Posted on 4/25/2011 as a comment to Angelo Paparelli’s “Demystifying Immigration Myths.”

Thank you Angelo for saying (for some time now) what an affront to common sense and our constitution this BrandX/Chevron deference has inflicted upon them. The progeny of regulations that have the force of statutory law has made Congress powerless to address the issue of immigration without having the Judiciary and Executive organs overruling its enactments every which way from sun up to sundown. BrandX/Chevron have made Article 3 judges obsolete in all matters immigration to the point where we now see what is becoming a proliferation of retractions of precedential decision from those once respectable courts to make way for the asinine and ever so changing interpretation of the various agencies having jurisdiction over immigration laws.

These agencies enact new immigration laws by the mere power of their interpretations of the Congressional intent behind otherwise straightforward statutes. These interpretations afforded by Brandx/Chevron change often and are not necessarily uniform in all jurisdictions. You would think that Congress’ edicts apply equally to all jurisdictions, but leave it to these agencies to dispel this common knowledge. We have now come to the point in immigration law (as in criminal law during the Rodney King days, not to dig up old skeletons) where what you see is not actually what you see. The damage to our system of laws, stare decisis (et non quieta movere) in particular is unknowable but certainly great in proportion since settled matters are constantly being unsettled by new interpretations. Often these new takes are offered by nonlawyers practicing law under the federal banner ¬†making it so difficult for those of us trained in laws to reconcile the principles of stare decisis with whatever new verbiage that doubles as new law being handed down by the almighty federal agencies. When lawyers can no longer rely on stare decisis to guide their clients or when a co-equal branch of government abdicates a power granted it by the constitution to another branch not so privileged, I say nothing good can come from a system that permits this imbalance to occur.

After all, no one branch is permitted to unilaterally change the constitution last time I looked.It seems elementary to me that Article 1 judges should not be telling Article 3 judges how to interpret statutes enacted by Congress. Call me a stickler . . . but that’s just me.

Aime M. Katambwe, Esq. 7/1/2011

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12 thoughts on “THANK YOU ANGELO

  1. Well I’m white and live in an area primarily coisnsting of recent Mexican immigrants and Mexican-Americans that are first, second or third generation. They were here first and the actual history was nothing more than a greedy land grab by the U.S. government. I am not anti-American at all but history is history. The Texas Rangers went all the way down to Mexico City raping, killing and desecrating Catholic churches along the way. People in America aren’t taught the full history of how it all went down. Most people from Mexico are not criminals and they certainly aren’t lazy trying to live off of the system. They are willing to do jobs that most Americans would refuse to do and this is for the sake of their families having a better life.All the anti-Mexican propaganda is part of a big conspiracy to create a new scapegoat and rekindle old prejudices. It is all bullsh*t. Most people never get to actually know the Mexican population because of their own fears and prejudices.

  2. We don’t need reform, we need our laws eorcfned. Stop giving them everything and they will stop coming. Illegals are hurting every single tax paying citizen regardless of their race/ethnicity. Amnesty is a free pass to the law breakers and it was tried in the 80 s. It was a complete failure and now millions more are wanting another free pass.To the people that say our ancestors were illegal immigrants that is not true because there were no immigration laws. Even the the native Americans came from Asia. Give all these illegals citizenship, they will have to be paid the same as citizens, employers will be cheap and encourage more illegals to come. The cycle will never end without enforcing our laws.

