We Don't Need New Immigration Laws, We Need Someone to "Faithfully Execute" The Existing Ones

The Center For Immigration Studies has released a report analyzing the 2008 anti-human trafficking law that Obama is using as an excuse to admit tens of thousands of minors into the United States. According to their reading of the law the Obama administration is misapplying the law to these illegal aliens.

Despite the attention it has received, by its own terms, the "William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008" — a law aimed, in part, at "unaccompanied alien children" who are victims of trafficking — may have little applicability to the current situation on the border:

It appears that a significant majority of children coming across are not "unaccompanied alien children" according to the definition found in federal law. Federal law defines an "unaccompanied alien child" as an illegal alien under the age of 18 who is without "a parent or legal guardian in the United States". Data from government agencies suggest that the overwhelming majority of minors arriving on the U.S. border have family in the United States.

There is little evidence to suggest that the recent arrivals are victims of trafficking, which involves coercion. Instead, families and their children are willing participants in smuggling operations, having paid smugglers to bring them into the United States. As ICE explains, "Human trafficking and human smuggling are distinct criminal activities, and the terms are not interchangeable."

Even where the 2008 trafficking act is applicable, provisions within the law allow its application to be limited in "exceptional circumstances", which — as one prominent Democratic senator recently suggested — might include the current border crisis.

The argument is basically these kids aren't being "trafficked" which has a specific meaning which does not include "trying to get to America to live with family or friends". Since these kids aren't being "trafficked" according to the 2008 law's definition, they should not be able to use the permissive program designed to protect children who are actually victims of a criminal act.

This again shows why amnesty opponents are so adamant in any deal that includes near instant legalization for future promises of security or enforcement. Democrats and amnesty favoring Republicans are simply untrustworthy.

The politics for this are going to be tough for the GOP. Obama has requested an emergency supplemental that is weighed heavily toward care taking and is very light on enforcement. More telling, they aren't asking for any change in the enforcement law (because they know it's unnecessary?). The GOP however can't simply spend money to resettle these kids across the US and not do something, however unnecessary, to change the law. Obama and the Democrats will then attack the GOP as being anti-Hispanic, anti-children and anti-kittens. Even if the GOP can force this change through, why would anyone think Obama will care and enforce it?

Keep this in mind when Marco Rubio and others who supported the Senate's amnesty bill tell you how super serious they are about this stuff. They either got rolled by Obama or are willing accomplices. Neither is a good look.

posted by DrewM. at 12:14 PM

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