Category Archives: Illegal Immigration

14th Amendment Does Not Give Birthright Citizenship

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It is about time that this matter gets full attention and debate.
The most important word is but 2 letters: We the People OF meaning loyalty, honor and duty.

He unabashedly wades into politically dangerous territory and yet continues to be rewarded by favorable poll results. He has clearly tapped into a reserve of public resentment for inside-the-Beltway politics. How far this resentment will carry him is anyone’s guess, but the Republican establishment is worried. His latest proposal to end birthright citizenship has set off alarm bells in the Republican party.

The leadership worries that Trump will derail the party’s plans to appeal to the Latino vote. Establishment Republicans believe that the future of the party depends on being able to capture a larger share of this rapidly expanding electorate. Trump’s plan, however, may appeal to the most rapidly expanding electorate, senior citizens, and may have an even greater appeal to the millions of Republicans who stayed away from the polls in 2012 as well as the ethnic and blue-collar Democrats who crossed party lines to vote Republican in the congressional elections of 2014. All of these voters outnumber any increase in the Latino vote that Republicans could possibly hope to gain from a population that has consistently voted Democratic by a two-thirds majority and shows little inclination to change.

And Nothing Odd About Supporting Such a Reading Critics say that Trump’s plan is unrealistic, that it would require a constitutional amendment because the 14th Amendment mandates birthright citizenship and that the Supreme Court has upheld this requirement ever since its passage in 1868. The critics are wrong. A correct understanding of the intent of the framers of the 14th Amendment and legislation passed by Congress in the late 19th century and in 1923 extending citizenship to American Indians provide ample proof that Congress has constitutional power to define who is within the “jurisdiction of the United States” and therefore eligible for citizenship. Simple legislation passed by Congress and signed by the president would be constitutional under the 14th Amendment.

Birthright citizenship is the policy whereby the children of illegal aliens born within the geographical limits of the U.S. are entitled to American citizenship — and, as Trump says, it is a great magnet for illegal immigration. Many of Trump’s critics believe that this policy is an explicit command of the Constitution, consistent with the British common-law system. This is simply not true. Congress has constitutional power to define who is within the “jurisdiction of the United States” and therefore eligible for citizenship. Although the Constitution of 1787 mentioned citizens, it did not define citizenship. It was in 1868 that a definition of citizenship entered the Constitution with the ratification of the 14th Amendment. Here is the familiar language: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” Thus there are two components to American citizenship: birth or naturalization in the U.S. and being subject to the jurisdiction of the U.S.

Today, we somehow have come to believe that anyone born within the geographical limits of the U.S. is automatically subject to its jurisdiction; but this renders the jurisdiction clause utterly superfluous. If this had been the intention of the framers of the 14th Amendment, presumably they would have said simply that all persons born or naturalized in the U.S. are thereby citizens.

Indeed, during debate over the amendment, Senator Jacob Howard, the author of the citizenship clause, attempted to assure skeptical colleagues that the language was not intended to make Indians citizens of the United States. Indians, Howard conceded, were born within the nation’s geographical limits, but he steadfastly maintained that they were not subject to its jurisdiction because they owed allegiance to their tribes and not to the U.S. Senator Lyman Trumbull, chairman of the Senate Judiciary Committee, supported this view, arguing that “subject to the jurisdiction thereof” meant “not owing allegiance to anybody else and being subject to the complete jurisdiction of the United States.”