    • you can’t go there. You were born HERE. You belong to the state HERE. You must stay HERE. You are stuck HERE!Well, that’s the law, but, as you have so often done throoghuut your life, you take the logical route: you break it. It’s just a line, you reason. I’ll only be in America for a short time, you think, so why bother trying to integrate? All these americans are shouting Illegal! Illegal! Sheesh, dont get your panty hoses in a knot! I’ll be in-and-out, I swear! Maybe I’d stay forever, if the law allowed me, but immigrating LEGALLY is something I just can’t afford. The process is too long, too buearucratic, and too expensive. The USA stole all that land in the Mexican-American war, anyways! It SHOULD be ours! Why should I go through corrupt bureaucrats to get my documents and then have to pay taxes in the US? No, I think I’ll just go over tonight. I’ll be safe, happy and healthy in that beautiful country up north, and I’ll save up some hard-earned cash for my family and/or myself while I’m at it. Yeah, this is a great idea. I hope they dont deport me.I hope I’m painting you a picture of the mentality and rational that goes on here. These people are our fellow-men. They also have lives, families and ambitions, but they live in a corrupt instituion and culture. It isn’t their fault they were born there. Some will say, yes, but it’s THEIR job to clean up THEIR mess! Granted, but the fact is that 99% of them are not in a position to do anything, nor will they ever be. If you’ve ever befriended hispanics, you know how friendly they are- once your in their group, they slap you on the back, smile, laugh, make some jokes, and share everything they have with you. Hispanics dont have friends- they only have family.To be honest, I wouldn’t be surprised if most hispanics feel quite offended at the fact that the affluent americans dont want them here. We have good reasons, of course, reasons that most hispanics consider void because of the life they came from and the fact that they consider all laws and governments as corrupt and not important. Taxes is an important reason- we should not be paying to help illegals get education/healthcare or anything else- not unless they help pay for it.However, I don’t believe we should be actively deporting them, either. They do take our jobs, but the goal should not be to deport them, but to MAKE THEM CITIZENS, so that THEN THEY WILL BE PAYING TAXES! Then, once they are paying taxes, they can enjoy all the rights, freedoms, prosperity and benefits that we enjoy everyday. And you know what? As soon as they become hard-working citizens, they are no longer a drag on our economy, but rather a BENEFIT to it. They add to the workforce, and often do jobs that few others would. We need those kind of people, too, you know. Now as for the culture, that is, the deeply-ingrained idea they have that law doesn’t matter, it can be a problem at times; illegals often have the highest crimerates within the US. It is THOSE individuals who must be detained and/or deported. If they have already acquired citizenship, then we can punish them just as we would any other american criminal. By the law. However, the majority of illegals would likely embrace citizenship, and would become law-abiding american citizens. I would easily guess that 90% of them would jump at the opportunity. I cannot confirm that statistic, but knowing their culture and having lived among them, that is my belief. As for their cultural problems, such as blaring music too loud for their neighbors, throwing garbage in their neighbor’s yard or just not picking up english, most of these issues would solve themselves almost immediately as the differences in the culture become obvious and accepted to the new-comers. And although it upsets many americans to see spanish signs, or hear spanish dialogue that they dont understand, they must realize that in hispanic nations, english is as common as spanish is. Whilst few hispanics actually speak it, the english language is on all packaging, imports, and other items which are from the US(which is alot). English rock and pop music are played on the radio as much as spanish music, virtually all of their movies come from Hollywood and are thus subtitled in spanish. Even their local TV networks often broadcast american-made shows. The hispanics are used to a foreign, unintelligable language pervading their own country, so they are dumbfounded when americans flip out over a spanish shop on mainstreet. I think that we, as americans, need to be less-reactive to languages we don’t understand. It seems foreign to us, yes, but the majority of the world is now in a bi-lengual mode, with english being the second language. We have french restaurants and shops, so why not spanish? I suppose it is just the knee-jerk response; we see a mexican-hole-in-the-wall shop and our first impulsive thought is illegal! Perhaps its a deseved reaction, but if we make our illegal friends into legal, law-abiding citizens, I think we would quickly grow acustomed to and even learn to love the influx of a new culture in our cities and country. And should the hispanics choose NOT to ever learn english? I cannot blame them completely if such is the case; it was a real struggle for me to learn spanish. I also imagine that the older hispanics would have a REALLY difficult time pickingup a new language at such an advanced age(statistically, the older you are, the less able to learn a new language you are). However, their children would certainly pick up english quickly and would definately integrate into the american culture far easier than their parents. Millions of illegal’s american-born children have already demonstrated that. Most of us probably know atleast a couple of such individuals personally. So, those who are too old to integrate will die off within a generation or so, and their children will integrate just fine into quality american lifestyles. (This of course is the idealistic scenario; there will always be some trouble-makers, whom, as I’ve said, will have to be deported or imprisoned, as any other american would be.)Another concern among many is that once we start offering citizenship and/or amnesty, that the floodgates will spill over with millions more illegals flooding the country. This should not be a concern. It would happen, for sure, but as previously stated, the influx of worker-citizens would be a valuable asset to our economy, if carefully handled(by that, I mean as little government intervention as possible- the government always slows down economic growth when it gets over-involved). If, in the end, Mexico and neighboring nations feel their own populations getting too small as they all move into the USA, they will certainly tighten up their own security measures to prevent it. It would be nice to see them do their parts to patrol the borders, for once, seeing as principally the US has been handling it for some time. And if they dont tighten up their security, oh well! Let’s all be americans! It sure beats any other nationality.

