The Broken Compact
Making the Case for Enforcement of Immigration Law
Discussion of suggestions that of illegal immigrants should be detained and
thereafter deported invariably results in responses from some that the author is
racially and/or ethically bigoted and incentive to the problems faced by these
individuals. Directly connected with responses to strategies for dealing with illegal
aliens is the recognition that their children, while unquestionably naturally born
citizens, present some very real problems to the communities in which they
Emotional responses are by no means limited to the problem of immigration.
From the broken economy to the wars in Iraq and Afghanistan, to the appropriate
location of a mosque in Manhattan, almost completely missing is tolerance and
respect for differing views. What, for this writer is even more threatening than
issues with which we must continually deal, is the polarization and refusal to
accept the tenet that vigorous respectful argument and disagreement is the most
useful tool for the solution of complex and serious problems.
The issue of immigration all will agree is a serious problem confronting this
country. Hopefully, readers will consider the presentation of the problem on the
quality of the facts presented and the merits of the conclusions reached. The
proposed solution is but one of many which might best be applied.
The one word which serves to bind relationships together is, ”Trust.” We make
commitments to one another, and expect them to be kept. We require of each
other that truth be essential to our relationships. When this basic tie is broken
relationships can no longer continue. Each of us can recall relationships that
have ended, either in our personal lives, or reported in the media. As this is
being written, it is being the media informs us that Tiger Woods and his wife
completed a divorce settlement Anyone remotely interested in celebrity gossip is
familiar with the circumstances which led to the breakup of this famous marriage.
Our country also enters into a commitment to each of its citizens. This
commitment is one of protection from the attack or invasion whether from without
or within the country, as well as assistance and support to be given in times of
natural disaster or catastrophe.
From the very beginning of our nation’s history our earliest documents
referenced intent to carry out this obligation. Within the Declaration of
Independence we find this statement: “We hold these truths to be self-evident,
that all men are created equal, that they are endowed by their Creator with
certain unalienable Rights, that among these are Life, Liberty and the pursuit of
Happiness.” Implied within the contents of this statement is a duty on the part of
the government to ensure that citizens are granted these rights.
This obligation is further specifically enlarged upon within the United States
Constitution as set forth In Article 4, Section 2, which states,
“[...] and [The United States] shall protect each of them [the
States] against Invasion; and on Application of the
Legislature, or of the Executive (when the Legislature cannot
be convened) against domestic Violence.”
Whether such attack or invasion comes from outside the state, or from
circumstances occurring within the state, it is the duty of the federal government
to provide whatever resources are necessary to address the problem.
A Pattern of Broken Commitments
In recent years the United States has repeatedly failed in its obligations to offer
protection to its citizens which they had reason and a right to expect.
Unfortunately, unlike personal relationships, citizens have no escape from this
breach of their country’s responsibilities.
There are three words which describe and set a boundary for explaining this
failure: Incompetence, Indifference, and Corruption. There is a fourth word
which often creeps into any discussion of accountability, but, should soon be
discarded when attempting to explain any or all of the events to be described:
Why discard it? Name an individual able to plan an attack, obtain required
resources, recruit competent personnel, with the power to ensure silence of all
involved, indefinitely. The term “Occam’s Razor,” asserts a fundamental principle
in providing a correct answer when there are conflicting solutions: The simplest
solution is the most likely to be correct.
To support this contention, consider all of the work that has gone in to the
development of a complex theory asserting 9/11 was the result of the
conspirational efforts of some within the government. Supporters of this
explanation claim the World Trade Center, Towers 1 and 2, could not have
collapsed as they did without the addition of carefully placed explosive charges
set in the days preceding the attack. Moreover, similar explosives brought down
Building #7, within hours of the planes crashing into the towers. Next, we are told
that the Pentagon was damaged by something other than an American Airlines
passenger jet. Instead, the damage is said to have been caused by some kind of
missile, the exact characteristics and location from which it was launched not
disclosed. Finally, mystery surrounds the crash of United Flight 93, with
questions surrounding the remains of the passengers and crew of this flight, as
well as the pattern and content of the debris found at the crash site.