Jurisdiction understood as allegiance, Senator Howard explained, excludes not only Indians but “persons born in the United States who are foreigners, aliens, [or] who belong to the families of ambassadors or foreign ministers.” Thus, “subject to the jurisdiction” does not simply mean, as is commonly thought today, subject to American laws or courts. It means owing exclusive political allegiance to the U.S. Furthermore, there has never been an explicit holding by the Supreme Court that the children of illegal aliens are automatically accorded birthright citizenship. In the case of Wong Kim Ark (1898) the Court ruled that a child born in the U.S. of legal aliens was entitled to “birthright citizenship” under the 14th Amendment. This was a 5–4 opinion which provoked the dissent of Chief Justice Melville Fuller, who argued that, contrary to the reasoning of the majority’s holding, the 14th Amendment did not in fact adopt the common-law understanding of birthright citizenship.
The framers of the Constitution were, of course, well-versed in the British common law, having learned its essential principles from William Blackstone’s Commentaries on the Laws of England. As such, they knew that the very concept of citizenship was unknown in British common law. Blackstone speaks only of “birthright subjectship” or “birthright allegiance,” never using the terms “citizen” or “citizenship.” The idea of birthright subjectship, as Blackstone admitted, was derived from feudal law. It is the relation of master and servant: All who are born within the protection of the king owed perpetual allegiance as a “debt of gratitude.” According to Blackstone, this debt is “intrinsic” and “cannot be forfeited, cancelled, or altered.” Birthright subjectship under common law is the doctrine of perpetual allegiance. America’s Founders rejected this doctrine. The Declaration of Independence, after all, solemnly proclaims that “the good People of these Colonies . . . are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved.” So, the common law — the feudal doctrine of perpetual allegiance — could not possibly serve as the ground of American citizenship. Indeed, the idea is too preposterous to entertain.
For All GOP Candidates Consider as well that, in 1868, Congress passed the Expatriation Act. This permitted American citizens to renounce their allegiance and alienate their citizenship. This piece of legislation was supported by Senator Howard and other leading architects of the 14th Amendment, and characterized the right of expatriation as “a natural and inherent right of all people, indispensable to the enjoyment of the right of life, liberty and the pursuit of happiness.” Like the idea of citizenship, this right of expatriation is wholly incompatible with the common-law understanding of perpetual allegiance and subjectship. One member of the House expressed the general sense of Congress when he proclaimed: “The old feudal doctrine stated by Blackstone and adopted as part of the common law of England . . . is not only at war with the theory of our institutions, but is equally at war with every principle of justice and of sound public policy.” The notion of birthright citizenship was characterized by another member as an “indefensible doctrine of indefeasible allegiance,” a feudal doctrine wholly at odds with republican government. Nor was this the only legislation concerning birthright citizenship that Congress passed following the ratification of the 14th Amendment. As mentioned above, there was almost unanimous agreement among its framers that the amendment did not extend citizenship to Indians. Although born in the U.S., they were not subject to the jurisdiction of the U.S. Beginning in 1870, however, Congress began to pass legislation offering citizenship to Indians on a tribe-by-tribe basis.
Finally, in 1923, there was a universal offer to all tribes. Any Indian who consented could become a citizen. Thus Congress used its legislative authority under Section Five of the 14th Amendment to determine who was within the jurisdiction of the U.S. It could make a similar determination today, based on this legislative precedent, that children born in the U.S. to illegal aliens are not subject to the jurisdiction of the United States. A constitutional amendment is no more required today than it was in 1923. A nation that cannot determine who becomes citizens or believes that it must allow the children of those who defy its laws to become citizens is no longer a sovereign nation. Legislation to end birthright citizenship has been circulating in Congress since the mid ’90s and such a bill is circulating in both houses today. It will, of course, not pass Congress, and if it did pass it would be vetoed. But if birthright citizenship becomes an election issue and a Republican is elected president, then who knows what the future might hold. It is difficult to imagine that the framers of the 14th Amendment intended to confer the boon of citizenship on the children of illegal aliens when they explicitly denied that boon to Indians who had been born in the United States. Those who defy the laws of the U.S. should not be allowed to confer such an advantage on their children. This would not be visiting the sins of the parents on the children, as is often claimed, since the children of illegal aliens born in the U.S. would not be denied anything to which they otherwise would have a right. Their allegiance should follow that of their parents during their minority. A nation that cannot determine who becomes citizens or believes that it must allow the children of those who defy its laws to become citizens is no longer a sovereign nation. No one is advocating that those who have been granted birthright citizenship be stripped of their citizenship. Equal protection considerations would counsel that citizenship once granted is vested and cannot be revoked; this, I believe, is eminently just. The proposal to end birthright citizenship is prospective only.
Political pundits believe that Trump should not press such divisive issues as immigration and citizenship. It is clear, however, that he has struck a popular chord — and touched an important issue that should be debated no matter how divisive. Both the Republican party and the Democratic party want to avoid the issue because, while both parties advocate some kind of reform, neither party has much interest in curbing illegal immigration: Republicans want cheap and exploitable labor and Democrats want future voters. Who will get the best of the bargain I will leave for others to decide.
*** For more reading and to see who are in this fight…
Further, Jeb Bush was actually correct too when it comes to the Chinese and their operation to gain birthright citizenship.

