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Showing posts with label Border Issues. Show all posts
Showing posts with label Border Issues. Show all posts

California at Twilight


California at Twilight
Posted By Victor Davis Hanson On January 29, 2013 @ 12:01 am In Uncategorized | 21 Comments
We keep trying to understand the enigma of California, mostly why it still breathes for a while longer, given the efforts to destroy the sources of its success. Let’s try to navigate through its sociology and politics to grasp why something that should not survive is surviving quite well — at least in some places.
Conservati delendi sunt
The old blue/red war for California is over. Conservatives lost. Liberals won — by a combination of flooding the state with government-supplied stuff, and welcoming millions in while showing the exit to others. The only mystery is how Carthaginian will be the victor’s peace, e.g., how high will taxes go, how many will leave, how happy will the majority be at their departure?
The state of Pat Brown, Ronald Reagan, Pete Wilson, and George Deukmejian is long dead due to the most radical demographic shifts of any one state in recent American history — as far away as Cicero was to Nero. One minor, but telling example: Salinas, in Monterey County where the murder rate is the highest in the state, just — at least I think the news story is not a prank — named its new middle school after Tiburcio Vasquez [1].
A convicted murderer.
He was the legendary 19th-century robber and murderer who was hanged for his crimes. But who is to say that Vasquez is a killer, and Henry Huntington a visionary?
The New Demography
California has changed not due to race but due to culture, most prominently because the recent generation of immigrants from Latin America did not — as in the past, for the most part — come legally in manageable numbers and integrate under the host’s assimilationist paradigm. Instead, in the last three decades huge arrivals of illegal aliens from Mexico and Latin America saw Democrats as the party of multiculturalism, separatism, entitlements, open borders, non-enforcement of immigration laws, and eventually plentiful state employment.
Given the numbers, the multicultural paradigm of the salad bowl that focused on “diversity” rather than unity, and the massive new government assistance, how could the old American tonic of assimilation, intermarriage, and integration keep up with the new influxes? It could not.
Finally, we live in an era of untruth and Orwellian censorship. It is absolutely taboo to write about the above, or to talk about the ever more weird artifacts of illegal immigration — the war now on black families [2] in demographically changing areas of Los Angeles, the statistics behind DUI arrests, or the burgeoning profile of Medi-Cal recipients. I recall of the serial dissimulation in California my high school memorization of Sir Walter Raleigh:
Tell potentates, they live/Acting by others’ action/Not loved unless they give; Not strong but by affection; If potentates reply/Give potentates the lie.
There were, of course, other parallel demographic developments. Hundreds of thousands of the working and upper-middle class, mostly from the interior of the state, have fled — maybe four million in all over the last thirty years, taking with them $1 trillion in capital and income-producing education and expertise. Apparently, they tired of high taxes, poor schools, crime, and the culture of serial blame-gaming and victimhood. In this reverse Dust Bowl migration [3], a barren no-tax Nevada or humid Texas was a bargain.
Their California is long gone (“Lo, all our pomp and of yesterday/Is one with Nineveh and Tyre”), and a Stockton, Fresno, or Visalia misses their presence, because they had skills, education, and were net pluses to the California economy.
Add in a hip, youth, and gay influx to the Bay Area, Silicon Valley, and coastal Los Angeles that saw California as a sort of upscale, metrosexual lifestyle (rule of thumb: conservatives always find better restaurants in liberal locales), and California now has an enormous number of single-person households, childless couples, and one-child families. Without the lifetime obligation to raise $1 million in capital to pay for bringing up and educating two kids from birth to 21 (if you’re lucky), the non-traditional classes have plenty of disposable income for entertainment, housing, and high taxes. For examples, read Petronius, especially the visit to Croton.
Finally, there is our huge affluent public work force. It is the new aristocracy; landing a job with the state is like hitting the lottery. Californians have discovered that, in today’s low/non-interest economy, a $70,000 salary with defined benefit public pension for life is far better than having the income from a lifetime savings of $3 million.
Or, look at it another way: with passbooks paying 0.5-1%, the successful private accountant or lawyer could put away $10,000 a month for thirty years of his productive career and still not match the monthly retirement income of the Caltrans worker who quit at 60 with modest contributions to PERS.
And with money came political clout. To freeze the pension contribution of a highway patrolman is a mortal sin; but no one worries much about the private security’s guard minimum wage and zero retirement, whose nightly duties are often just as dangerous. The former is sacrosanct; the latter a mere loser.
The result of 30 years of illegal immigration, the reigning culture of the coastal childless households, the exodus of the overtaxed, and the rule of public employees is not just Democratic, but hyper-liberal supermajorities in the legislature. In the most naturally wealthy state in the union with a rich endowment from prior generations, California is serially broke — the master now of its own fate. It has the highest menu of income, sales, and gas taxes in the nation, and about the worst infrastructure, business climate, and public education. Is the latter fact despite or because of the former?
How, then, does California continue? Read on, but in a nutshell, natural and inherited wealth are so great on the coast that a destructive state government must work overtime to ruin what others wrought.
Also, when you say, “My God, one of every three welfare recipients lives in California [4],” or “California schools are terrible,” you mean really, “Not in Newport or Carmel. So who cares about Fresno, or Tulare — they might as well be in Alabama for all the times I have been there.”
So Much Taxation, So Little in Return
Thank God for Mississippi and Alabama, or California schools would test dead last [5].
Somehow, in just thirty years we created obstacles to public learning that produce results approaching the two-century horrific legacy of slavery and Jim Crow. About half the resources of the California State University system are devoted to remedial schooling for underperforming high school students (well over half who enter take remediation courses; half don’t graduate even in six years; and well over half have sizable financial aid). The point of CSU’s general education requirement is not so much any more to offer broad learning (who is to say what is “general education?”), but rather to enter a sort of race, class, and gender boot camp that allows some time off to become familiar with how the culture and politics of the state should continue.
The majority of the once-vaunted upper-tier University of California campuses now resemble second-tier CSU of old. Yet I think a Fresno State graduate of 1965 was far better educated than a UC Irvine or UC Santa Cruz student of today.
The state’s wealthiest and best-prepared students are perhaps only well-taught at its elite schools — the two UC campuses at Berkeley and UCLA, Stanford, Caltech, USC, Pepperdine, or Santa Clara — while the poorer but still serious students increasingly enroll in the new private online and tech schools that sprout up around failed CSU campuses. Why pay for the farce of GE, when you can just get the nuts-and-bolts job skills cheaper and quicker at a tech school?
Stagecoach Trails
Little need be said about infrastructure other than it is fossilized. The lunacy of high-speed rail is not just the cost, but that a few miles from its proposed route are at present a parallel but underused Amtrak track and the 99 Highway, where thousands each day risk their lives in crowded two lanes, often unchanged since the 1960s.
