We are extremely pleased and honored to present Jim Byrd of A Skewed View with another of his well written articles. Jim has agreed to be a guest host and poster extraordinaire at the Arizona Resistance Blog. Jim’s site is a plethora of news and opinion written with a discerning eye and an uncorrupted mind. He has decided to honor us with his posts in regards to the issues of illegal immigration. Thank you Jim. It is our distinct honor and privilege to post your articles here.
By Guest Host Jim Byrd
This was a tough week for national security, the rule of law but it was a great week for illegal immigration. It’s not rocket science to connect the dots or digest the preponderance of events this past week to see the alarming effects illegal aliens, activist courts, the Bush administration and Mexico’s apparent control over policy in this county is having. The depth of the breach of national security is endless with the combination.
The first two news articles below are the results of rulings by the 9th circuit court of appeals in San Francisco on Friday. The fact that these rulings came out of this court is somewhat comforting since this is the most fundamentally flawed court the U.S. has ever produced, and the most overturned and in all likelihood the rulings will be reversed on appeal. This court is on track to have created more laws than the legislative branch with their activists agenda. This is a court that needs to be pulled out by the roots, broken up, and reassembled into at least 3 courts. A few of their honorable stats:
The Ninth Circuit has demonstrated contempt – if not open hostility – for the rule of law and the limited role of judges in our constitutional design. The Ninth’s decisions are often so far outside the judicial mainstream that the question is not whether the Supreme Court will reverse, but when.
Of the 80 cases the Supreme Court decided this past term through opinions, 56 cases arose from the federal appellate courts, three from the federal district courts, and 21 from the state courts. The court reversed or vacated the judgment of the lower court in 59 of these cases. Specifically, the justices overturned 40 of the 56 judgments arising from the federal appellate courts (or 71%), two of the three judgments coming from the federal district courts (or 67%), and 17 of the 21 judgments issued by state courts (or 81%).
Notably, the 9th Circuit accounted for both 30 percent of the cases (24 of 80) and 30 percent of the reversals (18 of 59) the Supreme Court decided by full written opinions this term. In addition, the 9th Circuit was responsible for more than a third (35%, or 8 of 23) of the High Court’s unanimous reversals that were issued by published opinions. Thus, on the whole, the 9th Circuit’s rulings accounted for more reversals this past term than all the state courts across the country combined and represented nearly half of the overturned judgments (45%) of the federal appellate courts.
This is what happened this week in the U.S. with regards to National Security, the rule of law and illegal alien’s effect on the country:
Mexico trucks to roll on U.S. highways
WASHINGTON (Reuters) – The Bush administration can proceed with a plan to open the U.S. border to long haul Mexican trucks as early as next week after an appeals court rejected a bid by labor, consumer and environmental interests to block the initiative.
The 9th Circuit Court of Appeals in San Francisco late on Friday denied an emergency petition sought by the Teamsters union, the Sierra Club and consumer group Public Citizen to halt the start of a one-year pilot program that was approved by Congress after years of legal and political wrangling.
The Transportation Department welcomed the decision and said in a statement that allowing more direct shipments from Mexico will benefit U.S. consumers.
Judge stays rule requiring employers to fire illegal immigrants
A federal judge in San Francisco blocked the Bush administration Friday from imposing a rule requiring employers to fire workers identified as illegal immigrants in government records or face possible prosecution.
U.S. District Judge Maxine Chesney granted a nationwide temporary restraining order sought by the AFL-CIO and affiliated unions to keep the government from sending letters to employers demanding that they clear up workers’ citizenship status.
The order will be in effect until Oct. 1, when another federal judge will consider whether to grant an injunction that would block the rule until a trial on the unions’ lawsuit against the government is held.
The Social Security Administration cannot start sending out letters to employers next week that carry with them more serious penalties for knowingly hiring illegal immigrants, a federal judge ruled Friday.
Ruling on a lawsuit by the nation’s largest federation of labor unions against the U.S. government, U.S. District Judge Maxine Chesney granted a temporary restraining order prohibiting the so-called “no-match” letters from going out as planned starting Tuesday…
Man ‘evicted for English’ will sue for discrimination
STUART, Fla. – The battle over a South Florida business ordered out of its location purportedly because the tenant speaks English and not Spanish is now headed for the legal system after being evicted.
Not even teachers can speak English
An official state inspection of Arizona public schools reveals that many students are being taught English by Spanish-speaking teachers whose command of English is so poor that the officials can barely understand them.
The recent inspection revealed teachers providing instruction in Spanish instead of the legally required English, students unable to answer questions in English, and teachers’ instructions such as “Sometimes, you are not gonna know some.”
The results of the inspections were reported by the Arizona Republic, which concluded hundreds of students in the state are trying to learn English from teachers who don’t know the language.
“Some teachers’ English was so poor that even state officials strained to understand them,” the assessment found. “At a dozen districts, evaluators found teachers who ignored state law and taught in Spanish.”
Other visits uncovered:
- In the Humboldt Unified District, one teacher said, “How do we call it in English?”
- In Phoenix’s Isaac Elementary, a teacher said. “My older brother always put the rules.”
- In Marana, a teacher said, “You need to make the story very interested to the teacher.”
Attorneys in Hazleton illegal immigrant case ask for $2.3 million
Plaintiffs who successfully sued to overturn Hazleton’s illegal immigrant law want the city to pay more than $2.3 million in legal fees.
U.S. District Judge James Munley struck down the Illegal Immigration Relief Act in July, ruling it unconstitutional. Hazleton has appealed the ruling to the Philadelphia-based 3rd U.S. Circuit Court of Appeals.
