An Air Force Academy that is dedicating its first circle of pagan worship for witches and warlocks (and the whole Academy was invited!!)
  • He says, “We are not a Christian nation!” But according to Obama, “we are one of the largest Muslim countries in the world.”
  • Obama has traveled the world denigrating our country by bowing and apologizing before thugs, dictators and despots. They should be apologizing to us and the world, not vice versa.

In short, President Obama is destroying our economy and culture, and undermining our military and national security.

CLICK HERE to help get the word out that a Black Leader supports the Tea Party Movement! We must STOP the damage being caused by President Obama. Your Donation to STAND will give this urgent message many new people!

I get ridiculed by many because I am black and do not support Barack Obama’s ideology. But this is not personal. I honor the office of the Presidency. I pray for President Obama to have a real change of heart. Unfortunately, his heart is hardened in pursuit of his radical and destructive policies. He has literally broken trust (and broken promises!) with the American people, even those who voted for him. For example, the promise of “transparency” has proved to be a joke, along with the promises he made about doing away with earmarks and keeping lobbyists out of his administration.

I CANNOT AND WILL NOT SUPPORT HIM JUST BECAUSE HE IS BLACK. I OWE MY ALLEGIANCE FIRST TO GOD AND COUNTRY, NOT TO A MAN OR MY RACE! HELP ME GET THIS MESSAGE OUT TO ALL THE OTHER RIGHT THINKING BLACK PEOPLE WHO ARE PERSECUTED FOR DISAGREEING WITH OBAMA. HELP ME TO LET THEM KNOW THAT THEY NEED NOT BE SILENT! WE WILL STAND WITH THEM!

I am a part of a small but growing number of blacks who support the grassroots Tea Party movement. At this past weekend’s first national Tea Party Convention in Nashville, Sarah Palin received a rousing welcome from a crowd of nearly 1,000 Tea Partiers as she sent a strong message of support for lower taxes, smaller government, transparency, energy independence and strong national security. She said, “I’m a big supporter of this movement. America is ready for another revolution!”

This is a movement—and a revolution—that cannot be stopped…..

They will forever OPPOSE the beliefs of President Barack Hussein Obama (and his cronies)! Help me to wipe out the “Obama Damage Factor”!

The American people are frightened by President Obama’s fiscal policies. Respected economists say his runaway spending and massive deficits could lead to economic collapse. I begin to wonder: “Why is he doing this to us?”

Many Americans suspect that he disdains our capitalist economy and wants it to fail. When it does, HE would then control everything!

He’s adding over $1 trillion in taxes, doubling the deficits President Bush left us and is making us a debtor nation to China and Japan. Given the proposed deficits in the next few years, every American family of four will owe—

CHINA ALONE….$10,000 per year!

You read that correctly. This is according to official government reports.

Please CLICK HERE to assist STAND to tell thousands more that a Black Leader supports the Tea Party Movement! We are setting up television and radio interviews, sending out information packets and visiting media outlets to help STOP OBAMA’S POLICIES! Your Donation will get this crucial, one-of-a-kind message out to a greater amount of people and politicians!

Help STAND to make a difference in our government! I receive negative communications every single hour because of my STAND for truth! Thus, the name of our organization, S.T.A.N.D.STAYING TRUE TO AMERICA’S NATIONAL DESTINY.

America’s national destiny does NOT include the over-bearing economic burden put on us by the socialistic Obama Administration. By the end of 2010 our deficit will be 77% of our Gross Domestic Product. Our interest due on the debt will soon be $700 Billion a year, more than the budget of the Defense Department. President Obama is either grossly incompetent or there is a method to his madness. Either way— WE MUST STOP HIS MARXIST CREED
AND RADICAL DOGMA
BEFORE THEY DESTROY OUR BELOVED COUNTRY!

My fellow patriot, it is way past time to take a very definitive STAND!

Our culture . . . our country . . . our defense . . . our security . . . our economy . . . our society as a whole is literally at stake. What many have fought and died for now hangs in the balance.

When I addressed and prayed at a Tea Party rally last week, I admonished grassroots Americans to support the Tea Party; more importantly, their objectives: EXPOSING corrupt and incompetent politicians—from the very top to the bottom!

I did not find any Nazis or racists there (as charged by the liberals!). I found Americans who love their country and are prepared to stand up for the values we believe in. WE DO NOT CARE THAT OBAMA IS BLACK; WE JUST WANT HIM TO BE RED, WHITE AND BLUE!

I am one of the most blessed people on earth to have been born a citizen of the United States of America. My forefather paid the price of slavery for me to be here. I love this country, and I do not like what President Obama is doing to it. The Tea Party offers tremendous hope of voting out people who are taking this country in an unconstitutional and ungodly direction. I support them whole-heartedly and I am urging all black Americans (as well as non-blacks whether Republican, Democrat or Independent!) who believe in the Judeo-Christian values which made this country great, to join with the Tea Party and their objectives.

CLICK HERE to assist me in raising up an army of Black Leaders who support the Tea Party Movement! Our new media communications will expose President Obama! Your Financial Investment in STAND will get this vital and unique message out to the greatest amount of people and politicians!

The 2010 elections present an opportunity to put the brakes on the Obama march toward socialism. Will you help me to bring a message of genuine hope to the black community that can change hearts and minds? All I want is common-sense conservative solutions and a government that abides by the Constitution. All I want is for us to judge each other by the content of our character, not the color of our skin. What happened to the post-racial President. It was a deception, but the truth has been exposed. Obama is one of our MOST racial Presidents, not a post racial President. Help me provide the leadership that will take us toward a truly COLOR BLIND SOCIETY.

Sarah Palin, the former Vice-Presidential nominee of the Republican Party also commented at the Nashville convention, “Only limited government can expand prosperity and opportunity for all. Freedom is a God-given right that’s worth fighting for.”

E.W. Jackson defends the Tea Party against Obama!

We are working very hard to bring people together across racial and cultural lines…to stand up for the values which made this nation great!

God bless you as you STAND up for America,

E. W. Jackson, Sr.

P. S. Please understand that the Tea Party is a grassroots movement, which I totally support. It offers tremendous hope of offering a viable alternative to the socialist ways of President Obama. Many liberal and selfish American politicians are taking us down an ungodly and unconstitutional path. That’s another reason why you should support STAND! I look forward to hearing from you.

YOUR donation will make a distinct difference! CLICK HERE to assist me in telling the liberal news media and true Americans that a Black Leader supports the Tea Party Movement! Help overturn the damage caused by President Obama. Your Donation to STAND will get this fundamental message to many others! STAYING TRUE to AMERICA’S NATIONAL DESTINY
P.O. Box 15111
Chesapeake, Virginia 23328

Smell the coffee: ABC Poll reflects disatisfaction

February 11, 2010

I nearly fell out of my seat when I read the headline. An ABC / Wapo poll said what people have been saying since before the last election. From onerous taxation to the economy to obamacare and gun control the list is seemingly a mile long.

Figure it out big government types. We are mad as can be, and no, we will not allow ourselves to be disarmed, nor will we allow you to shut us up. We are fed up with neo-cons and neo coms telling us that we are all to stupid to know what is best for ourselves and our families. We are fed up with our sons and daughters being sent off to wars that are none of our business while at the same time leaving our nation vulnerable.