The 99, I-5, and 101 are potholed two-lane highways with narrow ramps, and a few vestigial cross-traffic death zones. But we, Californian drivers, are not just double the numbers of those 30 years ago, but — despite far safer autos and traffic science — far less careful as well. There are thousands of drivers without licenses, insurance, registration, and elementary knowledge of road courtesy. Half of all accidents in Los Angeles are hit-and-runs.
My favorite is the ubiquitous semi-truck and trailer swerving in and out of the far left lane with a 20-something Phaethon behind the wheel — texting away as he barrels along at 70 mph with a fishtailing 20 tons. The right lane used to be for trucks; now all lanes are open range for trucking — no law in the arena! The dotted lane lines are recommendations, not regulations. (Will young truck drivers be hired to become our new high-speed rail state employee engineers?)
When I drive over the Grapevine, I play a sick game of counting the number of mattresses I’ll spot in the road over the next 100 miles into L.A. (usually three to four). Lumber, yard clippings, tools, and junk — all that is thrown into the back of trucks without tarps. To paraphrase Hillary: what does it matter whether we are killed by a mattress or a 2 x 4? In places like Visalia or Madera, almost daily debris ends up shutting down one of the only two lanes on the 99.
Wrecks so far? It is not the number, but rather the scary pattern that counts. I’ve had three in the last 10 years: a would-be hit-and-run driver (the three “no”s: no license, no registration, no insurance) went through a stop sign in Selma, collided with my truck, and tried to take off on foot, leaving behind his ruined Civic; a speeder (80 m.p.h.) in L.A. hit a huge box-spring on the 101 near the 405, slammed on his brakes, skidded into a U-turn in the middle lane, reversed direction, and hit me going 40 m.p.h. head-on (saved by Honda Accord’s front and side air-bags and passive restraint seat harnesses; the injured perpetrator’s first call was to family, not 911); and a young woman last year, while texting, rear-ended me at 50 m.p.h. while I was at a complete stop in stalled traffic in Fresno (thank God for a dual-cab Tundra with a long trailer hitch). She too first called her family to try to help her flee the scene of her wrecked car, but my call apparently reached the Highway Patrol first.
Drive enough in California, and you too, reader, will have a ‘”rendezvous with Death, at some disputed barricade.”
West and East Californias
The coastal elites unite politically with the interior poor, in the fashion of the Caesarians and the turba. I suppose that their common adversary is, as was true of Rome, the disappearing middle class. Along the coast, elites have harvested well California’s natural and acquired wealth. I’ll again just toss out a few brands; you can imagine the lucre and jobs that are generated from Santa Rosa to San Diego: Apple, Chevron, Disney, DreamWorks, Facebook, Google, Hewlett-Packard, Hollywood, Napa Valley, Oracle, PG&E, Stanford, UC Berkeley, Wells Fargo, the ports of Los Angeles, San Diego, and Oakland.
So let us not speak of California decline, but of California’s decline and another California boom — one of 6% unemployment and another of 16%, one of $100,000 per capita income and another of $15,000, one of cottages sold on the first day on the market in Newport and another of vacant McMansions molding away in Stockton.
Success continues on the coast and is managed by very wealthy and mostly liberal residents of the sprawl that surrounds Los Angeles and San Francisco. For the five million or so who are enriched in enterprise zones like these — and there are thousands more spin-off and smaller such companies — life is pretty good if you keep your household small, inherited a house, or make enough money to buy something at about $500 to $1,000 dollars a square foot. In Selma, new 1800 sq. foot homes sell for $140,000; in Palo Alto, dollhouses go for $1.5 million. So who is the prince, and who the fool? Are opera tickets and a street light that still has its wire worth it?
The Cost of Doing Business
Coastal folk seem to view high taxes like Mafia protection money [6], but in the sense of psychological satisfaction and freedom from guilt. For now, sales, gas, and income taxes are not so high as to matter to those who voted for them, at least in view of the social and political advantages of coastal living: the beautiful weather, the Pacific panorama, the hip culture of recreational light drug use, neat restaurants, sports, fine wines, solar and wind romance, foreign cars, and general repugnance at religion, guns, conservatives, and traditional anything.
To the extent that “they” (i.e. you, reader) exist, the distant others are nebulous, rarely thought-about souls. Perhaps they really do enjoy polluting the planet as they generate the electricity [7], pipe in the natural gas and oil, refine the fuels, grow the food, and cut and haul the lumber that gives a Palo Alto or Santa Barbara the stuff to go on one more day.
Vote For Me Not To Represent You?
I still can’t figure out politics and culture of our vast interior, both the enormous and mostly empty state above Sacramento, and the huge Central Valley and Sierra. As my neighbors put it, life would have to get pretty awful here to be worse than in Oaxaca [8]. I once asked a neighbor why he was hauling wrecked trailers onto his small parcel. He smiled and told me California was “heaven.” From my few trips to Mexico, I could not argue.
One of the questions I always hear from strangers: “Why doesn’t everyone leave?” The answer is simple: for the coastal overdogs there is nowhere else where the money is as good and the weather and scenery are as enjoyable. How much would you pay to walk in cut-offs in February and not in three jackets in Montana? And for the interior underclass, California’s entitlements and poor-paying service jobs are paradise compared to Honduras, Jalisco, or Southeast Asia. And, yes, the middle-class small farmers, hardware-store owners, company retirees, and electricians are leaving in droves.
Weird Politics
The Latino population, I would imagine, would be in revolt over the elitist nature of California politics. Of course, thousands of second-generation Latinos have become public employees, from teachers to DMV clerks, and understandably so vote a straight Democrat-public union ticket. But millions are not working for the state, and they suffer dramatically from the ruling Bay Area left-wing political agenda of regulations, green quackery, and legal gymnastics. It is not just that the foreign national illegally entered the U.S. from Oaxaca, but entered the most complex, over-regulated, over-taxed, and over-lawyered state in the nation — hence the disconnects.
Take energy. California may have reserves of 35 billion barrels of oil in its newly discovered shale formations, and even more natural gas — the best way to provide clean electricity and, perhaps soon, transportation energy for the state. Tens of thousands of young Latino immigrants — given that agriculture is increasingly mechanizing, construction is flat, and the state is broke — could be making high wages from Salinas to Paso Robles, and along the I-5 corridor, if fracking and horizontal drilling took off. Even more jobs could accrue in subsidiary construction and trucking. And for a cynic, billions of dollars in state energy taxes from gas and oil revenue would ensure that the state’s generous handouts would be funded for a generation. Did someone forget that the California boom of the 1930s and 1940s was fueled by cheap, in-state oil?
More importantly, our power companies have the highest energy bills in the nation, given all sorts of green and redistributionist mandates. The costs fall most heavily on the cold winter/hot summer interior residents, who are the poorest in the state. Those who insist that the utilities invest in costly alternate energy and other green fantasies live mostly in 65-70 degree coastal weather year-round and enjoy low power bills.
Yet the liberal coastal political lock-hold on the state continues.
No one in San Joaquin or Tranquility cares about a baitfish in the delta, but they do vote nonetheless for the elites who divert water from farms, put the poor farm worker out of work, and feel good about saving the smelt in the process. Go figure.
Soft Apartheid

