May 042010
 

Groundhog Day, aka Amnesty

Distribution of 12M Unauthorized 'guests'

Here’s the controversial Arizona law, SB 1070.  The following is just the first paragraph; the actual statute is 17 pages long.  What’s important to note, though, is that in the public conversation about this, THERE IS NO LAW; there is only the perception of a law.  The perception varies widely depending on group identification.  Opponents of immigration laws claim they are inherently racist because, well, their sponsors are racists.  A charge of racial profiling follows, borrowed from the worst experiences of African-Americans, who are not, in fact, illegal immigrants.

The problem is that linking historical racial strife with the word “profiling” delegitimizes the act of profiling, which has been an essential part of legitimate police work forever.  An explanation, here, from author Paul Schlicta, writing for The American Thinker. Since there was widespread public concern that the law permitted some form of racial profiling (by being ambiguous), a second draft allayed those fears.  There will always be lingering doubt, do to the human factor, but the law very closely parallels existing Federal legislation. Here’s an excerpt – regarding the changes to the law – from the PolitiFact blog, in case you wish to read in its entirety:

Critics had said that the original version of the law permitted racial profiling. But the changes signed by Brewer on April 30 were intended to blunt those charges.


The new version of the law says: “A law enforcement official or agency of this state or a county, city, town or other political subdivision of this state may not consider race, color or national origin in implementing the requirements of this subsection except to the extent permitted by the United States or Arizona Constitution.”

The prior version had said that an official “may not solely consider race” in such circumstances.

(“Solely,” above, was removed in the final bill.)

S.B. 1070

- 1 -
1 Be it enacted by the Legislature of the State of Arizona:
2 Section 1. Intent
3 The legislature finds that there is a compelling interest in the
4 cooperative enforcement of federal immigration laws throughout all of
5 Arizona. The legislature declares that the intent of this act is to make
6 attrition through enforcement the public policy of all state and local
7 government agencies in Arizona. The provisions of this act are intended to
8 work together to discourage and deter the unlawful entry and presence of
9 aliens and economic activity by persons unlawfully present in the United
10 States.
MEXICO’S TREATMENT OF IMMIGRANTS

And here, as described by investigative journalist Michelle Malkin, is how immigrants and visitors can expect to be treated in Mexico.  Note that everyone, native-born or visitor, has to carry ID; it’s jail time for failing to do so. (For obvious reasons, tourists are left alone.)  Political demonstrations are totally forbidden in Mexico.  Read the whole thing for perspective – then skip to the bottom of this post for the skinny on how Mexicans view our national sovereignty.

IMMIGRATION LAWS ARE NECESSARY.


If you want to make sure there are enough jobs for all Americans, you have to carefully control the number of people who come here for jobs.  America has been called a “beacon,” usually meaning for liberty, but certainly for financial opportunity as well.  We have the largest job markets, and we hire on ability.  If you can pool together a little money (family, friends and credit cards are the usual paths for beginners), you can start or buy a very small business and build it through hard work and imagination.  People from all over the world clamor to get from where they are to here, and we have formal national procedures for controlling this demand.

In other words, there is no possible way to not have immigration laws and procedures, as well as quotas and qualifications.  Many are waiting for visas and “green card” work permits, others for their approval for citizenship.  If people find a way to enter the country illegally (many overstay their visas and disappear into the population, for instance), they disadvantage all of those others who use our legal procedures. We are, indeed, a land of immigrants…legal immigrants, most of whom have become citizens and were proud to assimilate into American culture.

They didn’t do this to derogate their former culture which, after all, still remains in the land of their birth, but to celebrate, with us, the idea of  belonging to a nation dedicated to the protection of the individual from the state.  And the idea of free markets, where the individual chooses a  job, a career, a business to start.  Where a single human being’s idea can be owned and developed into a product or service that provides a livelihood for that person, as well as opportunity for anyone hired, and more choices for their customers.   Something that could be grown and shared. Or a job as a career path or stepping stone/learning experience.

They now could belong to a country, and a culture, that extends or withholds permissions to their government, not the other way around; not as in the country they left.  This is why immigrants gain citizenship and assimilate into our culture, and they want others to follow the same rules.  (I’ve heard that the actual bureaucracy that controls this is awful,  and the waiting times and screw-ups are legion, but that’s a subject for another post.)

So… there’s not just some arbitrary rule that say’s “Don’t cross our border without permission,” there’s a principle that precedes and underlies the rule:  ”We need to provide for our own citizen’s safety and opportunities first.  Also, by knowing who has entered our country, and for how long, our police and homeland security agencies have essential investigative information in case of a serious problem.  By knowing how many have entered, we can keep an eye on the job markets, as well as a fair distribution of visas for visitors from anound the globe.