Adherents to this theory are faced with a fatal flaw that, to my knowledge, has
never been addressed: To have a conspiracy, two or more human beings must
be involved in the planning and execution of the crime. Not one member of the
conspiracy has ever been named, let alone connected to the crime in such
a way that s/he could be indicted and thereafter convicted.
Proof of Failure
At the same time, there is much, which explains how this tragedy came to occur.
It takes one, or at most, two words to explain how this event was allowed to
happen. The word or words that are to be used here are “Incompetence,” and
perhaps, “Indifference.” That the FBI had abundant advance information to
which they should have responded has been extensively and repeatedly
documented. Not only did the FBI choose to disregard many of the warning signs
which were presented to them, but so too did a number of the other agencies,
and people charged with terrorist attack prevention, up to and including President
George W. Bush.
The next national tragedy faced by the nation was that caused by Hurricane
Katrina. Unlike natural disasters caused by tornados and earthquakes, all the
victims and recovery agencies had ample warning that disaster was soon to be
upon the state of Louisiana, including the city of New Orleans. There was ample
time to prepare, and to evacuate the areas that would soon be inundated with
water. Yet, nothing was readied in preparation for the advancing monster storm.
From the Corruption which resulted in the faulty construction of the levees, to
Incompetence in the failure to prepare, to Indifference as people died. The
three words taken together serve to explain the failure of the government to meet
its responsibilities to its citizens
The collapse of the Minnesota I-35 W Bridge is an excellent example of
Indifference at work. Previous inspections had revealed that the bridge was in
severe need of repair – in fact, construction crews were engaged in repairs the
day of the collapse. Yet, the essential rebuilding of the steel foundation was
being totally neglected, with no concern for the potential for complete collapse of
the structure. Bridge inspections following this disaster revealed literally
thousands of bridges needing immediate repair to prevent the same kind of
collapse. These have yet to be completed.
The Criminal Immigrant
Currently, there are more than 10 million criminal illegals currently residing in the
United States; exactly how many more, no one appears to know. What is known
is that these 10 million and more individuals have, along every measureable
economic dimension, added further injury to our limping economy. They have
taken jobs from American citizens who are desperate to have them, all the while
taking “underground” payments, such that they completely evade their obligation
to make payroll tax payments.
Their criminal activity ranges from drug smuggling with accompanying sales, not
only to existing addicts, but also to under-aged victims. They are involved in
every violent crime from assaults, and kidnappings, rapes, all the way to
homicides. An inspection of sex-offender listings for almost any community
reveals the vast majority of convicted pedophiles to have Hispanic surnames.
They are heavily overrepresented in the prison population, adding to the tax
burden imposed on all citizens.
In a study titled The Dark Side of Illegal Immigration: Nearly One Million Sex
Crimes Committed by Illegal Immigrants in the United States, carried out by
Deborah Schurman-Kauflin, Ph.D. of the Violent Crimes Institute, she found that:
“There were 1500 cases analyzed in depth. They included:
serial rapes, serial murders, sexual homicides, and child
molestation committed by illegal immigrants. Police reports,
public records, interviews with police, and media accounts
were all included. Offenders were located in 36 states, but it
is clear, that the most of the offenders were located in states
with the highest numbers of illegal immigrants. California was
number one, followed by Texas, Arizona, New Jersey, New
York, and Florida.
“Based on population numbers of 12,000,000 illegal
immigrants and the fact that young males make up more of
this population than the general U.S. population, sex
offenders in the illegal immigrant group make up a higher
percentage. When examining ICE reports and public records,
it is consistent to find sex offenders comprising 2% of illegals
apprehended. Based on this 2% figure, which is conservative,
there are approximately 240,000 illegal immigrant sex
offenders in the United States.
“This translates to 93 sex offenders and 12 serial sexual
offenders coming across U.S. borders illegally per day. The
1500 offenders in this study had a total of 5,999 victims. Each
sex offender averaged 4 victims. This places the estimate for
victimization numbers around 960,000 for the 88 months
examined in this study.