How then does the California coalition work, and in some sense work so well?
The coastal elite offers an agenda for more welfare funding, scholarships, class warfare, public unions, diversity, affirmative action, open borders, and amnesty, and in response the interior voter signs off on everything from gay marriage, solar and wind subsidies, gun restrictions, mass transit schemes, and the entire progressive tax-and-spend agenda. Most of this coalition never much sees one another.
The young Mountain View programmer keeps clear of Woodlake. He even has only a vague idea of what life is like for those who live in nearby Redwood City and make his arugula salad at the hip pasta bar in Palo Alto. In turn, the Redwood City dishwasher has an equally murky sense that the wealthy kid who works at Google does not wish to deport his uncle — and so the two become unspoken political partners of sorts. One of the state’s wealthiest cities, a gated Atherton, is juxtaposed to one of its most Latinate communities, Redwood City. But they might as well be Mercury and Pluto. Or should we applaud that the owner of the manor and his grass cutter vote identically — and against the interests of the guy who sold and serviced the Honda lawn mower?
In the flesh, the energetic people I associate with during the week in Silicon Valley and see on the Stanford campus and on University Avenue are, it must be said, innovative folk, but soft apartheidists: where they live, where their kids go to schools, where they eat, and whom they associate with are governed by a class, and de facto racial, sensibility that would make Afrikaners of old proud.
The liberal aristocracy is as class-bound as the old Republican blue-stockings, but saved from populist ostracism by what I have called the “hip” exemption — liberalism’s new veneer that allows one to be both consumer and critic of the Westernized good life, to praise the people and to stay as far away from them as possible. Mitt Romney is an outsourcer; Google’s offshore holdings are cool.
Hope?
“My name is Ozymandias, King of Kings: 
Look on my works, ye Mighty and despair!”
Nothing beside remains. Round the decay
Of that colossal wreck, boundless and bare
The lone and level sands stretch far away.
Is there hope? Can there be honesty about our crises and courage to address them? If there is not to be assimilation and integration at the rate as in the past, then I sometime fantasize that a new conservative movement of second- and third-generation upper middle-class, over-taxed Mexican-Americans will demand competitive schools for their children without the fantasies of Chicano studies and coastal global warming indoctrination.
They will push for energy development, beefed-up law enforcement, and reasonable taxes and power rates, and so lock horns with the coastal elites, well apart from abortion, the death penalty, and the constant alternative lifestyle agenda. Some already are heading that way; more would if the borders were closed and the old forces of the melting pot were not impeded.
Or maybe change will come from the other end of the surreal coalition. I talk to young, high-end yupster couples and wonder how they can vote for 40% federal income taxes, 11% state income taxes, Obamacare, and payroll and Medicare surcharges on their hefty incomes when increasingly they don’t use the public schools. Or if they have children, they pay exorbitant prices for private schooling and coastal housing that anywhere else would be laughable. I don’t think Menlo-Atherton High School, or the average paving on any residential street in Palo Alto, or the security on Willow Avenue, or the square footage of the typical Menlo Park bungalow is all such a great deal for losing 55% of your income to the local, state, and federal redistributionists.
Will Howard Jarvis return, with Birkenstocks and ponytail?
Would some young visionary see that just a few ecologically correct new dams, and a well-run development of the Monterey shale formation, would enable vast new increases in California energy and agriculture — food and fuel are what sustains mankind — and launch another Gold Rush?
Then I wake up and accept that contemporary California is a quirk, one governed by a secular religion [9], a non-empirical belief system that postulates that natural gas is bad because it produces heat and that dams that store precious water are unnatural [10]. So far the consequences of such thinking rarely boomerang on the cocooned fantasists.
We are like the proverbial spoiled third-generation progeny [11] of the immigrant farmer: the first-generation toiler lived in a hovel until he bought his 80 acres with paid cash. The second remodeled the old house, had a nicer car than a tractor, doubled the acreage, but took the weekend off and had less money in the bank than did his dad. The third fantasized and puttered about in his hiking boots, went through the inheritance, mortgaged the land — and was as glib and mellifluous as he was broke.
California is a tired idea.
For the sword outwears its sheath, 
And the soul wears out the breast.
(Thumbnail on PJM homepage by Shutterstock.com [12].)