It follows from the above that we simply have to control our 2,000 mile long border, determine our quotas, issue work permits before admitting non-citizens, and supply procedures for obtaining US citizenship.  Would it were so.  The border is porous, quotas and work permits become meaningless among a flood of illegal entries, and people who take the legal route are forced to wait many years to become citizens.  EXCEPT –anchor babies.  A child born in America is an American citizen, regardless of whether the parents arrived legally.  There are legal interpretations of this, but for another discussion.

Like the drug war, something as screwed up and persistent as this can only survive when it has a lot of active beneficiaries.  And that’s not even counting the illegal immigrants.  If you’re reading this for a solution, move on – we are way beyond solutions. (I’ve often been taken by the thought, expressed elsewhere, that it is impossible for most of us to accept that there are some problems for which there is no solution.)  In this case, the can has been kicked down the road so many times – by the governments involved – that to do something timely and effective is no longer possible, a situation that undoubtedly gladdens the heart of those benefiting from the gridlocked status quo.

THE ONGOING DILEMMA


It would be nice to have a complex description of all the sociological factors which contribute to the lack of gainful employment in the Mexican economy, but that’s not what this blog is about.  We’ll have to settle for the explanation that a lot of semi-literate, rural Mexican peasants see no opportunities in their own communities or, indeed, in their own country.  A parallel, more contemporary and probable explanation is that most illegals simply left a low wage Mexican job for a higher wage in the US.  American wages are high enough, apparently, to offset the risks involved in illegal border crossing, as well as the expense of paying a Coyote to facilitate the trip.

We can assume that most Mexican villagers by now are aware that you can be killed or seriously injured, and still find it a risk worth taking.  The reward is grinding work and deprivation in the US while sending money back to the family in Mexico. (Remittances are said to be about 2% of Mexican GDP, and the third largest source of foreign exchange, after oil and manufacturing.  The linked web site incorrectly states in its text narrative that remittances are 2nd largest.)

The map above is self-explanatory, with approximately 7 million of the total originating in Mexico.  There are a lot of reasons for the Mexican laborer to come here, including the complicity of his own government in laying off their economic and political problems on the US, and the US government tacitly helping business, as well as eventually broadening their base of voters.  (Both parties vie for the Mexican votes, and each is afraid of offending that community, even when some of the offended are officially criminals!)

But that doesn’t explain why, in a country with a 10% or higher unemployment rate, there are so many jobs available for the illegals to fill.  The Western US agricultural jobs that fostered the creation of the Braceros programs are the oldest and easiest to understand, and are probably the source of the canard that Mexicans fill jobs that Americans won’t take.  Well, if we’re only talking about stoop labor in the fields in a modern economy in which farming is only a tiny, but vital, part – no problem.  But what about all those manufacturing, construction, landscaping and service jobs scattered all over the country?

I can’t answer that here, but we can get some valuable help from the sources I’m excerpting and/or linking below.  We will have to return to this topic, as there are too many salient aspects to be covered in a short post.  I particularly want to explore more of what is happening on the other side of the border to exacerbate and perpetuate this dilemma. Meanwhile, a Cato Institute study shows that immigration has no negative impact on American job markets, and a study at Australia’s Monash University argues that increased legalization of the immigrant work force will benefit American workers higher-up in the job market, and grow the economy.  Here’s the Executive Summary of their report (below).  The entire report can be read on Cato’s site, here, and is 24 pages in length.

Restriction or Legalization? Measuring the Economic Benefits of Immigration Reform

by Peter B. Dixon and Maureen T. Rimmer

Australia's Largest University

Peter Dixon is the Sir John Monash Distinguished Professor and Maureen Rimmer is a Senior Research Fellow at the Centre of Policy Studies at Monash University in Australia. Their USAGE model of the U.S. economy has been used by the U.S. Departments of Commerce, Agriculture, and Homeland Security, and the U.S. International Trade Commission.

By the latest estimates, 8.3 million workers in the United States are illegal immigrants. Proposed policy responses range from more restrictive border and workplace enforcement to legalization of workers who are already here and the admission of new workers through a temporary visa program. Policy choices made by Congress and the president could have a major economic impact on the welfare of U.S. households.

This study uses the U.S. Applied General Equilibrium model that has been developed for the U.S. International Trade Commission and other U.S. government agencies to estimate the welfare impact of seven different scenarios, which include increased enforcement at the border and in the workplace, and several different legalization options, including a visa program that allows more low-skilled workers to enter the U.S. workforce legally.

