Another Argument for the UK to Leave the EU

Under EU law, governments have some leeway in limiting access to welfare, but in most circumstances can’t discriminate between their own nationals and those of another EU country.

But those rude Brits disagree. They want to make scarce resources preferentially available to British citizens. How terrible is that? The British government, for instance, requires those who apply for child welfare payments actually to live in the UK and to do so legally.

And this effrontery:

The British government justifies this condition “to prevent a burden on the welfare system.”

Never mind that the Brits have no requirement to justify to foreign jurisdictions how they spend their resources. But it doesn’t matter:

…Mr [Michael, the European Commission’s lawyer in this matter] Wilderspin retorted that “an increase in the financial burden cannot justify a failure to comply with EU law.”

Pay up, Sucker. It doesn’t matter if you haven’t the money, or have other uses for what you do have. Your [dare I say it?] Betters Know Better.

Time to leave guys. The EU has gotten arrogantly dysfunctional.

Europe’s Immigration Problem

A European Union proposal to resettle tens of thousands of refugees from Syria and Eritrea across Europe met with strong resistance from some governments, raising doubt about its prospects.

At the same time, another EU plan for dealing with its refugee crisis—a naval operation in the Mediterranean Sea to destroy the vessels that smuggling gangs use to transport migrants—came in for criticism from United Nations Secretary-General Ban Ki-moon.

Never mind that both of these approaches are counterproductive, although not in the way that “some government” or Ban seem to think.

Rewarding these refugees for fleeing, desperate though their plight might be, does exactly nothing to solve their problem—or the problem of their fellows and future refugees in northern Africa. Instead, it only allows the problem to grow worse, and it makes the growing flood an even greater humanitarian problem and an even greater problem for the nations of Europe.

Ban made manifest the general misunderstanding of national responsibilities in this regard.

I encourage EU member states to show compassion as they consider this important proposal to share their resettlement responsibilities. This can enable the European Union to address the dramatically increasing flows of people while setting an example for other regions of the world facing similar challenges[.]

No nation, including no European nation, has a “resettlement” responsibility here. No nation is obligated to allow people—or peoples—who are not citizens to cross its border and enter without permission. And no nation has any obligation to grant that permission—such an obligation would destroy the very concept of borders. Which in turn would destroy the very concept of private property and of ownership, whether private or national.

The effort, money, energy, and other resources committed to “resettlement” (reservations? The US has some experience with the failure of that sort of thing) or to sinking boats (which won’t stem the flow in the slightest; boats like the ones refugees or their African coyotes are using are easy to cobble together) would be better spent, would be more morally spent, working the problems in the refugees’ home countries so there would be far fewer refugees in the first place.

Of course political solutions are preferable, but even with its high up front cost (while potentially being far cheaper in the long run), an included option for working the problems at the source is military intervention. Just War Theory allows for humanitarian military intervention; all that’s necessary is for the intervening country(s) to do it like they mean it.

Besides that, there’s a utilitarian reason to intervene rather than merely to absorb refugees. The refugees are not looking for a place in which to better their lives; they’re looking for a place in which to stay alive. The countries from which the refugees are flooding will only become the more violent as time passes and peaceable people leave. And those countries will become increasing threats to the peace and safety of the European nations just across the Med.

The 5th Circuit and “Immigration”

Recall President Barack Obama’s DAPA program—Deferred Action for Parents of Americans and Lawful Permanent Residents—which he created by Executive…action…and which allows illegal aliens to register for work, get that work, obtain driver’s licenses, and otherwise avoid the consequences of their illegal entry into the US. Last February a Federal District Judge issued an injunction blocking implementation of DAPA and the creation of government bodies whose purpose would have been that implementation. The injunction was to last until the underlying suit, brought by 26 States, was itself adjudicated.

The 5th Circuit upheld that injunction, ruling in part,

The states have shown that “issuance of the stay will substantially injure” them. A stay would enable DAPA beneficiaries to apply for driver’s licenses and other benefits, and it would be difficult for the states to retract those benefits or recoup their costs even if they won on the merits. That is particularly true in light of the district court’s findings regarding the large number of potential beneficiaries, including at least 500,000 in Texas alone.

But that was the purpose of Obama’s action: to bring these folks in, with actual amnesty (not even the light punishment that too many on the right bleat about being amnesty), permanently.

And

The government identifies several important interests: it claims a stay would improve public safety and national security, provide humanitarian relief to the family members of citizens and lawful permanent residents, and increase tax revenue for state and local governments. To the contrary, however, and only by way of example, on March 16, 2015, the Attorney General, in opposing a motion to stay removal in an unrelated action, argued to this very panel that “granting a stay of removal…would impede the government’s interest in expeditiously…controlling immigration into the United States.” Presumably, by referring to “the government’s interest,” the United States is referring to “the public interest.”

Presumably, no sarcasm was intended by that last….

Never mind that DoJ has been caught—again—talking out of both sides of its collective mouth.

On the matter of Obama’s infamous “prosecutorial discretion,” the court offered this:

DAPA’s version of deferred action, however, is more than nonenforcement: it is the affirmative act of conferring “lawful presence” on a class of unlawfully present aliens. … “[A]lthough prosecutorial discretion is broad, it is not ‘unfettered.'” Declining to prosecute does not convert an act deemed unlawful by Congress into a lawful one and confer eligibility for benefits based on that new classification.

The court’s ruling can be seen here.

“We Are Not Citizens of Ukraine”

That’s what Alexander Zakharchenko, a leader of the rebels in Donetsk Oblast of Ukraine, is quoted as saying in Christian Neef’s article of that name in Spiegel Online International.

Fair enough. Then you and your rebels should leave Ukraine and move to Russia, which you think is a better nation than Ukraine, anyway. After all, you’re in Ukraine illegally, now.

A Stay on Illegal Immigration

Federal Judge Andrew Hanen has refused to stay his temporary injunction blocking President Barack Obama’s refusal to deport some 4 million illegal immigrants in Federal custody or whose whereabouts otherwise is known to the Feds. Hanen’s injunction will remain in force while Obama’s men appeal the stay to the 5th Circuit.

Refusing to stay his injunction has the effect, among others, of blocking Obama from pursuing (pending that appeal’s outcome) his Deferred Action for Parents of Americans and Lawful Permanent Residents program and his planned expansion of the 2012 program called Deferred Action for Childhood Arrivals.

OF course, enforcing that block is problematic. Aside from the obvious reasons for suspicion, there’s this about that 2012 program from Hanen’s order and ruling:

The Court finds that the Government’s multiple statements on this subject were indeed misleading, as detailed in the Order filed simultaneously with this Order. It also finds that the remedial measure taken by counsel for the Government through the filing of an “advisory” on March 3, 2015, was neither prompt nor fully candid.

Since this administration, once again, has shown it cannot be trusted, there’s no reason to suppose Obama won’t move ahead apace with both programs.

Hanen wasn’t done, though. In a separate order, on the matter of that 2012 program and the President’s men lying about it, Hanen

also issued a separate ruling Tuesday night allowing the states to conduct discovery into their separate claim that the administration, beginning late last year, improperly implemented part of its immigration program, even though it had allegedly represented to Judge Hanen that it wouldn’t do so until February.