The United States is becoming Balkanized more and more each day and it can be directly attributed to the breakdown in our liberty and freedom,and that is due to the government. All three branches…

MORE

Election Preview

January 31, 2010

“Turn out the lights, the party’s over” Has the fat lady sang her song? I myself think it’s a bit early to be saying that. Not to mention that between now and “Judgment Day 2010” an awful lot of damage can be done by the neo-communist that are running things at present. Also despite the current thrills being enjoyed by the election of Scott Brown, he is  a Massachusetts conservative, as exemplified by his voting record. That puts him somewhere to the left of RINO John McCain…

From the ‘Non Compos Mentis’ File

“You know, I was trying to think about who [Barack Obama] was tonight, and it’s interesting: He is post-racial by all appearances. You know, I forgot he was black tonight for an hour.” –MSNBC host Chris “thrill up my leg” Matthews, with a slobbering sycophantic (and genuinely racist) analysis of the SOTU

Election Preview: Democrats

Democrats have experienced a nearly unprecedented reversal of fortune lately, and the bad news just keeps on coming. Arkansas Representative Marion Berry became the sixth Democrat to announce his retirement, and his district is expected to go Republican in November. He told the Arkansas Democrat-Gazette that he urged the White House not to repeat the mistakes of 1994, when congressional Democrats were defeated resoundingly at the polls. He said Obama fired back, “Well, the big difference here and in ’94 was, you’ve got me.”

The arrogance necessary to make that kind of comment suggests that Obama has been tapping the keg of his own Kool-Aid. Given the disastrous results of his efforts on behalf of gubernatorial candidates in Virginia and New Jersey, and on behalf of Ted Kennedy’s senatorial heir apparent in deep-blue Massachusetts, he’s vastly overestimating his marquee value. His much-vaunted health care plan is all but dead, and now House and Senate Democrat leaders will be lucky to keep more members from retiring early. So maybe the “big difference” Obama was referring to is the loss of even more than 54 seats in the House.

Even Vice President Joe Biden’s son Beau has seen the writing on the wall. He announced this week that he would not run for the Senate seat vacated when his father became VP. Beau, who is Delaware’s Attorney General, indicated that he’s just too busy with a controversial child abuse case to focus on a statewide race. Yeah, right. If the Democrats in Massachusetts can’t keep the “Kennedy Senate seat” that they held for half a century, what chance does the vice president’s son have in Delaware? Republican candidate Mike Castle, a popular congressman and former governor, raised almost $2 million in campaign cash and has run virtually unopposed while Biden was still making up his mind about whether to run.

Election Preview: Republicans

The political landscape indeed favors Republicans, which also means tight races at the primary level. The contest for Florida’s Senate seat has turned into a statistical dead heat between Gov. Charlie Crist and former state House Speaker Marco Rubio. The moderate Crist’s comfortable lead has faded away in recent weeks, as he continues to take heat for Florida’s economic difficulties. The state has double-digit unemployment and was the hardest hit by the housing collapse. Crist’s popularity is dropping and Rubio, a solid conservative, is now closing the gap in the polls and in the cash department. Both candidates are comfortably ahead of Democrat Kendrick Meek.

In Arizona, erstwhile presidential candidate John McCain is facing a challenge for his Senate seat. Former Congressman J.D. Hayworth announced his candidacy, claiming he was motivated to take on McCain because the latter was an “enabler” of Obama’s fiscal policies. McCain certainly is not as conservative as he or the Leftmedia fancy. To name but a few examples, he co-sponsored the McCain-Feingold campaign finance debacle that the Supreme Court partly struck down last week; the McCain-Edwards-Kennedy Patient’s Bill of Rights imposing a new set of onerous mandates on the insurance industry; the McCain-Lieberman Climate Stewardship cap-and-trade bill; and the McCain-Kennedy Amnesty and Open Borders Act legalizing dozens of millions of illegal aliens. And that’s not to mention his opposition to the Bush tax cuts; his vicious attacks and vendettas against South Carolina Christians in the 2000 presidential primary, as well as the Swift Boat Veterans and Club for Growth; and his vote (one of six Republicans) against drilling for oil in the Arctic National Wildlife Refuge.

Of course, Hayworth’s voting record in Congress is nothing worth bragging about, either. He voted for the hefty farm and highway spending bills and also had a penchant for earmarks before he was ousted in 2006. Barry Goldwater, call your office.

SOURCE

Epic Fail obama throws a temper tantrum

January 30, 2010

The impostor in chief acted like a two year old when he showed up at a GOP retreat. Just what we need in a POTUS right?

WASHINGTON – President Obama dove headfirst into the belly of the GOP beast Friday – and left the not-so-loyal opposition bleeding on a Baltimore ballroom floor.

He skewered Republicans for obstructionist tactics, dubious facts and a lack of civility in opposing his domestic agenda, especially health care reform.

Let’s see Mister President. You can’t seemtofigure it out, so I will address just a few of the issues that have the people of America not just angry, but thoroughly ticked off at you, and your gang of thugs!
  • Health care is for us to decide about not you, or any of your czars!
  • Cap and trade is nothing but a money making scheme that will cripple our economy even further.
  • Man made climate change is a farce. Call it what it is and get on with business…
  • Your closet attempts at gun control will only lead to a full blown revolution. Molan Labe!
  • The American people are against illegal immigration as well as any sort of amnesty for those that broke our laws. Figure it out bright boy!
  • Taking over private business’s should be done through our quasi free market system, not by politicians.
  • We really are in a war on terrorism, and as of late most terrorist’s are muslims. Admit it, and do your job as CIC.
  • Americans do not bow to foreign leaders, ever!
  • The stealth approach to gun control via the U.N. isn’t so stealthy, read above.
  • You hired a pervert to be “safe schools czar?”
  • The economy will not be helped by more Keynesian socialism. Stop spending our grandchildren’s  heritage.
  • Lastly, stop blaming Bush, it’s your agenda now.

No Mister obama, it’s not the Republicans. It is the American People that are against you, your programs, and the thugs that you have working on your team…

Rep. Gutierrez Introduces Mass Amnesty Bill

January 25, 2010

While everyone’s eyes were on Massachusetts,and the democrat meltdown there were still shenanigan’s going on in foggy bottom. Few things have fired up the American people as much as the illegal immigration issue, and, the democrats are no dummies whether you or I agree or disagree with them. Using sleight of hand, as in during all the distraction mentioned above guess what they were up too?

Tuesday, December 15, 2009, 4:47 PM EST – posted on NumbersUSA

Rep. Luis GutierrezRep. Luis Gutierrez

Rep. Luis Gutierrez (D-Ill.) introduced legislation today that offers amnesty to the nation’s estimated 11-18 million illegal aliens. The Comprehensive Immigration Reform for America’s Security and Prosperity Act (H.R. 4321) would increase annual immigration numbers while putting an end to many of the enforcement mechanisms currently put into place by federal, state and local governments.

Rep. Solomon Ortiz (D-Texas) is the bill’s official sponsor. The bill was introduced with 91 original cosponsors including Rep. Gutierrez.

H.R. 4321 would offer amnesty to all illegal aliens living in the United States at the time of the bill’s passage as long as they meet a short list of requirements, including a criminal and security background check and a fine of $500 which will be waved for children and individuals who entered the country before the age of 16. Illegal aliens can then become citizenship by meeting requirements over a six-year period.

The bill would also discontinue E-Verify in lieu of a new employment authorization system. The initial outline of the bill provided by the American Immigration Lawyers Association does not offer details of the new system, but Rep. Gutierrez championed a biometrics verification system during a Senate Immigration Subcommittee hearing earlier this year.

The bill would create an independent commission that would make recomendation towards the future flow of workers based on the needs of the market place. The bill would also establish a work match system that allows employers who have historically relied on illegal workers to find workers through an internet-based system.

The bill would attempt to close up some of the loopholes in current visa classes, more specifically the H-1B visas for high-skilled workers, but the bill would not reduce the number of these visas currently issued.