For each scenario, the USAGE model weighs the impact on such factors as public revenues and expenditures, the occupational mix and total employment of U.S. workers, the amount of capital owned by U.S. households, and price levels for imports and exports. This study finds that increased enforcement and reduced low-skilled immigration have a significant negative impact on the income of U.S. households. Modest savings in public expenditures would be more than offset by losses in economic output and job opportunities for more skilled American workers.

A policy that reduces the number of low-skilled immigrant workers by 28.6 percent compared to projected levels would reduce U.S. household welfare by about 0.5 percent, or $80 billion. In contrast, legalization of low-skilled immigrant workers would yield significant income gains for American workers and households. Legalization would eliminate smugglers’ fees and other costs faced by illegal immigrants. It would also allow immigrants to have higher productivity and create more openings for Americans in higherskilled occupations. The positive impact for U.S. households of legalization under an optimal visa tax would be 1.27 percent of GDP or $180 billion.

Ralph Peters of the New York Post has spent a lot of time on these issues.  All of us are aware of the state of siege Mexico seems to be under by the narco-gangs who are killing their own citizens by the thousands and have been emboldened to kill some of ours, lately.  He has a lot to say about that, here, in an article entitled Border Disorder. His piece on the Arizona immigration law dilemma is called Blaming the Citizen, which I’d encourage you to read, here, or stay here for some Ralph Peters advice:

As the left’s blame-the-citizen demands for special privileges for all immigrants only intensify an anti-immigrant backlash, let’s apply some commonsense maxims:

* It is always the responsibility of the immigrant to conform to the laws and social norms of the host society. It is never the responsibility of a society to alter its traditions and values to please immigrants.

* The primary responsibility of government is to protect its citizens and territory. That demands robust border security.

* Illegal immigrants are entitled to basic human rights, but have no civil rights: no right to an attorney, trial or “sanctuary.”

* Washington must remove current incentives to illegal immigration. This means relentlessly pursuing both those who hire illegals and illegals themselves,  doubling sentences for illegal-immigrant offenders, and a constitutional amendment eliminating the automatic citizenship granted to children born on our soil to illegals.

* At the same time, we must reform our legal immigration system to recognize the need for temporary workers, as well as for qualified new citizens.

* Turning 10 million illegals into US voters is not the answer.

Read more: http://www.nypost.com/p/news/opinion/opedcolumnists/blaming_the_citizen_RXEVoCdMKmfm5mPSxqBWfL#ixzz0myGFYnEn

Here’s a quick summary, and access, to a 26 page immigration proposal put out by the Senate Democrats.  It has a peculiar provision for a permanent immigration commission that bears an eerie similarity, in intent, to the Health Insurance Exchanges.

Democrats Unveil Outline for Amnesty


The proposal, which the Senators dubbed the REPAIR (Real Enforcement with Practical Answers for Immigration Reform) plan, did not come in the form of a bill, but a 26-page narrative describing what would be the main components of so-called “comprehensive immigration reform.”

The plan contains many of the provisions that made up the 2007 Bush-Kennedy amnesty bill (S.1639). It contains a mass amnesty program (called a “broad-based registration program”); a guest worker program with a path to citizenship; AgJOBS; the DREAM Act; an employment verification proposal based on a biometric social security card; and massive increases in legal immigration.

Unlike S.1639, the Reid proposal includes a commission on employment-based immigration to recommend policies that promote growth “while minimizing job displacement and wage depression and unauthorized employment”- a description that seems to concede that these are the natural result of our current immigration system.

This commission would be able to declare immigration emergencies, meaning a situation in which our employment-based system “is either substantially failing to admit a sufficient number of workers for the needs of the economy or is substantially admitting too many foreign workers.” After declaring an emergency, the commission would submit recommendations for changes to Congress and Congress would then be required to approve or vote down the recommendations. (See pp. 21-22 of the proposal).

Finally, we’d be remiss in not putting up the proposal by the two Arizona Senators.  Enjoy.

SENATORS McCAIN AND KYL ANNOUNCE BORDER SECURITY PLAN


10-Point Plan To Better Secure The U.S.-Mexico Border In Arizona April 20, 2010 Washington, D.C. – U.S. Senators John McCain (R-AZ) and Jon Kyl (R-AZ) were joined today by Arizona Sheriffs Larry Dever, Cochise County and Paul Babeu, Pinal County in introducing a 10-point comprehensive border security plan to combat illegal immigration, drug and alien smuggling, and violent activity along the southwest border.