 

Democrats Say the Economy is Great, This Guy Knows

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Have you met Marc Lasry? You know the guy who is co-owner of the Milwaukee Bucks…

NO WONDER AMERICA IS IN TROUBLE: FRAUD, COLLUSION, CONSPIRACY and well read on….

He is a billionaire hedge fund manager and he was Chelsea Clinton’s old boss. Lasry’s daughter was married in 2013, she and her husband both worked as interns for Obama’s Chief of Staff, Rahm Emanuel. Further, he is a close friend and bundler for the Clintons, and Bill suggested that Obama name Lasry as Ambassador to France, but then that nomination came to a screeching halt. Why you ask?

Well there was a big bust at the Carlyle Hotel where poker games were arranged and often included people like Leonardo DiCaprio, Ben Affleck and even Matt Damon, but there was yet one other poker player, a Russian, of the Russian mafia that is.

Then Lasry is also tight with one of those old czars that Obama hired, Steve Rattner, he was the car czar, you remember ‘cash for clunkers’ and the auto bailouts? Yeah, that guy.

Anyway, this hedge fund and financial guru of Moroccan descent, says the economy is great and is rolling along being quite stable. What?

It is no wonder that Barack Obama never talks about the lack of jobs or the 18 trillion of debt. It appears both Lasry and Obama know nothing of the U.S. financial condition and perhaps even Treasury secretary Jack Lew and Federal Reserve Chairman both just keep the duck take applied to the unstableness.

Obama Mega-Donor, Clinton Foundation Donor: ‘The Economy is Fine’

FreeBeacon: Billionaire hedge fund co-owner Marc Lasry, a mega-donor to President Obama and the Clinton Foundation, says that the “economy is fine” after the Dow Jones industrial average tumbled 1,000 points in the first minutes of trading on Monday.

“What I have told investors is the economy is fine but now is a great time to be buying some things when they get hit,” Lasry told the New York Times. “Other people may be having issues. For us, that is an opportunity as opposed to a problem.”

Lasry, co-owner of the $13.9 billion hedge fund Avenue Capital Group, is one of President Obama’s top campaign bundlers.

Since 2008, Lasry has contributed $282,900 to Democratic candidates and committees, including $9,600 to Obama. He also raised more than $500,000 for Obama’s reelection.

Additionally, Lasry is listed as donating between $100,000 and $250,000 to the Bill, Hillary, and Chelsea Clinton Foundation.

Lasry has also held fundraisers for Hillary Clinton’s campaign. On May 13, Lasry held $2,700 per person fundraiser at his home in New York City. “I think she will best represent this country and do what’s right for everybody so therefore I will do whatever I can to help her,” he said.

The billionaire was also offered an ambassadorship to France by Obama but had to withdraw his name when FBI tapes linked him to a high-stakes poker ring tied to Russian mobsters.

In case you want to know more about that Russian mafia thing…

The FBI Busted A Russian Gambling Ring That Catered To Wall Streeters, Oligarchs, And Hollywood Stars

More than thirty people were charged by federal authorities in a massive illegal gambling, money laundering, and extortion scheme tied to Russian organized crime, according to an indictment in the U.S. District Court Southern District of New York.

The operation allegedly involved two criminal organizations, Nahmad-Trincher (based in Los Angeles and NYC), which catered to millionaires, billionaires and poker pros, and Taiwanchik-Trincher (based in Kiev, NYC, and Moscow), which serviced oligarchs from Russia and the former Soviet Union.

According the indictment, these groups had operations spanning across continents with defendants located in Los Angeles, Russia, New York and the former Soviet Union, bank accounts in Switzerland, holding companies in Cyprus and the United States, and a gambling website in Taiwan.

The characters in the drama include the son of a billionaire art dealer, a Bronx plumber, a JPMorgan branch manager, a real estate firm in New York, a car repair shop in Brooklyn, and a Russian man charged with allegedly bid-rigging the Salt Lake City 2002 Olympic Games, etc.

Basically, this goes deep.

The Taiwanchik-Trincher Organization, which the indictment identifies as an “international organized crime group with leadership based in New York City, Kiev, and Moscow,” was allegedly led by Alimzhan Tokhtakhounov (a.k.a. “Alik”), Vadim Trincher (a.k.a. “Dima”), and Anatoly Golubchick (a.k.a. “Tony”), the indictment said. They are all named as defendants.