Article printed from Works and Days: http://pjmedia.com/victordavishanson
URL to article: http://pjmedia.com/victordavishanson/california-at-twilight/
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[11] spoiled third-generation progeny: http://www.bbc.co.uk/programmes/p00sx76v/features/transcript

SF's dangerous policies on unlicensed drivers

By Debra J. Saunders
San Francisco Chronicle
http://www.sfgate.com
January 11, 2013


U.S. Immigration and Customs Enforcement officials detained Roberto Galo on Wednesday morning. Galo is a legal immigrant but an unlicensed driver who, on Nov. 16, 2010, took a left-hand turn at Harrison and 16th streets. His car struck law student Drew Rosenberg. Witnesses later testified that Galo then backed his car over Rosenberg, who died.
The law student's father, Don Rosenberg of Westlake Village (Los Angeles County), has been waging a crusade ever since. He's angry at San Francisco's policy, announced by then-Mayor Gavin Newsom in 2009, that shielded unlicensed drivers from an automatic 30-day impoundment of their vehicles. He's furious that Galo was able to retrieve his Chevy the day after police stopped him for driving the wrong way on a street and without a license. That's the car Galo drove into Drew Rosenberg. He's enraged at the judge who reduced a felony manslaughter charge against Galo to a misdemeanor. He can't believe that Galo served only 43 days for the crime.
"My wife and I really didn't care if he was sentenced to a day," Rosenberg told me in November. "Our focus became: Convict him of the two misdemeanors and deport him. That's a worse punishment than whether he spends a couple of months in jail." Rosenberg has spent months contacting politicians to push the system to act. On Wednesday, ICE did.
"We took him into custody. We're holding him without bond. We have basically filed the paperwork to initiate removal proceedings," ICE spokeswoman Virginia Kice told me. "ICE doesn't have the authority to unilaterally deport someone."
I have written about Galo in the past few months, but I get no joy in learning of his fate. His children will suffer, and they didn't do anything to deserve it.
Galo, however, did screw up. He endangered the general public. As a legal immigrant with temporary protective status, he was eligible to apply for a driver's license. He didn't get one. While he was trying to retain legal residency, he flouted California law by driving without a license. He got caught, and he did it again. Someone died.
Unlicensed driving is not a victimless crime. A recent Department of Motor Vehicles study found that unlicensed drivers are nearly three times as likely as licensed drivers to cause fatal crashes. They're more likely to flee the scene of a crash - which makes them more dangerous.
"This nonsense has to stop," Rosenberg told me. He is appalled that San Francisco City Hall has gone out of its way to tell illegal immigrants, who cannot apply for a California license, and also all unlicensed drivers, that they can get behind the wheel and get cited by police and their cars won't be impounded.
Consider the message that Newsom and then-Police Chief (now District Attorney) George GascĂłn sent when they announced in 2009 that they were behind a policy to allow unlicensed drivers pulled over by police - presumably for a reason - to call friends, who could drive away their cars to avoid an impound.
San Francisco banned Happy Meals with toys, for health reasons. Newsom pushed a measure that prohibited pharmacies from selling cigarettes, for health reasons. Yet Newsom bestowed his blessing on unlicensed driving, ignoring the clear risk.
In June, when GascĂłn charged a bicyclist with felony vehicular manslaughter for speeding through an intersection and killing Sutchi Hui, 71, a press release announced, "This incident could have been avoided and we can do better as a city to avoid these tragic consequences. In order to preserve our diverse transit community, everyone has to follow the rules of the road."
GascĂłn also intoned: "This tragic death caused by a bicyclist illustrates the worst-case scenario when traffic laws are not obeyed."
GascĂłn's office charged Galo with felony manslaughter. Good. But that happened after he announced the free pass for unlicensed drivers with licensed friends. I called his office to see if he now advocates an end to the impound-lite policy. No answer. Ditto from Mayor Ed Lee's operation.
Jessica Vaughan of the pro-enforcement Center for Immigration Studies believes ICE acted in part because the Rosenbergs pushed to see Galo face consequences for recklessly taking their son's life. How many fatal crashes have there been, Vaughan wonders, that garnered no press coverage, no outrage and no serious consequences?

License-lite in San Francisco

Nov. 1, 2009 - San Francisco Mayor Gavin Newsom announces a policy to allow unlicensed drivers to avoid an automatic 30-day impound if a licensed driver can drive away their car. Then-Police Chief George GascĂłn explained the policy was designed to help those "who can't get a driver's license because of their immigration status, as well as those who could not afford driver training.
June 14, 2010 - Police stop Roberto Galo, 52, for driving the wrong way on a one-way street and driving without a license. A licensed friend was able to retrieve his Chevrolet Cavalier.
Nov. 16, 2010 - Galo hits and kills Drew Rosenberg during a rush-hour accident.
Aug. 16, 2012 - A judge sentenced Galo to six months in jail, three years' probation for misdemeanor manslaughter and driving without a license. Galo served 43 days, then was released.
Jan. 9, 2013 - ICE detained Galo. No comment from Mayor Ed Lee.


Marco Rubio: Riding to the Immigration Rescue


The Wall Street Journal
http://online.wsj.com
January 11, 2013


Coral Gables, Fla.

Marco Rubio—41-year-old son of working-class Cuban exiles—has lived the upwardly mobile immigrant experience. In his fast rise, the Florida Republican has also experienced the politics of immigration. That story isn't so inspirational.

During his successful Senate campaign two years ago, an attack leaflet picturing "the Real Rubio" alongside an image of Che Guevara was sent to GOP voters. The mailer noted that Mr. Rubio championed laws in the state legislature to give children of illegal immigrants in-state tuition and health benefits. After going to Washington, he was then criticized for not doing enough on immigration reform. The Congressional Hispanic Caucus branded him "a wolf in sheep's clothing" and a Miami-based Hispanic group called him "a Benedict Arnold."

That may be mild compared to what's coming. Florida's junior senator and one of America's most prominent Hispanic politicians wants to take the Republican lead on immigration reform. Getting out front of President Obama's campaign pledge to overhaul the system in his second term, Mr. Rubio is laying out his ideas for possible legislation.
Terry Shoffner

Whether Mr. Rubio is courageous or foolhardy, the outcome on Capitol Hill and the impact on his career will tell the story. Immigration has long been a profitable wedge issue for Democrats and Republicans. On Wednesday at the Biltmore Hotel near his home here, Mr. Rubio spells out a reform plan that charges up the middle.

His wholesale fix tries to square—triangulate, if you will—the liberal fringe that seeks broad amnesty for illegal immigrants and the hard right's obsession with closing the door. Mr. Rubio would ease the way for skilled engineers and seasonal farm workers while strengthening border enforcement and immigration laws. As for the undocumented migrants in America today—eight to 12 million or so—he proposes to let them "earn" a working permit and, one day, citizenship.