Senators McCain and Kyl’s Ten Point Border Security Action Plan:


1) Immediately deploy 3,000 National Guard Troops along the Arizona/Mexico border, along with appropriate surveillance platforms, which shall remain in place until the Governor of Arizona certifies, after consulting with state, local and tribal law enforcement, that the Federal Government has achieved operational control of the border. Permanently add 3,000 Custom and Border Protection Agents to the Arizona/Mexico border by 2015.

2) Fully fund and support Operation Streamline in Arizona’s two Border Patrol Sectors to, at a minimum, ensure that repeat illegal border crossers go to jail for 15 to 60 days. Where Operation Streamline has been implemented, the number of illegal crossings has decreased significantly. Require the Obama Administration to complete a required report detailing the justice and enforcement resources needed to fully fund this program. Fully reimburse localities for any related detention costs.

3) Provide $100M, an increase of $40M, for Operation Stonegarden, a program that provides grants and reimbursement to Arizona’s border law enforcement for additional personnel, overtime, travel and other related costs related to illegal immigration and drug smuggling along the border.

4) Offer Hardship Duty Pay to Border Patrol Agents assigned to rural, high-trafficked areas, such as the CBP Willcox and Douglas Stations in the Tucson Sector.

5) Complete the 700 miles of fencing along the border with Mexico and construct double- and triple- layer fencing at appropriate locations along the Arizona-Mexico border.

6) Substantially increase the 25 mobile surveillance systems and three Predator B Unmanned Aerial Vehicles (UAVs) in place today along the Arizona/Mexico border and ensure the border patrol has the resources necessary to operate the UAVs 24 hours a day seven days a week. Send additional fixed-wing aircraft and helicopters to the Arizona-Mexico Border.

7) Increase funding for vital radio communications and interoperability between CBP and state, local, and tribal law enforcement to assist in apprehensions along the border.

8)  Provide funding for additional Border Patrol stations in the Tucson Sector and explore the possibility of an additional Border Patrol sector for Arizona. Create six additional permanent Border Patrol Forward Operating Bases, and provide funding to upgrade the existing bases to include modular buildings, electricity and potable water. Complete construction of the planned permanent checkpoint in Arizona. Deploy additional temporary roving checkpoints and increase horse patrols throughout the Tucson Sector.

9) Require the Federal government to fully reimburse state and local governments for the costs of incarcerating criminal aliens. Start by at least funding the State Criminal Alien Assistance Program (SCAAP) at its authorized level of $950 million.

10) Place one full-time Federal Magistrate in Cochise County and provide full funding for and authorization of the Southwest Border Prosecution Initiative to reimburse state, county, tribal, and municipal governments for costs associated with the prosecution and pre-trial detention of federally-initiated criminal cases declined by local offices of the United States Attorneys.

#

OH, BY THE WAY… THE MEXICANS WANT ALL THOSE SOUTHWESTERN STATES BACK, AND THEY HAVE A PLAN.  DO YOU?


Shores of Aztlán

As an important footnote, and possibly the subject of future posts, it’s important to note that many Mexicans feel quite strongly that a good portion of the American Southwest (all/pt. of 10 states) was stolen from them by the Gringos.  They don’t feel that our presence in those states is legitimate, or that there should be a border at all.  Their goal is to have many children, flood the area with their own people over time, and reclaim – in deed – what was supposedly taken from them.

The land they are slowly reclaiming is called Aztlán. Legend has it they originally migrated South from there, a spot that has been identified as on the border between Utah and Arizona, near Lake Powell (pictured,left). Their migration stopped near current Mexico city.  They like this story a lot, because it gives them a sense of provenance as an indigenous people that preceded the Europeans that ‘stole’ their land.

They call their plan for re-occupation of the Southwest the “Reconquista,” the re-conquest. I mention this as a clue to the seemingly irrational behavior of people who we have declared illegal.  They regard us as irrelevant; a passing nuisance.  Here’s a map of Aztlán – temporarily occupied by the United States of America.  Note the flag on the lower left designating the map as the “United States of Mexico.”  (This is not some peculiar cult; it’s embedded in Mexican culture!)

Reclaiming their "stolen" land

From the “Gringo” side of this equation – and border – we regard the Southwest territories depicted above as the spoils of war, ceded to us in the Treaty of Guadalupe Hidalgo(1848), following Mexico’s loss to American forces (1847) in the Mexican-American War (1846-1848.)  If every nation on the planet gave their country back to the original (conquered) indigenous peoples, a) nation-states would cease to exist, and b) You would spend a lot of time trying to determine the legitimate descendants, if any, of civilizations long gone from the planet.

