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Hispanic News Immigration Reform Proposal: Secure Border, DREAM Act and Path to Citizenship

 

PHOENIX (By Jon Garrido, The Jon Garrido Network) Monday, June 28, 2010 — We are at loggerheads with Immigration Reform.

 

For all practical purposes, Immigration Reform is dead this year. Obama has stated numerous times unless Republican support is obtained, Immigration Reform will not proceed.

 

Without Immigration Reform, the Arizona SB 1070 cancer will continue to infect most states and cities.

 

For this primary reason, Hispanic News strongly believes what is important is the welfare of 12 million Undocumented in the United States.

 

These persons need to be identified and allowed to function the same as American citizens with all rights and privileges accorded to citizens of the USA.

 

Therefore, Hispanic News believes to achieve support from most Americans, the border needs to be sealed from further unauthorized entries, drug and firearm smuggling.

 

In return for support of these issues, the Undocumented need to become part of America's tapestry to be allowed to live and work in the United States with the same rights and privileges of American citizens.

 

This includes all provisions of the DREAM Act to enable Hispanic students to achieve the American Dream.

 

Below is a draft in a continuous flux of change as recommendations and feedback will alter the scope of the proposal. The plan is not perfect but it is a beginning. The only way to achieve the plan becoming law is the Hispanic News Plan must be shared with everyone across the United States to build consensus to move Immigration Reform forward.

 

If the entire Hispanic community across America gets behind this plan or any other similar plan will enable bi-partisan support to allow Immigration Reform to proceed.

 

If you support this hypothesis, then email this page to everyone and if you use Tweeter, please RT, RT, and RT.

 

Hispanic News invites you to make comment by forwarding an email to Jon@JonGarrido.com that may be considered in modifying the text below:

 

Salient Points:

 

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20,000 US Army soldiers shall be sent to the U.S. Mexico border to secure border from anybody or anything entering into the United States without authorization. The US Army will remain on the border for a period of 10 years with automatic extensions of additional 10 year periods except for in time of war. Deployment of the US Army away from the border only if in the best interest of the United States as determined by the President with consent of the U.S. Senate.

• The US Army will have sole responsibility for securing the border with US Border Patrol serving in support to receive detained persons from the US Army, process fingerprinting and release detained persons back to Mexico.

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Anyone crossing the border into the United States is fingerprinting and released back to Mexico. No one is arrested  —  no need for Miranda Rights. Anyone apprehended is ineligible for entry for ten years into the United States.
• No drugs shall be allowed to enter the United States. The US Army will turn over all persons apprehended for drug smuggling to US Customs for detainment and processing.
• US Customs will detain and process drug smugglers complying with all required civil rights requirements such as Mirada rights. All persons convicted of drug smuggling will serve a mandatory ten year jail sentence, deported and prohibited from entering the United States for 25 years.
• No firearms shall be allowed to leave the United States. All vehicles leaving the United States will be searched. US Customs will detain and process firearms smugglers complying with all required civil rights requirements such as Mirada rights. All persons convicted of firearms smuggling will serve a mandatory ten year jail sentence, deported and prohibited from entering the United States for 25 years.
• No wire transfers by individuals that exceed $500 shall be permitted to Mexico and other Latin American companies.

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All ICE detention facilities will be permanently closed and used for other purposes except for detaining drug and firearm smugglers awaiting court proceedings.
• ICE except US Customs will come to an end including the 287(g) program.

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Upon Immigration Reform legislation becoming law, all undocumented persons in the United States are automatically classified for a period of five years without extension as "Temporary Resident Pending U.S. Citizenship" that shall entitle all persons to live and work in the United States with all rights and privileges of a U.S. Citizen. All will be given US biometric Social Security Identification Cards stating the bearer is entitled to all rights and privileges identical to US citizens (Including all provisions of the DREAM Act).

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All persons classified as "Temporary Resident Pending U.S. Citizenship" shall be given an expedited process identical to the process given Cubans who touch US soil in becoming US citizens.