The bill also includes the AgJOBS amnesty, which grants amnesty to illegal farm workers who can prove they’ve worked consistently in the United States over a set period of time, and the DREAM Act, which grants amnesty to illegal aliens who graduated from U.S. high schools and wish to attend college.

The following summary is provided by the American Immigration Lawyers Association…

Comprehensive Immigration Reform for America’s Security and Prosperity (CIR ASAP) Act of 2009

TITLE I – BORDER SECURITY, DETENTION, AND ENFORCEMENT

Subtitle A – Border Security:

Subtitle A of Title I assembles a vision of effective and accountable enforcement for the 21st century through maximizing border security by requiring the Secretary of Homeland Security to form a national strategy that is consistent with the progress already made. In order to achieve these goals, oversight and accountability for the Department of Homeland Security is emphasized, especially as they pertain to fiscal appropriations and cost-benefit analyses of operations and programs.

Protecting Our Borders: This subtitle protects United States border cities and communities from violence and crime along the U.S.-Mexico border by:

  • Creating a Southern Border Security Task Force that is composed of federal, state, and local law enforcement officers
  • Requiring a security plan for land ports of entry at the borders involved in international trade
  • Expanding the programs under the Customs-Trade Partnership Against Terrorism that is in accordance to the SAFE Port Act
  • Improving the exchange of information between federal agencies on North American Security by a conducting a targeted study of security clearance standards, document integrity, immigration and visa management and coordination, terrorist watch lists and smuggling operations

Effective Enforcement: Subtitle A achieves effective enforcement by improving personnel, assets and technology. This section:

  • Supports additional training, oversight and evaluation for agents who are the first face of America at the borders
  • Ensures that Customs and Border Protection have sufficient personal equipment like body armor, weapons, and uniforms, and that Customs and Border Protection have sufficient assets such as helicopters, power boats, motor vehicles and other electronic equipment
  • Promotes standards for searches of electronic devices and appropriate training for agents in conducting such searches
  • Minimizes wasteful spending by developing and studying comprehensive uses of advanced technologies, such as aerial and automated surveillance
  • Requires an inventory prior to any increase of personnel assets and technology

Securing Ports of Entry: Our nation’s ports of entry are modernized for our economic benefit and security by conducting a study of the infrastructure and operations to identify necessary improvements and projects to enhance border security and the flow of legitimate commerce and travel. This section:

  • Improves infrastructure and recalibrates resources and training to allow for more effective screening of commercial goods and individuals so as to minimize threats to national security at ports of entry
  • Increases the number of full-time port of entry inspectors, agricultural specialists, and support staff to improve the timely and safe flow of commercial goods and individuals
  • Establishes a demonstration project to test and evaluate new port of entry technologies and also refines existing technologies and operational concepts

Combating Criminal Activity: This subtitle recognizes the role of state law enforcement at the border in combating criminal activity by creating border relief grant programs for Northern and Southern border state, local and tribal law enforcement entities. This section:

  • Enables better training and technical assistance for state and local partners that deals with narcotics-related kidnapping, drug trafficking and the interdiction of weapons and currency
  • Facilitates information-sharing and collaboration between federal and state partners
  • Suspends the Operation Streamline program pending review of the goals, impacts and costbenefit analyses
  • Reimburses Northern and Southern border state and local prosecutors for prosecuting federally initiated drug cases
  • Provides expanded resources for Operation Armas Cruzadas and Project Gunrunner to identify, investigate, and prosecute individuals involved in the trafficking and smuggling of firearms between Mexico and the United States.

Improving Partnerships: The importance of border communities as partners and allies are recognized as key in achieving effective enforcement by prioritizing community consultation in developing enforcement policies, border protection strategies and training. This subtitle:

  • Establishes the U.S.-Mexico Border Enforcement Commission and a Border Communities Liaison Office to foster and institutionalize community consultation
  • Prohibits military involvement in non-emergency border enforcement
  • Prioritizes mitigating adverse impacts to federal, tribal, state, local and private lands, waters, wildlife and habitats by promoting cross-agency development of comprehensive monitoring and mitigation of ecological and environmental impacts of border security infrastructure and activity

Combating Human Trafficking: Subtitle A requires the development and implementation of a plan to improve coordination amongst federal and state partners to address human smuggling and migrant deaths. This section calls for additional ICE agents dedicated to combating human smuggling are stationed at ports of entry, requires reporting on migrant deaths, and establishes a study of strategies used at the Southern border to address this problem.

Subtitle B – Detention:

Improving Conditions of Detention: The bill requires DHS to meet minimum requirements to ensure the humane treatment of detainees. Minimum requirements include:

  • Adequate medical and mental health screenings, evaluations, medically necessary treatment, and continuing care
  • A review process for medical treatment requests and complete and confidential medical records
  • Reasonable access to telephones, affordable rates, and privacy protections for calls
  • Protections from sexual abuse, care for victims, and reports and investigations of abuse
  • Protection from transfers that fail to consider health and access to counsel

To ensure compliance with minimum detention conditions, the bill requires rulemaking and enforcement. An independent immigration detention commission is established to investigate and report on compliance. DHS must report the death of a detainee within 48 hours, and report annually to Congress on the circumstances of all deaths in detention.

Protecting U.S. Citizens, Lawfully Present Immigrants, Vulnerable Populations, and Communities: This section increases screening and protections during immigration-related enforcement activities for U.S. citizens, Legal Permanent Residents, others lawfully present in the U.S., and vulnerable populations. Social service agencies, translators, and legal services must be available during enforcement activities. DHS will be required to:

  • Issue regulations prohibiting apprehensions at enumerated community, educational, and religious locations
  • Provide access to legal orientation programs and access to counsel during enforcement activities and for disabled individuals unable to fully participate in removal proceedings
  • Give timely notice and service of immigration charges, as well as timely bond hearings if detained more than 48 hours

This section increases protections for individuals subject to immigration detainers, limits the use of detainers to confirmed removable aliens, and requires DHS to collect data and report on detainer use. The unnecessary detention of refugees is prohibited. DHS is required to report to Congress on the impact of immigration-related enforcement activities.

Improving Secure Alternative to Detention Programs: Criteria are established to guide detention and release decisions and require release for vulnerable populations. Detention decisions must be in writing, served upon detainees, and are subject to redetermination by an immigration judge.

Protecting Family Unity: Families with children may not be separated except in exceptional circumstances where alternatives to detention are not available. Residential, non-penal facilities are developed for any necessary family detention with appropriate protections for children and parental rights. The bill includes safeguards for families and children during immigration-related enforcement actions by:

  • Improving child welfare services for children separated from parents and guardians who are in immigration detention or have been removed
  • Requiring training for federal and state personnel who interact with separated children and for staff at immigration detention facilities on parental rights, humanitarian, and due process protections
  • Ensuring protections for detained parents, guardians, and caregivers in immigration detention to promote access to children, family courts, child welfare services, and consular officials

Protecting Unaccompanied Alien Children: Training is required for DHS employees who encounter unaccompanied alien children. Upon apprehension of an unaccompanied alien child, immediate notice is required by DHS or ORR and transfer to ORR custody within 24 hours.

Subtitle C – Enforcement:

Protecting workers: Provides temporary visas and work authorization for detained workers when they have been retaliated against by their employer for asserting their labor rights and they agree to pursue labor claims against their employer. Also expands U visas to provide for whistleblower protections with regard to worker exploitation, civil rights violations and retaliation for exercising labor rights.

