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Archive for the ‘immigration’ Category

Turns out there’s *consequences* if you deport the workers that farmers need in order to harvest their crops.

But hey, there’s all these newfound good paying jobs that Donald Trump has created! The Central Valley has an unemployment rate amongst white people that’s hovering close to 10%, so surely all those white racist cracker Trump voters are praising his name and enjoying their new jobs picking crops, right?

Oh wait, they’re not picking crops?

In fact, farmers are *begging* them to come pick crops, are offering big bucks to come pick crops, and can’t get any of them to stay more than four hours after being hired? Because whiny white crackers got out in the fields, sweated for four hours while doing half the work of the Mexicans around them, and then said “f*** this, I’m gonna go cook some more meth” and quit?

Well fuck. That makes no sense. How do you think all those white crackers got into the Central Valley in the first place? They moved there from the Dust Bowl to work the crops! But at some point they quit doing that. I guess all the illegals who had no rights pushed them out. But now that the illegals are getting pushed out by ICE, they’re not willing to go back to work again in the fields no matter how much farmers are willing to pay.

No matter how much.

Racist cracker motherfuckers. We ought to deport’em all back to Oklahoma. Just sayin’.

– Badtux the “White racist people are lazy motherfuckers” Penguin

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R.I.P. Maryam Mirzakhani, first woman to win the Fields Medal in mathematics. She was 40 years old and died as a result of breast cancer.

There are people who would have harassed her on the street for her nation of origin or her (perceived*) sexual orientation, claiming that these somehow are more important than her contributions to the nation. Those people are small minded bigots and should be treated as such. Even if they are the President of the United States of America.

– Badtux the Obituaries Penguin
(*) She was married to a man and had a daughter by him, so she was either straight or bisexual or closeted. Don’t have a clue as to which, and it doesn’t really matter. But none of that matters to bigots anyhow — she set off people’s gaydar, so they would have harassed her as a lesbian regardless, when they weren’t harassing her as an immigrant.

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So, about those “illegal immigrants”…

I have been reading the US Code, 8 U.S. Code Subchapter II – IMMIGRATION, looking for the term “illegal immigrant”. The term appears nowhere in the U.S. Code. Indeed, it appears that the U.S. Code goes out of its way to explain that merely being an unauthorized alien in the United States is *not* a crime.

It looks like the motivation for *not* making being an unauthorized alien a crime is that if it were a crime, then the unauthorized alien would have due process rights under the Constitution (which, remember, applies to *all* persons under the jurisdiction of the United States whether citizen or not — we have at least a half dozen Supreme Court decisions on that one). Due process rights would require a hearing in front of a judge. Since it is not a crime, since the unauthorized alien is merely being “removed” or “repatriated” via an administrative action, ICE can simply drive “criminal aliens” (those with felony convictions) right back over the border without judicial review. The felony conviction itself is enough to trigger the removal, without the need for further judicial review, because there is no additional crime called “being here without a visa” that requires due process. Removal is merely an “administrative action”, not a punishment for a crime. If it were a punishment for a crime, it would require a grand jury indictment and a trial with a judge and jury.

Just correcting terminology. The correct terminology, according to the actual law, is “unauthorized alien” or “deportable alien”. The term “illegal immigrant” occurs nowhere in the immigration code. The term “illegal alien” does occur, but is defined by the law to specifically mean unauthorized aliens who have felony convictions, and is defined as such in only two subsections of the entire lengthy immigration law. These are:

U.S. Code › Title 8 › Chapter 12 › Subchapter II › Part IX › § 1365

and

U.S. Code › Title 8 › Chapter 12 › Subchapter II › Part V › § 1252c

All other references refer to them as “unauthorized aliens” or “deportable aliens”.

Note that various publications of the IRS, ICE, etc. use the terms “illegal alien” or “illegal immigrant”. These, however, do not have the force of law, and their definitions are not the legal definition of an unauthorized or deportable alien. They are fundamentally commentary upon the law, and as commentary, they’re not required to abide by strict legal definitions and can use street vernacular. It is unfortunate that the street vernacular implies that the person is committing a crime by being here when the immigration code is quite clear that there is no crime (if there was a crime, due process would require a trial rather than a simple removal proceeding prior to an administrative action), but so it goes.

– Badtux the Terminology Penguin

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Found: The memo by the Office of Legal Counsel issued to Trump a few hours before his executive order on immigration was released, okaying it for release:

January 29, 2017

This is the best Executive Order ever. Everyone says so. Thanks, Mr. Commander-in-Chief!
— Office of Legal Counsel

P.S. The Muslims won’t like it. Sad.

SNRK!

– Badtux the Snarky Penguin

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This government lawyer seems rather unsettled by being questioned about God-Emperor Donald the Trump’s most fine Muslim ban. The court seems somewhat unconvinced by the government lawyer’s assertion that His Fraudulency’s decisions cannot be reviewed by the courts and that the state doesn’t have standing to sue on behalf of professors at its universities despite clear Supreme Court rulings to the contrary.

We’ll probably get the actual decision of this panel within a couple of days. In the meantime, the travel ban stays stayed.

– Badtux the News Penguin

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First, he threatened to invade Mexico. Or maybe it was just the most ham-handed offer of mutual assistance, like, evah. Then, He insulted then hung up on the Prime Minister of Australia.

Way to win friends and influence people, Orange Racist Pussy Grabber! Or should I call you El caudillo yanqui?

In other news: 24.3 percent of U.S. engineering and technology start-up companies, and 43.9 percent of those based in Silicon Valley were founded by immigrants. Which is why virtually every technology company in the Silicon Valley is up in arms about their founders and workforce being singled out by Cheeto Mussolini.

Those are interesting numbers. What it basically says is that immigrants are the difference between America as a washed up has-been Mexico North with a declining economy and declining share of the world’s wealth, and America as an economic powerhouse, because technology is pretty much the only thing America is #1 in anymore other than infant mortality and opioid deaths. (Well, to be fair, we’re #3 in opioid deaths — behind Estonia and South Africa. Yay.)

Uhm, yeah, I read Haaretz. Strange that I have to read the foreign press (in this case, Israel) to find out what’s happening in the United States…

– Badtux the Informed Penguin

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I’ve seen multiple reports now of Customs and Border Protection defying the court order to allow green card holders into the United States.

Apparently Donald Trump has told the Department of Homeland Security to ignore the court orders, and the union representing Border Patrol agents has applauded the executive order, which even conservative lawyers call malevolent and incompetent. Trump apparently is saying to the judge, “you have issued your order, now enforce it.”

We shall see. A President who feels safe in ignoring the courts, who feels that rule of law no longer applies to him, is a President who is no longer a president, he is a strongman dictator. Tomorrow is going to be… interesting. In the Chinese sense of the word.

As for the order itself, as former Vice President Dick “Darth” Cheney put it:

“I think this whole notion that somehow we can just say no more Muslims, just ban a whole religion, goes against everything we stand for and believe in. I mean, religious freedom has been a very important part of our history and where we came from.”

When even Darth Cheney thinks you’re evil…

– Badtux

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