Posts Tagged ‘Law’

Chi Town and Thuggery verses The People of America!

February 26, 2010

Back when the Heller vs D.C. ruling came down the masses were thrilled. I warned back then that this battle was far from over, as did Gun Owners of America, The N.R.A. and every other reputable group that supports the Bill of Rights.

The anti Liberty and Freedom crowd find themselves in a precarious position as I see it. They are claiming that local rule should prevail. That sounds a lot like a Tenth Amendment argument to me. In other words, they are talking out of both sides of their faces. Incorporation either works for everything or the entire theory falls apart at the seams.

The same people are also using the old, tired, and utterly stupid argument that firearms kill people. They don’t, people kill people.

Should Otis McDonald prevail I submit that while it would be a major step forward in the cause of Liberty and Freedom the battle will still be far from over. The Supreme Court has, after all affirmed that ex post facto law is not un-Constitutional which is beyond comprehension. If, in fact there is a “win.” You can bet that there will be wiggle room left for the purveyors of despotism to impose their agenda upon the unwashed that are the people that they Laird it over.

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Tea Party Patriots and First Principles

February 25, 2010

Strengths and weakness, two parts of the same movement as previously noted here and at Texas Fred’s as well as a few other well thought out places. Sometimes a weakness as perceived, is in reality a strength. Leadership is always needed but in what form? All it takes is an identifiable leader or centralized group, and guess what? Enemies of freedom and liberty will attack them on all fronts. As exemplified by the actions and tactics of organizations dedicated to the downfall of free thinking and action. The SPLC and BATFE certainly come to mind. The answer may well be to choose ideas and not men to follow and support. I know that many that read here believe that this is primarily a Second Amendment blog. It’s not though, it’s a blog about the Bill of Rights and free markets, at least when it comes to politics and economics. Those things, ideas, they cannot be charged by some prosecutor with a RICO Act crime. Perhaps that is then the way to advance the cause of liberty and freedom. Mark Alexander addresses some history, and these very issues in his latest essay, enjoy!

The First Statement of Conservative Principles

“The Constitution, which at any time exists ’till changed by an explicit and authentic act of the whole People, is sacredly obligatory upon all.” –George Washington

The Resurrection of First Principles

It took the election of a “community organizer” and ideological Socialist “professor” Barack Hussein Obama to launch a popular resurgence of interest in constitutional Rule of Law and the First Principles upon which our nation was founded.

And not a moment too soon.

Over the last two years, the ranks of politically active Patriots have swelled through conservative recruiting channels such as the Tea Party movement, whose growth has been entirely from the grassroots, despite the best (or worst?) efforts of some Beltway Republican establishment types to co-opt and put their brand upon the movement. Happily, Patriots have shown remarkable resilience against those golden-tongued powers of persuasion.

I, for one, welcome every American to the front lines in defense of our Constitution, but I also know that there will be many efforts to assign these Patriots into one political camp or the other.

One of the strengths of the Tea Party movement, its lack of central organization, can also be one of its greatest weaknesses. If the movement fails to unite ideologically behind the restoration of constitutional integrity and the Rule of Law, it risks devolving into a plethora of special interest constituencies which will be easily defeated or have no more power than the para-political organizations that vie for their sentiments.

As Benjamin Franklin said famously when signing the Declaration of Independence, “We must, indeed, all hang together, or most assuredly we will all hang separately.”

And we derive great strength and unity in forming this front to defend our Constitution as the primary objective of the growing Patriot movement. I know from our nation’s history, and from personal experience, that the only guiding authority that Patriots need is the plain language of the Constitution itself.

Back in 1996, a small group of Patriots deeply devoted to our Constitution, which we had pledged “to support and defend,” endeavored to challenge the Leftmedia’s stranglehold on public opinion, particularly as it pertained to the role of government and promotion of Leftist policies.

To provide sustenance for those endeavoring to restore our Constitution’s rightful standing as the Supreme Rule of Law of the United States, we established The Federalist, an online grassroots journal providing constitutionally conservative analysis of news, policy and opinion, with the express mission of “advocating Essential Liberty, the restoration of constitutional limits on government and the judiciary, and the promotion of free enterprise, national defense and traditional American values.”