You might recognize the name Tokhatkhounov. He was the guy charged with allegedly bribing officials at the 2002 Winter Olympic Games in Salt Lake City, according to the indictment.

Based in Russia, Tokhatkhounov was allegedly referred to as “Vor,” which is defined as a Russian term meaning “Thief-in-Law.”

It’s basically like a version of the “Godfather,” and is a moniker bestowed on the highest-level criminal figures from the former Soviet Union. According to the indictment, a “Vor” gets tribute from other criminals, offers protection, and uses “their authority to resolve disputes among criminals.”

Tokhatkhounov’s group allegedly ran an illegal gambling business, money laundering, extortion, and other criminal operations. The crux of their business, however, was a series of high-stakes poker games and gambling activities frequented by oligarchs.

Nahmad-Trincher, based in Los Angeles and NYC, was structured in much the same way, but catered to Wall Streeters, pro athletes, and Hollywood stars, The New York Times reported.

No famous figures were named specifically in the indictment.

Names or not, we’re talking big money here — like $50 million running through Cypriot and American shell companies, or $499,800 sent to a bank account in Taiwan owned by an illegal gambling website operating in the United States, or $850,000 moving from a Swiss bank account to a U.S. bank account under the control of Noah “The Oracle” Seigel.

To hide all these transactions, says the complaint, the Trincher groups relied on a sophisticated money laundering operation. Not only did they run money through a Brooklyn car garage, a real estate company, and an online used car dealership, but they also used a JP Morgan branch manager in NYC named Ronald Uy.

Uy, who was named as a defendant, allegedly assisted “in structuring several transactions at the Bank designed in part to avoid generating currency transaction reports,” according to the indictment.

Of course, gambling doesn’t work out for everyone all the time. When one client wins, another one must lose. Losers playing in the Trincher group’s high stakes games could, according to the Feds, expect violence or at least threats of it.

In one case,” Nahmad-Trincher allegedly took control of 50% of “Client-3’s” Bronx-based plumbing business when he racked up $2 million in gambling debt.

There were several arrests made today in New York, Los Angeles, Miami and other places, according to the New York Post.

Earlier this morning, the FBI raided Helly Nahmad Art Gallery at the swanky Carlyle Hotel in Manhattan’s Upper East Side. The Feds were looking for Helly Nahmad, the son of billionaire art baron David Nahmad.

 

 

Review This 45 Item List from 1963

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Chilling and a real conversation starter, most provocative.

Communist Goals (1963)
Documention below
Congressional Record–Appendix, pp. A34-A35
January 10, 1963

Current Communist Goals

EXTENSION OF REMARKS OF HON. A. S. HERLONG, JR. OF FLORIDA

IN THE HOUSE OF REPRESENTATIVES

Thursday, January 10, 1963

Mr. HERLONG. Mr. Speaker, Mrs. Patricia Nordman of De Land, Fla., is an ardent and articulate opponent of communism, and until recently published the De Land Courier, which she dedicated to the purpose of alerting the public to the dangers of communism in America.

At Mrs. Nordman’s request, I include in the RECORD, under unanimous consent, the following “Current Communist Goals,” which she identifies as an excerpt from “The Naked Communist,” by Cleon Skousen:

[From “The Naked Communist,” by Cleon Skousen]

CURRENT COMMUNIST GOALS

1. U.S. acceptance of coexistence as the only alternative to atomic war.

2. U.S. willingness to capitulate in preference to engaging in atomic war.

3. Develop the illusion that total disarmament [by] the United States would be a demonstration of moral strength.

4. Permit free trade between all nations regardless of Communist affiliation and regardless of whether or not items could be used for war.

5. Extension of long-term loans to Russia and Soviet satellites.

6. Provide American aid to all nations regardless of Communist domination.

7. Grant recognition of Red China. Admission of Red China to the U.N.

8. Set up East and West Germany as separate states in spite of Khrushchev’s promise in 1955 to settle the German question by free elections under supervision of the U.N.

9. Prolong the conferences to ban atomic tests because the United States has agreed to suspend tests as long as negotiations are in progress.

10. Allow all Soviet satellites individual representation in the U.N.

11. Promote the U.N. as the only hope for mankind. If its charter is rewritten, demand that it be set up as a one-world government with its own independent armed forces. (Some Communist leaders believe the world can be taken over as easily by the U.N. as by Moscow. Sometimes these two centers compete with each other as they are now doing in the Congo.)

