Two Short Steps

The IRS has moved to cancel its “experimental” Direct File program. This is the Progressive-Democratic Party’s…exceedingly pleasurable fantasy…of the IRS online platform that lets filers prepare their taxes for free and submit them through the state.

Aside from the program’s cost ($138 per tax return, which is more than many tax software sellers charge) the editors of The Wall Street Journal noted,

The bigger problem with the program is its threat to the norm of taxpayer autonomy. The push to cut out the tax “middle man,” meaning private services, would have resulted in millions of filers letting the IRS make both the first and final determination of their tax liability and connect to their checking accounts.

Notice that: the IRS gets to connect to our private checking accounts. With Direct File, that’s a deeper connection than simply allowing the IRS to direct deposit a refund. With Direct File, the IRS has been able to extract the tax due from a tax payer’s bank account.

With the cancelation of Direct File, us tax payers, us average Americans, avoided a two-step sequence of events. The first step would have been making Direct File no longer a trial being tested in 24 of our nation’s States, but instead rolling it out nation-wide.

The second step would have been mandating Direct File for all of us.

It wouldn’t have stopped there, though. It wouldn’t be even a short step, more like a small shuffle, after that to alter Direct File to have employers “Direct File” all employees’ pay checks to the IRS instead of sending them to the employees. With that, the IRS would extract the taxes it deemed appropriate and remit to the putative employee the remainder—the amount the IRS would deem appropriate for each tax payer to have.

We dodged a terrible pas-de-deux—that dance for the two performers of tax payer and Government—for the time being, but the Progressive-Democratic Party will return to power eventually, and dangerously sooner than us average Americans want.

Regarding Illegal Aliens Applying for Asylum

The Supreme Court has agreed to hear a case involving the Trump administration’s limitation on illegal aliens’ ability to apply for asylum. The case, Noem v Al Otro Lado, centers on the meaning of “arrival in the United States” within the meaning of federal immigration law: does an alien “arrive” on meeting with immigration officers when the meeting occurs on the Mexican side with no actual entry into the US.

This should be an open-and-shut case. Here’s what 8 US Code § 1158 – Asylum, paragraph (a)(1) says on the matter:

Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section or, where applicable, section 1225(b) of this title.

That’s clear. Present in the United States and brought to the United States means inside—being within the borders of—the United States. Nothing more, nothing less. In particular, this statute makes clear that “on the Mexican side” plainly is not inside the United States (to say nothing of the affront to Mexican sovereignty if “on the Mexican side” were taken to mean inside the US.

Section 1225(b) only specifies the process for granting or denying asylum, but this is what its paragraph (a)(1) says that’s relevant to Otro Lado:

An alien present in the United States who has not been admitted or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters) shall be deemed for purposes of this chapter an applicant for admission.

This is, in its essence, a repeat of the Asylum paragraph above. In the United States explicitly excludes being still on the Mexican side of the border. An alien, illegal or otherwise, must be on the US side of the border—within the US—before he can apply for asylum

Full stop.

The obvious alternative, though, should the Court rule wrongly on this, is to withdraw all US immigration officers from the Mexican side of the border.