Our objective was, and remains, “to provide Patriots across our nation with a touchstone of First Principles.”

Demand for The Federalist grew rapidly, to put it mildly. A few years later, we adopted the name The Patriot Post in keeping with the growing constituency we serve.

Now, I certainly do not suggest that we were the only folks back in ’96 advocating for the restoration of constitutional Rule of Law. We took our inspiration from, and owe our success to, President Ronald Reagan and his Patriot team, many of whom were our earliest promoters and supporters. They sparked the flame to revitalize our Constitution’s legal standing some two decades earlier, at the juncture of our nation’s bicentennial.

We also owe a great debt to conservative protagonists such as National Review founder William F. Buckley Jr., and the Heritage Foundation’s Edwin J. Feulner, both of whom provided meaningful guidance and assistance to get us under way.

Of course, I’d be remiss if I failed also to credit Albert Arnold Gore, who “took the initiative in creating the Internet” for us, and then galvanized those of us interested in national sovereignty in opposition to his utopian scheme to socialize the world economy, ostensibly to thwart “global warming.”

I believe the most important factor in our success has been our steadfast commitment to the Rule of Law, the supremacy of our national Constitution in all matters pertaining to the role and authority of our central government, and our analysis of the same.

We have endeavored to keep our eye on the prize, and we’ve thus avoided being co-opted by any political party or organization.

That will be the challenge for the independent Tea Party Patriots and other conservative movements — to keep their eyes firmly affixed on the task of restoring our Constitution and its prescription for Rule of Law, and to avoid the risk of being swallowed up by large, centralized poli-wonks.

Last week, my friend Ed Feulner, and many other colleagues, released “The Mount Vernon Statement,” a document similar in substance to the “Sharon Statement” released in 1960 by a group of conservative intellectuals including Bill Buckley, M. Stanton Evans and Annette Kirk (widow of influential American conservative Russell Kirk).

Feulner and his staff at the Heritage Foundation have been uniformly resolute in their support for constitutional Rule of Law.

Ten years ago, I met with key staff members of the Heritage Foundation and encouraged them to adopt the practice of posting, in the introductory abstract of their papers, the specific constitutional authority for every policy position they advocate. Two years ago, Heritage launched their massive First Principles initiative, with the objective of asserting constitutional authority as the centerpiece of their mission.

While I applaud the entire Heritage team for their First Principles endeavor, I note that some of the principal signatories of the Mount Vernon Statement, though “conservative” by label, do not meet The Patriot standard of reliance upon the plain language of our Constitution, nor are many of those signatories representative of the “grassroots” movement they seek to unify around this statement.

With that in mind, I reiterate that any real movement to restore the integrity of our Constitution must be bottom-up, not top-down. Patriots need only subscribe to one mission statement, the first statement of conservative principles, our Constitution.

The GOP establishment squandered its opportunity to reassert First Principles when it held majorities under George W. Bush, and the party will have to demonstrate an authentic commitment to those principles if it is to gain the trust of a single American Patriot.

Real constitutional reform will come about only when Patriots across the nation demand the restoration of Essential Liberty as “endowed by their Creator,” and they widely articulate the difference between Rule of Law and rule of men.

If you have taken an oath to support and defend our Constitution, I invite you to revisit that venerable document and ask you to reaffirm your oath.

If you have not affirmed that commitment, I invite you to gain a full understanding of our Constitution and then take your oath — and abide by it to your last breath, just as our Founding Fathers mutually pledged their lives, their fortunes and their sacred honor.

In the words of George Washington, “Let it simply be asked where is the security for property, for reputation, for life, if the sense of religious obligation deserts the oaths…?”

Semper Vigilo, Fortis, Paratus et Fidelis!

Mark Alexander
Publisher, PatriotPost.US

You have got to be kidding! ACLU whack jobs back at it: Ward Churchill

February 20, 2010

The racist nitwit fake Indian “Professor” was fired for professional misconduct, not because of his political statements!