Address Reporting: Clarifies address reporting requirements

Ending Discrimination: Preempts any state or local law that discriminates against an individual based on immigration status or imposes sanctions on any individual or entity based on the immigration status of its clients, employees or tenants

Repeals the 287(g) program: Repeals the 287(g) program and clarifies that the authority to enforce federal immigration law lies solely with the federal government

ICE Ombudsman: Establishes an Immigration and Customs Enforcement (ICE) Ombudsman Asylum: Eliminates the arbitrary 1-year bar to applying for asylum

Restores federal jurisdiction: Restores the federal courts of their jurisdiction to review decisions and practices of DHS thereby also restoring the historic role that the courts play in reviewing agency actions

TITLE II – EMPLOYMENT VERIFICATION

This section sets up an employment verification system for employers to verify each new hire’s authorization to work. The new system will eventually apply to all workers and all new hires, and will be rolled out in phases, beginning with critical infrastructure employers and large employers. The employment verification system:

  • Creates significant civil penalties for employers who do not comply with the requirements under the new system
  • Establishes serious criminal penalties for knowingly hiring unauthorized aliens
  • Debars employers who repeatedly violate these provisions from government contracts, grants, and agreements
  • Includes privacy safeguards by limiting the data that can be collected and stored in the database and requiring the agencies to develop the system with maximum security and privacy protections
  • Requires the agencies to evaluate impact of system from a privacy perspective and complete privacy impact statements
  • Prohibits creation of a national identification card
  • Includes anti-discrimination provisions. Forbids employers from using the new system to discriminate against applicants or employees on the basis of nationality. Prohibits employers from terminating employment due to a tentative non-confirmation, using the system to screen employees prior to offering employment, or using the system selectively
  • Allows an individual to register with the Social Security Administration and acquire a PIN that would allow them electronic access to their file in the system, update their information, and lock their file for purposes of employment

TITLE III – VISA REFORMS

Backlog Reduction and Numerical Limit Reforms:

Reduction of existing backlogs: Permits the “recapture” of unused employment-based visas and family-sponsored visas from fiscal years 1992-2008 and allows future unused visa numbers to roll over to next fiscal year. Immediate relatives are exempted from the annual cap on the number of immigrant visas. This section increases the percentage limit of visas which may be issued yearly to a single country.

Promotion of Family Unity: To recognize family unity principles and facilitate backlog reduction, reclassifies spouses and children of lawful permanent residents as immediate relatives. The government is given greater discretionary authority to waive unlawful presence bars to reunite families upon a demonstration of hardship for applicant’s U.S. citizen or lawful permanent resident family members.

Sons and daughters of Filipino World War II veterans: Exempts the sons and daughters of Filipino WWII veterans from the annual numerical limitations.

Immigrants with Advanced Skills Exempt from Visa Cap: Exempts several categories of highly skilled workers from the employment-based immigrant visa cap.

Retaining Workers Subject to the Green Card Backlog: Current nonimmigrant skilled workers whose employer has petitioned for an employment-based green card on their behalf and their dependents will be permitted to file an application for adjustment of status, regardless of whether a visa is immediately available. An applicant under this section must pay a supplemental $500 fee, to be used by DHS for backlog reduction and clearing security background check delays. The Secretary shall provide employment and travel authorization in 3- year increments while the application is pending.

Protection of Children and Families:

Relief for Orphans and Widows: Ensures that surviving spouses and children applying for adjustment of status or naturalization, including spouses and children of asylees and refugees, retain eligibility for waivers and other considerations that would have been available to them at the time of the petitioner’s death.

Reform of Cancellation of Removal: Permits immigration judges greater discretion in determining eligibility requirements for long-term lawful permanent residents seeking cancellation of removal. Eliminates prohibitions on including time spent in the United States after becoming inadmissible or being placed in removal proceedings as counting towards continuous presence requirements for cancellation of removal.

Protection for Refugees, Parolees or Asylees: Prohibits the removal of any individual who fled his or her homeland for fear of persecution before the age of twelve and was subsequently admitted into the United States as a parolee or refugee or was granted asylum in the U.S.

Enhanced Protections for Children: Revises current law to ensure that the children of fiancés of United States citizens will be protected from aging out of eligibility to adjust to conditional resident status by requiring that eligibility determinations are based on the child’s age at the time the U.S. citizen files a petition for classifying the child’s parent as a fiancé or spouse. Eliminates he requirement that stepchildren must have been under the age of 18 at the time the qualifying marriage took place in order to be classified as a child for purposes of immigration eligibility.

Limits on Removal for Parents of U.S. Citizen Children: Permits an immigration judge to decline to order the removal of the parent of U.S. citizen child if the judge determines that removal would not be in the child’s best interests and the parent is not subject to removal based on national security, terrorism or trafficking grounds.

Determinations under the Haitian Refugee Immigration Fairness Act of 1998: This section amends the Haitian Refugee Immigration Fairness Act of 1998 (HRIFA) to preserve eligibility for children of applicants based on their age on the date of enactment of HRIFA and permits new applications and motions to reopen on that basis.

Affidavit of Support: Revises the eligibility requirements for sponsorship of immigrants by reducing the level of support required from 125% of poverty level to 100% of poverty level.

Return of Talent Program: Permits lawful permanent residents to temporarily return to their home country to assist in post-conflict or natural disaster reconstruction activities, for up to two years without losing credit towards time as a continuous resident of the U.S. for purposes of applying for naturalization.

Humanitarian Visa Program to Prevent Unauthorized Migration (PUM Visa): Prevent Unauthorized Migration Visa (PUM Visa) Creates a stop-gap new visa program that will provide for safe, humanitarian migration during the three-year transition period before the implementation of recommendations made by the new Labor Commission.

  • One hundred thousand PUM visas will be made available annually, for three years, to persons from sending countries of unauthorized migration to the United States to be distributed on a percentage basis through a lottery system.
  • Individuals may apply to the lottery if they are not present in the United States at the time of filing, do not have other family or employment-based means to immigration, submit to criminal background checks, and have completed less than a 4-year college degree program.
  • Individuals awarded visas will be admitted to the United States as conditional residents and may petition to remove the condition after three years upon showing they have good moral character, pass all required background and security checks, comply with all tax requirements and other factors, including payment of a $500 fee that will be used to fund security and employment programs.

TITLE IV – EARNED LEGALIZATION PROGRAM FOR THE UNDOCUMENTED

Visa Program for Qualified Undocumented Workers: Creates a program providing conditional nonimmigrant status for undocumented immigrants (and their spouses and children) in the U.S., which is valid for six years.

Features of the Conditional Nonimmigrant Program:

  • Provides conditional nonimmigrant visa applicants with work and travel authorization and protection from removal
  • Bars related to undocumented status will be waived (security and criminal bars cannot be waived)
  • Contains provisions for administrative and judicial review of denied applications

Requirements for Conditional Nonimmigrant Status: The alien must:

  • Establish presence in the U.S. on the day of introduction, and continuously thereafter
  • At time of registration, attests to contributions to the U.S. through employment, education, military service, or other volunteer/community service (with exemptions for minors, persons with disabilities, the elderly, or other unusual circumstances)
  • Complete criminal and security background checks
  • Pay a $500 fine plus necessary application fees (fine exemption for children and certain immigrants who initially entered the U.S. before the age of 16)
  • The individual shall be ineligible to receive a visa as a result of a serious criminal conviction, persecution of another person or reasonable grounds for believing that the alien committed a particularly serious crime abroad
  • There is a penalty of up to five years’ imprisonment for anyone who willfully falsifies information in an application for conditional nonimmigrant status

Adjustment of Status to LPR: Provides qualified conditional nonimmigrants and their spouses and children with an opportunity to apply for lawful permanent resident status (green card) and eventual citizenship.