“Of the 1500 cases reviewed, 525 (35%) were child
molestations, 358 (24%) were rapes, and 617 (41%) were
sexual homicides and serial murders. Of the child
molestations, 47% of the victims were Hispanic, 36% were
Caucasian, 8% were Asian, 6% were African American,
and 3% were other nationalities.
Criminal Illegals rip off the health care system by jamming emergency waiting
rooms, seldom, if ever, paying for treatment, increasing the premiums paid by
legitimate owners of health insurance policies. No other group has caused the
level of property damage, injuries and deaths from traffic accidents as do these
criminal visitors to our country. Therefore, we suffer greatly increased insurance
costs to cover their uninsured driving.
A final cost is the increase in our population by the addition of the children of
In an article by Heather MacDonald, Seeing Today's Immigrants Straight, the
nature of the parental structure from which these children are born, is revealed:
"Half of all children born to Hispanic Americans in 2002 were
illegitimate, twice the rate for American whites and 42 percent
higher than the overall American rate. The (illegitimate)
birthrate for Hispanic teens is higher than that for Black
teens. In Santa Ana, California, which has the highest
proportion of people who speak Spanish at home of any large
U.S. city - 74 percent - the teen birthrate was twice the
national teen average in 2000. This predilection for out-of-
wedlock childbearing among Hispanics cannot be blamed
solely on corrosive American culture, since the illegitimacy
rate for foreign-born Hispanics is 40 percent. The illegitimacy
rate in Mexico is 38 percent; in El Salvador, it is 72 percent."
After receiving Ob/Gyn care which is never paid for, the addition of these children
to the school system seriously degrades the learning of children who are
legitimately entitled to an education, while the costs of seats taken are borne by
When the Government Aids Lawbreakers
Remember that word, “Corruption.” That single word serves to explain the
problem we face with regard to illegal immigration. There are plenty of laws
specifically addressed to the apprehension and deportation of illegal immigrants.
The Department of Immigration and Customs Enforcement (ICE) is charged with
the responsibility of locating, detaining, and deporting individuals who are present
in the United States without having secured permission to do so.
Not only do they have the resources of the entire Border Patrol, a cadre of
enforcement agents, the assistance of the United States Coast Guard, members
of the national Guar of individual states, Bureau of investigation (FBI).
Despite a 1996 federal law [the Illegal Immigration Reform and Immigrant
Responsibility Act ( IIRIRA )] that requires local governments to cooperate with
Department of Homeland Security's Immigration and Customs
Enforcement (ICE), many large urban cities (and some small) have adopted so-
called "sanctuary" policies. Generally, sanctuary policies instruct city employees
not to notify the federal government of the presence of illegal aliens living in
their communities. The policies also end the distinction between legal resident
aliens and illegal aliens--so illegal aliens all too often benefit from taxpayer
funded government services and programs too.
A website titled, Sanctuary Cities, USA, list tens of cities throughout the United
States which have made it possible for criminal illegal immigrants to evade
apprehension, and avail themselves of all services available to legitimate
citizens, without having to make any contribution to the payment of the costs
What happens when a corrupt city administration puts to use the advantages of
turning a city into a criminal sanctuary is revealed in this article by Frosty
Titled, Spiral Of Immigrant Corruption In America, it focused on a number of
American cities. Here is what we find out about the conditions in one of our
largest cities – Los Angeles:
“Los Angeles is no longer an American city and the crime
and graft is now in the hands of Mayor Antonio Villaraigosa
who is an advocate for La Raza and Reconquista de Aztlan, or
Reconquista of the four Border States. We simply allowed so
much illegal alien migration that now, Villaraigosa has
embedded himself into Los Angeles to help more Mexicans
take over the city. How did he get elected? Try voter fraud by
more than three million illegal aliens residing in LA. Today,
Los Angeles is unfit for Americans to live there. Given
enough time, it will mirror the slums, crime and misery of
Four years later, and we have the same mayor, with the city approaching
bankruptcy, hundreds of teachers and city employees laid off, sharp reductions in
city services, Villaraigosa is the subject of investigations, happily looking at
higher office when his term as Mayor comes to an end. That’s what happens
when you allow a sanctuary city.