You can only take the idea of “roots” so far.  It wouldn’t be unfair to compare the above map to the Palestinian map that is notably absent the existence of Israel.  It’s a cultural fantasy that is dangerously shared by the Mexican Mafia (here) and Latin gangbangers everywhere.  In other words, an ignorant, heavily armed and violent force that exists in large numbers in the US.  You can click to read a large database regarding gang activity in the US, including Mexican gangbangers.  This was a 2009 collaborative effort between the National Gang Intelligence Center and the National Drug Intelligence Center.

Here’s a summary of their findings:

National Gang Threat Summary

Gangs pose a serious threat to public safety in many communities throughout the United States. Gang members are increasingly migrating from urban to suburban areas and are responsible for a growing percentage of crime and violence in many communities. Much gang-related criminal activity involves drug trafficking; however, gang members are increasingly engaging in alien and weapons trafficking. Additionally, a rising number of U.S.-based gangs are seemingly intent on developing working relationships with U.S.- and foreign-based drug trafficking organizations (DTOs) and other criminal organizations to gain direct access to foreign sources of illicit drugs.

Key Findings

The following key findings were developed by analysis of available federal, state, and local law enforcement information; 2008 National Drug Intelligence Center (NDIC) National Drug Threat Survey (NDTS) data; and verified open source information:

  • Approximately 1 million gang members belonging to more than 20,000 gangs were criminally active within all 50 states and the District of Columbia as of September 2008.
  • Local street gangs, or neighborhood-based street gangs, remain a significant threat because they continue to account for the largest number of gangs nationwide. Most engage in violence in conjunction with a variety of crimes, including retail-level drug distribution.
  • According to NDTS data, 58 percent of state and local law enforcement agencies reported that criminal gangs were active in their jurisdictions in 2008 compared with 45 percent of state and local agencies in 2004.
  • Gang members are migrating from urban areas to suburban and rural communities, expanding the gangs’ influence in most regions; they are doing so for a variety of reasons, including expanding drug distribution territories, increasing illicit revenue, recruiting new members, hiding from law enforcement, and escaping other gangs. Many suburban and rural communities are experiencing increasing gang-related crime and violence because of expanding gang influence.
  • Criminal gangs commit as much as 80 percent of the crime in many communities, according to law enforcement officials throughout the nation. Typical gang-related crimes include alien smuggling, armed robbery, assault, auto theft, drug trafficking, extortion, fraud, home invasions, identity theft, murder, and weapons trafficking.
  • Gang members are the primary retail-level distributors of most illicit drugs. They also are increasingly distributing wholesale-level quantities of marijuana and cocaine in most urban and suburban communities.
  • Some gangs traffic illicit drugs at the regional and national levels; several are capable of competing with U.S.-based Mexican DTOs.
  • U.S.-based gang members illegally cross the U.S.-Mexico border for the express purpose of smuggling illicit drugs and illegal aliens from Mexico into the United States.
  • Many gangs actively use the Internet to recruit new members and to communicate with members in other areas of the United States and in foreign countries.
  • Street gangs and outlaw motorcycle gangs pose a growing threat to law enforcement along the U.S.-Canada border. They frequently associate with Canada-based gangs and criminal organizations to facilitate various criminal activities, including drug smuggling into the United States.

So, here – for your delectation…is the Treaty that got us the great American Southwest.

Spoils of War

In case you’re disturbed at the thought that you can’t really read this document and, in fact, have no way of knowing what’s behind the elegant red cover, you can see the document itself in the National Archives, here. You can also read the history of the Treaty and the war that preceded it.

Filling the Government Void

Since I’m not yet out of pictures, I’ll close with this one, that probably reflects the frustration of the 70% or so Arizonans who approve of the new immigration bill, and are tired of the really serious problems that come with being a border state and not being able to get the Federal Government to do its (non-exclusive) job of protecting the borders and enforcing immigration law.

Politicians are notorious for their fecklessness and opportunism, but sometimes they go further than citizens are willing to tolerate.  That’ll do ’til next time.

Thanks for reading this far.

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Apr 242010
 

Real Threats Require Real Preparedness

They At Least Recognized a Threat

This blog post is a cheat!  It’s my intention to do everything possible to avoid scouring the internet for source material and supporting opinions.  My intention, instead, is to get some of my security concerns off my chest, because there seem to be large gaps in both policy and public understanding of our vulnerabilities.
  • CIVIL PREPAREDNESS.

During the Cold War, which – for those of you who were either too young or self-deluded at the time – was a real war, the national leadership thought it prudent to warn everyone to take steps against a nuclear attack.  We had children ducking under desks at school, lectures on blast and radiation, and instructions on how to build a bomb shelter.  If you were unfortunate enough to be away from a bomb shelter during an attack, there were widely-published directions on where your nearest refuge might be.  The entire society, in other words, took the threat of attack and possible annihilation seriously.