Features of the Earned Adjustment of Status Program:

  • No green cards may be issued under this program earlier than six years after the date of enactment unless existing immigrant backlogs have been cleared before that time
  • The Department of State and DHS are required to provide any requesting law enforcement entity with information furnished on an application in connection with a criminal or national security investigation or prosecution
  • New penalties for making false statements in an application for earned citizenship are created
  • Immigrants who adjust from a conditional nonimmigrant visa (including dependents) to lawful permanent resident status shall not be counted against the worldwide numerical visa caps
  • Those appealing decisions associated with the application for adjustment to permanent status have access to a defined administrative and judicial process

Special Rule for Persons Brought to the United States Before the Age of 16: In order to simplify processing of applicants under CIR ASAP, those persons ordinarily covered under the DREAM Act will apply for status through the same program outlined above, with the following special features:

  • No fines for persons who were brought to the United States before the age of 16, have resided in the U.S. for at least five years, and were 35 years of age or less
  • Such persons will be eligible for accelerated LPR status upon graduation from high school, and completion of two years of college, military service, or employment. Persons granted LPR status under this provision will be eligible for naturalization three years after the date LPR status is granted
  • Graduation from a U.S. high school or receipt of an equivalency degree will meet the English proficiency requirement
  • Individual states permitted to determine residency requirements for in-state tuition purposes

Requirements for Earned Adjustment: The applicant must:

  • Demonstrate contribution to the United States through employment, education, military service, or voluntary or community service, where applicable
  • Complete criminal and security background checks
  • Establish registration under the Selective Service (if applicable)
  • Meet English and civics requirements
  • Undergo a medical examination
  • Pay all taxes
  • Show admissibility to the U.S

Other Provisions in Title IV:

AgJOBS Act of 2009

TITLE V – STRENGTHENING AMERICA’S WORKFORCE

Title V of CIR ASAP strengthens America’s workforce by reforming the badly-flawed H-1B, H- 2B and L-1 visa programs and establishes a Commission on Immigration and Labor Markets to provide researched, unbiased, accurate recommendations for future flows of workers. It also permanently reauthorizes the EB-5 visa program and establishes stricter requirements for employers and recruiters of foreign workers. Title V additionally establishes the American Worker Recruit and Match System which will match qualified individuals with job opportunities in fields that traditionally have relied on unauthorized labor. Furthermore, this title establishes the Security and Prosperity Account which directs funds raised from fines in the earned legalization program to fortify America’s workforce, integrate new Americans and safeguard our borders.

Commission on Immigration and Labor Markets: Title V establishes a new independent federal agency known as the Commission on Immigration and Labor Markets. The Commission will:

  • Establish employment based-immigration policies that promote economic growth and competitiveness while minimizing job displacement, wage depression and unauthorized employment
  • Create and implement a policy-focused research agenda on the economic impact of immigration on multiple levels
  • Collect and analyze information on employment-based immigration and publish the data and analysis
  • Recommend to Congress and the President appropriate methods for determining the levels of employment-based immigration and assessing the effects of such immigration as well as the numerical levels and characteristics of procedures for future flows of workers to be admitted into the United States

Security and Prosperity Account: The Security and Prosperity Account is established in Title V to fund efforts to strengthen our workforce, including:

  • Grants to states for adult and dislocated worker employment and training activities
  • Funding for the Electronic Employment Verification System to ensure that all individuals working in the U.S. are authorized to do so
  • Funding for the Commission on Immigration and Labor Markets to provide sound, researched and objective employment based immigration policy
  • Dislocated workers assistance national reserve funding
  • Establishment of AWRMS programs and funds educational purposes
  • Funding to reduce the USCIS visa backlog to ensure a timely and reliable process for all individuals applying for visas and further the integration of new Americas with programs that, for example, facilitate citizenship for legal permanent resident students and create citizenship promotion services
  • Funding for border security, detention and enforcement activities

American Worker Recruit and Match System: Title V establishes the American Worker Recruit and Match System (AWRMS), which is an internet-based program that is set up by each State Workforce Agency (SWA) to be incorporated into current Web-based job search engines. AWRMS is a searchable database that allows employers to post job opportunities in fields that have traditionally relied on unauthorized labor. In addition, individuals can post their employment profiles and AWRMS will match employers with qualified individuals.

Protecting Workers: Title V protects foreign workers from exploitation and abuse by ensuring that each prospective employee is provided a written description of the terms of their employment which may not knowingly include any misleading or false information. In addition, each employer must provide to the Secretary of Labor the identity of all recruiters working on their behalf and any possible violations committed by a recruiter. An employer will be held responsible for the actions of a recruiter and may be subject to civil penalties.

H-1B visa program: The current H-1B visa program does not adequately protect American or H-1B workers. Title V reforms the H-1B visa program to:

  • Ensure that before an employer can hire an H-1B worker, the employer must meet strict requirements for the recruitment of American workers
  • Authorize the Department of Labor (DOL) to initiate investigations into possible fraud and abuse in the absence of a formal complaint and/or the Secretary’s approval.
  • Increase penalties for violations
  • Authorize the DOL to conduct annual audits of employers that rely heavily on the H-1B program

L-1 visa program: The L-1 visa program is currently vulnerable to fraud and abuse. CIR ASAP authorizes the Secretary of Homeland Security to audit L-1 visa participants. Penalties will be assessed for violations of the provisions of the L-1 visa program.

H-2B visa program: The H-2B visa program is reformed to prevent the exploitation of H-2B non-immigrants and the depression of wages and other workplace abuses by exploitative employers. Reforms to the program:

  • Include stricter requirements for recruitment of American workers
  • Prevent employers from participating in the program if they have conducted a mass lay-off in the past year and includes strengthened worker protections

EB-5 Visa program: The EB-5 Visa program is permanently reauthorized within Title V with an increase in available visas to 10,000. It also allows for an expedited processing of petitions for a fee of $2,500. The definition of Targeted Employment Area (TEA) is expanded to include:

  • Rural areas,
  • High-unemployment areas
  • Counties with a 20 percent or more population decrease since 1970
  • Areas within the boundaries of state or federal economic development incentive programs
  • Areas designated as TEAs by a state agency authorized by the Governor
  • Areas designated as TEAs during the two year period before visa application

In addition, Title V requires the Secretary of Homeland Security to study and report on the current job creation counting methodology and how to promote the employment creation program to overseas investors. Lastly it creates a new category of job-producing foreigners eligible for visas: venture capitalist seeking a Founder’s visa.

TITLE VI – INTEGRATION OF NEW AMERICANS

Immigration Fees: Immigration fees have risen steeply in the past decade. Title VI will ensure that future fee increase requests receive closer scrutiny than provided by the largely perfunctory regulatory public comment process. Title VI incorporates and expands on provisions of the Citizenship Promotion Act of 2007 to make citizenship more accessible and affordable. This title:

  • Provides for greater transparency for immigration application fees and encourages a uniform process to submit fee waiver applications
  • Provides for uniform administration of the naturalization exam
  • Promotes citizenship of the elderly by adjusting the age requirements for English language exemption

Improving the Naturalization Process: The process for naturalization is lengthy and difficult to navigate. Title VI creates reforms that encourage citizenship among immigrant communities. This section requires timely response on background checks and evaluates their efficiency. In addition, this title includes a grant program for community based organizations to promote and help immigrants prepare for citizenship. These grants in support of naturalization efforts will assist legal permanent residents with:

  • English language and citizenship classes
  • Legal assistance
  • Community outreach activities
  • Assisting aliens with applications for citizenship

Integration Grant Programs:

Title VI includes a grant program for education, training and support efforts relating to the provisions of the CIR ASAP Act, including protections from immigration fraud and the availability of benefits provided by the act. Provisions ensure that to the extent possible, the nonprofit community organizations receiving grants serve geographically diverse and ethnically diverse locations.

