SadistDave
Posts: 801
Joined: 3/11/2005
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According to http://www.law.cornell.edu/uscode/text/8/1324a the VAST majority of criminal immigrants are be eligible for federal service anyway. Consider that criminal immigrants mostly just disappear when they get into the country. These folks aren't big on documentation to begin with, and probably less than 5% will meet the qualifications even using fake documentation. Here are the requirements:
(7) Application to Federal Government
For purposes of this section, the term “entity” includes an entity in any branch of the Federal Government.
(b) Employment verification system
The requirements referred to in paragraphs (1)(B) and (3) of subsection (a) of this section are, in the case of a person or other entity hiring, recruiting, or referring an individual for employment in the United States, the requirements specified in the following three paragraphs:
(1) Attestation after examination of documentation
(A) In general
The person or entity must attest, under penalty of perjury and on a form designated or established by the Attorney General by regulation, that it has verified that the individual is not an unauthorized alien by examining—
(i) a document described in subparagraph (B), or
(ii) a document described in subparagraph (C) and a document described in subparagraph (D).
Such attestation may be manifested by either a hand-written or an electronic signature. A person or entity has complied with the requirement of this paragraph with respect to examination of a document if the document reasonably appears on its face to be genuine. If an individual provides a document or combination of documents that reasonably appears on its face to be genuine and that is sufficient to meet the requirements of the first sentence of this paragraph, nothing in this paragraph shall be construed as requiring the person or entity to solicit the production of any other document or as requiring the individual to produce such another document.
(B) Documents establishing both employment authorization and identity
A document described in this subparagraph is an individual’s—
(i) United States passport; [1]
(ii) resident alien card, alien registration card, or other document designated by the Attorney General, if the document—
(I) contains a photograph of the individual and such other personal identifying information relating to the individual as the Attorney General finds, by regulation, sufficient for purposes of this subsection,
(II) is evidence of authorization of employment in the United States, and
(III) contains security features to make it resistant to tampering, counterfeiting, and fraudulent use.
(C) Documents evidencing employment authorization
A document described in this subparagraph is an individual’s—
(i) social security account number card (other than such a card which specifies on the face that the issuance of the card does not authorize employment in the United States); or
(ii) other documentation evidencing authorization of employment in the United States which the Attorney General finds, by regulation, to be acceptable for purposes of this section.
(D) Documents establishing identity of individual
A document described in this subparagraph is an individual’s—
(i) driver’s license or similar document issued for the purpose of identification by a State, if it contains a photograph of the individual or such other personal identifying information relating to the individual as the Attorney General finds, by regulation, sufficient for purposes of this section; or
(ii) in the case of individuals under 16 years of age or in a State which does not provide for issuance of an identification document (other than a driver’s license) referred to in clause (i), documentation of personal identity of such other type as the Attorney General finds, by regulation, provides a reliable means of identification.
(E) Authority to prohibit use of certain documents
If the Attorney General finds, by regulation, that any document described in subparagraph (B), (C), or (D) as establishing employment authorization or identity does not reliably establish such authorization or identity or is being used fraudulently to an unacceptable degree, the Attorney General may prohibit or place conditions on its use for purposes of this subsection.
Since, in this case, federal employment is in the military, and the military follows it's own set of laws as well as federal law. I doubt this move of The Bamsters has much basis in reality to begin with. Even allowing that there is a mad rush of criminal immigrants entering military service, they still face penalties from both the Uniform Code of Military Justice and federal law if they should enlist fraudulently. According to article 83 of the UCMJ, fraudulently enlisting in the military carries a 2 year prison sentence, a dishonorable discharge, and forfeiture of all pay and allowances. With the possible exception of illegals who might find some benefit of being in prison, I think that's going to put the kibosh on a lot of fraudulent criminal immigrant enlistments.
Frankly though, I believe Col. West is correct. No President can make or alter laws without Congress. Executive Orders ONLY have the force of law if the subject of those orders clearly falls under the purview of the Executive Branch. Since immigration law falls under the authority of the Legislative Branch, the Kenyan has no such authority.
Here's what Whitehouse.gov has to say on the matter:
The Constitution grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject many Presidential appointments, and substantial investigative powers.
Uh oh!
So, you don't like West, or conservatives, or whatever.... fine. Provide some Constitutional evidence that any President can enact or alter laws not under the auspices of the Executive Branch. Since it appears that his Constitutional understanding of the issue is in complete agreement with the White House's understanding of the issue, then Col. West is absolutely correct in stating that the Executive Branch is acting illegally.
-SD-
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To whom it may concern: Just because someone is in a position of authority they do not get to make up their own facts. In spite of what some people here (who shall remain nameless) want to claim, someone over the age of 18 is NOT a fucking minor!
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RE: Allen West calls on US Military to Disobey the Pres... - .gif){kind=avatar}
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