Those proposals amount to a collection of third rails for any number of lobbies. Organized labor has torpedoed guest-worker programs before. Anything that hints of leniency for illegals may offend the talk-radio wing of the GOP.

Mr. Rubio burst onto the national stage with his 2010 upset win amid the tea party surge. His conservative bona fides come with an appreciation for the realities of legislative politics. He starts by stressing that "legal immigration has been, for our country, one of the things that makes us vibrant and exceptional." But then, in a nod to GOP restrictionists: "Every country in the world has immigration laws and expects to enforce them and we should be no different."

Any overhaul, he says, needs to "modernize" legal immigration. America caps the number of visas for skilled workers and favors the relatives of people already here. "I'm a big believer in family-based immigration," he says. "But I don't think that in the 21st century we can continue to have an immigration system where only 6.5% of people who come here, come here based on labor and skill. We have to move toward merit and skill-based immigration."

He says the U.S. can either change the ratio of preferences for family-based immigration or raise the hard cap on people who bring investment or skills into the country. He prefers the latter, noting that the U.S. doesn't produce enough science, math and engineering graduates to fill the open posts in high-tech. He says this number can be adjusted to demand: "I don't think there's a lot of concern in this country that we'll somehow get overrun by Ph.D.s and entrepreneurs."

At the other end of the skill and wage scale, most of the 1.6 million agricultural laborers in America are Hispanics, the bulk of them illegal immigrants. American produce couldn't be picked without them. The number and type of visas provided through a guest-worker program would have to be sufficient to address this pressing need. From Georgia to Washington state in recent seasons, unpicked fruits and vegetables have rotted in the fields. He'd look to increase the number of visas for permanent or seasonal farm workers.

"The goal is to give American agriculture a reliable work force and to give protection to these workers as well," Mr. Rubio says. "When someone is [undocumented] they're vulnerable to being exploited."

Initially, the illegal migrants now in the U.S. would mostly "avail themselves" of the guest-worker system, says Mr. Rubio. "Just the process to come here to legally work in agriculture is very difficult and very expensive. It doesn't work well. So that alone encourages illegal immigration."

Lest anyone take Mr. Rubio for an immigration softy, he has co-sponsored Senate enforcement legislation championed by restrictionists. The E-Verify law, which has been adopted in several states, would if passed oblige employers to check the legal status of prospective workers against a federal database. Detractors say the database is faulty and error-prone, and the law turns workplace bosses into immigration agents and merely pushes illegal workers further into the shadows, making them more vulnerable to abuse.

Mr. Rubio stands by workplace enforcement as an essential component of any immigration reform. If the guest-worker and expanded high-tech visa programs are adopted, he says, "you want to protect those folks that are coming here . . . and the value of their visa and the decision they've made. You're not protecting them if you allow their wages and their status to be undermined by further illegal immigration in the future."

He says that modern technology—whether E-Verify or something else—ought to let employers easily check whether their hires are in the country legally. Enforcement is meant not to "punish" but to provide employers "safe haven," he says.

As for the border, "we know what we need to do to gain more operational control," which he says is to invest in people and infrastructure. Unlike many Republicans, Mr. Rubio doesn't say that improved enforcement is a precondition for immigration reform. Such reform would, by his argument, ensure that fewer people will need or want to risk an arduous border crossing.

Politically hardest is the question of the up to 12 million illegals currently here. Mr. Rubio's proposal allows for adults who overstayed their visa or sneaked in to come into the open.

"Here's how I envision it," he says. "They would have to come forward. They would have to undergo a background check." Anyone who committed a serious crime would be deported. "They would be fingerprinted," he continues. "They would have to pay a fine, pay back taxes, maybe even do community service. They would have to prove they've been here for an extended period of time. They understand some English and are assimilated. Then most of them would get legal status and be allowed to stay in this country."


The special regime he envisions is a form of temporary limbo. "Assuming they haven't violated any of the conditions of that status," he says, the newly legalized person could apply for permanent residency, possibly leading to citizenship, after some years—but Mr. Rubio doesn't specify how many years. He says he would also want to ensure that enforcement has improved before opening that gate.

The waiting time for a green card "would have to be long enough to ensure that it's not easier to do it this way than it would be the legal way," he says. "But it can't be indefinite either. I mean it can't be unrealistic, because then you're not really accomplishing anything. It's not good for our country to have people trapped in this status forever. It's been a disaster for Europe."

The staged process won't please either the blanket amnesty crowd or the Minutemen. Still others have tried to split the difference by arguing for a permanent noncitizen legal-resident status for illegal immigrants and their offspring, on the German and French model.

Mr. Rubio repeatedly says his plan "is not blanket amnesty or a special pathway to citizenship." The illegals wouldn't jump any lines, "they'd get behind everybody who came before them." No one would be asked to leave the country to qualify, but the requirements he sets out merely to get a working permit are "significant."

"In an ideal world we wouldn't have eight, 10 million people who are undocumented," he says. "We have to address this reality. But we have to do it in a way that's responsible."

Mr. Rubio makes an exception for the over one million younger illegals. Along the lines of the Dream Act that stalled in Congress last year, he says people who came here unlawfully with their parents should be accommodated "in a more expedited manner than the rest of the population" to gain a way to naturalize.

During last year's debate over the Dream Act, Mr. Rubio tried to gather support for a less "broad" alternative. Republicans didn't like its pathway to citizenship. His efforts caught the eye of the Obama campaign. President Obama pre-empted—or outmaneuvered—him. The president's executive order offered two-year reprieves from deportation and work permits for young immigrants, and helped him with Hispanics in the election.

It was a lesson for Mr. Rubio, who saw his compromise efforts die as a result. Mr. Obama "may have even set back the cause a bit. He's poisoned the well for people willing to take on this issue," Mr. Rubio says. But he's still ready to do so, though he claims—as hard as it is to believe—that he hasn't "done the political calculus on this." As he knows, politics is everything on immigration. Comprehensive efforts failed twice under the Bush administration. President Obama promised in both campaigns to act, but then he didn't, even when Democrats controlled Congress his first two years.