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An affirmation statement will be included in the Immigration Reform Law "all persons born in the United States or born with one parent of an American citizen shall be citizens of the United States without exception."
• An affirmation statement will be included in the Immigration Reform Law "The Supremacy Clause in the United States Constitution, Article VI, Clause 2, asserts and establishes the Constitution, the federal laws made in pursuance of the Constitution, and treaties made by the United States with foreign nations as "the Supreme Law of the Land." The text of Article VI, Clause 2, establishes these as the highest form of law in the American legal system, both in the Federal courts and in all of the State courts, mandating that all state judges shall uphold them, even if there are state laws or state constitutions that conflict with the powers of the Federal government to govern the rights of the Undocumented.  All undocumented and their children be guaranteed safe harbor and be protected by all provisions of the U.S. Constitution

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All laws of states, cities, towns and other local jurisdictions directed toward the Undocumented, Immigrants, and Migrants that diminishes the rights and privileges of designated groups or person shall be vacated, declared invalid, null, and void. All undocumented and their children will not be denied access to any local, state, or federal program available to any U.S. citizen.

 

Hispanic News does not support: (text below being modified to reflect what we do not support)

 

• A temporary worker program unless said program include all provisions of item 3 below to avoid the August 4, 1942, U.S. and the Mexican government instituted Bracero program which abused Mexican farm workers in the USA. Do we want the same again? In addition, why should a temporary worker be excluded from remaining in the United States under the auspices of the precedent established for the Cubans: One who makes it to shore ("dry feet") gets a chance to remain in the United States, and later would qualify for expedited "legal permanent resident" status and U.S. citizenship. Mexicans deserve the same as the provisions and ease of entry given to the Cubans.
• Schumer has in the past outlined his principles for reform, which lean towards a heavy focus on enforcement rather than on family reunification or humane reforms to the immigration system which is required by Hispanic News.
• Why must all Hispanics learn English? This is reminiscent of "English Only" laws. If there is truly a justified need for a person to learn English, then English should be required but there may be many who will never need English so why should they be required to learn English? The "English Only" requirement needs to be eliminated.
• Why must any Hispanic applicant for U.S. Citizenship or visa have to admit they broke any law on entering the United States. Where is the provision for the 5th amendment of the U.S. Constitution that protects self incrimination? Are Hispanic applicants to be designated as a subservient class?
• The continuation of Immigration and Customs Enforcement (ICE) with its present mandate. ICE must be changed and detention facilities must be destroyed or converted to other uses. In addition, the ICE 287 (g) program must be eliminated.
• Mexicans give Immigration Reform the highest priority in the land even ahead of health care reform because they have no access into the U.S. by any means except the normal visa process which can take as long as 20 years to obtain. All undocumented presently in the United States must be allowed to remain in United States and would qualify for expedited "legal permanent resident" status and U.S. citizenship.
• Hispanic News strongly supports family reunification as the main thrust of new Immigration Reform. The requirement only those with higher education PhDs be admitted to the U.S. is absurd.
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Hispanic News does support a temporary workers program with the condition temporary workers be provided safeguards to guarantee employee employer contracts be fulfilled and in addition, all temporary workers be allowed to remain in the United states and qualify for expedited "legal permanent resident" status and U.S. citizenship.

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All state and local immigration enforcement come to an end. Specifically, elimination of the 287(g) program is a must. Any immigration bill must also specifically state all enforcement of federal immigration law will only be provided by the federal government. The elimination of the ICE 287 (g) program and added text giving exclusive authority to the federal government will get rid of the Sheriff Joe Arpaio problem we have in Arizona along with other immigration profiling incidents.

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Why must any Hispanic applicant for U.S. Citizenship or visa have to admit they broke any law on entering the United States. Where is the provision for the 5th amendment of the U.S. Constitution that protects self incrimination? Are Hispanic applicants to be designated as a subservient class?

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Guarantee all state and local immigration laws come to an end and the only law in the land be the new Immigration Reform Act.

 

Hispanic News Endorses:

 

America’s Immigration Problem Can Be Solved