He should have been tarred and feathered, and then hung for those…

NEW YORK – The American Civil Liberties Union, ACLU of Colorado, American Association of University Professors (AAUP) and National Coalition Against Censorship (NCAC) today submitted a brief to a Colorado Court of Appeals arguing that the University of Colorado, a publicly funded university, should reinstate a tenured professor who was wrongly terminated from his job there for exercising his right to free speech.

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MORE HERE

Alert HB-95/HB-113 more on this!

February 19, 2010

n this “new era” of genuine public outcry aimed at an unresponsive government, will Wyoming Legislators persist in playing politics as usual?

HB-95 generated more emails to state congressional members than any other bill in memory according to Representative Keith Gingery in a recent news interview. But it appears as though the voice of the people has fallen of deaf ears. Read on…

It is possible that HB-95 (Wyoming Firearms Freedom Act with teeth) will not be heard essentially KILLING the bill. Specifically leadership could be stalling it. This may become an stumbling block for the Speaker of the House Colin Simpson R-Cody and his “run for Governor”.

Also it’s no surprise that HB-113 (Alaska-carry legislation) is meeting resistance with Republican members as evidenced by Representative John Patton, R-Sheridan with this outrageous statement – “I don’t see how passing this legislation would help with the pursuit of life, liberty and happiness in the state”.

And Senator John Hines, R-Gillette, – “I guess my thoughts are there are a lot of crazy people out in the world anymore, and I’m not sure I want them all to have a concealed weapon.”

So much for the GOP call for holding the platform line, just more political fodder for the un-informed voter.

These statements are a blatent disregard of your personal liberty while assuming that by controlling your rights, you will somehow be kept safer from the criminals that break the law regardless of the limits put in place!

URGENT – It is imperative that the whole Wyoming Legislature “CONTINUES TO HEAR YOUR VOICE”.

Our “newest” email form can be filled out quickly and delivers an email to ALL of the Wyoming legislature simultaneously.

Click here – To send an email to all legislators.

Without your persistence these two pieces of pro-gun legislation could have stalled at the gate, so lets keep the email boxes full. If you haven’t sent an email please do so, liberty is in our hands.

Join WyGO Today – Wyoming’s Fastest Growing Gun Rights Organization

SOURCE

Constitutional Carry Passes out of Committee in Wyoming!

February 18, 2010

On Tuesday, February 16, the House Judiciary Committee passed House Bill 113, which would allow constitutional carry.  HB 113 will now head to the Committee of the Whole for consideration.

HB 113 would allow those who meet the requirements currently set forth in the concealed carry permit system to carry a concealed firearm for self-defense without a permit.  This legislation addresses the current problem of a burdensome and restrictive permit system by removing the training requirement and other prohibitive barriers in Wyoming.

If signed into law, this legislation would also keep the current permit system intact for the residents concerned about carrying in other states with reciprocal agreements.  Those who are currently prevented from legally carrying, be it open or concealed, will still face the same penalties should they decide to break the law.

On Wednesday, February 17, the State Senate amended and passed Senate File 26.  SF 26 will now head to the House.  NRA will continue to work to amend the additional language to SF 26 to further strengthen this important carry reform legislation.
SF 26 as amended, would limit the Attorney General’s ability to determine permit reciprocity by taking away his or her power to determine if a state has similar laws authorizing permits.  If amended to include the additional NRA language, SF 26 would also remove local law enforcement’s ability to reject a permit application if the applicant meets all criteria.


There is still time to add additional amendments as SF 26 moves through the House, so please contact your State Representative and respectfully urge him or her to vote to add the NRA’s amendment.
Contact information can me found here.

SOURCE: NRA/ILA

Justice Alito Was Right: Well duh?

January 31, 2010

Epic fail obama really stepped into it at the SOTU. Once again attempting to pull the wool over the eyes of the American people…

Despite claims made by the president, last week’s Supreme Court opinion on campaign finance specifically excludes foreign nationals and foreign-owned corporations from its ruling.