USCIS Grant Program: Title VI establishes a grant program within USCIS that provides funding to community-based organizations, including community-based legal service organizations, as appropriate, to develop and implement programs to assist eligible applicants for naturalization. Grants provided for in Title VI will be funded through fees and fines deposited in the Security and Prosperity Account.

Initial Entry, Adjustment, and Citizenship Assistant Grant Program: Title VI establishes the Initial Entry, Adjustment and Citizenship Assistance Grant Program. IEACA grants will be awarded to community-based organizations for the design and implementation of programs to provide the following services:

  • Assistance and instruction, including legal assistance, to aliens making initial application for conditional nonimmigrant or conditional nonimmigrant dependent classification
  • Assistance and instruction, including legal assistance, to aliens seeking to adjust their status
  • Assistance and instruction to applicants on the rights and responsibilities of US citizenship and English language proficiency

Improving Naturalization for Legal Permanent Residents: Facilitates citizenship among Legal Permanent Resident students that want to naturalize. Legal Permanent Resident students will be deemed to have satisfied the language and civics requirements for naturalization if they are able to demonstrate they graduated high school after completing grades 6 through 12 in the United States and the curriculum reflects knowledge of U.S. history, Government, and civics.

Strengthening Communities: Title VI strengthens and unites communities by creating incentives for English language acquisition programs. Creates tax credits for teachers in limited English proficient schools. Provides employers with a tax credit for qualified English language education programs. Authorizes states to form State New American Councils comprised of 15- 19 individuals from state and local government, business and community organizations.

Celebrating Citizenship: Title VI celebrates the citizenship of new Americans and encourages these individuals to integrate into their communities. It provides for the availability of funds to the Director of USCIS or to approved public or private nonprofit entities to support public ceremonies for administering oaths of allegiance to naturalizing legal immigrants. Independence Day naturalization ceremonies include appropriate outreach, ceremonial, and celebratory activities. This program shall be funded through fees and fines deposited in the Security and Prosperity Account.

SOURCE

Don’t “fix” it, kill it!: Put obamacare in the crosshairs

January 23, 2010
Anti-gun ObamaCare on Life Support!
— ObamaCare needs one final stake through its heart

Gun Owners of America E-Mail Alert
8001 Forbes Place, Suite 102, Springfield, VA 22151
Phone: 703-321-8585 / FAX: 703-321-8408
http://gunowners.org

Friday, January 22, 2010

Congratulations on a tremendous victory on Tuesday!  And thank you all for your help in getting Scott Brown elected to the U.S. Senate in Massachusetts.

Gun Owners of America was the first national gun lobby to endorse Brown, and with your aid, he was receiving more than one million dollars a day in his comeback win over anti-gun Martha Coakley.

With your help, Massachusetts — the bluest of blue states — has sent a message to Washington:  take your ObamaCare bill and shove it!

By a vote of 52% to 47%, Massachusetts voters sent anti-ObamaCare candidate Scott Brown to the Senate — defeating liberal icon Martha Coakley.  And D.C. Democrats are beginning to understand that GOP victories in New Jersey and Massachusetts are merely a precursor to the electoral bloodbath still to come in November.

Obama-Pelosi still committed to passing socialized health care

But has the prospect of losing two hundred congressional seats caused Barack Obama and Nancy Pelosi to back off of their efforts to shove this bill down the throats of the American people?

Amazingly, no.

It”s like you stepped in something.  And, as much as you scrape and scrape the bottom of your shoe, you just can”t get rid of the smell.

At first, Pelosi’s strategy was to get the House to pass the Senate version of ObamaCare — verbatim — so that the bill goes straight to the Oval Office, without having to break another filibuster in the Senate (which no longer has a filibuster-proof majority).

Thankfully, there are SO MANY rank-and-file Democrats who have revolted against this strategy (Democrats who are scared to death of losing their seats) that Rep. Pelosi yesterday said the Senate bill is not viable… WITHOUT CHANGES.

“I don’t see the votes for [the Senate bill] at this time,” Pelosi said.  But note the words “at this time.”

Despite huge obstacles, Pelosi trying to resurrect ObamaCare

Pelosi did say there’s a “foundation in that bill” they can work with.  So Pelosi may just try to pass one big fix-up bill — using a “reconciliation” bill that will only need 51 votes when it goes to the Senate — or simply break up the Senate bill into smaller pieces and send those parts to the President.

But remember that the Senate health care bill which Pelosi now seeks to fix contains the following problems:

* It will allow BATFE to troll a health/gun database in order to take away firearms from tens of millions of Americans;

* It is jam-packed with billions of dollars of bribes paid to buy the votes of sleazy senators;

* It will impose a host of new taxes, force Americans to buy expensive insurance which they can’t afford, and increase insurance premiums in the individual market by 10 to 13%; and,

* It will continue the bankrupting of our country by increasing the deficit by half a trillion dollars, when the underhanded accounting tricks are discounted.

You can be sure that most, if not all, of these problems will be left untouched.

ACTION: So please contact your Representative.  Tell him or her to vote against the bribe-filled Senate ObamaCare bill, and that no amount of “fixing” will make this bill acceptable.  The Senate already tried to fix the gun problems in the bill but failed miserably.

You can use the Gun Owners Legislative Action Center at http://www.gunowners.org/activism.htm to send a pre-written message to your Representative.

—– Pre-written letter —–

Dear Representative:

You are being urged by Nancy Pelosi to dive into the Senate’s moral cesspool and pass its ObamaCare bill — either cut up in pieces or, as a whole, accompanied by a “fix up” reconciliation bill.

If you do this, the Massachusetts results are just the faintest of forebodings of the electoral bloodbath which will erupt in November.

The American people have made it clear they do not want Nancy Pelosi and Harry Reid to cram this bill down our throats.  And yet, Pelosi delusionally concludes that the path to electoral success is to keep cramming and cramming and cramming and cramming.

In case you have forgotten, the Senate ObamaCare bill:

* Will allow BATFE to troll a health/gun database in order to take away firearms from tens of millions of Americans;

* Is jam-packed with billions of dollars of bribes paid to buy the votes of sleazy senators;

* Will impose a host of new taxes, force Americans to buy expensive insurance which they can’t afford, and increase insurance premiums in the individual market by 10 to 13%; and,

* Will continue the bankrupting of our country by increasing the deficit by half a trillion dollars, when the accounting tricks are discounted.

Please tell me now that you oppose this bill and that no amount of “fix up” will make it acceptable.  The Senate already tried to fix the gun problems in the bill but failed miserably.  It’s time to pull the plug on ObamaCare.

Sincerely,


Second Amendment March

Check out the Second Amendment March speakers lineup.  In addition to GOA’s Larry Pratt, confirmed speakers include: Former Texas state Representative Suzanna Hupp (a survivor of the Luby’s massacre), Sheriff Richard Mack, Stewart Rhodes of Oath Keepers and many others.

Find out more at: http://www.secondamendmentmarch.com

FEDS RESPOND TO FIREARMS FREEDOM ACT

January 21, 2010
FEDS RESPOND TO FIREARMS FREEDOM ACT LAWSUIT MOTION TO DISMISS “EXPECTED”
MISSOULA – The United States has made its first response to a lawsuit filed in federal district court in Missoula to test the Montana Firearms Freedom Act (MFFA), passed by the 2009 Legislature and signed into law by Governor Schweitzer.

The MFFA declares that any firearms, ammunition or firearms accessories made and retained in Montana are not subject to federal regulation under the power given to Congress in the U.S. Constitution to regulate commerce “among the several states.” The MFFA is a states’ rights challenge on Tenth Amendment grounds, with firearms serving as the vehicle for the challenge.