      • Thank you Pres. McGuire for putting up this iifmroatnon. Although, there are many challenges the Latino community face, I am very happy to see that the media can also focus on the postive side. My parents came to the U.S. from Guatemala almost thirty years ago and it is important for us U.S. born children to achieve what many parents could not even dream about achieving. Like many women in Trinity I was the first to graduate from college & it feels great to see that more and more Latinos, as well as other minorites are attending and graduating college!

      • Nothing can be done. You can’t stop migrations. It’s inbativele. You might as well accept it, there’s nothing you can do. Yada, yada, yada.Well, Poppycock. We take it one step at a time. First things first, we can stop illegal immigration in it’s tracks. Build a fence and the flood is reduced to a trickle. Once the tide has been turned back, we can take up the issue of repatriation for resident illegals.We have the means to deal with the problem, the question is do we have the desire.

      • Immigration attorneys poivrde counsel, legal assistance and representation to individuals who are faced with an issue related to processing of their documentation related to immigration. They also represent individuals in court who are facing deportation or when challenging a decision made by an immigration judge.They are also available for consultation related to immigration law and rules and how the changes to these laws and rules may affect their clients.Immigration attorneys also develop public policy related to immigration and are responsible for interpreting international law and how these law may affect policy under development.Hope this helps.

    • How do I get my news?I hear it second hand in blogs like this one, and then I sercah the internet for multiple sources to try to find both sides of the issue. I believe nothing I hear on TV regardless of its source. I’ve even been able to prove reputable sources like the History Channel and the Discovery Channel wrong numerous times. TV exists to entertain, not to educate. All of the news networks are full of crap.

    • I think we really need to start punttig the onus of responsibility on the nations where most of these economic refugees come from. That’s really what it amounts to. The reason people come to America is because the lowest standard of living in America would be considered middle class in those nations. Unfortunately, when the gap between the lowest and the highest class becomes too great, like it is in Mexico right now, one of two things will happen. Either the people will revolt, or the people will emmigrate. With the United States so close, what incentive is there to revolt in Mexico right now?

  3. about overburdening state poilce will be the end result. Even if they DO have a law to apprehend the illegals, they cannot deport them. Thats federal juristiction and so if the feds don’t want them to go, they can let them stay. Sometimes its cheaper and easier to give a green card than to do the legal hasstle of deportation- Especially if they have children born here.Every illegal allowed to stay will be a strain on the state forces, and a waste of time for the feds who would have to just let them go. There is a positive end to this though. A lot of illegals will get their green cards and be no longer breaking the law. I am sure this is the intended consequence you want, right AZ, Honcho?

