Bob Beauprez

By Bob Beauprez and Christopher Jaarda

The New York Times is reporting that the Department of Homeland Security (DHS) will begin conducting a review of all deportation cases in the immigration courts with the goal of “halting” the deportation “of many illegal immigrants with no criminal record.“  In other words, this is a back door amnesty by a President desperate to score political points with a constituency critical to his reelection.

“Many immigration offenses, including being present in the United States without legal status, are civil violations; they are not crimes,” wrote the NY Times citing communications from John Morton, Director of Immigration and Enforcement Services (ICE) at the Department of Homeland Security.  That is simply not true.  At a minimum, someone in the U.S. illegally has committed a criminal misdemeanor; in a great many cases, felony statutes of federal law have been violated. 

Regrettably, the announcement by DHS is the latest in a long list of government inaction when it comes to enforcing America’s immigration and criminal laws.  This form of selective enforcement also ignores the harm illegal immigration poses on citizens and legal immigrants alike.

First, it should be pointed out that under federal law, by virtue of being unlawfully present in the U.S., an illegal alien is committing (at a minimum) a misdemeanor crime. DHS is choosing to ignore the fact that all illegal aliens are actively committing a crime under federal law.

Second, consider that each year, the Social Security Administration (SSA) compiles a “no match” list for paycheck withholdings remitted to the government by employers in cases where the employee’s name and social security number reported by the employer do not match.  Now admittedly, some of these “no match” discrepancies are a result of typographical errors but the majority of those are the result of withholdings from wages of illegal aliens. 

Any individual who uses a social security number that was not issued to them is committing a felony.  In cases involving the use of a number that has never been issued by SSA, the felony is identity fraud.  In cases where the number has been issued to someone else, the felony is one of identity theft.  Both instances are 5-year felonies under federal law. 

Bob Beauprez

Bob Beauprez is a former member of congress, dairy farmer, community banker, real estate developer, and now a buffalo rancher in Colorado

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