It’s been almost nine years since 9/11, yet the notion that citizens should be making any preparations for another attack is conspicuously absent.  Yes, there have been some reported drills by First-Responders, but no “Civil Defense Corps” or other organized attempt to have people know what their options are in case of a calamitous attack.  Where are emergency supplies stored within walking distance of most people?  What, if any, are the communication options?  If land lines and cell phones are inoperable, is there a plan that can be broadcast on radio?  What medical aid can be expected, in order to allow citizens to cope with each type of attack?  Where are the instructions for understanding the nature of the attack that is underway?

What will be done to control panic?  Looting, rape and robbery?  Is drinking-water available?  What about antidotes to biological attack?  Treatment against chemical attack?  Quarantine, if the attack is a deliberate spread of deadly virus.  Weapons training, authorization and supply in case of urban guerrilla warfare that overwhelms the police and National Guard.  (Deputation and a standing, back-up militia may be necessary.)  Training of volunteers in emergency medicine.  How to function effectively, i.e., survive, in the absence of electricity or support services.

  • THREAT AWARENESS.

More Threat Variety Today

According to the government, the US undergoes thousands of attacks, daily, on its government and civilian internet sites.  The commercial loss is staggering, and the extent to which government secrets are lost and vital networks compromised, we may never know.  What would be foolish for us to ignore is the probable disappearance of the internet and cell-phone networks in a real attack. Warfare is such today that we may never know who attacked us.  We have been effectively at war with Iran for years – accurately, them with us –  without a shot being acknowledged on either side.  China is notorious for stealing US industrial and military secrets, both in person and electronically.

Is that a casus belli?  Or do we simply act as if it’s mischievous, while desperately fighting it in the shadows?  Russia seems to be scrambling to reconstitute as much of the USSR as possible, while using Stalinist methods to combat internal dissidents.  I’d have to check, but I seem to recall them being responsible for more journalist assassinations – currently – than anyone else.  (Stalin’s philosophy regarding the murder of dissidents – or even those who might prove inconvenient at a later date – was said to be “No person, no problem.”)

I never forget that I’m living in a country that was thrown into a panic when unable to identify and capture two lone snipers.  There are reports that Mexican and South American drug gangs have now occupied hundreds of medium-sized American cities.  Some are better-armed than the military.  Our own home-grown, multi-generational gangs have slowly evolved into international criminal cartels, originally fueled by illegal drug money, but now by slaves, drugs, prostitution, counterfeiting, money-laundering, kidnapping, extortion and, as the cherry on the banana-split…ownership of legitimate businesses.  We tolerate that threat, because it only means the slow erosion of law and order and our ability to perform the necessary police functions of a civilized society.

But those folks aren’t our declared enemies; just our undeclared parasites.  The declared enemies – those who actively strive to eliminate our presence on this planet, are twofold:  Jihadis and Marxists.  Jihadis get a lot of satisfaction from being martyrs, so there is no real incentive for them not to confront us violently, even if it’s with cowardly attacks with explosives.  Since they have an unlimited supply of martyr volunteers, we can expect cars and individuals to be blowing themselves and us up for the foreseeable future.

Marxists are left over from the Cold War (which occasionally became hot – Korea and Vietnam come to mind) and have learned that violent confrontation is not such a hot idea, so they’ve become state-sponsors of terrorism.  In other words, the Cold War has continued by proxy.  China and Russia know that as long as they have deniability, we can be attacked in numerous ways by their proxies, all over the globe, and we will pretend each attack was the proxy’s idea.  China has spent years modernizing its military, presumably with the aim of being the regional hegemon.  This is not good news for Japan, South Korea, Taiwan, or the remainder of Southeast Asia.  Meanwhile, it’s terribly convenient to have North Korea as their proxy for both local and Middle Eastern capers that wouldn’t be palatable if they had to front them themselves.

  • STEALTH CONQUEST

We're Not Prepared for Either!

A “nuclear umbrella” is mostly a bluff.  We’re not going to start a nuclear exchange with someone unless we are absolutely certain that, otherwise, they will be doing something equally nasty to us.  Our military and its equipment are mostly designed for a large, European land war (remember:  we are the guarantors of their security).  If we’re attacked by a proxy, or in a sufficiently stealth manner by a state, who will we retaliate against, and how?  It looks like the state of technology today is such that a nuclear submarine or a nuke tipped rocket fired from a ship at sea could instantly have us living as we did 200 years ago.  No electric; no modern technology to speak of.  An electro-magnetic pulse weapon ( EMP – a nuke high in the atmosphere) would have that effect. The picture at left depicts a burst caused by solar radiation impacting Earth’s magnetic field – a way for nature to have the same effect as an enemy.  The above link is to an article in “Space Review.”

