The primary question which must be answered regarding our asylum laws:

Politics
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1

Was it the legislative intent of our asylum laws to allow the poverty stricken, poorly educated, low skilled and criminal populations of other countries to flood into the United States en mass, and to a degree, which predictably threatens the general welfare of the United States?

And why is this question important? It is important when a court is faced with answering if the existing conditions legally require the United States to accept onto our soil, with open arms, the current “caravan” wave of foreigners under our asylum laws?

And with regard to “legislative intent”, our Supreme Court, in Hawaii v. Mankichi, 190 U.S. 197 (1903), notes the absolute requirement to observe the intention of the lawmakers:

”But there is another question underlying this and all other rules for the interpretation of statutes, and that is what was the intention of the legislative body? Without going back to the famous case of the drawing of blood in the streets of Bologna, the books are full of authorities to the effect that the intention of the lawmaking power will prevail even against the letter of the statute; or, as tersely expressed by Mr. Justice Swayne in 90 U.S. 380 :

"A thing may be within the letter of a statute and not within its meaning, and within its meaning, though not within its letter. The intention of the lawmaker is the law."

The bottom line is, should our Constitution and laws made in pursuit thereof be construed by the Court in such a manner as to create a "suicide pact" for the citizens of the United States? Or, should the Court observe a fundamental rule of constitutional construction and adhere to “legislative intent”?

Keep in mind the social and economic impact which unbridled immigration is now having on the citizens of the United States. For example, it is now costing American taxpayers over $18 BILLION a year simply to provide healthcare to undocumented entrants, not to mention the social costs, such as the destruction of many of our public schools and outright crime, which uncontrolled immigration has inflicted upon the citizens of the United States.

So, was it the legislative intent of our asylum laws to allow the poverty stricken, poorly educated, low skilled and criminal populations of other countries to flood into the United States en mass, and to a degree, which predictably threatens the general welfare of the United States?

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JWK

The whole aim of construction, as applied to a provision of the Constitution, is to discover the meaning, to ascertain and give effect to the intent of its framers and the people who adopted it._____HOME BLDG. & LOAN ASS’N v. BLAISDELL, 290 U.S. 398 (1934)

2

The general welfare of the United States is not under threat, even in a hypothetical situation where the entire caravan gets asylum. That hypothetical has to be extrapolated out to billions of people just so the #MAGA camp has a strawman to argue about.

3

I appreciate your opinion but we are talking about an ongoing invasion and the devastating social and economic consequences it has, and is, inflicting upon the citizens of the United States.

Let us take a look at the destructive social and economic consequences in just one county in California inflicted upon its citizens in 1995 when this massive invasion of our borders began to accelerate. CLICK HERE and scroll to page 93 for testimony given by JOAN ZINSER before the COMMITTEE ON THE JUDICIARY, U.S. HOUSE OF REPRESENTATIVES, DECEMBER 13, 1995

Good morning Chairman Smith and other honorable members of the Subcommittee on Immigration and Claims. I am Joan Zinser, Deputy Director of the San Diego County Department of Social Services. I direct the department’s Income Maintenance Bureau, which has responsibility for AFDC, Food Stamps and Medicaid eligibility determinations. I am here today to tell you about the effects of illegal immigration on the County’s assistance programs, and to present information regarding impacts on other county-funded services.

Impacts on San Diego County

In 1993, illegal aliens in San Diego County were estimated to be 7.9% of the population, or a total of almost 220,000 illegal aliens in a county with a population of slightly over 2 1/2 million. A 1993 Calffornia State Senate report estimated that the State, local governments - primarily the County - and schools incurred $304 million in costs to provide services to illegal aliens. These costs were offset by only $60 million in taxes generated by illegal aliens - leaving a net impact of $244 million.

Welfare Costs.

When a child is a US citizen, AFDC can be granted for the child but not the parent, if the parent is an undocumented immigrant. In 1992 there were 6,414 children born to undocumented immigrant parents in San Diego County hospitals. Each year, the illegal alien parents of nearly 2000 "citizen children" apply for and receive AFDC in San Diego County. The cumulative total of these "citizen child" cases continues to rise each year.

Public assistance is intended to support the citizen child, but is paid to the illegal alien parent and is, no doubt, used by the parent to support the entire family. Costs for providing AFDC to "citizen children" cases in San Diego totaled $37 million in 1993 for approximately 5430 AFDC cases.

Additional costs are incurred in Child Welfare Services. Combining costs for Out-of-Home and Family Maintenance services to families of illegal aliens results in an additional cost of $1.7 million.

Medicaid and Other Health-Related- Costs.

Medicaid services are an increasingly large portion of the costs involved in illegal immigration. In 1992, Medicaid paid for 6,414 births illegal alien mothers. Although studies have shown that illegal aliens use fewer Medicaid services than do the age-equivalent members of the general population, significant costs remain. Delivery costs are greater for babies with mothers lacking adequate prenatal care and many medical conditions are treated more cost-effectively in their early stages. Infectious diseases are also a major concern of the County. San Diego County has historically carried large costs because of illegal aliens with these problems. Costs associated with providing emergency and pregnancy related needs to illegal aliens are paid for under "restricted Medi-Cal benefits." During the 1992 calendar year, an estimated $37 million was paid for "restricted Medi-Cal benefits." Other costs, including uncompensated care in hospitals, community clinics, and other health services elevated the 1993 total costs to over $50 million.

Criminal justice.

A recent 90-day pilot project involved having INS Agents present in the county jails to interview those suspected of being an undocumented immigrant. Approximately 20% of the persons booked into the jails during that pilot were identified as being illegal aliens. With annual bookings of approximatel 105,000 persons a year, it is estimated that up to 21,000 were illegal aliens.