12. Resist any attempt to outlaw the Communist Party.

13. Do away with all loyalty oaths.

14. Continue giving Russia access to the U.S. Patent Office.

15. Capture one or both of the political parties in the United States.

16. Use technical decisions of the courts to weaken basic American institutions by claiming their activities violate civil rights.

17. Get control of the schools. Use them as transmission belts for socialism and current Communist propaganda. Soften the curriculum. Get control of teachers’ associations. Put the party line in textbooks.

18. Gain control of all student newspapers.

19. Use student riots to foment public protests against programs or organizations which are under Communist attack.

20. Infiltrate the press. Get control of book-review assignments, editorial writing, policymaking positions.

21. Gain control of key positions in radio, TV, and motion pictures.

22. Continue discrediting American culture by degrading all forms of artistic expression. An American Communist cell was told to “eliminate all good sculpture from parks and buildings, substitute shapeless, awkward and meaningless forms.”

23. Control art critics and directors of art museums. “Our plan is to promote ugliness, repulsive, meaningless art.”

24. Eliminate all laws governing obscenity by calling them “censorship” and a violation of free speech and free press.

25. Break down cultural standards of morality by promoting pornography and obscenity in books, magazines, motion pictures, radio, and TV.

26. Present homosexuality, degeneracy and promiscuity as “normal, natural, healthy.”

27. Infiltrate the churches and replace revealed religion with “social” religion. Discredit the Bible and emphasize the need for intellectual maturity which does not need a “religious crutch.”

28. Eliminate prayer or any phase of religious expression in the schools on the ground that it violates the principle of “separation of church and state.”

29. Discredit the American Constitution by calling it inadequate, old-fashioned, out of step with modern needs, a hindrance to cooperation between nations on a worldwide basis.

30. Discredit the American Founding Fathers. Present them as selfish aristocrats who had no concern for the “common man.”

31. Belittle all forms of American culture and discourage the teaching of American history on the ground that it was only a minor part of the “big picture.” Give more emphasis to Russian history since the Communists took over.

32. Support any socialist movement to give centralized control over any part of the culture–education, social agencies, welfare programs, mental health clinics, etc.

33. Eliminate all laws or procedures which interfere with the operation of the Communist apparatus.

34. Eliminate the House Committee on Un-American Activities.

35. Discredit and eventually dismantle the FBI.

36. Infiltrate and gain control of more unions.

37. Infiltrate and gain control of big business.

38. Transfer some of the powers of arrest from the police to social agencies. Treat all behavioral problems as psychiatric disorders which no one but psychiatrists can understand [or treat].

39. Dominate the psychiatric profession and use mental health laws as a means of gaining coercive control over those who oppose Communist goals.

40. Discredit the family as an institution. Encourage promiscuity and easy divorce.

41. Emphasize the need to raise children away from the negative influence of parents. Attribute prejudices, mental blocks and retarding of children to suppressive influence of parents.

42. Create the impression that violence and insurrection are legitimate aspects of the American tradition; that students and special-interest groups should rise up and use [“]united force[“] to solve economic, political or social problems.

43. Overthrow all colonial governments before native populations are ready for self-government.

44. Internationalize the Panama Canal.

45. Repeal the Connally reservation so the United States cannot prevent the World Court from seizing jurisdiction [over domestic problems. Give the World Court jurisdiction] over nations and individuals alike.

Note by Webmaster: The Congressional Record back this far has not be digitized and posted on the Internet.

It will probably be available at your nearest library that is a federal repository. Call them and ask them.

Your college library is probably a repository. This is an excellent source of government records.

Another source are your Congress Critters. They should be more than happy to help you in this matter.

You will find the Ten Planks of the Communist Manifesto interesting at this point.

Click here to see them listed with brain-challenging comments.

Documentation

Webmaster Forest Glen Durland found the document in the library.
Sources are listed below.
The quote starts on page 259.
Microfilm:

California State University at San Jose
Clark Library, Government Floor
Phone (408)924-2770
Microfilm
Call Number:
J
11
.R5
Congressional Record, Vol. 109
88th Congress, 1st Session
Appendix Pages A1-A2842
Jan. 9-May 7, 1963
Reel 12
The book was found in the off campus stacks, was ordered and checked. The quote below was checked against the original and is correct. The few errors in the copy from the Congressional Record are shown in [ ] .
The quote starts on page 259.