Or,  a nuclear sub – could,  equipped with modern weapons – effectively incinerate the country.  (I know, all the military buffs will call me out on that, but I think it’s generally true.  If not, the destruction would still be enough to justify our concern.)  If you’d like a novel that features a community trying to survive following an EMP attack, “One Second After” by William R. Forstchen is an interesting scenario that some find improbable, others possible.  I don’t mean to harp on EMP, because it only represents one type of threat – however unlikely – but knowing it exists raises our awareness of the new weapons paradigm we find ourselves in.  A government commission to investigate the threat was appointed in 2001, issued a report in 2004 (which you can click on at the EMP link above, was reconstituted in 2006, and issued its latest report in 2008.

  • CIVIL DEFENSE.

It is possible that we live in a world where, in a very short amount of time, and without warning, we could be effectively destroyed as a society, and not necessarily discover who caused it.  It’s probably not paranoid to recognize that some of the above mentioned states and their proxies could coordinate an effective attack on this county that would leave them blameless and us as history.  Our politicians don’t want to scare us and, God knows, they don’t want to raid their already empty coffers to pay for civil defense, but having all of us grow up a bit and act as if these things are real, would be a step in the right direction.  You actually don’t need to spend a lot of money to recognize a threat and organize a response.  Fatalism is not a traditional American characteristic; we need to recognize we’re in a new environment.

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Mar 302010
 
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Famous Asset Seizer

If you think cars and houses and other personal belongings are only seized, kept and sold by the police when dealing with suspected drug dealers, you’ve got another think coming.  This is done much more broadly and is being used by some police jurisdictions to supplement their budgets.  I got used to the idea some time ago that our legislators prefer not to give too much thought to the constitutionality of their laws, always willing to blame the president, or to act knowing it will be many years before the law can be challenged and adjudicated.

Here is a comprehensive report - complete with a book you can download for free or buy in print – on a subject that, while clearly not at the top of anyone’s agenda right now, is about a situation Americans, on principle, should not tolerate.  The Institute for Justice, which I had not heard of before encountering them on law professor Glen Reynold’s excellent blog site, Instapundit, is all over this subject, breaking it down into as many morsels as you might have time to digest at any one time.  I strongly suggest you use the above link and explore the work of these excellent legal crusaders.

Just one more thing.  This report sent me scrambling for my copy of the US Constitution.  Sure enough, right there in the Bill of Rights is our protection from “unreasonable searches or seizures.”  Seems that King George (no, not Bush) had something called “Writs of Assistance” that allowed searching and seizure at anytime, in any place.  I can’t find myself getting nuanced enough to think that today’s asset forfeitures are any different.  No trial.  Not even an arrest.  Deserves our attention.  Enjoy.


Executive Summary

Policing for Profit: The Abuse of Civil Asset Forfeiture is the most comprehensive national study to examine the use and abuse of civil asset forfeiture and the first study to grade the civil forfeiture laws of all 50 states and the federal government.

Under state and federal civil asset forfeiture laws, law enforcement agencies can seize and keep property suspected of involvement in criminalactivity.  Unlike criminal asset forfeiture, with civil forfeiture, a property owner need not be found guilty of a crime—or even charged—to permanently lose her cash, car, home or other property.

Incentives for Abuse

In most states and under federal law, law enforcement can keep some or all of the proceeds from civil forfeitures.  This incentive has led to concern that civil forfeiture encourages policing for profit, as agencies pursue forfeitures to boost their budgets at the expense of other policing priorities.

These concerns are exacerbated by legal procedures that make civil forfeiture relatively easy for the government and hard for property owners to fight.  For example, once law enforcement seizes property, the government must prove it was involved in criminal activity to forfeit or permanently keep it.  But in nearly all states and at the federal level, the legal standard of proof the government must meet for civil forfeiture is lower than the strict standard of “beyond a reasonable doubt” required for criminal convictions.

Likewise, many jurisdictions provide an “innocent-owner” defense that allows owners to get their property back if they had no idea it was involved in a crime.  However, in most places, owners bear the burden of establishing their innocence.  In other words, with civil forfeiture, property owners are effectively guilty until proven innocent.