With plenty if teeth in it, the Federal Immigration and Nationality Act Section 8
USC 1324(a)(1)(A)(iv)(b)(iii), makes a compelling case for punishment of those
who harbor illegal immigrants:
“It is a violation of law for any person to conceal, harbor,
or shield from detection in any place, including any
building or means of transportation, any alien who is in
the United States in violation of law. HARBORING
MEANS ANY CONDUCT THAT TENDS TO
SUBSTANTIALLY FACILITATE AN ALIEN TO REMAIN IN
THE U.S. ILLEGALLY. The sheltering need not be
clandestine, and harboring covers aliens arrested
outdoors, as well as in a building. This provision
includes harboring an alien who entered the U.S. legally
but has since lost his legal status”
Having seen the act which is illegal, the potential sentence for violation of this act
is an important consideration for those considering violating the law stated
"Any person who encourages or induces an alien to reside
knowing or in reckless disregard of the fact that such
residence is in violation of law, shall be punished as provided
for each alien in respect to whom such a violation occurs
fined under title 18 imprisoned not more than 5 years, or
Thus, the arrest and prosecution of the mayor and city council members of the
scofflaw cities seems an appropriate wakeup call to those local leaders who
violate or consider violating Federal Immigration Law. Instead, those U.S.
Attorneys who have the responsibility for initiating such actions seem all but blind
to their responsibilities for the prosecution of these officials.
The Arizona Response
Maricopa County in the state of Arizona, which directly borders on Mexico, has
been particularly victimized by illegal immigration. There have been killings of
ranchers in the desolate areas used by the illegals as they make their crossings
in to this country. Assaults, drug smuggling, and other criminal activity must be
constantly dealt with by residents. Finally, fed up with the failure of the federal
government to protect residents of the state, legislation (SB 1070) was passed
designed to facilitate apprehension of illegals to be turned over to federal
authorities for detention.
The protest of the national Hispanic community was to be expected. What was
less unexpected was a lawsuit by the federal government claiming Arizona was
engaging in activity that was reserved for the federal government. This is he
same ederal government which refuses to meet its responsibility of protecting the
state of Arizona from invasion by illegal criminals crossing into its territory.
In an article appearing in Investors.com titled Arizona Has A Case for Billions In
Damages from Uncle Sam, a case is made for the state bringing a lawsuit
against the United States, stemming from its failure to protect the state from the
invasion of predatory illegal immigrants. The reasoning presented goes like this:
“In Article 4.2 of the Constitution of the United States it is
mandated that, „The United States shall guarantee to every
state in this Union a republican form of government ... that
the United States shall protect each of them (the
states) against invasion …
“„[A] Republican form of government‟ is defined as a,
„republic that is a system of government in which the people
hold sovereign power and elect representatives to exercise
that power.‟ To „guarantee‟ means to warrant or undertake
that something has happened or will happen.
“The term, „invasion‟ is (regarding a country or territory) a
hostile incursion. The term „shall‟ used in the third person
singular denotes an imperative, without discretion or choice.
Thus, the phrase „shall guarantee‟ leaves no wiggle room.
Remedies for breach of guarantee are damages (expenses
incurred in repairing guaranteed product) or rescission
(return of product for refund of purchase price — i.e., „money
“By the federal government's determined resistance to
enforcing existing federal law against illegal immigration and
attempting to penalize Arizona for attempting to cope with
illegal immigration on its own, the federal government has
crassly flouted its obligation to guarantee a republican form
of government for the state of Arizona.”
How the federal suit and the potential Arizona suit will eventually end is of
course, to be determined in federal courtrooms, in months and years to come.
The problem of illegal immigration is by no means the only one facing the United
States. It is certainly among the most pervasive and pernicious, but to read the
national polls, citizen dissatisfaction with government handling of a variety of
problems is at an all time high. This goes for both political parties. As the mid-
term elections approach, for the first time in recent memory, incumbents are at
risk, as a result of this dissatisfaction.
The failing economy, joblessness, homelessness, and never-ending, futile
appearing wars all are adding to citizen distaste for government. Many of these
problems await legislation for their solution, but the problem of illegal immigration
is not among them. Its solution rests simply with the enforcement of existing law.