This lawsuit to validate the MFFA was brought by the Montana Shooting Sports Association (MSSA) and Second Amendment Foundation (SAF). The suit names U.S. Attorney General Eric Holder as defendant, and is referred to as MSSA v. Holder.

The first response to the lawsuit by the United States is a Motion to Dismiss, submitted January 19th and considered to be a standard procedural maneuver in lawsuits against the U.S government . This motion seeks to avoid the legal merits by asserting that the Plaintiffs lack standing to sue, that a justiciable controversy does not exist, and that prevailing case law is against Plaintiffs.

MSSA President Gary Marbut, also a Plaintiff in the lawsuit explained, “The first import of this response is that the legal game is now on. There was some concern that the defendants would forfeit the game with no response in an effort to prevent this important issue from being adjudicated properly. We are now beyond that hurdle.” However, the Motion to Dismiss by Washington also seeks to sidestep proper adjudication.

SAF Founder Alan Gottlieb said, “We are disappointed but not surprised that the government would try to kill this suit on standing, rather than arguing about the merits of the case.”

The MFFA concept has gained traction across the Nation since its passage in Montana. Tennessee has enacted a clone of the MFFA, and other clones have been introduced in the state legislatures of 19 other states, including: Alabama, Alaska, Arizona Florida, Georgia, Indiana, Kentucky, Michigan, Minnesota, Missouri, New Hampshire, Ohio, Oklahoma, Pennsylvania, South Carolina, Texas, Utah, Virginia, Washington, and Wyoming. . Ten or more additional states are expected to introduce yet more MFFA clones in the next few weeks. (See: http://www.FirearmsFreedomAct.com)

The U.S.’s Motion to Dismiss and Brief in Support are viewable at: http://FirearmsFreedomAct.com/montana-lawsuit-updates/

MSSA and SAF have assembled a litigation team for this effort consisting of three attorneys from Montana, one from New York, one from Florida and one from Arizona. Lead attorney for the Plaintiffs is Quentin Rhoades, partner the Missoula firm of Sullivan, Tabaracci and Rhoades. Other interested parties from both in and out of Montana are preparing to weigh in on this issue of national interest and national importance as amicus curiae (friends of the court).

Marbut commented, “The FFA concept has created a firestorm of interest nationwide. Lots of people and other states are watching carefully to see how Montana fares in this challenge to overbearing federal authority and to Washington’s attempt to control every detail of commerce in the Nation, especially including activity wholly confined within an individual state. That level of micro management certainly was not the intent of our founders when they gave Congress limited power in the Constitution to regulate commerce ‘among the states’.” (See: http://FirearmsFreedomAct.com/what-is-the-commerce-clause/)

MSSA is the primary political advocate for gun owners and hunters in Montana, having gotten 54 pro-gun and pro-hunting bills through the Montana Legislature in the past 25 years. SAF is a pro-gun foundation in Bellevue, Washington, established to press the rights of gun owners primarily in judicial fora. SAF has been a party to numerous lawsuits to assert the rights of gun owners across the Nation.

The Second Amendment Foundation (www.saf.org) is the nations oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and an amicus brief and fund for the Emerson case holding the Second Amendment as an individual right.

State of Disunion : Epic Fail Obama

January 21, 2010

Mark Alexander hits out of the ballpark again, please see the blogroll for the link to The patriot Post.

Alexander’s Essay – January 21, 2010

State of Disunion

“I do solemnly swear that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.” –Article II, Section I, U.S. Constitution

On Wednesday, 27 January, Barack Hussein Obama will deliver his first “State of the Union” speech as president, a self evaluation of his first year’s achievements.

Sprinkled between his infamous “let me be clear” or “make no mistake” introduction to his lies, he will, characteristically, attempt to spin a plethora of failures into something including these phony fallback phrases: back from the brink; signs of recovery; restored our reputation; achieved some successes; more work yet to do; fiscal restraint; greed on Wall Street; affordable health care; relief for working families; job creation.

He’ll also use the word “inherited,” as in “I inherited this mess.” He’ll speak of “unprecedented” reforms or achievements or challenges. And he’ll mention “those who seek to do us harm,” but he won’t dare utter the term “Islamic terrorists.”

In advance of his teleprompted propaganda, then, let’s take a reality check on Obama and his first year.

Never before in the history of our great nation has any sitting president held so much disregard and outright contempt for our Constitution and Rule of Law.

Perhaps the operative words in his oath were, “to the best of my ability”?

Of course, what were we to expect from a Marxist, whose views on government and economy were shaped by his surrogate father and communist mentor, Frank Marshall Davis; whose first campaign for political office was launched by Maoist anarchists William Ayers and Bernardine Dohrn; whose political career has been stewarded by the likes of Leftists Richard Daley, Michael Pfleger, Khalid al-Mansour, Rashid Khalidi, et al.

And don’t forget his religious mentor, Jeremiah Wright, who married Barack and Michelle and baptized their children.

Wright preached hate, plain and simple: “The government lied about inventing the HIV virus as a means of genocide against people of color. The government gives [black people] drugs, builds bigger prisons, passes a three-strikes law and then wants us to sing ‘God Bless America.’ No, no, no, g-d d— America. G-d d— America for treating our citizens as less than human. G-d d— America.”

Wright sermonized that our great nation is in fact the “U.S. of KKK-A” and is “controlled by and run by rich white people. Racism is how this country was founded and how this country is still run. We believe in white supremacy and black inferiority and believe it more than we believe in god. And god has got to be sick of this sh-t!”

How did Obama respond when asked about his pastor’s perennial anti-American tirades? “It sounds like he was trying to be provocative,” concludes Obama.

At a foundational level, Obama’s ability and his agenda have been shaped first and foremost by his condition as a pathological narcissist, a young man driven by a blinding need for acceptance and its coefficient, power — the result of a childhood characterized by his father’s, and then stepfather’s, rejection.

It should be noted that the young Barry Obama did not ask for or deserve the hardship he suffered as a child any more than millions of other children abandoned by their fathers today. In that respect, he deserves our compassion.

However, Obama’s insatiable pathological need for power renders him a very dangerous person in power.

He was elected on a promise that should have served as a warning sign: “This is our moment, this is our time to turn the page on the policies of the past, to offer a new direction. We are fundamentally transforming the United States of America.

He ran his charismatic campaign on a promise of “hope,” but in the words of Patrick Henry, “It is natural to man to indulge in the illusions of hope. We are apt to shut our eyes against a painful truth — and listen to the song of that siren, till she transforms us into beasts.”

As for “fundamentally transforming” our nation, that is a thinly veiled reference to an outright assault on our Constitution and our Essential Liberty, one that thrusts an ever more powerful central government upon us.

Not since 1860 has the Union been at such odds with the fundamental rights of the States and the People.

Obama’s effort to endow the central government with absolute authority follows his Socialist political playbook, Saul Alinsky’s “Rules for Radicals.”

Obama was elected just weeks after an economic collapse which can be tied directly to Leftist economic policies.

His effort to “Reclaim America” involves taxing and borrowing more than a trillion dollars from the private sector, sifting it through the bureaucracies of his political appointees, then “investing” it into the public sector to grow government and pay off his special interest constituencies and other benefactors.

He is plundering private sector resources under the pretense of private sector “job creation.”

He has attempted, with some success, to nationalize, by way of regulation, coercion or “investment,” the major industrial and service segments of the economy — including energy, banking, investment, education, insurance, automotive and real estate — and he has supplanted free enterprise with Socialism.