The Supreme Court issued a ruling last week on the campaign finance that is still being discussed all over the country. In fact, it was even mentioned by President Obama at Wednesday night’s State of the Union address. The high court invalidated its own 20-year-old ruling — which had upheld a one hundred-year-old statute on group political contributions — and it also invalidated a portion of the McCain-Feingold Campaign finance law.

The 20-year-old ruling had forbidden any political spending by groups such as corporations, labor unions, and advocacy organizations (like the NRA and Planned Parenthood, for example). Ruling that all persons, individually and in groups, have the same unfettered free speech rights, the court blasted Congress for suppression of that speech. In effect, the court asked, “What part of ‘Congress shall make no law…abridging the freedom of speech’ does Congress not understand?” Thus, all groups of two or more persons are free to spend their own money on any political campaigns and to mention the names of the candidates in their materials.

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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

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.

Supreme Court Hands Down Key Campaign Finance Decision

January 21, 2010

While this is good news there is still McCain Feingold out there that needs to be destroyed. Along with the political careers of the sponsors… Partial overturns are meaningless.

Fairfax, Va. – The National Rifle Association praised the U.S. Supreme Court’s decision today in the case of Citizens United v. Federal Election Commission, removing unconstitutional restrictions on the NRA’s ability to speak freely at election time.

The late Sen. Paul Wellstone had said during the original debate over this legislation that it was his intention to silence groups like the NRA. While the author of this measure had singled out the NRA, this law delivered a clear message to all American citizens: “Keep your mouths shut and stay out of our political debates.”

Wayne LaPierre, NRA executive vice president, said, “This ruling is a victory for anyone who believes that the First Amendment applies to each and every one of us. The majesty of free speech is that any American can roll out of bed and speak as freely as The New York Times, NBC or politicians. This is a defeat for arrogant elitists who wanted to carve out free speech as a privilege for themselves and deny it to the rest of us; and for those who believed that speech had a dollar value and should be treated and regulated like currency, and not a freedom. Today’s decision reaffirms that the Bill of Rights was written for every American and it will amplify the voice of average citizens who want their voices heard.”

The case originally centered on the FEC’s denial of Citizens United’s attempt to broadcast a film about Hillary Clinton through on-demand cable services in January 2008, but had broader implications in protecting the First Amendment rights of organizations like the NRA during election time.

Chris W. Cox, NRA-ILA chief lobbyist, said, “This decision today returns sanity to our political system. The First Amendment does not allow Congress to make laws denying Americans the right to speak out on issues, the right to assemble or organize on public policy issues, or the right to petition our government for redress of grievances.”

SOURCE

Another day, another episode of epic fail

January 9, 2010

The Democrat / Socialist / Communist triumvirate that is running the country faces ever more evidence of their utter failure. Fellow WordPress blogger Romantic Poet wrote an excellent piece the other day dealing with this very subject, and I would recommend reading it to all of my regular readers.

Using new speak the powers that be try to convince us all that things are improving, and that anything that is not, is racism, or do to the Bush Administration, or to man made global climate change… We the people however, know better than that.

Saying that the economy is better because unemployment isn’t still rising is stupid when the numbers are stagnant because people no longer qualify for benefits and therefore are not counted, or have just given up looking for work is dishonest beyond the pale.

On top of all that we have yet again another example of proprietorial mis-conduct with an officer of the Border Patrol coming under fire for doing his job. Nice shooting Sir!

As various experiments in socialism crash and burn many that supported such nonsense are abandoning ship like rats at sea on a sinking vessel.

The claptrap of Nancy Pelosi about obamacare being discussed in the open aside there is, I believe, a reason that these thugs are shoving all this down our throats. Yes, it is cunning, not at all stupid, and will be close to impossible to reverse. Short of a revolution on a scale that is seldom seen.

The Triumvirate, is getting anything and everything on their agenda completed because come election day they will be destroyed as a functional unit. It is much harder to get any law reversed than it is to get one passed. The other strategic angle that they are playing is to install as many activist Federal Judges as possible because it is all but impossible to get them removed once they are seated. This, after blocking Bush appointments for years, and causing such a tremendous backlog in Federal cases.

How much damage can they do before they are sent packing?