In terms of legislative strategy, Mr. Rubio says he would want to see "a comprehensive package of bills"—maybe four or five as opposed to one omnibus—move through Congress concurrently. He says other experience with "comprehensive" reform (ObamaCare, the recent debt deal) shows how bad policy easily sneaks into big bills. It would also offer a tempting big target for opponents. Other reformers think that only a comprehensive bill can address the toughest issues. "It's not a line in the sand for me," replies Mr. Rubio.

Not missing a chance to tweak the president, he says that Mr. Obama has "not done a thing" on reform and may prefer to keep it alive as an electoral winner for Democrats with Hispanics for years to come. But, then again, "maybe he's interested in his legacy," Mr. Rubio adds, and open to a deal. The president, he says, would need to bring over Big Labor and talk back the most ardent pro-immigration groups from "unrealistic" positions on citizenship for illegals.

On the right, nativist voices in last year's primary campaign gave birth to phrases such as "electric fence" (Herman Cain), "self-deportation" (Mitt Romney) and other nuggets that turned Hispanic voters off. Mr. Rubio counters that most conservatives understand that immigrants are entrepreneurial and assimilate easily. "Immigration is actually an important part of affirming a limited-government movement," he says.


Is immigration reform a magic bullet for the GOP's troubles with Hispanic voters?

"No," Mr. Rubio says, but "the immigration issue is a gateway issue for Hispanics, no doubt about it. No matter what your stance is on a number of other issues, if people somehow come to believe that you don't like them or want them here, it's difficult to get them to listen to anything else."

He adds: "I think it's the rhetoric by a handful of voices in the minority, but loud nonetheless, that have allowed the left to create an unfair perception that conservatives and Republicans are anti-Hispanic and anti-immigration, and we do have to overcome that."

After two relatively quiet years in the Senate, Mr. Rubio is taking his first significant risk. Often mentioned in talk about a 2016 presidential run, he has decided to make immigration a signature issue.
Mr. Kaminski is a member of the Journal's editorial board.

Semper Fi, Unless It's Not Convenient

By Bill O'Reilly
http://www.townhall.com
December 29, 2012

Jon Hammar saw combat in Iraq and Afghanistan, but his most brutal foreign experience was in Mexico. Last August, the 27-year-old former Marine corporal was incarcerated by Mexican authorities in Matamoros for trying to register an antique shotgun with customs agents. Foolishly, Cpl. Hammar followed instructions given to him by U.S. Border Patrol agents in Brownsville, Texas. He registered the gun with them and brought the paperwork to the Mexicans to get their stamp of approval in order to carry the gun through the country. Hammar and a friend were driving a Winnebago, hoping to have a nice surfing vacation with some hunting on the side.

Even though the Mexican authorities clearly saw that Hammar was trying to follow the rules, they seized the Winnebago and locked the corporal up in the notoriously corrupt CEDES prison anyway. There he was threatened by other inmates and told by guards that he could buy his way out of the hellhole by paying money to the "right people."

Hammar's parents, who live in South Florida, immediately contacted the State Department and were told to be patient. And so they were. Three months later, Hammar was still incarcerated and had not even seen a judge, and things were becoming increasingly desperate.

That's when his parents gave up on the State Department and contacted the media.

When the story crossed my desk, I found it hard to believe. Cpl. Hammar had served his country honorably, returned to the USA with post-traumatic stress disorder, been treated for nine months in California and simply wanted a vacation after his ordeal. It was obvious that he was being held on bogus charges, and the State Department seemed impotent. When we asked Secretary of State Hillary Clinton for a comment, she refused to say anything about the case. A few of her deputies visited Hammar in prison, but the official line was that State could do nothing more.

Sen. Bill Nelson and Rep. Ileana Ros-Lehtinen raised some hell about the situation, but things continued to deteriorate. Mexican authorities actually chained Hammar to his bed. Another inmate sent a picture of that out to the press.

In mid-December, the Fox News White House correspondent asked press secretary Jay Carney about the case. President Barack Obama's spokesman looked perplexed and said he did not know anything about it. As unbelievable as that sounds, I believe that Carney was telling the truth. And by telling one truth, Carney indicated another truth: Neither Obama nor Secretary of State Clinton had come to the aid of an American combat veteran who was being abused by Mexican authorities.

Disgusted by our apathetic government, I took the case directly to the government of Mexico. On national television, I bluntly told the new Mexican presidente, Enrique Pena Nieto, that if he did not release Hammar by Christmas, I would lead a boycott of Mexican tourism and products. The next day, Hammar was released after a Mexican judge ruled there had been no intent to commit a crime.

The ordeal cost the Hammar family tens of thousands of dollars in legal fees and untold emotional damage. Thankfully, the corporal did arrive home to South Florida in time to have a nice Christmas with his family. But this story is a cautionary tale for any American traveling outside the USA. If you get into trouble, you will be essentially on your own, even if you are a combat veteran. Our leaders in Washington are basically bureaucrats with short attention spans. If they couldn't work up the energy to help Jon Hammar, they are not going to help you.

True leadership means helping those who are powerless and sincerely need help. That takes time and energy. President Abraham Lincoln set aside one day a week to answer calls for help from the folks. The current administration would not answer a desperate call for months.

As for Mexico, it remains a corrupt country hostile to the rule of law. Let the buyer beware.

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Marine Held in Mexican Prison, State Department Does Nothing

By Katie Pavlich
http://www.townhall.com
December 14, 2012


Jon Hammar, a former Marine who served in Afghanistan and Iraq, is being held in a notorious Mexican prison where Zetas gang members hold power. His crime? Declaring an antique shotgun to Mexican officials after registering the gun with U.S. Customs Agents on his way to Costa Rica. Hammar has been in a prison in Mexico for months now and this week, his parents got an extortion call demanding they wire thousands of dollars to the prison. Hammar spoke to his parents on the phone, saying he thought he was going to be killed. Hammar has been tortured during his time in the prison. He's been beaten and chained to a bed. Mexican officials have justified Hammar's arrest, saying it came in accordance with gun laws in the country, have no plans to release him and the State Department has done nothing to get Hammar released. He could face as many as 15 years in prison. More from NY Daily News:
The father of an ex-Marine jailed in Mexico after trying to declare an antique gun at the border says his son is concerned the attention his case has received could make him a target in his notorious lockup.

