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OPINION

Deportation Is Necessary to Undo Harm Done at the Border

The opinions expressed by columnists are their own and do not necessarily represent the views of Townhall.com.
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AP Photo/Fernando Llano

Democrats in the last election insisted that re-electing them was necessary to “protect our democracy”.  But it turns out that for many of them, democracy only deserves protection when the democratic process produces their preferred result.

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Prop. 314 was proposed to allow police to arrest immigrants who don’t cross the border at a legal point of entry and to deny public benefits to illegal immigrants. It was approved by over 60% of the voters. Sounds like democracy at work, right?

Not to Phoenix councilmember-elect Anna Hernandez, who vowed the “Phoenix Council must move immediately to protect immigrant refugee residents in the city from the violence of 314… I am ready for this fight.”  Phoenix Mayor Kate Gallego, like many others, was also on board with the resistance, promising that neither the Phoenix Police Department nor “any city resources whatsoever” would be involved in enforcing this particular law. So much for respecting the democratic process.

Yet more Americans are beginning to realize our immigration policy sorely needs major corrections. In 1995, the Chairwoman of the Commission on Immigration Reform,  Barbara Jordan, herself a civil rights icon, told Congress “Deportation is crucial.  Credibility in immigration policy can be summarized in one sentence: those who should get in, get in; those who should be kept out are kept out; and those who should not be here will be required to leave…For the system to be credible, people have to be deported at the end of the process.”

She’s right. There is no way to fix Kamala‘s “broken immigration system”, (her words) , that doesn’t involve deportation to undo the damage done.

Here’s where we are. The low hanging fruit is the 1.3 million aliens who have been given their due process and are legally qualified for deportation. They are part of an Immigration and Customs Enforcement (ICE) “non-detain docket” of 7 million aliens, including criminals, who have not yet been processed but otherwise are eligible for deportation. Congress already has authorized ICE to deport all these individuals.

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The obstacle is that their “recalcitrant” home countries refuse to provide the travel documents needed for the return of their own nationals. (Hmm. Wonder why.). The Supreme Court has ruled that all those, even the criminals, who are not deported within six months must be released.

However, under US law, once the DHS has notified the State Department that a foreign country “denies or unreasonably delays” the return of its nationals, the Secretary of State must order consular officials to discontinue granting all visas to that country. That would surely get the attention of “recalcitrants” like China and India. Yet the Biden/Harris administration, ever loathe to stem the inflow of future Democrats, refused.

Despite the massive surge at the border following the 2021 inauguration, fewer than half as many aliens were removed by the Biden/Harris administration as during the previous four years. Instead, they alternated between laughably claiming the border was safely closed and that the only way to “fix” the problem was a comprehensive amnesty program combined with greater funding at the border but only to expedite the processing of immigrants.

There are other remedies that would mitigate the damage. The DHS secretary is allowed by law to require all aliens without a green card to be registered and fingerprinted. This would not only get a handle on the “getaways” and criminals who have melted into the population.  History suggests it would also trigger voluntary departures.

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Finally, we could enforce the E-Verify program and compel employers to check on their workers’ immigration status. Many employers prefer cheap, compliant employees but the long-term costs to our nation are too great. Absent the economic incentives, both public and private, few illegal immigrants would remain.

We are inviting many long-term economic and political problems by accommodating a cohort that will inevitably demand increased government support as they age. But more importantly, the Rule of Law is our legacy as Americans, the key to our freedom and prosperity. Ignoring the law at our border is a horrible mistake.

Border control and deportation don’t require more funds, more laws or military action. It is a matter of simply enforcing the law for the protection of us all.

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