TRUE Enforcement — Good News?

By Juan Mann

11/14/2005

The TRUE Enforcement and Border Security Act of 2005 was announced on November 3 by Congressmen Duncan Hunter (R-CA) and Virgil Goode (R-VA) and is currently "moving toward introduction this week or next", according to FAIR’s Stein Report.

Right now, other than some talking points, the details of what’s actually in the bill are nowhere to be found in Thomas — the Library of Congress' valuable legislative information site. Nevertheless, radio talk show host Terry Anderson already raved about "TRUE Enforcement" last week.

I’m a great fan of Terry. But I’m still waiting with bated breath for the details. I’m a great fan of Congressman Tom Tancredo too, but I didn’t like everything in his H.R. 3333 when I saw it.

Still, I have to admit that, judging by the talking points released so far, some of the "TRUE Enforcement" provisions are absolutely tantalizing for an Immigration-and-Nationality-Act-ophile like yours truly.

Consider the following teaser about the TRUE Enforcement and Border Security Act of 2005, Title V — Penalties and Enforcement — Detention, Removal, and Departure:

• Streamlines removal of aliens incarcerated for criminal offenses

• Broadens the Expedited Exclusion statute to allow removal of illegal aliens in the U.S. less than five years

• Broadens scope of offenses subject to expedited removal

• Allows reinstatement of removal orders for illegal aliens reentering the U.S. illegally

• Increases penalties for illegal reentry

• Bars illegal aliens in the U.S. for more than 180 days from seeking cancellation of removal in court

Wow, I can’t wait!

But it gets even better. When I translate these talking points back into Immigration Act-speak, the sections of law targeted by "TRUE Enforcement" would warm the heart of any immigration law enforcement fan!

Some of my all-time favorites are here: expanding Section 235(b) expedited removal, restoring Section 241(a)(5) reinstatement of removal for previously-deported aliens, and shutting down the EOIR’s rolling amnesty for illegal aliens in the ridiculous Section 240A(b) "cancellation of removal for certain non-permanent residents."

Now you're speaking my language!

Although the devil is in the details, the concepts unveiled so far are right in line with what I've been beating the drum about for four years now … namely, taking jurisdiction away from the litigation bureaucracy of the EOIR (the Department of Justice’s Executive Office for Immigration Review) in order for the federal government to actually deport aliens.

Here’s a sample of my past efforts on these topics:

Summary Removal

• 07/04/05 — A Second Independence Day: Summary Deportation Now (Or Counter-Insurgency Later?)

• 12/21/02 — U.S. Has Legal Means To Stop Detention Revolving Door.

Section 235(b) Expedited Removal

• 09/19/05 — Bush Administration Still Sabotaging Expedited Removal Law

• 11/11/02 — A Small Enforcement Victory For VDARE.COM!

• 11/05/02 — Illegal Aliens? Guess What — A Solution Is Already On The Books

Ninth Circuit — (Morales) — reinstatement of removal

• 03/28/05 — The Ninth Circuit’s Good Friday Betrayal

• 01/04/05 — Deportation System Broke — Treason Lobby Against Fixing It.

• 12/07/04 — "Go West, Criminal Alien!" — Ninth Circuit Appeals Court

So stay tuned, immigration law enforcement fans. There just might be some amnesty-free "TRUE Enforcement" right around the corner.

Juan Mann is a lawyer and the proprietor of DeportAliens.com.

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