Quote from achilles28:
A sympathetic legal culture is rendered meaningless when Congress unequivocally criminalizes illegal immigration.
At that point, softball judges will become the criminals if they fail to enforce duly enacted law passed by Congress.
This is not a grey area problem. And if it is, Congress has - and always will have - the power to make it black and white.
Lets not muddy the waters here.
And all the 'positive vibes' from an illegal-friendly academia and judiciary aren't going to spring Padro past a 30ft wall staffed with guards and infrared equipment.
Its a physical certainty.
Something that both you and Sam should know about the law. The federal government doesn't need to criminalize illegal immigration, and no voter initiative is needed to remove the various carrots from the hands (or mouths) of the illegals.
Under well-established existing legal precedent from the U.S. Supreme Court, a person crossing a U.S. Border is not entitled to the 4th Amendment reasonable expectation of privacy required for a search or seizure. That is, border officials can stop/seize and search anyone (citizen or visitor) for any reason, without probable cause or even reasonable suspicion of criminal activity, because, as the USSC puts it, the power of the federal government to protect the nation "is at its zenith at the border."
Persons crossing the border have no "right" to pass, unless and until the federal government is satisfied that they do not pose a danger to the sovereignty of the United States.
The above right to search and seize does not apply to State law enforcement officers nor does it apply once a person is reasonably considered to have reached the interior of the U.S. By interior, I mean that the person no longer reasonably appears to be crossing the border, so a person found wandering across the southern Arizona desert even though he/she may be 50 miles over the border, is still reasonably attempting to cross the border -- as is a person who has just crossed the border and is 60 miles up I-5 in California at Camp Pendelton, where he/she is stopped by the INS on the freeway and questioned about his/her identity and purpose for being in the U.S.
The point of my raising all this is to show that this really is all about what the Chief Executive wants to do in so far as enforcing immigration laws are concerned, and it has little if anything to do with friendly judges, academics, legislators, or anyone else.
All the power to close the borders to illegal immigration is already available to the President, based on existing Constitutional precedent (and has been available forever), without any input from Congress or anyone else, and the only reason that our borders remain porous is because the President simply refuses to enforce the physical boundaries of our nation.
I'm not picking sides, either. The last time that a President took any substantial steps to enforce our southern boundary and limit passage in any meaningful way was 11th President, James K. Polk (Democrat), under whose presidency, "the Treaty of Guadalupe Hidalgo, signed on February 2, 1848, ended the war and gave the U.S undisputed control of Texas as well as California, Nevada, Utah, and parts of Colorado, Arizona, New Mexico, and Wyoming. In return, Mexico received $18,250,000, the equivalent of $627,500,000 in mid-2000s dollars." -- Wikipedia, "Mexican-American War."
Since that time, Mexicans have been crossing the border mostly at their leisure in the same manner as they were doing before the Treaty was signed, and their migratory habits have now created a situation where the sovereignty of the U.S. is threatened, because there are enough Mexican nationals in the Southwestern U.S. to seriously raise the specter of another Mexican-American war.
In the final analysis, land belongs to the person who can adversely possess it by hostile, open, actual and continuous use. The current protests by Mexican immigrants, complete with Mexican flags suggest that there is a growing and substantial minority of persons who view California as belonging to Mexico again, because those people are in adverse possession of California land and resources.
Meanwhile, our President Bush plays patty cake with Vincente Fox of Mexico and acts like a guest worker program will solve the problem.
We don't need any more legislation. We just need a President who will enforce the borders. Once the border is completely shut to illegal immigration, we can try to figure out how we will deal with those who are already in the U.S. illegally, but who have established a substantial presence (job, home, family, etc.), such that it would not be fair or just that they be forced to leave.
Don't point the finger at anyone other than the person in the White House, because that is the person who is responsible for protecting the Sovereignty of the United States. Congress can declare war and allocate funds, but only the President can order the military to act.
And, our Presidents all simply refuse to do it.