Jon Hammar, 27, was able to make a brief phone call Wednesday night to his father, Jon Hammar Sr., from his cell at the CEDES prison in Matamoros, Mexico.

“He’s just very concerned,” Hammar told the Daily News. “There’s a lot of activity (in the prison) because we’ve gone public,” his father said.

The younger Hammar, who spent four years in Iraq and Afghanistan, is worried he might be seen as a troublemaker as his family and lawmakers put pressure on the Mexican government to drop his four-month-old case.

Calling it a Catch-22, Hammar’s father said the support of lawmakers and the public for his son’s case could be instrumental in his release. But the publicity inside the jail could make the veteran American Marine unpopular.

“Some of the guards are saying ‘why are these people on TV about you? What’s going on?’” Hammar told his father.

CEDES, where Hammar is held, is one of the most notorious prisons in Mexico. Its population includes criminals linked to Mexico’s dangerous drug cartels. They are also widely believed to influence what goes on in the facility.
Hammer was told as long as he declared his shot gun to Mexican customs authorities that carrying the gun to Costa Rica was legal. Apparently that wasn't the case however considering Mexican authorities, including Mexican President Felipe Calderon, encourage their citizens to break U.S. law on a daily basis with illegal immigration and rock throwing at U.S. Border Patrol Agents, Hammer should be released immediately.
More from Hannity last night:


Katie Pavlich

Katie Pavlich is the News Editor at Townhall.com. Follow her on Twitter @katiepavlich. She is also the author of Fast and Furious: Barack Obama's Bloodiest Scandal and the Shameless Cover-Up.“ABSOLUTELY DEVASTATING! Intrepid investigative journalist Katie Pavlich rips the lid off Team Obama’s murderous corruption and anti-Second Amendment zealotry"says Michelle Malkin.
"Katie Pavlich draws back the curtain on a radical administration that put Mexican and American lives at risk for no discernible reason other than to advance an ideological agenda." - David Limbaugh
Buy Katie's book today and help us keep the pressure on Obama and his attorney general Eric Holder and expose the cover-up.

Truck Owner Wants DEA to Pay After Botched Sting

By Dane Schiller

The Houston Chronicle
http://www.chron.com/
July 29, 2012


The phone rang before sunrise. It woke Craig Patty, owner of a tiny North Texas trucking company, to vexing news about Truck 793 - a big red semi supposedly getting repairs in Houston.
"Your driver was shot in your truck," said the caller, a business colleague. "Your truck was loaded with marijuana. He was shot eight times while sitting in the cab. Do you know anything about your driver hauling marijuana?"
"What did you say?" Patty recalled asking. "Could you please repeat that?"
The truck, it turned out, had been everywhere but in the repair shop.
Commandeered by one of his drivers, who was secretly working with federal agents, the truck had been hauling marijuana from the border as part of an undercover operation. And without Patty's knowledge, the Drug Enforcement Administration was paying his driver, Lawrence Chapa, to use the truck to bust traffickers.
At least 17 hours before that early morning phone call, Chapa was shot dead in front of more than a dozen law enforcement officers - all of them taken by surprise by hijackers trying to steal the red Kenworth T600 truck and its load of pot.
In the confusion of the attack in northwest Harris County, compounded by officers in the operation not all knowing each other, a Houston policeman shot and wounded a Harris County sheriff's deputy.
Still Waiting
But eight months later, Patty still can't get recompense from the U.S. government's decision to use his truck and employee without his permission.
His company, which hauls sand as part of hydraulic fracturing operations for oil and gas companies, was pushed to the brink of failure after the attack because the truck was knocked out of commission, he said.
Patty had only one other truck in operation.
In documents shared with the Houston Chronicle, he is demanding that the DEA pay $133,532 in repairs and lost wages over the bullet-sprayed truck, and $1.3 million more for the damage to himself and his family, who fear retaliation by a drug cartel over the bungled narcotics sting.
"When you start a new business, there are obvious pitfalls you go through, a learning curve," said Patty, who before buying his two trucks worked in the pharmaceutical industry. "But who would ever be ready to deal with this?
"How am I — a small businessman, father of three, American Joe from Texas — supposed to make a claim against a federal agency that has conveniently shrouded itself behind a red, white and blue cloak of confidentiality and secrecy?"
Copies of letters and emails from Patty's insurance company state that it won't pay for repairs because the truck was part of a law-enforcement operation. Patty drew from his 401K retirement fund to repair the truck, which was out of operation for 100 days.
"I was not part of this," he said. "I had absolutely no knowledge of any of it until after it happened."
For its part, the DEA has not admitted that it was using Chapa as a spy because its official policy is not to comment on whether someone was an informant.
Lisa Johnson, a spokeswoman for the DEA Houston Division, confirmed that Patty's demand had been received and noted that it would be investigated by the agency. But the Chronicle established Chapa was an informant based on interviews with multiple law-enforcement officials who spoke on the condition they not be named, and later by courtroom comments of prosecutors.
Patty's request chronicles much of what he's been through, including the operating costs for his trucks and everything repaired or replaced due to the attack. Among other disturbing chores was the need to hire a Spring-based company to clean up the mess in the cab caused by the killing.
Houston lawyer Mark Bennett, who is advising Patty, said if Patty's initial claim is not resolved, the next step would be to sue.
1,000-mile detour
Patty hired Chapa five weeks before the shooting and now wonders how many of the trips in the $90,000 rig included DEA work. GPS information from the truck reveals an unauthorized trek to the Rio Grande Valley in the days before Chapa was killed. He took a 1,000-mile round trip detour from the route he was supposed to travel.
Perhaps most unnerving, Patty says, is that drug mobsters now likely know his name, and certainly know his truck.
Panic at the Patty home these days can be triggered by something as simple as a deer scampering through the wooded yard or a car pulling into the driveway. One morning as his wife made breakfast, one of his young sons suddenly bolted across the house yelling, "Get the guns!"
A Bronco sport utility vehicle had pulled into the driveway past a broken gate. The dogs were barking in the darkness. Patty grabbed a pistol and headed for the front yard.
The Bronco pulled away, leaving a shiny object by the front walkway. It turned out to be the morning newspaper wrapped in a plastic bag reflecting a neighbor's floodlight.
The whole ordeal has forced his children to grow up more quickly than he'd like, Patty said.
"I wanted to keep them young as long as I could," he said. "I've gone to great lengths to keep my son believing in Santa Claus, and now I'm talking to him about death, mayhem and drug cartels.
"That is a huge canyon between the two."
The truck has a new driver, but there's still one bullet hole inside the truck's cab. A chunk of seat cushion, sliced out as evidence, has been covered with a patch.
"I really do not worry about driving it," said driver Norman Anderson - as long is it doesn't involve a trip to South Texas.
"I feel like if I go there, I should put an 'X' on each side of my neck, draw a dotted line between them, and write, " 'cut here.' "