Finally, federal civil forfeiture laws encourage abuse by providing a loophole to law enforcement in states with good laws for property owners:  “equitable sharing.”  With equitable sharing, state law enforcement can turn over seized assets to the federal government, or they may seize them jointly with federal officers.  The property is then subject to federal civil forfeiture law—not state law.  Federal law provides as much as 80 percent of the proceeds to state law enforcement and stacks the deck against property owners.  Thus, the equitable sharing loophole provides a way for state and local law enforcement to profit from forfeitures that they may not be able to under state law.

Extent of Forfeiture Use

In Part I of this study, criminal justice researchers Marian R. Williams and Jefferson E. Holcomb of Appalachian State University and Tomislav V. Kovandzic of the University of Texas at Dallas find the use of asset forfeiture is extensive at all levels of government and growing:

  • In 2008, for the first time in history, the U.S. Department of Justice’s Assets Forfeiture Fund (AFF) held more than $1 billion in net assets—that is, money forfeited from property owners and now available for federal law enforcement activities after deducting various expenses.  A similar fund at the U.S. Treasury Department held more than $400 million in net assets in 2008.  By contrast, in 1986, the year after the AFF was created, it took in just $93.7 million in deposits.
  • State data reveal that state and local law enforcement also use forfeiture extensively:  From 2001 to 2002, currency forfeitures alone in just nine states totaled more than $70 million.  This measure excludes cars and other forfeited property, as well as forfeitures from many states that did not make data available for those years, and so likely represents just the tip of the forfeiture iceberg.
  • Equitable sharing payments to states have nearly doubled from 2000 to 2008, from a little more than $200 million to $400 million.

Policing for Profit

Civil forfeiture encourages policing for profit according to an analysis of national data by Williams, Holcomb and Kovandzic.  Specifically, they find that when state laws make forfeiture more difficult and less rewarding, law enforcement instead takes advantage of easier and more generous federal forfeiture laws through equitable sharing.

The researchers tested three elements of state law and found that all three, either independently or in combination, affect equitable sharing proceeds.  As state laws improve for property owners, use of the equitable sharing loophole rises:

  • Profit Motive:  Law enforcement agencies in states with no profit motive (no forfeiture proceeds to law enforcement) will receive more in equitable sharing than agencies in states with a 100-percent profit motive—an increase of $30,000 per year for an average-sized law enforcement agency, representing an increase of 25 percent of equitable sharing dollars.
  • Innocent Owner Burden:  Presuming owners are innocent instead of guilty, thus better protecting owners and making civil forfeiture harder for law enforcement, leads to an increase in equitable sharing of $27,600 per year for an average-sized law enforcement agency, growth of about 23 percent.
  • Standard of Proof:  In states where owners are presumed innocent, raising by one level the standard of proof the government must meet to forfeit property leads to an increase in equitable sharing payments of $16,860 per year for an average-sized agency, an increase of about 14 percent.

These results demonstrate not only that federal equitable sharing is a loophole that state and local law enforcement use to circumvent strict state laws but also that pursuit of profit is a significant motivator in civil forfeiture actions.  Simply put, when laws make civil forfeiture easier and more profitable, law enforcement engages in more of it.

Grading Forfeiture Laws and Behavior

In Part II, Institute for Justice attorney Scott Bullock details the civil forfeiture laws and data for each state and the federal government.  He also grades the states based on the same three elements of state law Williams, Holcomb and Kovandzic test, as well how much state and local law enforcement use the equitable sharing loophole.
Bullock finds:

  • Only three states—Maine, North Dakota and Vermont—receive a combined grade of B or higher.  The other 47 states all receive Cs or Ds.
  • Most state civil forfeiture laws provide little protection to property owners.  Six states receive an F and 29 states receive a D for their laws alone.  Lax federal laws earn the federal government a law grade of D-.
  • Eight states receive a B or higher for their laws: Indiana, Maine, Maryland, Missouri, North Carolina, North Dakota, Ohio and Vermont.  But extensive use of equitable sharing pulls down the final grades of five of those states: Indiana (C+), Maryland (C+), Missouri (C+), North Carolina (C+) and Ohio (C-).
  • The lowest-graded states overall, combining both poor laws and aggressive use of equitable sharing, are Georgia, Michigan, Texas, Virginia and West Virginia.
  • Public accountability over civil asset forfeiture in the states is extremely limited.  Only 29 states clearly require law enforcement to collect and         report forfeiture data, and just 19 of those states responded to freedom-of-information requests with usable data—and the data provided were often meager.  In most states, we know nothing or next-to-nothing about the use of civil forfeiture or its proceeds.

Based on these findings, Bullock offers in a foreword to this study several recommendations for reform to better protect property rights.  Short of abolishing civil forfeiture, he advocates eliminating the profit motive, leveling the playing field for property owners, providing more public accountability and closing the equitable sharing loophole.

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