California State University at San Jose, Clark Library stacks call number:
Naked Communist
HX
56
S55

Book title page:
Skousen, W. Cleon. Naked Communist
Salt Lake City, Utah: Ensign Publishing Co.
C. 1961 , 9th edition July 1961.

Sue Compete America, a Good Place to Start

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Imagine your own government working against it’s own citizens. Now as you read on, listen for what all politicians have to say on the matter of college educations, employment and then immigration.

Pursuit of Happiness for who exactly, worse U.S. students cannot even get a seat in a college class as foreign students have them.

Compete America posts their principles on their website. The page is titled “Compete America’s 2011 Principles for U.S. Job Creation, Innovation and Economic Growth Through Employment-based Visa Reform”, so admittedly this demonstrates the efforts against U.S. citizens. Want to know what companies participate and are members? Click here and you will see corporations you know well like Boeing, Microsoft, Coca~Cola, and even the U.S. Chamber of Commerce.

                                            

Okay now read on to learn how bad this is and what questions and actions we need to take.

NationalReview: American technology workers won a big victory in the federal courts this month. The D.C. District Court ruled that a STEM-related visa program created by the Department of Homeland Security was potentially damaging to the domestic labor market and also in violation of federal rule-making procedure. For the plaintiffs in the case, the Washington Alliance of Technology Workers, however, the fight against BigTech lobbyists and Homeland Security has only just begun. DHS’s so-called Optional Practical Training (OPT) program allows foreign nationals to live and work in the U.S. on a student visa even after graduation. In a rule promulgated by DHS in 2008, foreigners graduating in a STEM field at a U.S. school had these authorizations extended to nearly two and a half years after their graduation. U.S. employers love this because, on top of the longer work period, they have a greater chance to transition them into the H-1B program, a “professional specialty worker” visa that can last up to an additional six years. Also, employers receive a tax benefit for hiring OPT participants over Americans, as they do not have to pay Medicare and Social Security taxes for aliens on student visas.
Plaintiffs’ counsel, the Immigration Reform Law Institute (which I work for), argued in court that the OPT extension, created not by statute but entirely by DHS, was really just a way to circumvent the existing H-1B cap of 65,000 annual visa grants set down by Congress years before.
Helpfully for us, DHS had already admitted that this was the purpose for the extension. As it explained in the agency rule creating the extension, “the H-1B category is greatly oversubscribed,” which, as a result, has “adversely affected the ability of US employers to recruit and retain skilled workers.” With the H-1B cap having been held up by Congress over the last few years, DHS did the next best thing. As H-1B guru Norm Matloff describes in a blog post discussing our case, the agency simply went ahead and created “a de facto expansion of H-1B.”
Let me digress for a moment on the H-1B lottery and the “oversubscription” issue. Unlike other visas, the fees for H-1B applications are refundable; there is no penalty for oversubscribing. As a consequence, heavy H-1B users, such as the outsourcing firms that supply BigTech companies as well as BigTech companies themselves, always apply for more visas than they really want in order to get close to their target. David North at the Center for Immigration Studies explains the process here. So when you hear in the press and elsewhere that “petitions have outstripped slots yet again by two-to-one,” the numbers are merely a reflection of companies’ trying to game the lottery system.
As Matloff explains, OPT is “just as harmful as H-1B.” The two programs are now similar in size, and the benefits to BigTech are also similar. Like H-1B holders, OPTs are younger than most American technology workers, and therefore cheaper. Citing the “prevailing wage” rules that technically exist for H-1Bs, Matloff notes that “the legal wage floors for H-1Bs depend on experience” (the worker’s age, in other words), “so hiring young H-1Bs in lieu of older Americans is legal.” As he says with cases such as SoCal Edison and Disney, “age was the key factor underlying the wage savings accrued by hiring H-1Bs.” See this link for information on a similar suit against Google based on age discrimination (which the company has since settled).
In the case of OPTs, however, this “wage floor” isn’t even available; being recent graduates, they’re all young (and cheap). Further, OPT participants are even cheaper to employ because, as stated earlier, aliens on student visas are exempted from Social Security and Medicare.
Fundamentally, the OPT program, like H-1B, allows BigTech firms to flood the labor market, creating artificial competition and pressuring the standard of living we’ve earned through decades of hard-fought democratic and labor reforms. The cost savings, meanwhile, get siphoned up by private technology firms, many of which grew out of taxpayer-funded military programs. Thankfully, much of this wasn’t lost on the judge. DHS had asserted that our plaintiffs didn’t have standing to sue because (a) they couldn’t prove an OPT participant actually took one of their jobs (an impossible and unfair demand) and, in the alternative, (b) the plaintiffs were currently employed and so couldn’t show any injury — all are employed, mostly in contract positions. The judge knocked down both arguments by pointing out that “an influx of OPT computer programmers would increase the labor supply, which is likely to depress plaintiff’s members’ wages and threaten their job security, even if they remain employed” (emphasis added).
More concrete evidence was also offered. Plaintiffs showed examples of job advertisements where only OPT participants were requested to apply. As Matloff likes to note, these companies are not just using H-1Bs and OPT participants to replace American workers, as in the SoCal Edison and Disney cases; they’re also hiring them instead of American workers. And many times, it isn’t “highly skilled” types that are being imported but simply “ordinary people, doing ordinary work.” The benefits of circumventing the H-1B program are apparently big. Arguing that DHS’s chosen 29-month extension period was an arbitrary and therefore invalid decision, plaintiffs showed the court that industry lobbyists CompeteAmerica, lobbyists from Microsoft and the Chamber of Commerce, and others had all been in contact with DHS requesting the same 29-month extension. And showing just how eager it was to comply, DHS implemented the rule without going through the statutorily mandated notice-and-comment period, a window of time in which the public can criticize agency action.
DHS tried to argue in court that skipping the process was necessitated by a looming “fiscal emergency” in the U.S. economy that could be ameliorated only by letting “tens of thousands of OPT workers” join the tech industry. Whose economic analysis did DHS cite to back this up? Studies from the technology industry itself. Ultimately, although the court knocked down the OPT extension on procedural grounds, the victory is only temporary. DHS can open up the rule to notice-and-comment and try again.
Further, the judge rejected our argument that the program violates the law on other, more substantive (and less procedural) grounds. According to congressionally made statute (Immigration and Naturalization Act § 1101(a)(15)(F)(i)), student visas cannot be allocated for working purposes and may be allocated only to “bona fide students . . . solely for the purpose of pursuing such a course of study . . . at an established . . . academic institution” (emphasis added). But again, OPT, entirely a DHS creation, purports to let student-visa holders join the workforce. By ignoring the stipulations of Congress, the program exceeds DHS’s statutory authority.
By giving DHS the authority to redefine what a “student” is, the court is allowing the agency to set the duration and conditions of a student’s stay, potentially letting them occupy the labor market for years upon years. Good for the foreign “student,” good for the trillion-dollar