According to the San Diego County District Attorney, 8,521 felony crimes were committed by illegal aliens between 1987 and 1992. Illegal aliens commit an estimated 22% of felony crimes committed in the county. The number of misdemeanors committed during the same period in San Diego County by illegal aliens is estimated to be 17,000. In 1993, approximately 15. 1 % of the costs -accrued in dealing with crimes were spent on illegal aliens. Costs for illegal aliens to the legal system totaled $151 million in the County of San Diego for 1993.

Education.

Recently, a video of students crossing the border and getting on a school bus in San Diego County in order to receive free education was shown nationwide. Locally, we have worked to make sure that this situation does not recur, but education of the children of illegal aliens is also a significant CDSt. It is estimated that $60 million was spent in San Diego County in 1993 for education of illegal aliens.

And, more recently see:

Illegal aliens cost California billions

2004

”Illegal immigration costs the taxpayers of California — which has the highest number of illegal aliens nationwide — $10.5 billion a year for education, health care and incarceration, according to a study released yesterday.”

Also see: Testimony about "51 Florida Hospitals in trouble" due to illegal aliens expenses:

Jun 10, 2008

”No need to editorialize. Here is a sampling of the sort of facts the politicians and pro-illegal lobby want you to ignore, yet expect you to continue to bear the burden of. Is it any wonder scores of hospitals in border states and elsewhere have shut down or closed their ER units!!!”

Then take a look at Texas Faces Rising Cost For Illegal Immigrant Care

Aug 19, 2010

Texas spent at least $250 million in the past year for medical care and imprisonment of illegal immigrants and other non-citizens.

And how about this: The Fiscal Cost of Unlawful Immigrants and Amnesty to the U.S. Taxpayer

May 6, 2013

”In 2010, the average unlawful immigrant household received around $24,721 in government benefits and services while paying some $10,334 in taxes. This generated an average annual fiscal deficit (benefits received minus taxes paid) of around $14,387 per household. This cost had to be borne by U.S. taxpayers. Amnesty would provide unlawful households with access to over 80 means-tested welfare programs, Obamacare, Social Security, and Medicare. The fiscal deficit for each household would soar.”

And how about the tens of thousands of criminal aliens released into our nation’s population? See: Judicial Watch: 165,900 Criminal Aliens into US Population Through April 2014

Mar 2015

”Nearly 166,000 convicted criminal illegal aliens were released by the Department of Homeland Security (DHS) as of April, 2014. This is the analysis of 76 pages of DHS documents obtained by Judicial Watch via Freedom of Information Act (FOIA) requests. The criminal illegal aliens include rapists, murderers and kidnappers.”

There comes a time when the evidence concerning the general welfare of the United States can no longer be ignored, at least not by those who are deeply concerned about the well being of the United States.

JWK

"The Constitution is the act of the people, speaking in their original character, and defining the permanent conditions of the social alliance; and there can be no doubt on the point with us, that every act of the legislative power contrary to the true intent and meaning of the Constitution, is absolutely null and void. ___ Chancellor James Kent, in his Commentaries on American Law , 1858.

4

Didn’t Mexico offer many of those from the caravan asylum in Mexico? But most if not all refused to accept it?

5

You automatically give “asylum” to the thousands in that caravan and you don’t think that will be a signal to the billions in the world living in poverty?

6

Yes, the vast majority were offered asylum in Mexico and they refused it. Aside from that the question must be answered:

Was it the legislative intent of our asylum laws to allow the poverty stricken, poorly educated, low skilled and criminal populations of other countries to flood into the United States en mass, and to a degree, which predictably threatens the general welfare of the United States?

.
JWK

The whole aim of construction, as applied to a provision of the Constitution, is to discover the meaning, to ascertain and give effect to the intent of its framers and the people who adopted it._____HOME BLDG. & LOAN ASS’N v. BLAISDELL, 290 U.S. 398 (1934)

7

It can reasonable be compared to yelling fire in a movie theater ____ which in all probability will cause a predictable and undesirable results.

JWK

As nightfall does not come at once, neither does oppression. In both instances there is a twilight where everything remains seemingly unchanged. And it is in such twilight that we all must be aware of change in the air - however slight - lest we become unwitting victims of darkness.___ Supreme Court Justice William Douglas

8

There are not just our asylum laws to take into account, but also several US-ratified international agreements relating to asylum and refugees that are relevant here.

9

And how do such “agreements” relate to our current situation at the border?

JWK

”The accumulation of all powers, legislative, executive, and judiciary, in the same hands [our 9th Circuit Court of Appeals] . . . may justly be pronounced the very definition of tyranny.” ___ Madison, Federalist Paper No. 47

10

Well, Publius?

JWK

11

see: MSNBC Reporter: Majority of Illegal Alien Horde Are Men…And They’re Not Seeking Asylum

Nov 26, 2018

The past couple of days have been mayhem at the U.S. southern border. Hundreds of migrants attempted to rush the border yesterday. Beth wrote about the blitz at the U.S. southern border. Tear gas was deployed and liberals went apoplectic that authorities were—you know-enforcing the law. You cannot enter this country illegally, no matter how sad your sob story is. NBC News also found something else out, something that we knew for months. The vast majority of the caravan is not made up of women and children; it’s men. And they’re not looking for asylum (via NTK Network):

So, as it turns out, our open border crowd has been wrong all the time!

JWK

American citizens are sick and tired of being made into tax-slaves to finance a maternity ward for the poverty stricken populations of other countries who invade America’s borders to give birth.