Thursday, January 18, 2018

DACA--Don't Americans Count Anymore

I see a story about a UC Berkley student who was arrested because he is in the country illegally. You can read the story here. This is another sob story about a person who thinks HE is special because he wants to be a lawyer and help others to get around our laws. The story refers to him as a "Dreamer" He is NOT a "Dreamer". If he was, he would NOT have been arrested. The clue is that his DACA status was NOT mentioned in this story. He is no different that the other 5 million people in this country illegally because they overstayed their visas. If he wants to be a citizen, then go back to Ecuador and do it the right way. The people who have complied with DACA parameters, even though it is fiat and NOT a constitutional edict, I have no problem with. They are complying with our "laws". However, they are STILL, legally, illegal aliens. I know there is no way to get rid of all 11 million plus but we also can't allow them to become citizens unless they do it the right way. 

I believe a new program should be created and funded by those who benefit from it.  This program should have a grace period, where if you are in the US illegally, you must come forward, submit a DNA sample, and prove that you are gainfully employed or have means to support yourself and your family without public assistance. Anyone that is in this program will not be eligible for ANY taxpayer supported public assistance, state OR federal and agrees to this as a condition. If you apply for any public assistance, you are automatically ineligible for this program.  If you have overstayed your visa, that shows you have financial ability to pay and will be required to pay a fine for that before you are allowed into the program. We create a NEW type of green card for this group. If you fail to do this within the grace period, lets say 18 months, there is NO wiggle room. If you do NOT comply with the requirements, you are subject to deportation at any time. If you are arrested, you WILL be deported IMMEDIATELY. Members of the US military, or students making progress to a college degree will be exempt from the financial guidelines, but still must submit DNA samples.  Any past felony convictions are AUTOMATICALLY disqualified, and future felony convictions will immediately disqualify the applicant and agree to the condition that they be subject to immediate deportation as soon as their jail term is completed. 


 All employers are also required to comply with e-verify and ANY employer who has employees that are currently in this group MUST provide proof that payroll taxes and SS/Medicare taxes are being withheld and certifies that they will be withheld in the future. For social security purposes, their employment starts when they have their first withholding and they will then be subject to the same rules as EVERYBODY else. In addition, a new withholding for this group equal to the current Medicare tax will be created to finance the cost of this program. Any employer who doesn’t comply will be subject to large fines and/or jail. 


The last part is that, in return for allowing them to stay in this country, they MUST start AND finish the process to become US citizens. They will NOT have a different path to citizenship. They will NOT be allowed to “cut the line” in front of those who are complying with our immigration laws currently. 


The MOST important part of this program is the addition of a poison pill. If any court finds any part of this program to be illegal or unconstitutional, ALL parts of the program are defunct and all participants are subject to immediate deportation.  DACA stood for Deferred Action for Childhood Arrivals. This type of program will allow DACA to no longer stand for Don’t Americans Count Anymore.

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