Lawyers representing the plaintiffs asked Munley on Friday to award them more than $2.3 million in fees and another $45,000 in related costs.
“But for the efforts of the private lawyers and public-interest law groups involved in prosecuting this matter, plaintiffs would not have been able to seriously challenge Hazleton’s unconstitutional ordinances and the lives of plaintiffs and other similarly situated residents of Hazleton would have been adversely and irreparably affected,” the lawyers said in a petition.
Parks commish condemned for Minuteman involvement
Kansas City councilwoman says border group ‘one step from KKK’
A newly appointed parks commissioner in Kansas City, Mo., is being condemned by the city council for being part of the Minuteman Civil Defense Corps – which wants to secure the American border against unauthorized individuals, military and contraband.
“This is one step from the KKK,” city council member Beth Gottstein told the Kansas City Star. “My world is totally rocked by this. We fight this every day. I am grieving for my friends in the Hispanic community.”
Border Patrol agent wants federal trial
A Border Patrol agent charged with murder in the shooting of an illegal immigrant is asking to have his case moved from state to federal court, and prosecutors aren’t objecting.
Lawyers for Nicholas Corbett argue that the agent’s actions were necessary and proper to perform his duties as a federal law enforcement agent, so he is immune from state prosecution under the U.S. Constitution.
They have asked the U.S. District Court in Tucson to take over the case and asked Cochise County Superior Court this week to send the case to federal court.
Cochise County Attorney Ed Rheinheimer said Thursday that the petition “comes as no surprise, and we don’t see any grounds to oppose it. We’ll just let it run its course.”
Sean Chapman, one of Corbett’s lawyers, said he could not comment because the motion was pending before a federal court.
Corbett pleaded not guilty Aug. 20 to second-degree murder, manslaughter and negligent homicide in the shooting of Francisco Javier Dominguez Rivera, 22, of Puebla, Mexico.
Corbett, 39, told a supervisor he shot Dominguez Rivera on June 12 near the border east of Naco after the man threatened him with a rock. Witnesses said Corbett shot him without provocation.
Mexican Government Increasing Fight Against US Immigration Laws
By: Sher Zieve
In yet another attempt of a foreign government to end US immigration laws and create a no-holds-barred open southern border scenario, the Mexican Senate has “ruled” that the USA has no right to deport illegal-alien Mexicans from its country. Citing the recent ICE (Immigration and Customs Enforcement) deportation of, at least, two-time-offender illegal alien Elvira Arellano, Mexican Senator Humberto Zazue said: “We cannot remain quiet in view of this injustice and must ask for firm action from our authorities!” Firm action from our authorities? What is Zazue advocating? Increased violence from Mexican “authorities” at our southern border, perhaps? Is this another step in Mexico’s plan to take portions of the US as Mexican territories?
Note: It already appears that Mexico has a growing number of the US Border Patrol “leadership” members in their back pockets. As a prime example, West Texas Laredo US Border Patrol Chief Carlos X. Carrillo has firmly decided that protecting the southern border from both illegals and drug smugglers is not the job of the USBP. In no uncertain terms, Carrillo strongly advised Laredo citizens: “I’ve said it before and I’ll say it again. The Border Patrol’s job is not to stop illegal immigrants. The Border Patrol’s job is not to stop narcotics or contraband or narcotics. The Border Patrol’s mission is not to stop criminals!” Carrillo goes on to say: “The Border Patrol’s mission is to stop terrorists and terrorist weapons from entering the country.” Really? Then tell me, Mr. Carrillo, how do you know a terrorist is a terrorist unless you stop and interrogate those attempting to illegally enter the country? And further, Mr. Carrillo, who rendered the decision that the USBP’s role at the border was not to apprehend illegals and/or drug dealers? Was it your boss? Or, is this simply your personal foreign policy agenda? From Carrillo’s pronouncements, one must assume that illegal crossings of “workers” and drug smuggling gang members run rampant in Laredo.
Unreported in the main stream media was Mexico’s threat to charge trade tariffs on U.S. imports if the U.S. proceeded with the border fence and current immigration law. They have complained to the U.N. about the border fence and our immigration laws, yet it remains a felony to enter Mexico illegally along with two years of jail time-unless you have enough money to pay off an official. They have a captive audience with the U.N. since the U.N. does not recognize the concept of illegal aliens. The U.N. uses the term regular migrate and irregular migrate. The U.N. is a strong advocate of open borders.
The above scenarios are not cherry picked highlights of the year , but just this past week, and represent just a few examples.
It is paramount as to who wins the next presidential election as far as national security is concerned. I am not sure if a Democrat could conceivably do as much damage as Bush has done to erode our national security via our borders. It is irrelevant what past administrations have done concerning illegal immigration. 9/11 should have changed the rules concerning our borders and the 600,000 unaccounted for criminal and expired visa aliens in the country, but it has escaped Senor Bush’s myopic vision of a open border continent.
As far the Republicans presidential candidate front runners go, Giuliani turned New York into a sanctuary city for illegal immigrants and would doubtfully change the direction of U.S. border security even though his city was attacked by illegal aliens with expired visas. John McCain is pro amnesty for illegal aliens and co-authored the bill offering amnesty. Tom Tancredo and Duncan Hunter are the only two candidates in the race at the moment that have the capability of drawing a line in the sand and not only halting this invasion but reversing it. They are the only two candidates that would have the foresight to suspend NAFTA and anything related to it until the Mexican government starts legitimately working to curb the flow illegal aliens into the U.S. and we get illegal immigration to a manageable level. It is well past time for someone to play hard ball with the Mexican government. There is a time for diplomacy and a time for action. It is time for action.
The Arizona Resistance Blog invites you to read much more from Jim Byrd at A Skewed View.