dane.schiller@chron.com


twitter.com/daneschiller


http://www.chron.com/default/article/Truck-owner-wants-DEA-to-pay-up-after-botched-3743683.php

Border Patrol’s New “Run-and-Hide” Strategy

By Frank Crimi
July 20, 2012


Janet Napolitano, Head of the Department of Homeland Security

When a band of knights encounter a murderous rabbit in the movie Monty Python and the Holy Grail, their immediate response is to hurriedly flee the carnage, screaming in unison, “Run away! Run away!”

Now in a case of life imitating comedic art, the Obama administration is instructing Border Patrol agents to “run away and hide” when confronted by an “active shooter,” an armed individual opening fire in public places.

The new “run-and-hide” directive for agents in US Customs and Border Protection (CBP) was issued by the Department of Homeland Security (DHS) in the form of a mandatory computer training course on the proper protocol to be used when confronted by active shooters.

That appropriate conduct, outlined in an hour-long video entitled “IS-907- Active Shooter: What You Can Do,” consists of three specific options available to Border Patrol agents: Evacuate, Hide Out, and, if that fails, Take Action.

Unfortunately, the DHS definition of “taking action,” according to Border Patrol union officials, is to “act aggressively and throw things at the shooter,” a plan that could prove unworkable given that the DHS did not specify what thrown objects would prove adequate in stopping a hail of gunfire.
Nevertheless, if the gunman is not subdued by an avalanche of tossed shoes, belts, or badges, the DHS then advise the Border Patrol agents to “call law enforcement and wait for their arrival,” a somewhat puzzling directive given those Border Patrol agents are under the impression they themselves are armed law enforcement professionals.

After all, these Border Patrol agents spend 12 weeks training at the Federal Law Enforcement Training Center (FLETC) in New Mexico, where they are instructed in such things as criminal law, immigration law, arrest techniques, self defense, and firearms.

Yet, despite being assigned upon graduation from FLETC a semi-automatic pistol, a fully automatic assault rifle or a shotgun to carry out their duties, the Obama administration apparently believes them insufficiently prepared to utilize those weapons and that training in taking down a crazed gunman firing on innocent civilians.

That downgraded assessment of their abilities comes despite Border Patrol agents — in addition to tracking groups of illegal aliens coming into the United States — being responsible for apprehending heavily armed Mexican drug cartel members operating along the US-Mexico border.

Not surprisingly, then, the DHS “run away” policy is not sitting well within the rank and file of the Border Patrol, including the country’s largest Border Patrol union with 3,300 members, Local 2544 in Tucson, Arizona.

In statements posted on their union website, union leaders have characterized the DHS guidelines as “downright insulting,” adding, “It’s nice to know if we should encounter such a situation, stop a shooter and save countless lives, we can look forward to being disciplined or fired by the Border Patrol because we should have run away to hide.”

As one former law enforcement investigator and current security consultant wondered, perhaps rhetorically, “Are the lunatics now running the asylum?”

Of course, the Obama administration’s diminished view of the role played by Border Patrol agents neatly dovetails with its overall disinterest in promoting the US Customs and Border Protection agency’s role in securing the nation’s borders.

That disinterest was most recently on display with the Obama administration’s announcement that it is moving to close nine Border Patrol stations across four states.

While the CBP has maintained closing the stations is being done in order to reassign agents to higher priority areas closer to the border, critics warn the closures will undermine efforts to intercept drug and human traffickers in well-traveled corridors north of the US-Mexico border.

As Bob Dane, communications director with the Federation for American Immigration Reform has said, the Border Patrol station closings are just “part of the systematic dismantling of both border and interior enforcement. It complements the non-enforcement policy of (the Obama) administration.”

The non-enforcement immigration policy of the Obama administration was witnessed most recently by President Obama’s executive order to stop the deportation of over 800,000 young illegal aliens; and his directive to Immigration and Customs Enforcement to “selectively enforce” the parts of Arizona’s immigration enforcement law, SB 1070, that were recently upheld by the Supreme Court.

Yet, as fully committed as the Obama administration is to not enforcing the country’s immigration laws, it is equally committed to making life a more pleasurable experience for those who find themselves in the country illegally.

To that end, in this year alone, the Department of Homeland Security announced the appointment of the nation’s first “public advocate” for Immigration and Customs Enforcement; and its revised standards for treating illegal aliens housed in the country’s detention facilities, changes which included providing taxpayer-funded access to “hormone therapy” for transgendered detainees.

So, given the Obama administration’s desperate desire to run away from America’s illegal immigration problem, it makes sense that it would now instruct America’s Border Patrol agents to run away from their professional responsibilities of protecting public safety.

Yet, while the DHS “flee to safety” policy may provoke a mixture of derision and amusement, it should be noted that a variation of this policy has already been in effect, one that resulted in the death of Border Patrol agent Brian Terry, the centerpiece of the Fast and Furious operation.

Specifically, the Justice Department recently revealed that Terry and a contingent of federal agents initially fired bean bags — not bullets — at a group of heavily armed drug cartel members south of Tucson, Arizona, in December 2011, an exchange in which Terry was shot and killed.

That information, which came in a statement issued by Attorney General Eric Holder, also read, “Agent Terry served his country honorably and made the ultimate sacrifice in trying to protect it from harm.”

Unfortunately, Terry’s heroic effort to protect his country was delivered in the form of a bean bag, a “weapon” that the Department of Homeland Security would undoubtedly find a suitable standard issue for all Border Patrol agents.

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