Some blue states, counties, and cities – with unprecedented ignorance of the law – refuse to cooperate with federal immigration law enforcement. That needs to stop. America’s immigration laws do not enforce themselves.
First, in certain areas of law – including civil rights, immigration, drug, terror, kidnapping, and other public safety areas – federal law, by Supreme Court precedent, is decisive. Asserting state law in these areas is legally wrong.
Second, in the area of admitting – or deporting – those not on a valid visa or US citizens, rules are clear. While the question of whether “persons” in the US illegally get all the rights of citizens is now before the Supreme Court, one thing decided is this: Government-funded counsel does not attach to deportation.
Third, while “asylum seekers” are entitled to a hearing, the initial claim of right to asylum must be true, verified, or vetted, not a fake or false claim.
A valid claim – even before the hearing testing it – is an asylum seeker who, at a minimum, presents a “well-founded fear of persecution” in whatever country they are entering the US from, or else they must stay there until the claim is heard.
If the person does not show up for an assigned asylum hearing, that is grounds for prompt removal. Under Biden, at least 500,000 “asylum seekers,” most with no “well-founded fear of persecution” attributed to them, did not show up.
Beyond that, many in the United States – Minnesota, Maryland, and Maine to California – sneaked into the US between border points to get government benefits, healthcare, and electronic benefit cards for housing. They need to be deported.
The total number of illegal aliens, before counting drug and human traffickers, those committing fraud and other crimes of moral turpitude, is simply those not having a valid visa, not visiting lawfully, who entered illegally or skipped their asylum hearing. That number is between 10 and 20 million.
Finally, while immigration law is complex, and there are circumstances intended to protect those lawfully here from deportation, a few rules are clear. These rules strongly suggest blue states and municipalities should not violate federal law to protect those unlawfully here – not least because they risk becoming lawbreakers.
Broadly, those here without a legal basis, who skipped their asylum hearing, overstayed a visa, and are involved in criminal activities – must all go. If they have committed crimes like trafficking, assault, or fraud, they face “mandatory deportation.”
Under 8 USC 1182, entitled “Inadmissible Aliens,” there are not a lot of excuses to be here if you are legally here. A good governor, mayor, or local authority would promptly enlist federal authorities, including ICE, DEA, and FBI – to remove them.
Under the law, “inadmissible aliens” include those presenting “health” risks to Americans, such as “a communicable disease of public health significance.” While exceptions exist, this is a real basis for deportation.
Deportation is also warranted for “conviction for certain crimes,” including “a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime, or …a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States … to a controlled substance,” that is illegal drugs. Illegal voting also warrants deportation.
Trafficking in persons, money laundering, terrorist activities (including threats), and related activities warrant deportation. If an alien might adversely affect US foreign policy, they are deportable – and if the alien is a member or has ever been a member of a “totalitarian” party, such as “communist” or “terrorist.”
The law goes to hundreds of pages, but these core elements are sound. Law enforcement can also attach – see the recent judge – to those trying to help illegal aliens break these laws. Perhaps most importantly, urgent deportation is appropriate, in some cases without added hearings, when public safety is at risk. Needed now is leadership. Laws do not enforce themselves.
Robert Charles is a former Assistant Secretary of State under Colin Powell, former Reagan and Bush 41 White House staffer, Maine attorney, ten-year naval intelligence officer (USNR), and 25-year businessman. He wrote “Narcotics and Terrorism” (2003), “Eagles and Evergreens” (North Country Press, 2018), and “Cherish America: Stories of Courage, Character, and Kindness” (Tower Publishing, 2024). He is the National Spokesman for AMAC. Today, he is running to be Maine’s next Governor (please visit BobbyforMaine.com to learn more)!