He is endeavoring to nationalize our nation’s largest single economic sector, health care, and he laughs off any suggestion that there is no constitutional authority for such folly. Moreover, the House version creates 111 new oversight bureaucracies. (1)

He has attempted to advance his domestic agenda on a global scale under the guise of “climate change.”

Further, Obama’s national security failures present even greater peril to life and liberty.

Coddling Islamic extremists, bowing to Saudi kings, apologizing to the world, politicizing terrorist interrogation methods at Gitmo, treating terrorism as “criminal activity” and moving the trial of 9/11 mastermind Khalid Sheikh Mohammed to New York, using Operation Enduring Freedom as campaign fodder and setting a timeframe for withdrawal from Afghanistan — these and many more grossly errant policy decisions served only to hinder and demoralize us and our allies while empowering and emboldening our enemies, thus enabling jihadi attacks such as the murder of 12 soldiers, one civilian, and an unborn baby at Ft. Hood, and the narrowly averted bombing of a U.S. airliner this past Christmas Day.

Of course, there were other ridiculous gaffes, like the one at his last public press conference (six months ago), when he offered his impromptu assessment of the arrest of his friend, Harvard professor Henry Louis Gates, by claiming that the Cambridge Police “acted stupidly.” His subsequent “beer summit” was a forced and feeble attempt at damage control.

And then there was the Nobel Peace Prize, a ridiculous Euro-leftist albatross of an award that was bestowed upon Obama just days after he ascended to the presidency.

Were it not for the threat of unbridled laughter, Obama’s SotU address might also reflect on some of the most egregious prevarications from his brief tenure.

On his plans for massive government expansion: “Not because I believe in bigger government — I don’t.”

On his grand Socialist schemes: “I’ve never bought into these Malthusian, woe, Chicken Little, the earth is falling — I tend to be pretty optimistic.”

On the so-called “stimulus package” (i.e., record debt): “Less than one month after taking office, we enacted the most sweeping recovery package in history, and we did so without any of the earmarks, pork-barrel projects that are usually accompanying these big — these big bills.”

On bailouts for behemoth auto producers: “Let me be clear. The United States government has no interest in running GM. We have no intention of running GM.”

On his friends at ACORN: “You know, it’s — frankly, it’s not really something I’ve followed closely. I didn’t even know that ACORN was getting a whole lot of federal money.”

On blame shifting: “You haven’t seen me out there blaming the Republicans.”

On taxes: “I will tax just the rich. I want to give a tax cut to the middle class.”

On the cost of ObamaCare: “It won’t add to the deficit. And I mean it! … It’s designed to lower it!” And how about this one: “I have not said I am in favor of a single-payer system.”

On the transparency of his health care “reform” deliberations: “It’s going to be on C-SPAN.”

On jobs (record unemployment): “My administration has created or saved… [ad nauseam].” (2)

On the political influence of grassroots Tea Party participants: “Those people waving their little tea bags around…”

Clearly, Obama has underestimated the influence of those who support America’s First Principles. In addition, he has also grossly misread his mandate as the heir of the once-noble Democratic Party.

These miscalculations were manifest in the recent Virginia and New Jersey gubernatorial elections, and again this week in Massachusetts.

Who woulda thunk it — that in the most liberal state of the union, whose legislature hastily amended laws so the governor could immediately appoint a Demo replacement for the seat vacated by the U.S. Senate’s most liberal member, Ted Kennedy, who had occupied the seat for 47 years since the departure of his brother, JFK, and whose life ambition was to nationalize health care, whose designated replacement, Martha Coakley ran on his platform — who woulda thunk that a Democrat who just weeks ago held a 30-point lead in the polls would be defeated by Scott Brown, a moderate Republican state legislator of the Mitt Romney variety, who ran on a platform against nationalized health care?

Clearly, the loss of a Senate seat in Massachusetts is a major reality check for Obama. When asked about the rising rejection of his “vision” for America, Obama responded, “I think the assumption was if I just focus on policy, if I just focus on this provision or that law or if we’re making a good rational decision here, then people will get it.”

In other words, “The people are just too dumb.”

And speaking of “the people,” when Scott Brown was asked in his last debate with Coakley if he would be willing to “sit in Teddy Kennedy’s seat” and vote against the health care bill, he responded, “Well, with all due respect, it’s not the Kennedy seat, and it’s not the Democrats’ seat, it’s the people’s seat.”

Every Republican and Independent running for election or re-election in 2010 should, first, take that cue from Brown — the seats they seek belong to the people. Second, they should take a cue from Ronald Reagan, who left a timeless template for success: Run on a platform that, first and foremost, insists on the re-establishment of constitutional Rule of Law, and then governs accordingly.

For too long, too many Americans have been complacent about liberty, believing it to be their birthright and the birthright of generations to come. They have enjoyed the fruit of liberty defended by others, taking rights for granted and knowing nothing of the obligations for maintaining that blessing.

Most Americans have never had to fight for liberty and, thus, have little concept of its value or any sense of gratitude for its accumulated cost — a cost paid by generations of Patriots who have pledged their Lives, their Fortunes and their Sacred Honor.

The election of Barack Hussein Obama was an egregious affront to our legacy of Essential Liberty, and a clarion call to action for the many good citizens who honor the rights and obligations of citizenship.

As was the case with the first American Revolution, we now face a crucial battle for liberty. The upcoming elections, more than any other in recent history, are about the restoration of constitutional integrity.

Indeed, fellow Patriots, this is our time. The road to recovery is long, but the momentum is with us.

Footnotes: 1. With the election of Brown, ObamaCare in its present form is dead, but expect Obama to call for passage of revised legislation, which has support of both Republicans and Democrats. Once passed, it can then be readily amended.

2. Credit where credit due — Obama’s recovery plan has not created any real jobs, but it did secure new employment for at least three Republicans: One in Virginia, one in New Jersey and now one in Massachusetts.

Semper Vigilo, Fortis, Paratus et Fidelis!

Mark Alexander
Publisher, PatriotPost.US

The Fat Lady Sang, and Martha Coakley isn’t her name!

January 20, 2010

There are few times in life when something truly historical happens, and fewer still when there is a social upheaval that restores freedom and liberty.

The utter arrogance of the democrats was their downfall. But who would have thought that the peoples republic of Massachusetts would have thrown the bums out? Decent liberty loving Americans from across the nation, that is who. Martha Coakley is no law and order champion as portrayed by some supporters. She is a sexist that practices mysandry from her position of power. A closet Marxist, and supports some of the most egregious policies that ignore, and or destroys the Constitutional protections of Americans. Led by the nose by epic fail obama she received her just desserts. The fat lady sang in Massachusetts. Will she once again stand, and sing America the beautiful this coming November? We must, as always remain vigilant.

On behalf of the 4 million members of the National Rifle Association, we would like to offer congratulations to Senator-elect Scott Brown on his hard-fought and well-deserved victory in the Massachusetts U.S. Senate Special Election. We would like to thank all gun owners, hunters and NRA members in the Bay State for seizing this unique opportunity to elect a supporter of our Second Amendment right to keep and bear arms to the U.S. Senate.

Scott Brown‘s victory is a stunning defeat for gun control extremists, including the Massachusetts-based “Stop Handgun Violence”, who spent significant manpower in an unsuccessful attempt to try and turn out anti-gun voters for Martha Coakley. Their crass attempts to misrepresent Brown’s record — a record that in stark contrast to Coakley’s, has been tough on criminals yet supportive of the rights of law-abiding Massachusetts gun owners — clearly failed.

Again, the NRA congratulates Senator-elect Brown on his outstanding and historic victory.

SOURCE
Related: Back to basics
Related: Epic Fail obama Race issue

Related: Economy and the election