    • Undocumented workers come to the United States from every croutny in the world. While mainstream TV and news would like us to believe that immigration is strictly a Latino problem, this is simply disinformation fueled by racism and ignorance. The reasons people come to the U.S. are numerous and differ from person to person. A great deal of these individuals come here because the quality of life is so dismal in their croutny that leaving their family and friends to go off to a distant, often hostile, croutny is their only hope. I don’t think many Americans take the time to look at things from an immigrant’s point of view. Just because we see most other countries as third-world dumps, that doesn’t mean that our assumptions are true. For the great majority of undocumented workers who come to the U.S. the decision to leave their home is one of last resort. Think about it would YOU want to willingly try to get into a croutny where you are always under the threat of arrest and where the majority of native citizens look down at you with contempt and hatred? In addition, the idea that undocumented workers are driving this croutny into the ground by taking jobs away from Americans is simply not true. The majority of employers (with the exception of mega-corporations who seek out undocumented workers in order to capitalize on their vulnerability) try to hire Americans to fill service and labor jobs. While many are unwilling to admit it, Americans see those jobs as beneath them and refuse to accept such little pay for the amount of effort one must exert to perform these jobs. I have worked in the restaurant/hospitality industry for over 15 years as both an hourly worker and executive management. For those who may not know, restaurants run on an exceptionally small profit margin. The amount you pay for a dinner in a restaurant is almost exactly how much the restaurant paid to get the ingredients for your meal. If a restaurant were to pay their employees what the average American would see as a fair wage for this type of work then your meal would cost you double, even triple. Working as a bus boy, a dish washer, or prep cook is hard, thankless work. Do YOU want to scrap and wash other people’s dirty dishes? Would $8.00/hr be enough to get you to do that job? 99% of restaurants try to extremely hard to employ documented workers. Remember, employers who hire undocumented workers face just as much trouble as the workers themselves. No business is willingly going to put itself in a position like that unless it is a last resort. I have been in interviews where unemployed white adults refuse to accept the amount of money offered for this type of work. We can’t force people to accept these jobs and if we tried to pay the higher wages the restaurant would run out of money, close down, and then every single person who worked there would be unemployed. Not to mention the financial hit this would be to the companies that rely on restaurant sales to finance their own businesses. Believe me, that type of downward spiral is NOT what the economy needs right now. The hospitality industry is not the only one having trouble hiring American workers. I know local farms in my area who are desperate for workers! These farms pay as much as they can in wages, but small farms are at a huge disadvantage when it comes to making money. People come to the job interview, find out what type of work the job requires, and then turns the job down without so much as a second to think about it. Americans do not realize how much of our economy is fueled by cheap labor. We all want to eat out and buy cheap products, but we blame undocumented workers who make this possible.When it comes down to going to a local farmer’s market or running into the nearest Walmart super store most people go for the mega-corporations. Every dollar you spend in a big box store is a dollar you take away from local farmers and small businesses. You can’t have low prices and expensive labor. It just doesn’t work that way. Americans need to do their part in resolving this social issue. Either be a smart consumer who is willing to pay what a product/service actually costs when produced by American workers or be happy with the cheap prices for mega-farm food and electronics.

    • Wow, that’s impressive. You are suoiprtpng Mexicans that don’t pay taxes, only to hurt people that have helped you out to begin with to only shop at a place where the police can easily find you. That’s ok with us. Show how poor you are by not working again. I guess you don’t realize that Alabama is a free right to work state, meaning they can fire and hire someone else without cause. That means, you’ll be on the sh!t list and when they find someone else to take your place, you’ll once again be out of a job. You could have avoided this trouble if you would just be legal. But no, you like to take and not give back. Ricky Martin was not a contribution, sorry.

  4. Well, I won’t deny that I have some dissapointment in Obama too, but lets give him a bit of a break. He inehrited a crappy no a CRAPPY situation that Bush created. The economy was on the verge of collapsing and we were at war in 3 different countries, over $3 billion in debt to China to pay for it! I can see Obama not being able to successfully run a 2nd term, because nobody can fix these things in under 4 years, even if they are absolutely perfect at the job. This was not Obama’s fault, it came from the prior administration, and it always leaves me shaking my head when people endorse policies that would lead to this.

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