tech industry, but bad for the American worker. — Ian Smith is an attorney who works for the Immigration Reform Law Institute.

Oh Look, an Illegal Immigrant Summer Camp

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As written on this blog that we must watch Germany when it comes to protests over immigration, it appears that things are spooling that activism here in America is in our future.

Who would imagine summer camp involves teaching activism and we are to accept this as a good thing?

This summer camp just churned out 80 activists

LATimes: Growing up in wealthy Marin County, Yaqueline Rodas didn’t know many people like herself: a young immigrant from Guatemala in the country without legal status. She knew even fewer political activists.

So it was with amazement and a little anxiety that she found herself standing one morning in June in a circle with 82 strangers, each of whom had also been brought to the U.S. illegally as a child, and each of whom was now officially an activist-in-training.

It was the first day of Dream Summer, an annual program that brings young immigrants from across the country to Los Angeles for a 10-week crash course designed to produce the next generation of immigrant rights leaders.

As the students sipped coffee and exchanged shy introductions in a meeting room in the basement of a Koreatown church, Kent Wong, director of the UCLA Labor Center, which organized the program, explained the objective.

“It is to build a powerful social justice movement that will transform this country,” Wong said. He cracked a smile: “No pressure.”

Dream Summer, which concluded its fifth year Thursday with a graduation ceremony in downtown Los Angeles, has already changed the immigrant rights movement. Its alumni include many leading “Dreamer” advocates, including several who led the push for President Obama’s Deferred Action for Childhood Arrivals program. (DACA, as it is known, granted temporary deportation protection to more than half a million young immigrants brought to the U.S. as children.)

