Category Archives: immigration

The Potential Deportation of Khalil

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Mahmoud Khalil is the Columbia University Hamas terrorist- and Palestinian-supporter currently in ICE custody in Louisiana with a view to formally revoking his student visa and green card and deporting him. Matthew Hennesey, in his Wednesday Wall Street Journal op-ed, is mostly correct in his piece regarding Khalil and others of his ilk who come to our nation ostensibly to better their own lot but in actuality to push their hatred of America and try to damage us from within.

However, he had this in his piece’s endgame:

With all that in mind, what’s the big rush [to deport Khalil]? The man’s wife is evidently eight months pregnant.

This is utterly irrelevant. The woman knew what she was doing when she married him, and she married him entirely voluntarily. She also can freely choose to go with her husband, if he winds up being deported. If she (equally freely) chooses to stay, there are a number of American agencies—governmental, non-governmental, charity—that provide support for single perinatal women and single mothers with babies (and older children) to care for.

The Jewish students whom Khalil so broadly and deeply harmed with the pro-terrorist “protests” he helped organize—group actions that prevented them from getting to their classes, overtly threatened them, seized and vandalized buildings with Nazi-oriented graffiti specifically targeted at them—had no choice in the matter. The Jewish students were carefully targeted, and separately as the Columbia management team still is demonstrating, those students have no support facilities.

I Have Questions

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Bojan Pancevski, in his piece in Saturday’s Wall Street Journal, thinks a researcher has identified the origins of half of humanity:

For about half the people alive today, the story of where they came from just became clearer.
…
For centuries, historians and linguists have been searching for the cradle of the Indo-Europeans, an ancient people who shaped history and created the world’s largest language family, now spoken by over 40% of humanity. Now research led by David Reich, a geneticist at Harvard Medical School who specializes in the study of ancient populations, is making it possible to give a precise answer.

Maybe not so precise.

DNA detectives, including at Reich’s lab, analyzed DNA samples from the remains of around 450 prehistoric individuals taken from 100 sites in Europe, as well as data from 1,000 previously known ancient samples. In two papers published in the scientific journal Nature last month, the researchers combine genetic evidence with archaeology and linguistics to argue that sometime before 3000 BC, a previously unknown people migrated from the Volga River to the Ukrainian steppe north of the Black Sea, where they mixed with a local population and formed the Yamnaya.

All of that, though, only begs a number of questions.

Who were those previously unknown people?

Where did they come from before the Volga?

Why did they migrate?

Who were the local population people?

Where had they come from?

What were the climate pressures then?

Pushing the origins answer back in time is useful and important, but these data don’t provide data for the origins of half of humanity.

Busting a Human Trafficking Ring

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Federal agents busted up a Guatemalan gang that had trafficked 20,000 illegal aliens into the US from Guatemala since 2019, at 15-18 stacks per illegal. In downtown Los Angeles,

Federal agents arrested two Guatemalan men on Friday accused of operating one of the largest human smuggling operations in the United States.

Acting US Attorney Joseph McNally:

These smuggling organizations have no regard for human life and their conduct kills. The indictment and arrests here have dismantled one of the country’s largest and most dangerous smuggling organizations.

Notice that: Federal agents got this done, not Sanctuary State agents. This is the governor who wants to be President.

Birthright Citizenship for Children of Illegally Imported Slaves

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Jason Riley, Upward Mobility columnist for The Wall Street Journal, in his op-ed last Wednesday has hung his hat on the universality of birthright citizenship on the citizenship granted the children of slaves who were illegally imported, and so as persons were present illegally. In support, he cited the 14th Amendment’s All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States clause and noted, correctly IMNSHO, the centrality of that subject to the jurisdiction thereof phrase to the hook for his hat.

Riley’s claim vis-à-vis those illegally imported slaves’ children is this:

Although the US banned the importation of slaves in 1808, an illegal international slave trade continued for decades. ….
According to the legal scholar Gerald Neuman, by the time the 14th Amendment was ratified, there were tens of thousands of black people in the US who had been brought here illegally. Naturally, some of them later bore children. It thus would seem that for authors of the Citizenship Clause, “subject to the jurisdiction thereof” included the children of parents in the country without authorization.

Therein lies the failure of Riley’s argument. The Trump administration’s argument—and one I’ve made in these pages—is that illegal aliens and birth tourism mothers are not subject to our nation’s jurisdiction because, in the first instance, they’ve placed themselves outside our jurisdiction from the beginning by entering our nation illegally—in direct and deliberate contravention of our jurisdiction’s laws—and in the second instance, withholding themselves from our jurisdiction however legally they may have entered because they have no intention of staying or in any way breaking the bonds of their loyalty, citizenship, or still-accepted jurisdiction of their home nation.

Those illegally imported slaves, on the other hand, on their emancipation actively and consciously accepted the jurisdiction of our nation and our nation’s laws. They accepted and sought American citizenship, whether before or after their children were born.

On Birthright Citizenship

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William Galston, in his Wall Street Journal op-ed insists that President Donald Trump’s (R) Executive Order regarding birthright citizenship—which says that children born to illegal aliens or birth-tourism mothers are not ipso facto entitled to American citizenship—is unconstitutional. Galston correctly hangs his argument on the 14th Amendment’s first clause phrase subject to the jurisdiction thereof (of the United States). He’s also correct in that some case law could serve as impediments to enforcing Trump’s EO and that some Supreme Court precedential rulings that touch on birthright citizenship also could so serve.

Here’s the importance of that phrase, albeit it’s an importance that Galston and others objecting to the EO completely miss. Illegal aliens have held themselves outside our legal jurisdiction from the very beginning—their illegal entry into our nation in violation of the laws, the jurisdiction, of our nation—and they continue to hold themselves outside our jurisdiction by their continued status as illegal aliens.

A similar case applies to those birth-tourism mothers. They have no intention whatsoever of remaining—legally—and so submitting themselves to our nation’s jurisdiction. They have every intention of remaining citizens, subject to the jurisdiction, of their home nation.

Because these two groups refuse our nation’s jurisdiction, birthright citizenship can never, legitimately, apply to their children for all the accident (deliberate or not) of the geography of their birth.

Here is an instance where the over-sanctification of precedent could be corrected in the specific instance: overturn the wrongly decided case law and correct those past Supreme Court precedents. Recognize via Court ruling the plain, obvious, and rational meaning of the 14th Amendment’s phrase. That’s a requirement the Supreme Court has emplaced a number of times.