The program includes two weeks of workshops in Los Angeles on topics as varied as public speaking, the immigrant detention system and the history of the NAACP. Participants also spend eight weeks in internships at social justice organizations around the country.

The idea is for them to learn what has worked for other social movements. But the program’s biggest value, those involved say, may be the connections forged by young immigrants from different regions with similar backgrounds, similar frustrations and similar dreams.

“Look around the room,” Wong urged the students that first day in June. “Now you’re a part of a whole network, a whole community.”

Rodas, who applied for the program on a whim after a classmate at UC Santa Barbara recommended it, said the summer had changed her sense of place in the world.

It helped her realize that there were others like her who had experienced discrimination, and who also were bothered by their parents’ struggle to find well-paying work. And it helped her find a purpose.

“Now I know I want to do something to help my community,” said Rodas, who spent the summer helping immigrants without legal status sign up for health insurance.

Chando Kem, 21, spent the first few days of the program commuting from his home in Long Beach. But soon he was spending nights on the floor of the hotel rooms of the out-of-town participants to maximize the time with his new colleagues.

During his internship, at the Filipino Migrant Center in Long Beach, Kem was asked to produce video testimonials featuring immigrants who had experienced wage theft. During the process, he realized that he should interview his own father for the film.

When his family arrived from Cambodia, when Kem was 7, his dad worked at a Chinese restaurant where he was underpaid and denied proper lunch breaks, Kem said. “Before I thought, ‘OK, this is the way things are,'” he said. “Now it’s like no, that’s wrong.”

The organizers of Dream Summer say it was born out of failure and frustration.

They started the program in 2011 after Congress failed to pass the federal Dream Act, which would have given people who came to the United States before the age of 16 a pathway to citizenship. Opponents said it would have rewarded immigrants who broke the law.

That year, several of the program’s young participants were placed with campaigns working on behalf of the California Dream Act. It passed later that year, allowing youth to apply for state financial aid at universities.

Other Dream Summer alumni would go on to lead efforts against Arizona Sheriff Joe Arpaio, known for controversial policies targeting immigrants in the country illegally, and to take on Obama’s deportation record. One graduate, Lorella Praeli, is now Latino outreach director for Democratic hopeful Hillary Rodham Clinton’s presidential campaign.

The program is not only for new activists.

At 33, Paulo Jara-Riveros was one of the oldest participants this summer. Brought to the U.S. from Peru at age 15, he returned to Peru to pursue his studies in 2011.

Two years later, Jara-Riveros was a part of a major protest in which two dozen young people with long ties to the U.S. surrendered to federal authorities at the Texas-Mexico border to protest American immigration policies. Jara-Riveros, a transgender man who says he faced discrimination in Peru, has applied for asylum and is waiting for a ruling in his case.

This summer he worked for a health organization that serves transgender immigrants. The experience was emotionally trying, he said. His takeaway: Activists must also tend to their own needs.

“Sometimes when you’re working in activism you get caught up in the work and you forget to take care of yourselves,” he said.

For Miguel Bibanco, a 20-year-old from Fresno, the program was not just about changing immigration policy. It was also about modeling an ideal society. He pointed to workshops that highlighted the experiences of minorities within the immigrant community, including lesbians, gays and transgender people and immigrants from Asia.

“It’s not just Latinos,” Bibanco said. “If we want a society that is inclusive, we need to start by including them in the activism process.”

On Thursday, he and Rodas snacked on taquitos and quesadillas at the program’s graduation ceremony, held at the Mexican American Legal Defense and Educational Fund.

As the participants posed for pictures with their diplomas, they heard from Los Angeles City Councilman Gil Cedillo, who wrote the California Dream Act while he was a state assemblyman.

Cedillo evoked the heated rhetoric nationally around immigration. This summer, Republican presidential front-runner Donald Trump has ratcheted up his crusade against illegal immigration, calling this month for a revocation of the constitutional amendment that guarantees citizenship to those born in the U.S.

“We’re being vilified,” said Cedillo, who called this “one of the most critical times in our country.”

He told the participants in the program that they were model members of the community. They were “hopeful, not hateful,” he said, “optimistic, not pessimistic.”

“Thank you,” he said. “You’ve shown up.”